General Terms and Conditions of Sale Mipromet Sp. z o.o. No. 2025 V-1
§ 1. General information
1. The General Terms and Conditions of Sale define the rules for concluding contracts for the sale of goods or services offered exclusively to business entities (entrepreneurs) by MIPROMET Sp. z o.o. with its registered office in 32-091 Masłomiąca, 63 Długa Street, entered into the National Court Register under No. 0000391888 by the District Court for Kraków - Śródmieście, XI Commercial Division, NIP 513-022-66-10, share capital: PLN 50000.00. These general terms and conditions also apply to all persons or companies involved in the execution of the order (for the Client).
2. The General Terms and Conditions of Sale, hereinafter also referred to as "GTCS", constitute an integral part of all contracts for the sale of goods and performance of services concluded by Mipromet Sp. z o.o. with other entrepreneurs and thus apply only in commercial relations with other entrepreneurs. The Purchaser/Client within the meaning of these GTCS shall be understood as a business entity (entrepreneur).
3. The GTCS are communicated and accepted by the Purchaser as an appendix to the partnership agreements or at the latest when placing an order. Failure to deliver the GTCS by Mipromet Sp. z o.o. (General Terms and Conditions of Sale) does not exempt from the obligation to comply with them, as they have been published and made available to the public on the website http://www.mipromet.eu the Buyer has been informed about the above fact at every stage of business contacts by receiving a link to these GTCS, in particular at the stage of submitting an offer proposal.
4. At the Purchaser's request, these GTCS may be delivered in electronic (PDF) or paper form. Failure to submit such a request means that the Buyer has considered the form of making it available through the website to be sufficient.
5. If the Purchaser is in permanent business relations with Mipromet Sp. z o.o., the acceptance of these GTCS by the Purchaser for one order shall be considered as their acceptance for all other orders and sales agreements.
6. Any deviation from the provisions of the General Terms and Conditions of Sale must be documented in writing.
7. In the event that written agreements between the parties conflict with the provisions of this agreement, the terms and conditions expressly agreed in writing shall prevail.
8. The application of any general or other conditions specified by the Client is absolutely rejected, unless it is expressly accepted in writing by Mipromet Sp. z o.o.
9. The invalidity or invalidity of one or more provisions of these terms and conditions shall not affect the validity of the remaining provisions. Any unaffected provisions of the Terms and Conditions shall continue to apply in full.
10. The parties shall consult each other with a view to establishing a new provision to replace any invalid or invalid provision as closely as possible consistent with the intent and purpose of the original provision.
11. By concluding the contract, the Buyer accepts the General Terms and Conditions of Sale and at the same time agrees to include their content in the content of the concluded contracts.
§ 2. Agreements
1. All information, proposals and presented offers are for information purposes only and do not constitute a commercial offer within the meaning of the provisions of the Civil Code. The content should be treated as an invitation to negotiate or conclude a contract, and its purpose is only to present the general terms and conditions of sale.
2. The contract is concluded at the moment of written confirmation of the offer or at the moment of actual performance of the offer. The basis for concluding the contract is the orders placed by the Buyer.
3. Cancellation of the order may take place only in specific cases and depending on the group of ordered goods it is as follows:
a) For the group of goods covered by the warehouse program and for products requiring a short production process (e.g. slings: wire rope, chain, webbing) and for products such as: ropes, chains, covers; whose production or corresponding adaptation begins immediately after the order is placed cannot be cancelled more than 1 hour after the order has been placed. After this time, due to the specificity of production processes, it will not be possible to cancel the order and it is considered accepted for processing.
b) For other product groups, the time to cancel the order is 4 hours from the moment it is placed. Cancellation of the order after the above time will not be possible and the order is considered accepted for implementation.
4. Mipromet Sp. z o.o. has the right to inform the Client about the refusal to conclude the agreement within 48 hours from the moment of placing the order.
5. Offers, advertisements and other announcements about the goods offered by Mipromet Sp. z o.o. are for information purposes only. Information materials issued by Mipromet Sp. z o.o. are only for illustrative and exhibition purposes. Photos, catalogues, drawings and specifications of dimensions and weight provided by Mipromet Sp. z o.o. serve as a general presentation of the offered products and are not legally binding.
6. Modifications of the structure, causing slight deviations in the actual performance parameters in comparison with the provided photos, catalogues, drawings, measurements and weights, without significant changes in the technical or aesthetic parameters of the elements, do not oblige Mipromet Sp. z o.o. to provide compensation. In addition, such modifications do not entitle the Client to refuse to accept or pay for the delivered goods.
7. Due to the high requirements for non-standard product designs, which are subject to the need to obtain very detailed information needed to implement the appropriate design parameters and the subsequent production process - Mipromet Sp. z o.o. reserves the right to ask for the following information in order to ensure efficient execution of the order:
A. Upon request, Mipromet Sp. z o.o. provide an STP file of the object to be lifted by means of the manufactured product (e.g. clamp / gripper);
B. In the event that the file is not delivered despite the Buyer's request to do so, the offer will be adjusted by the time needed to draw the item / load being processed.
C. In the above situation, Mipromet Sp. z o.o. reserves the right to charge the Buyer with the costs for the need to reflect the lifted object/load.
8. On request, Mipromet Sp. z o.o. provide material for functional tests (if applicable):
A. In the event that the object / load to be lifted is not provided for testing, it is possible to send the manufactured product (e.g. clamp / gripper) without first performing functional tests.
B. In such a situation, the certificate for the above-mentioned product will be issued only after the following conditions are met:
- The Buyer will provide confirmation of the correct operation of the product
- The Buyer will provide Mipromet Sp. z o.o. with a positive assessment of the operation along with the necessary documentation in the form of photos and a video of the tests performed.
C. Conducting tests is then the sole responsibility of the Buyer.
D. Mipromet Sp. z o.o. does not bear any costs related to testing the product after its delivery, and any complaint claims submitted by the Buyer will be rejected in full.
E. Mipromet Sp. z o.o. is not responsible for situations that are not the result of its actions.
9. In the event that the performance of the order is delayed for a period exceeding 6 months due to reasons attributable to the Buyer, Mipromet Sp. z o.o. reserves the right to automatically update the terms of the order, including in particular the prices and delivery dates. The Buyer shall be informed of such update.
§ 3. Price
1. The prices specified in the price lists sent to contractors are binding until the end of the calendar year or written notification by Mipromet Sp. z o.o. of their change.
2. The prices specified in the price lists are expressed in EURO in net values and the applicable VAT rate is calculated automatically on the sales documents in accordance with the regulations applicable to a specific sales transaction and place of delivery.
3. Unless expressly stated otherwise, the agreed price does not include the costs of delivery of the finished product from the warehouse of Mipromet Sp. z o.o. to the place indicated by the Client.
4. In the event of price increases (including the prices of: materials, auxiliary materials, raw materials, wages, social security contributions, government fees, freight or insurance contributions), Mipromet Sp. z o.o. reserves the right to adjust the agreed price accordingly.
5. In the event that there is a change in the exchange rate between another currency and the euro currency between the acceptance of the order and the final payment of all liabilities towards Mipromet Sp. z o.o. under this order or if during this period there is a change in the exchange rate, customs duties and taxes due for these goods, Mipromet Sp. z o.o. reserves the right to adjust the price accordingly in order to ensure that that such changes would not affect its financial situation.
6. If, at the design stage, a device that was ordered on the basis of previously established guidelines and parameters, and its final version of the design differs from the initial assumptions, Mipromet Sp. z o.o. reserves the right to adjust the agreed price accordingly.
§ 4. Payment terms
1. Payment is made to the bank account indicated by Mipromet Sp. z o.o. or in the case of agreements concluded directly at the company's registered office in cash or by payment card.
2. Payment for the received goods should be made without deductions immediately after the invoice is issued or according to the agreed payment terms. In each case, this deadline is specified in days and is counted from the date of issue of the invoice.
3. Mipromet Sp. z o.o. is entitled to demand full or partial payment when concluding the agreement.
4. In the case of concluding the contract directly at the registered office of Mipromet Sp. z o.o., Mipromet reserves the right to collect a deposit in the amount of 10% of the value of the ordered goods, in particular when the goods must undergo the production process and do not belong to the group of goods covered by the warehouse program.
5. The Buyer becomes the owner of the goods at the moment of full payment for the goods, within the deadlines specified by Mipromet Sp. z o.o. (reservation of ownership of the sold item - Article 589 of the Civil Code). If the Buyer does not make the payment within the specified period, then Mipromet Sp. z o.o. has the right to demand the return of the unpaid goods from the Buyer.
6. Mipromet Sp. z o.o. may also demand compensation if the goods have been used or damaged, in particular if the value of the goods collected from the Buyer's warehouse is lower than the amount of payment that the Buyer should pay for the received goods.
7. Set-off or invoking any right to suspend payment is not allowed, unless otherwise agreed and such arrangements are in writing.
8. In the event of late payment, Mipromet Sp. z o.o. is entitled, without additional requests, to demand interest for delay in the amount of three percentage points above the level of statutory interest applicable on the invoice payment date (on an annual basis).
9. Interest for late payment is calculated from the day following the day on which the payment deadline expired.
10. In the event of late payment, Mipromet Sp. z o.o. is entitled to claim, in addition to the principal and interest for delay, as well as reimbursement of court costs, enforcement costs and legal representation.
11. In addition, Mipromet Sp. z o.o. is entitled to claim reimbursement of costs related to the recovery of this receivables up to the amount not exceeding 10% of the sum of the receivables collected.
12. If the Buyer is in default with payments due on the basis of more than one invoice, Mipromet Sp. z o.o. has the right to credit the payment made by the Buyer under any invoice in the first place towards interest for delay, and then the receivables due at the earliest.
13. This provision waives the rights of the debtor referred to in Article 451 §1 of the Civil Code.
14. At the same time, Mipromet Sp. z o.o. reserves the right to set off (set-off) other receivables and liabilities, in accordance with the provisions of the Civil Code.
15. Submitting a complaint does not entitle the Buyer to withhold payment for the goods, in whole or in any part.
16. If the Client fails to make the payment, Mipromet Sp. z o.o. has the right to cease or suspend the shipment of all goods to be delivered or services to be provided to the Client, with immediate effect, without causing any liability for damages towards the Client in any way.
17. In the event of liquidation, bankruptcy or suspension of the Client's payments, his liabilities towards Mipromet Sp. z o.o. become immediately due.
18. Payments made by the Client will always serve as a settlement in the first place of all interest and costs due, and secondly of due invoices that have been overdue for a long time, even if the Client declares that the payment relates to a different document.
19. The Buyer undertakes to immediately notify Mipromet Sp. z o.o. in writing of any change of its registered office or place of residence and address for correspondence delivery.
20. Failure to notify shall result in deliveries made to the addresses indicated in the order or in the signed partnership agreements or other commercial agreements to be deemed effective.
21. For Clients who are in permanent cooperation with Mipromet Sp. z o.o., a credit limit of 30% of the annual turnover generated as part of this cooperation is granted.
22. In the event of exceeding the agreed credit limit, Mipromet Sp. z o.o. will block the possibility of making further shipments with a deferred payment date (by transfer) until the repayment of part or all of the arrears enabling the return to the agreed limit. Any deviation from the above rules requires individual arrangements and acceptance by Mipromet Sp. z o.o.
§ 5. Delivery conditions
1. Shipments are carried out in accordance with the procedures and instructions appropriate for a given transport company through which Mipromet Sp. z o.o. makes the delivery. The selection of the carrier and the terms of delivery are adapted to the specifics of the order and the INCOTERMS applicable to a given transaction.
2. The Buyer has the option to organize the transport on their own, and takes full responsibility for its proper performance, including the risk associated with the transport and possible delays or damage to the goods.
3. The order should be placed in writing, via e-mail or contact form.
4. Orders placed by phone transfer full responsibility for their correct performance to the Buyer.
5. In the above case, the Client is fully responsible for any errors resulting from incorrect information provided when placing a telephone order.
6. The order should in particular specify the exact name and address of the Buyer, assortment, quantity of ordered goods, date and place of delivery, form and date of payment agreed with Mipromet Sp. z o.o. and be placed by a person authorized to place orders on behalf of the Buyer.
7. Mipromet Sp. z o.o. reserves the right to ship the goods in the absence of indicating the place of delivery to the address to which the last shipment was addressed or to the address indicated on the invoice.
8. In such a situation, Mipromet Sp. z o.o. is not responsible for the incorrect delivery address and the costs related to the collection or redirection of the parcel remain on the Buyer's side.
9. Mipromet Sp. z o.o. reserves the right to extend the completion date by the time that the customer needed to send the acceptance of the designs/drawings received from Mipromet Sp. z o.o.
10. The deadline within which the Buyer is obliged to deliver to Mipromet Sp. z o.o. the acceptance of the received designs/drawings is 5 working days from the moment of their receipt.
11. This acceptance is one of the necessary factors influencing the start of the production process and the delivery date of the order.
12. The time of acceptance of received designs/drawings is not included in the completion date.
13. The waiting time for approval exceeding the standard period of 5 working days is associated with the need to set the deadline for the order on the production line again.
14. At the same time, Mipromet Sp. z o.o. reserves the right to reject any claims from the Buyer at the moment of accepting the received designs/drawings if the product was made according to the above-mentioned documents and the deviations do not exceed the accepted standards.
15. The costs of possible modernization, if it is possible to carry it out, remain on the sole side of the Buyer and are not a reason to complain about the product.
16. If payment is made in the form of prepayment, the order processing begins only at the moment of receipt of the first payment.
17. Mipromet Sp. z o.o. may accept the order in whole or in part.
18. If Mipromet Sp. z o.o. confirms the order, it provides the quantity and type of goods being the subject of sale, its price and value as well as the date of order completion.
19. Mipromet Sp. z o.o. is bound by the delivery date only if it confirms it.
20. The Buyer is obliged to collect the goods within the time agreed with Mipromet Sp. z o.o.
21. In the event of failure to collect the goods within the agreed time by the Buyer, Mipromet Sp. z o.o. reserves the right to charge a storage fee after 30 days from the agreed date of receipt of the goods in the amount of EUR 100 net /month or its multiple for each pallet space necessary to store the goods.
22. In the absence of confirmation of the date of receipt of the order, Mipromet Sp. z o.o. will make every effort to prepare the goods for its collection, taking into account the interests of the Buyer.
23. If the inability to perform the performance by Mipromet Sp. z o.o. occurred as a result of force majeure, the Buyer is not entitled to any claims for redress of damage resulting from non-performance, incomplete performance or untimely performance of the contract.
24. Mipromet Sp. z o.o. is obliged to immediately inform the Buyer about the events that caused full or partial inability or untimely performance of the contract.
25. Events referred to as force majeure include, m.in, disruptions in the functioning of the plant not attributable to Mipromet Sp. z o.o., restrictions caused by an order of the authorities, natural disaster, strikes, etc.
26. Transport of goods delivered to Mipromet Sp. z o.o., to be delivered or entrusted for processing or modernization, takes place at the sole expense and risk of the Client. This includes situations in which the carrier requests a statement on the waybills or otherwise stipulates that any losses during transit will be borne by Mipromet Sp. z o.o.
27. In the event of overdue payments, failure to pay interest for late payments, other overdue liabilities, or exceeding the credit limit granted to Mipromet Sp. z o.o. by the Buyer, the execution of subsequent orders may be suspended until the relevant payments are made or other liabilities are settled by the Buyer.
General Terms and Conditions of Delivery and Receipt of Goods Mipromet Sp. z o.o. No. 2025 V-1
§ 6. Shipping
1. The place of performance of the service by Mipromet Sp. z o.o., and therefore the place of delivery of the goods, is the place of unloading the goods indicated when placing the order.
2. This rule does not apply to the situation when the transport of goods does not take place by means of transport provided by Mipromet Sp. z o.o.
3. In such a case, the place of performance is the warehouse of Mipromet Sp. z o.o., which is not responsible for any damage caused during transport and unloading of goods.
4. Upon handing over the goods by Mipromet Sp. z o.o., the Buyer shall receive the benefits and burdens related to the and the danger of accidental loss or damage.
5. The customer collects the goods from the warehouse of Mipromet Sp. z o.o. and Mipromet Sp. z o.o. organizes and covers the costs of its Loading.
6. Mipromet Sp. z o.o., at the request of the Buyer, organizes transport for a separate fee. The buyer is obliged to pay for this transport on the basis of the received invoice.
7. Unloading must be carried out by the Buyer immediately and correctly.
8. Any costs for waiting for the unloading of the goods at the Client's will be settled additionally and remain on the Buyer's side.
9. The Buyer is obliged to check the parcel directly upon receipt in a careful manner.
10. The completeness of the shipment should be verified and any shortages or damage to the goods caused during transport should be determined.
11. The Buyer should request the carrier to make an annotation about the damage on the waybill or to draw up a damage report, otherwise he will lose his claims for damages against Mipromet Sp. z o.o., which as a result of failure to comply with the obligation referred to above loses the right to its claims against the forwarding company through which the delivery was made.
12. Return of incorrectly ordered goods is possible only for the group of goods covered by the warehouse program.
13. The Buyer sends back the goods without signs of use at their own expense, also returns the costs of shipping the goods, and pays the costs related to the handling of the order in the amount of 10% of the value of the returned goods.
§ 7. Installation and service of equipment
1. Mipromet Sp. z o.o. ensures the installation of the device purchased at its premises only in Polish, if it has been clearly specified in the contract or offer for the above-mentioned device.
§ 8. Complaints and warranty
1. Any complaints should be reported to Mipromet Sp. z o.o. immediately in writing. Mipromet Sp. z o.o. considers properly submitted complaints within 14 days from the date of its receipt.
2. In the case of quantity complaints, the complaint may be filed:
a. for complaints resulting from incorrect loading of goods – up to 24 hours from unloading the goods;
b. for complaints resulting from damage caused during transport – up to 12 hours from the unloading of the goods.
3. In the case of complaints about damage and quantity shortages caused in transport, it is necessary for the Buyer to place an annotation on the consignment note about the type of damage to the purchased goods (statement of lack or damage).
4. The note must be signed by the driver who made the delivery.
5. Failure to file a complaint within the above deadlines results in the loss of the right to complaint by the Buyer.
6. Unevenness of the paint coating resulting from uneven material structure is not considered a product defect.
7. In accordance with the PN-EN ISO 13920 standard, deviations in the dimensions of the manufactured products are allowed and depend on the adopted class of execution and the nominal dimension.
8. Tolerance of linear dimensions in welded structures in class C according to PN-EN ISO 13920.
9. Tolerance of angle dimensions in welded structures in class C according to PN-EN ISO 13920.
10. Quality of welded joints in class C according to PN-EN ISO 5817.
11. Deviations for other products result from the standard according to which they were made. These standards are made public, among others, on the website of https://mipromet.eu/
12. Slight dimensional differences within the limits of the standard do not constitute grounds for complaint. Complaints regarding deviations referred to in points 7 – 11 will not be taken into account.
13. The Client is obliged to take into account the dimensional tolerance when placing an order.
14. Mipromet Sp. z o.o. is not responsible for differences in the shade or gloss of the paint coating. These differences are not considered product defects. Discoloration of the paint coating at the edges of the treated material does not constitute a defect in the product.
15. In the case of painting complex elements, in hard-to-reach places such as nooks and corners, the coating may have deteriorated quality and properties. This deterioration is not considered a defect in the service.
16. Elements damaged mechanically, chemically or as a result of aggressive environment (e.g. acid rain, high sunlight) during use are not subject to warranty.
17. The foil and other materials in which the varnished material is packed are intended only for protection during transport and should be removed immediately after the end of transport.
18. Defects resulting from failure to remove protective foil and other materials and resulting from packaging and storage of varnished elements not covered by the warranty are not covered by the warranty.
19. Defects resulting from storage of varnished elements in a way other than in dry and ventilated rooms, excluding exposure to external weather conditions (e.g. UV radiation, temperature, gases, humidity, precipitation), unless the product is intended for outdoor use, are not covered by the warranty.
20. Mipromet Sp. z o.o. is not responsible for any damage caused during unloading of goods.
21. Mipromet Sp. z o.o. is not responsible for defects arising in the event of improper installation or application, execution and design errors of third parties; use of the goods by the Buyer, third parties or the final buyer contrary to its technical parameters and functional properties of the goods, the instructions for use received from Mipromet Sp. z o.o.; unauthorized changes in the goods by the Buyer or by the final buyer of the goods.
22. If the goods have been processed by the Buyer, the liability of Mipromet Sp. z o.o. for the defects of the goods automatically expires.
23. If the complaint is considered justified, Mipromet Sp. z o.o., in accordance with the content of the request submitted as part of the complaint or - in the absence of such a request - at its discretion, may replace the goods with goods free of defects, reduce the price of the complained goods, remove defects in the complained goods or award appropriate compensation referred to in Article 561. – [Replacement of items, removal of defects] – Civil Code.
24. Mipromet Sp. z o.o. and the Buyer may also agree on another way of handling the complaint.
25. Handling the complaint in the manner described above excludes the possibility of the Buyer demanding further compensation.
26. In the case of a warranty complaint, a complaint protocol with a description and photos should be provided, then the complained goods should be prepared to be handed over to the carrier or representative of Mipromet Sp. z o.o.
27. In the event of an unaccepted complaint, the Buyer covers the costs related to the transport of the goods and their possible repair.
28. Defective goods within the meaning of the warranty conditions are goods in respect of which the customer proves that they do not meet the reasonable requirements that can be imposed on him for the purpose of general use of the goods.
29. The warranty does not cover the elements of the device subject to natural wear and tear, in particular: chain, brake linings, control buttons in the ceiling cassette, contactors, protections in the hooks used, etc. The warranty also does not cover the setting of the overload clutch (if applicable).
30. The warranty is granted for a period of 24 months (with a guarantee of availability of spare parts for a minimum of 10 years) counted from the date of issuing the invoice.
31. Any warranty repairs do not affect the extension of the warranty period.
32. Due to the fact that Mipromet Sp. z o.o. provides a guarantee, the warranty is completely excluded.
33. The owner of the device is obliged to strictly comply with the following conditions throughout the warranty period, otherwise the warranty rights will be lost.
34. From the moment of delivery to the moment of assembly, the equipment will be safely stored and protected against damage, in particular against weather conditions, high temperatures, mechanical damage, chemicals, etc.
35. The equipment should be installed and operated in accordance with the technical and operational conditions contained in the "Operating Manual".
36. The device should be used in accordance with its intended purpose. Serviced and maintained in accordance with the conditions of technical inspection and the manufacturer's instructions.
37. A failure or defect should be reported in writing to the following e-mail address: export@mipromet.eu
38. The report should include a description of the situation (failure/defect) along with a sample video or photo. The application should be accompanied by a maintenance inspection card of the device.
39. Mipromet Sp. z o.o. is obliged to ensure that the defect is removed within the mutually agreed time from the notification.
40. The deadline may be extended only in justified cases of unavailability of spare parts from the manufacturer, upon immediate notification of the owner of the device.
41. Reporting a defect is considered effective at the moment of confirmation of its receipt by the guarantor.
42. The form of the warranty service is determined each time after receiving a formal notification.
43. The choice between repairing the defective element(s) and replacing it with a defect-free component is entirely up to the guarantor. Replacement of the entire device is excluded.
44. In cases where the service has reasonable doubts as to the recognition of the repair as a warranty repair at the user's request, a spare part may be provided for a fee. In such a case, Mipromet Sp. z o.o. will issue a VAT invoice for the delivered part and service with a payment term of 30 days.
45. During this period, the part (component) will be sent to the manufacturer's laboratory for diagnosis. If the repair is recognized by the manufacturer as a warranty repair, a document correcting the above-mentioned VAT invoice will be issued.
46. If the repair is not considered a warranty repair, the VAT invoice described above becomes due within the time limit specified on the document provided.
47. The manufacturer's decision to accept or not to accept the warranty is final and will be communicated to the owner of the appliance immediately.
48. Unauthorized repair or attempt to repair by the Customer, making changes, modernization, modification of parameters, etc., as well as the use of non-original spare parts will result in the loss of warranty rights for the entire device.
49. In the event of delay in payment to the guarantor, Mipromet Sp. z o.o. is entitled to suspend the performance of the obligations described in these Terms and Conditions until the payment is settled.
50. The risk of expiration of the warranty period in such a case remains with the owner of the device.
51. In the event of transfer of ownership of the device during the warranty period to a third party, Mipromet Sp. z o.o. may demand written confirmation (documentation) of such a fact.
52. In matters not covered by this Guarantee Card, the provisions of the Civil Code shall apply.
53. Mipromet Sp. z o.o. is not responsible for profits and benefits lost by the Buyer as a result of filing a complaint, as well as as as a result of non-performance or improper performance of contracts by the Buyers in relation to their contractors.
54. The liability of Mipromet Sp. z o.o. under the warranty covers only defects arising from reasons inherent in the subject matter of the contract.
55. Mipromet Sp. z o.o. is liable for complaints up to the net value of the service provided or goods covered by the complaint.
56. The warranty for the device is valid at the registered office of Mipromet Sp. z o.o.
57. In special cases, it is possible to provide a warranty service at the place of installation of the device.
58. If the installation was performed by a company other than Mipromet Sp. z o.o., there is a risk of losing the rights to the warranty. In such a case, all costs related to travel and the work performed remain on the sole side of the applicant.
§ 9. Breach of contract and termination
1. If the customer violates the agreement with Mipromet Sp. z o.o. in any way, he will be considered in default without the need for formal notification.
2. Regardless of the provisions of the Civil Code, in the event of a breach of the agreement, Mipromet Sp. z o.o. has the right to suspend the agreement, consider it partially or completely terminated without the involvement of the courts or demand its performance, at its own discretion.
3. Mipromet Sp. z o.o. retains the rights referred to in paragraph 2 if the client is put into liquidation, files a bankruptcy petition or receives a suspension of payments, his real estate is seized, ceases to operate, is taken over by a third party or intends to move abroad.
4. In all such cases, all outstanding claims of Mipromet Sp. z o.o. against the Client become immediately due.
§ 10. Personal data protection and electronic commercial information
1. The Controller processes the personal data of the Buyers/Clients in accordance with the applicable law, including in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
2. Detailed information on the principles of personal data processing, purposes, legal bases, data storage period, rights of data subjects and other relevant information is included in the Privacy Policy, available on our website at: [https://mipromet.eu/content/privacy-policy].
3. By accepting these General Terms and Conditions of Sale, the Buyer/Client confirms that they have read the content of the Privacy Policy.
4. The Purchaser agrees to the processing of personal data provided voluntarily by Mipromet Sp. z o.o. or entities acting on its behalf in connection with the performance of contracts for the sale of goods/services offered by Mipromet Sp. z o.o. and for marketing purposes related to the business activity conducted by Mipromet Sp. z o.o. by accepting these GTCS.
5. The Buyer has all rights resulting from the Act of 29 August 1997 on the protection of personal data (consolidated text – Journal of Laws of 2014, item 1182 as amended), in particular he has the right to inspect his own data.
6. In accordance with the provisions of the Act of 18 July 2002 on the provision of electronic services (consolidated text – Journal of Laws of 2013, item 1422, as amended), the Buyer agrees to receive messages and information of a commercial nature by Mipromet Sp. z o.o. (or by another entity acting on behalf of Mipromet Sp. z o.o.) by electronic means to the e-mail address provided by the Buyer, on the terms set out in the provisions of this Act.
§ 11. Trade secret
1. The Buyer undertakes that without prior consent of Mipromet Sp. z o.o., he will not transfer, share or use any information regarding knowledge, offers, price lists, promotional price lists, drawings, designs and other data obtained as a result of business contacts or in connection with the transaction.
2. All this information is treated as confidential and constitutes a trade secret of Mipromet Sp. z o.o.
§ 12. Final provisions
1. The General Terms and Conditions of Sale are effective from 28.05.2025 until their express cancellation.
2. Any amendments to the Agreement must be made in writing under pain of nullity.
3. In matters not covered by these GTCS, the provisions of the Civil Code shall apply.
4. In the event of invalidity of some provisions of these GTCS as a result of the introduction of different statutory regulations, the remaining provisions shall not lose their validity.
5. Mipromet Sp. z o.o. and the Buyer will strive to amicably settle any disputes arising in connection with the performance of the agreements covered by these terms and conditions.
6. In the event of inability to settle the matter amicably, the competent court for the place of registered office of Mipromet Sp. z o.o. will be competent to settle the dispute.