GENERAL TERMS OF SALE
Edition No. 3 from March 19th, 2019
I. Definitions
Buyer – a natural person, legal entity and an organizational unit without legal personality with which Luxon has concluded or intends to conclude a Sale Agreement.
Luxon – Luxon limited liability company with headquarter in Krępice
Internet website a – Luxon’s website available at the address www.luxon.pl
GTCS – Luxon’s general sales terms and conditions.
Force majeure – Inevitable, unpredictable and beyond control external
occurrences, including natural disasters (floods, earthquakes,
thunderstorms, hurricanes, heavy snowfall), law directives,
strikes, riots, lockouts, wars, rebellions, civil unrests, piracy.
General Warranty Terms – The warranty conditions are available at the Website or directly passed to the Buyer.
II. General provisions
1. The below-indicated GTCS are an integral part of the Sales Agreement between Luxon and the Buyer. The GTCS are applied as a whole to shipping agreements and to services, provided by Luxon to the Buyer.
2. All services provided by Luxon are the subject of those terms which are an inseparable part of the agreements between the Buyer and Luxon. All additional arrangments or inconsistencies are not binding, if not accepted by Luxon in writing.
3 . The GTCS are binding for the Buyer from the moment of:
a. placing the order
b. signing of the Sales Agreement, or
c. accepting the offer proposed by Luxon
4. The current GTCS are listed on the Website under https://luxon.pl/Pliki/general-terms-of-sale-EN.pdf. Luxon
reserves the Right to changes, the binding form for the Buyer is the one from the day of
approving the Sales Agreement as stated in Paragraph II.3
5. Luxon and the Buyer are further referred as Parties.
III. Orders and Sales Agreement
1. By the Sales Agreement, the Parties understand:
a. An order placed by the Buyer and confirmed by Luxon,
b. a sales proposal made by Luxon and accepted by the Buyer,
c. an Agreement signed by both Parties.
2. Orders can be placed by the Buyer in writing, via phone or email, to the address provided on
the Website.
3. The order placed by the Buyer does not bind Luxon until the confirmation of the order for execution. Confirmation is made in writing or via e-mail under pain of nullity. In the case of telephone orders, confirmation takes place within 48 hours from the moment of placing the order.
4. Any changes or suggestion made by the Buyer, which are not a part of the GTCS, are not binding for Luxon, unless accepted in writing or via email.
5. Changes or suggestions made by the Buyer, included in the order confirmation issued by Luxon, which differ from the GTCS, are not binding for Luxon, unless accepted in writing or via email.
6.Placed orders which have not been confirmed, cannot be the basis of any financial claims made in relation to Luxon. Lack of response from Luxon for orders placed by the Buyer is not considered as an order acceptance. The particular range of the order is specified in the Sales Agreement between both Parties. In case of inconsistencies between the Sales Agreement and GTCS, the terms stated in the Sales Agreement are binding.
IV. Rights resulting from the documentation
1. All information on Luxon’s product, which can be found in sales proposals, messages, catalogs, brochures or any other types of documents, which are used by Luxon, including the ones listed on the Website, are only approximate, excluding cases in which the given technical data has been confirmed as final. Differences between the stated technical parameters and the actual state are permissible, Luxon limits the range up to 5%.
2. The documentation included with the Product does not imply the transfer of any Intellectual Properties from Luxon to the Buyer.
3. Any other documentation which are part of the proposal remain the property of Luxon, and have to be returned on demand, including all copies.
4. In case of technical documentation which has been prepared provided by Luxon, and shared with the Buyer. The Buyer is obligated to properly secure it from unauthorized access and is not allowed to share it with third Parties.
V. Prices
1. The prices provided in sales proposal and agreements, including Sales Agreements are given in PLN, unless otherwise specified.
2.Taxes or other types of financial civil laws, which are a part of the Sales Agreement, are covered by the Buyer in accordance with current regulations.
VI. Responsibility for unforeseen events
1. Luxon takes no responsibility towards the Buyer in case of events of omissions from its suppliers, which are essential in fulfilling the terms of the Sales Agreement. In such cases, Luxon is obligated to inform the Buyer regarding the rescheduling of the delivery of the products stated in the Sales Agreement. In such cases, the Buyer is allowed to cancel the order within 7 days, counting from the day in which the above-mentioned information has been provided.
2.Both Parties take no responsibility for delays or failure to perform the agreement in cases of, Force majeure events. If the event lasts longer than 14 days, Luxon reserves the right to cancel the order in the part which has not been fulfilled. In case of such events, Luxon is free of any responsibilities towards the Buyer, and the Buyer is not obligated to fulfill his financial responsibilities towards Luxon.
VII. Delivery costs and insurance of the subject of the contract
1. The subject of the Sales Agreement is delivered to the address provided by the Buyer.
2. The subject of the Sales Agreement is delivered to the Buyer via a Feight Forwarder, on behalf of Luxon or the Buyer, as stated in the terms of the Sales Agreement.
3.In case of deliveries within Poland, the subject of the Sales Agreement the shipments costs are covered by Luxon, only when both Parties agreed. In other cases the delivery fees are covered by the Buyer, according to the below datasheet:
| Order amount in PLN: | Transport cost in PLN: |
|---|---|
| 1.00 – 5000.00 | 40.00 |
| 5000,01-10000,00 | 100.00 |
| 10000,01-25000,00 | 200.00 |
| 25000,01-40000,00 | 300.00 |
| 40000,01-100000,00 | 400.00 |
| 100000,01-10000000,00 | 1000.00 |
| & gt; 10,000,000.00 | to be agreed by the parties 100.00 |
4. In the case of international shipments, the delivery fee is covered by Luxon, only when both Parties agreed to it. In other cases, the shipment fee is coved by the Buyer, according to the price estimation provided by the Freight Forwarder, and stated by Luxon to the Buyer.
5. Subject of the Sales Agreement is insured against the risks associated with transport. Insurance costs are covered by Luxon in the event that the subject of the Sales Agreement is provided by Luxon.
6. In the case, the subject of the Sales Agreement is being shipped via own Forwarder and on the cost of the Buyer, the Buyer is obligated to pickup the wares at the date and place indicated by Luxon. In the event of pickup delays, Luxon reserves the right to charge a fee of 0,5% of
the total order value gross, for each day of the delay within 8-14 days, after 16 days the fee is increased to 1% for each day of delay.
7. If the subject of the Sales Agreement is delivered via Freight Forwarder the Buyer is obligated to proof the shipment and determine if any damages during the transport have occurred and perform all actions necessary to determine the liability of the Freight Forwarder.
VIII. Delivery dates
1. The delivery date of the order is indicated each time by Luxon in the Sales Agreement.In the absence of such information, the order is processed by Luxon in the quickest possible date.
2. The contract terms beginning at the moment the official confirmation is provided by Luxon,
unless Luxon indicated another date.
3. Luxon makes every effort to ensure the quickest possible delivery dates.
4. In special events, the Buyer is allowed to perform quality or quantity changes of the order, however not later than within 7 days, from receiving the order confirmation from Luxon. In such cases, the Buyer has to notify Luxon as stated in the terms of the Sales Agreement. If the changes in the order are possible on a technical basis, Luxon will provide a new delivery date and indicate any price changes. The changes are binding only when the Buyer accepts the additional charges.
5. The delivery dates can be changed if Force majeure events occur.
6. In the event the Buyer does not accept the delivery from the Freight Forwarder, Luxon is
entitled to ship the subject of the Sales Agreement once more, however only at the cost and
risks of the Buyer, as stated in Paragraph 7.
7. In the event the Buyer refused the delivery of the wares, despite the compliance with the Sales Agreement, Luxon reserves the right to withdraw from the Sales Agreement and charge the Buyer with penalty fees corresponding the value of the subject of the Sales Agreement and the delivery costs.
IX. Payments
1. The invoice issued by Luxon, includes the value of the subject of the Sales Agreement, increased by the amount of tax calculated on the basis of current law regulations, as well as possible delivery charges. VAT invoices can be issued without the signature of the Buyer.
2. The payment deadline is stated in the Sales Agreement. The transfer should be performed to the account provided on the sales document.
3. Luxon is allowed to indicate the payment terms, in which a full or partial prepayment is required.
4. In the event of overdue payments towards Luxon, Luxon reserves the right to suspend the execution of the order.
5. The payment date is the day on which the transfer has been credited on Luxon’s bank account.
X. Warranty
The warranty terms are stated in the Warranty Terms documents.
XI. Violations
1. In an event of a violation by the Buyer of any of the terms stated in the Sales Agreement, including GTCS, Luxon is entitled to cancel the agreement with immediate effect or withdrawal from it. The statement has to be provided in writing.
2. Simultaneously, in the event of violation of any of the terms of the Sales Agreement, Luxon is entitled to claim compensation from the Buyer or a third party.
XII. Confidentiality
All technical, commercial or financial information provided by Luxon and shared with the Buyer are confidential. The Buyer is forbidden to share such information with third parties.
XIII. Final provisions
1. Should a competent court rule that the provisions of these GTCS are invalid or ineffective, the effectiveness of the remaining provisions remains undisturbed by this.
2. To the extent not covered in the Sales Agreement and the GTCS, the relevant provisions of the Polish law apply. Soweit nicht im Kaufvertrag und in der AGB gereg
