I. General provisions.
1. These terms constitute an integral part of all activities of Fischer Automotive sp. z ograniczoną odpowiedzialnością sp. k. with its registered office in Mroczków 4a, 26-120 Bliżyn , KRS no. 0000610274 (hereinafter referred to as: Fischer Automotive) within the sales process.
2. The following terms are general, and detailed provisions may be extended and further defined in separate, mutual agreements in written form in order to be valid.
II. Price offers.
1. The prices given by Fischer Automotive are always net prices.
2. Price and supply offers shall be based on Ex-Works terms (Incoterms 2018), unless the parties have agreed otherwise.
3. Fischer Automotive’s price offers are binding, unless agreed otherwise by the parties, within 30 days from the date of publication and may be canceled by Fischer Automotive during this period.
III. Payments and commercial terms.
1. Commercial terms are agreed upon individually with the buyer and constitute a trade secret, which both the buyer and Fischer Automotive undertake to keep confidential.
2. Deductions by the Buyer are excluded by Fischer Automotive.
3. Fischer Automotive allows for the possibility of mutual settlement offsetting, but only after the written approval of Fischer Automotive has been granted.
4. Fischer Automotive reserves the right to charge statutory interest if the Buyer exceeds the payment deadline.
IV. Offers and delivery.
1. Fischer Automotive’s offers are non-binding, subject to possible changes in the terms of sale.
2. An officially placed order in writing (e-mail, fax) or in another form, agreed and accepted by both parties constitutes a basis for the acceptance and realization of an order. The order should contain: the quantity of the ordered goods, the delivery date, the place of delivery.
3. An order shall be deemed accepted for realization only after a written (e-mail, fax) confirmation by Fischer Automotive.
1. Fischer Automotive shall only be liable for defects resulting from improper workmanship, material defects or quantity discrepancies in the delivery
2. Fischer Automotive’s liability for quality defects results from the relevant general regulations on these matters. Fischer Automotive is not liable for quality defects if the delivered goods have been altered or if the buyer has not fulfilled our request to return the defective goods.
3. The buyer is obliged to verify the completeness and conformity of the delivery within 14 days of receipt of the goods. In case the delivery is incomplete or the packaging is damaged, these faults shall be recorded in the complaint protocol and the consignment letter confirmed by the carrier. The aforementioned documents are the basis for considering a complaint. In case of any discrepancies in quantity or quality noted after the goods have been unpacked, they must be reported within 14 working days from the date of delivery. After this period expires, it is presumed that the goods have been delivered in impeccable condition, i.e. without defects and in the agreed quantity and assortment.
4. Complaints must be submitted in writing by letter, fax or e-mail. Oral complaints will not be considered.
5. Fischer Automotive declares, that the standard time for the complaint to be considered amounts to 30 days from the date of acceptance of the complaint by Fischer Automotive and if additional action needs to be taken, Fischer Automotive undertakes to inform the Buyer about the extension of the complaint processing time.
VI. Force majeure.
1. Fischer Automotive shall not be liable for any delay or omission within the production process caused by unexpected events and for any events classified as a result of force majeure.
1. All commercial and technical information exchanged between the Buyer and Fischer Automotive is considered a trade secret and may not be disclosed to third parties. Proven violation of this principle may give rise to appropriate claims by the other party.
VIII. Final provisions
1. Fischer Automotive is guided by the willingness to settle any disputes that may arise and declares its readiness to take action to resolve any conflicts.
2. If one of the parties refers the matter to court, Fischer Automotive shall submit only to the jurisdiction of Polish law and the court competent to settle potential disputes shall be the court having jurisdiction where the registered office of Fischer Automotive is located.
3. The Buyer is obliged to inform Fischer Automotive of any events that may affect the performance of previous agreements and obligations. In the event the other Party is not notified in writing of a change of address, all notices and documents (e.g. invoices) sent to the address indicated in the preliminary part of the Agreement or resulting from the last notification of a change of the address shall be considered to have been delivered to the Party. For delivery to be effective, it is irrelevant whether the Parties have read the contents of the notice or the document.
4. By accepting these GTCs, the Buyer consents to the processing of their personal data by Fischer Automotive in connection with the performance of sale agreements of products offered by Fischer Automotive.