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ul. Młyńska 24 Czerwionka-Leszczyny
5 items - 5020,99 zł 5
5 items - 5020,99 zł 5
5 items - 5020,99 zł 5
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General terms and conditions of sale

I. GENERAL PROVISIONS

  1. These Terms and Conditions of Sale (hereinafter referred to as GTS) define the rules for the sale of salt, products made from salt and brine, offered by Przedsiębiorstwo Gospodarki Wodnej i Rekultywacji S.A with its registered office in Jastrzębie – Zdrój , ul. Chlebowa 22. The GTS apply to all contracts concluded between the Buyer and the Seller after the date of introduction of the GTS by the Seller.
  2. The GTCs are available to the Buyer on the website www.soldebienska.pl
  3. For the purposes of the Agreements, the terms or phrases indicated below that are capitalized in the body of the Agreement shall be given the following meanings by the Parties:
  1. Seller – Przedsiębiorstwo Gospodarki Wodnej i Rekultywacji S.A with its registered office in Jastrzębie-Zdrój, ul. Chlebowa 22, entered in the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, Commercial Department X of the National Court Register under the number: 0000082499, NIP: 633-000-51-27, Share capital: PLN 52,411,840, Paid-in capital: PLN 52,411,840.
  2. Buyer – a legal person, an organizational unit without legal personality or a natural person entering into a contract with the Buyer, following which the ownership of the Products is acquired.
  3. JSW – Jastrzębska Spółka Węglowa S.A.with its registered office in Jastrzębie – Zdrój, al. Jana Pawła II 4, entered in the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the number 0000072093, NIP: 633-000-51-10, share capital: PLN 587,057,980.00, paid-in capital: PLN 587,057,980.00
  4. Payment date – the date on which the amount due for the goods becomes due.
  5. Product – means salt, products made from salt or brine, the purchase of which is subject to
  6. Order – a statement made by the Buyer in writing or in electronic form, for the purpose of acquiring ownership of a Product in the Order Mode.
  7. Contract – a contract of sale, following which the Buyer acquires ownership of the Product.
  8. Party, Parties – means the Seller, the Buyer or both parties simultaneously.
  9. Force Majeure – means an external event that is sudden, unforeseeable and beyond the control of the Parties, which occurs after the conclusion of the Agreement, making it impossible to perform the Agreement in whole or in part, either permanently or for a certain period of time, which cannot be prevented or counteracted with the exercise of due diligence by the Parties. Events such as, but not limited to, the following are considered to meet the prerequisites of Force Majeure. Natural disasters, acts of state power, warfare.
  10. Place of sale – finished goods warehouse in Czerwionka-Leszczyny at ul. Mlynska 24.
  1. If the provisions of the GTS conflict with the provisions of the Seller’s offers or the Agreements concluded by the Parties, the provisions of the offers and the Agreements shall prevail. If, as a result of the above procedure, some provisions of the GTS are declared invalid, other provisions do not lose their validity.
  2. The parties exclude the application of the mode of acceptance of the offer provided for by the regulations of Art. 681 and Art. 682 of the CivilCode .
  3. Sales execution can be carried out in Order Mode or Simplified Mode.

II. ORDERING PROCEDURE

  1. The basis for the sale of the Product in the Order Mode is the Buyer’s Order. The order can also be made based on the Seller’s offer.
  2. For the validity of the conclusion of the Agreement in the Procurement Mode or its amendment, all statements exchanged between the parties in this regard, should be delivered to the other party in writing – by mail, fax or e-mail. The order should at least include: the name of the ordered goods, the quantity of goods, full details of the Buyer, necessary for proper identification of the Buyer, the expected date of execution of the order, the method, form of payment and place of receipt of goods, information whether the Buyer is an active VAT payer.
  3. The Seller reserves the right to refuse to make a Sale under the following circumstances:
  1. The order does not meet the requirements of paragraph II.2 GCS,
  2. The order was placed after the expiration date of the bid,
  3. The order is inconsistent with the offer,
  4. reasons of Force Majeure nature have occurred
  5. Seller does not have Products
  1. Collection of Products will take place at the Place of Sale according to a predetermined schedule, which should include the type, quantity of Products and the date of collection.
  2. The schedule referred to in paragraph II.4 The Seller will establish the GCS with the Buyer on the basis of the Order submitted by the Buyer in the form: by telephone, paper or e-mail by the Friday preceding the week,
    In which collection of goods will take place.
  3. In the case of sales in the Order Mode, the Seller reserves the right to demand security for the amount due for the purchased Products in the form established in the Contract or
    Under the terms of the offer submitted by the Seller.

III. SIMPLIFIED PROCEDURE

  1. The Seller allows the sale of Products without prior Order on the basis of prepayment made or in the case of payment of the price in cash at the Place of Sale with the purchase of Products.
  2. The Seller reserves the right to refuse to make a Sale under the following circumstances:
  1. reasons of Force Majeure nature have occurred
  2. Seller does not have Products
  1. The Buyer shall prepay the Seller’s bank account on the basis of a pro forma VAT invoice, delivered to the Buyer via e-mail.
  2. In the case of prepayment, the Buyer is obliged to take delivery of the Products within 30 days, under penalty of return of the prepayment.

IV. TERMS OF PAYMENT

  1. The Buyer undertakes to pay the price specified in the VAT invoice issued by the Seller, within the period specified therein.
  2. Prices quoted by the Seller are net prices and will be increased by value added tax according to applicable rates.
  3. If the delay of any payment to the Seller exceeds the due date specified in the Contract, the Seller may withhold processing of Orders. The Seller reserves the right to stop the execution of Orders also when the value of the Buyer’s indebtedness for the collected Products reaches the amount of the security or the level of receivables established in the contract. The seller shall not be liable for any damage resulting from these reasons.
  4. Delay in payment beyond the established deadlines will result in the Buyer being charged statutory interest for delay in commercial transactions, which will accrue from the date the claim is due.
  5. The initiation of a complaint procedure does not relieve the Buyer from the obligation to pay the price for the goods issued.

V. ACCEPTANCE, COMPLAINTS

  1. The loading point is located at the Place of Sale
  2. The seller aims to limit the parking of Buyer’s cars in front of the entrance to the loading point to 1 hour. Drivers have the right to use the Vendor’s social facilities.
  3. Unless the provisions of the contract stipulate otherwise, the Buyer has an absolute obligation immediately upon receipt of the goods, no later than on the day of delivery, to make a detailed inspection of the compliance of the delivered goods with the order, both in terms of quantity and visible defects. Any objections to the quality of the goods, the Buyer is obliged to report in writing to the Seller within 3 working days from the date of receipt of the product (quantitative complaint) and within 7 working days from the date of receipt of the product (qualitative complaint), under pain of loss of compensation rights. A complaint submitted after the deadline will be tantamount to a rejection of the complaint.

VI. CONFIDENTIALITY

  1. The Seller and the Buyer undertake to keep confidential, properly secure and not to use any information concerning the performance of the subject matter of the contract, as well as information concerning the other party to the contract and its activities, which came into their possession in connection with the performance of the contract.
  2. The Seller reserves the right to make the information presented in the contract public for the purpose of creating reports provided to the public by the Seller’s parent object – JSW – in connection with the listing of JSW’s securities on the Warsaw Stock Exchange S.A.

VII. FINAL PROVISIONS.

  1. The law applicable to the execution of contracts to which the GTS applies is Polish law, and the place of dispute resolution is the common courts with jurisdiction according to the seat of the Seller.
  2. The Buyer’s assignment of receivables, as well as other rights to which he is entitled under the Contract, is possible only with the prior written consent of the Seller.
  3. The GCS is introduced as of 15.09.2017.
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