- General
a) The sales of the company Rotech sp. z o.o hereafter called Company or Rotech are made exclusively to the present general conditions of sale.
b) Any deviation from these conditions must have been expressly accepted and mentioned in writing on the acknowledgement of receipt of the order.
c) The information contained in the Company’s catalogues, prospectuses and tariffs, as well as the declarations of the Company’s sales representatives and technicians, are for information purposes only.
d) Any firm order accepted by our Company implies, for the buyer, the unconditional acceptance of these general conditions of sale which cancel all clauses and stipulations printed on the orders or on the correspondence of the buyers.
e) Unless expressly agreed otherwise in writing,
– Rotech does not accept any order cancellation for any reason whatsoever.
– Rotech does not take back its sold goods. - Delivery
a) The delivery times relating to the acceptance of the order, as well as those mentioned in the offer, are only indicative and any delays do not entitle the customer to cancel the sale, refuse the goods or claim damages.
b) Rotech does not accept in any way any penalties for delay. - Price
a) Prices are invoiced in accordance with the rate in effect on the day of delivery. They may be modified in the following cases: modification of customs duties and more generally of the regulations concerning imported products, modification of the cost price of imported products resulting in particular from exchange rate fluctuations, modification of taxes on turnover or similar, creation of new taxes.
b) Unless otherwise agreed in writing, the Rotech prices are always exclusive of tax, departure from Rotech stores and carriage and packaging at the buyer’s expense.
c) For any order, a minimum chargeable of 50 € per delivery will be applied.
d) Rotech does not accept in any way any penalties for delay. - Payments
a) The place of payment is Rotech Sp. z o.o. regardless of the method of payment. Bills of exchange, bills of exchange, free shipping, etc., do not provide any derogation from the place of payment.
b) Unless otherwise agreed by us, all our goods are payable at 30 days and without discount.
c) In the case of a first case, payment is made by cheque with the order net and without discount.
d) In the event of late payment, the amount due by the client shall automatically bear interest at the National Bank of Poland (NBP) discount rate plus 1.5 points, subject to the provisions of this article. In addition, any delay in payment, return of an unpaid item, automatically entails, at the expense of the buyer, an indemnity fixed as a penalty clause, at 20% of the amount of the unpaid invoice. - Reception, guarantee
a) In the absence of having notified Rotech, before installing the said goods, of any relative reserves other than those resulting from the transport, the customer shall be presumed to have waived all claims and shall not be entitled to claim any apparent defects and defects of the goods.
b) In general, the operation of the guarantee will be governed by the following rules:
– The warranty granted by Rotech is strictly limited to the supply or replacement of defective goods.
– As this is a wear part whose service life is determined by the correct assembly and use of the product, Rotech does not guarantee any service life for its products.
– The warranty only applies to the normal use of our Company’s equipment in accordance with its instructions.
– The warranty will only apply in cases where our Company’s technical services acknowledge after examination of the defective part that the defect is not due to negligence or modification attributable to the buyer.
– Rotech shall in no event be liable to the buyer or any other person for any loss or damage resulting directly or indirectly from the use of the goods, or for any commercial prejudice that may result therefrom. Rotech therefore does not accept any charges whatsoever in the event of a defect. - Installation, maintenance
a) Customer shall be fully responsible for the installation and maintenance of the equipment by specialized personnel who shall comply with the manual and, more generally, with the best practices in this field. The customer will be fully responsible for the equipment for which he/she is responsible for installation, operation and maintenance. In particular, he must obtain all authorizations, licences and certificates necessary for the installation, use and disposal of the equipment.
b) Rotech does not assume any obligation regarding the installation and maintenance of the equipment.
c) Customer is not liable to Rotech for any damage resulting from the defective assembly or installation of the goods. - Intellectual property, patent
a) Rotech reserves the right to intervene in court or otherwise in any action brought against any of its customers based on an infringement of a patent, design, process or trademark belonging to it, the said customer must, under penalty of mandatory damages, call Rotech as collateral.
b) The tools, plans, studies that Rotech may create for the production of special parts remain the property of Rotech even if a contribution to the costs of studies or tools has been requested from the customer. - Reservation of ownership
a) Ownership of the goods sold shall not be transferred until full payment of the price has been made. However, the risk of damage, loss or theft of the goods shall be transferred to the buyer upon delivery. The buyer will therefore have to take out all the necessary insurance to cover these risks. - Causes of Force Majeure
a) Rotech is released from its obligations for any fortuitous event or force majeure. The following events are considered as such: strikes and lockouts affecting Rotech or its suppliers as well as wars, cataclysms or epidemics potentially related to the activity of Rotech. The customer will not be able to invoke such events to cancel his order. The quantities ready for delivery at the time of the event must be accepted by the customer and paid for. - Personal data protection
a) By accepting this set of Conditions Customer confirms his consent for processing of his personal data by Rotech and entities acting on its behalf in the country and abroad, in connection with the implementation of contracts for the sale of goods offered by Rotech and for marketing purposes related to the activities carried out by Rotech.
b) The Customer has all the rights resulting from the Act of August 29, 1997 on the Protection of Personal Data (consolidated text, Journal of Laws of 2016, item 922). - General provisions, Jurisdiction
a) In the event of a dispute, the court at the registered office of Rotech Sp. z o.o. shall have sole jurisdiction, even in the event of a warranty claim.
