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Terms of Service

Terms of service

Conditions of Use

Delivery time

The average delivery time extends from 5 to 10 days after receipt of payment, however Fiberglassproducts Sp. Zoo reserves the right to extend the delivery time to the maximum of 8 weeks if it is necessary.

Price after deductions

All prices of this offer as well as the online product catalogue of Fiberglassproducts Sp. Zoo are net prices. Does the customer order VAT-exempt (export), the customer is bound to inform Fiberglassproducts Sp. Zoo about his international VAT-number. If the costumer does not attend to his duties, Fiberglassproducts Sp. Zoo reserves the right to evaluate the part of VAT-exempt and pay out the money to the finance office.

Payment

If Fiberglassproducts Sp. Zoo offers fairness accomplishment, does that not mean that Fiberglassproducts Sp. Zoo gives an confession statement.

Global Scope

All opposite pretensions in combination with contract signing between the customer and Fiberglassproducts Sp. Zoo apply to these common business conditions in their current version.

Object of agreement

Fiberglassproducts Sp. Zoo delivers the customer ordered goods or adduces services after acceptance. If Fiberglassproducts Sp. Zoo admits any contractual failure, Fiberglassproducts Sp. Zoo is indepted to inform the customer immediately. In that case the customer has the chance to sign a modified contract. If the customer does not give his acknowledgement, the contract is not accomplished.

Contract conclusion/right of withdrawal

The contract accomplishes via accepting the customer order by Fiberglassproducts Sp. Zoo. The customer pass on a declaration acceptance, § 151 Satz 1 BGB. The costumer will be informed about the contract conclusion by acknowledgment per email and copy of the contract respectively. The right of withdrawal applies not to such particular services of Fiberglassproducts Sp. Zoo, whose special business conditions excludes the right of withdrawal, such as for “CFK and GFK products”, as well as for the following ware groups:

+ Wares, which are produced by customer specification or which are definitely specific to the personal needs.
+ Wares, which are specifically supplied as a result of the customer declaration of intend and which doesn’t belong to the standard available capacity.

Does the customer place an order for the following wares and ware groups respectively, is the right of withdrawal also excluded, because theses wares are not appropriate to a reconsignment by reason of its consistency:


+ Wares, which are produced of standard elements by customer specification.
+ Special order of the customer.

Availability retention

If Fiberglassproducts Sp. Zoo finds out, after the contract conclusion, that the ordered wares or services are not available anymore or that it could not be delivered for legal reasons, then Fiberglassproducts Sp. Zoo either can offer equivalent wares or services in the same quality and price or can withdraw from the contract. Fiberglassproducts Sp. Zoo will refund already received payments after either the customer or Fiberglassproducts Sp. Zoo has withdrawn the contract immediately.

Delivery

For the whole risk of damage on the transport or for the losing of wares on the transport, there exists a coverage up to a ware value of 500,00€ on the part of the post or united parcel service. Deliveries per letter are categorically not insured and the risk is taken by the customer. We request notification, if the delivery is incomplete or there is any damage after the transport. Visible damages (also packing damages) must be notified to the respective shipping/delivery service/post. If the customer fails to do so there is no right to draw on Fiberglassproducts Sp. Zoo.

Retention of title

The delivered ware is as long as it is not fully paid in the possession of Fiberglassproducts Sp. Zoo.

Guarantee

Fiberglassproducts Sp. Zoo assures that the products are free from defects at the time of the handing over. That means that the products are suited for the contract presumed and for the usual uses. The products show a consistency, which is usual for products in the same line and which the customer expects from that kind of product and from the proclamation of Fiberglassproducts Sp. Zoo respectively.

The customer has to check the ware regarding on completeness and on any defects after receiving the delivery (within a week after reception). In the case of a deviation he has to send a notice of defect immediately. In the case of hidden defects he must send a notice after detection within the period of guarantee immediately. In the event of a defect the customer has the right to demand the remedy of defects or the delivery of a faultless ware according to § 439 BGB. Fiberglassproducts Sp. Zoo has the right to (§ 439 BGB) refuse the chosen customer fulfilment, if it is just possible by disproportional costs. If the remedy of defects does not succeed even by the second try, the customer has the right to demand a delivery of a faultless ware or to reduce the price or to withdraw from the contract. The withdrawal is excluded, if the defect is small and negligible. The claim for damage because of defects is excluded unless Fiberglassproducts Sp. Zoo concealed a defect maliciously or accepted a guarantee for the consistency of these wares. Precondition for a requirement of guarantee is, that the damage is not caused by improper use or overstraining. If the defect is shown later than 6 months after delivery, the customer has to proof that the defect already existed since the disposal. Alternatively it is up to Fiberglassproducts Sp. Zoo to provide evidence that the defect happened after the disposal.

Liability

Fiberglassproducts Sp. Zoo, its management and employees are liable in cases of positive breach of claim, default of contract conclusion, delay, impossibility, unauthorized action as well as any legal ground on intention and gross negligence. In case of negligent breach of contractual cardinal obligation or of a malicious deceit and in case of a claim of compensation according to § 437 Ziffer 2 BGB Fiberglassproducts Sp. Zoo is liable. Merely in case of a breach of cardinal obligation the liability of Fiberglassproducts Sp. Zoo employees is limited on the typically, foreseeable defect. Insofar indirect defects are excluded. In case of delay the customer has alternatively the right to withdraw from the contract.

The amount of a liability of Fiberglassproducts Sp. Zoo, according to the product liability law, is not affected. All mentioned arrangements reflect the whole extend of liability of Fiberglassproducts Sp. Zoo, its management and employees. A advanced liability is excluded. Fiberglassproducts Sp. Zoo is also not liable for any loss of wages harm.

Choice of law

Polish right is used on any legal relationships between Fiberglassproducts Sp. Zoo, the customer and the particular business conditions. The use of the UN-agreement about contracts about international ware sales from 11.04.1988 are excluded. These terms don’t include the constraining arrangements of the customers country. Insofar the contract has nothing to do with the occupational or commercial agitation of the customer and the customer has conducted the legal acts for the contract conclusion in his own country.

Copyright It is prohibited to use footage of Fiberglassproducts Sp. Zoo without knowledge and agreement of Fiberglassproducts Sp. Zoo. An agreement can only be related to pictures and must be given in written form. It is prohibited to use text material.

Any violation is connected with claim for damage on the part of Fiberglassproducts Sp. Zoo.

It is forbidden to copy any products of Fiberglassproducts Sp. Zoo. Contraventions will be legally persuaded and claims for damage in the amount of lump-sum 500.000,00 € will be demanded.

The name “Fiberglassproducts Sp. Zoo” isn’t allowed to be used without permission.

Miscellaneous

A right of the customer of summation or retention does not exist unless the demand is undisputed or legally binding by court. It should be found out that an order process was released without actual purchase interest, 20% of the total sum are raised inclusively as a handling charge. These are to be transferred within 10 working days to the commercial discount payment called in the imprint. Should not be followed to him, judicial steps are initiated without other reminders.

Place of fulfilment is the official location of Fiberglassproducts Sp. Zoo. For deliveries the place of fulfilment is either Fiberglassproducts Sp. Zoo or the place of delivery of the first dispatcher, who works for Fiberglassproducts Sp. Zoo. If certain terms of this contract are not fully or partial operative or later lost its legal effect, then shall the validity of the contract not be affected through this. For this case both parties are bind to declare an effective arrangement instead of an ineffective arrangement, which, insofar legally possible, nearly is equal to the ineffective arrangement with its commercial intention in consideration of the interests of the parties. The same applies to insofar the contract shows a not foreseen gap. Exclusive jurisdiction is the district court of Stettin (Poland) or a different jurisdiction mentioned by Fiberglassproducts Sp. Zoo. Insofar the customer must be a businessman in terms of the code of commercial law or he must be a corporation of the official law.

With an order or a contract these conditions are read as and are looked accepted