General Trade Conditions

General Trade Conditions of AMZ-KUTNO S.A.

The following conditions of sale refer to all sale activities of AMZ-Kutno S.A. (herein called “Seller”)
Our GTC apply directly and exclusively regardless the form of it, which can be a written agreement, acceptance of the offer in any form, placement of the purchase order by email, fax or any type of written message.
The GTC might be subject to modifications or exclusions on the basis of mutual agreement provided they are in writing
Individual agreements in writing shall prevail over these GTC
AMZ GTC exclude all other purchase conditions and / or customer conditions, even if they are included in the purchase document.

Offers prepared by AMZ constitute a request for the client to place an order and have informative purposes only, unless specified otherwise. The offers from AMZ S.A. are non-binding and might be revoked at any time until accepted by AMZ in the form of the order acknowledgement and since then they become binding.
All offers and quotations expire after 4 calendar weeks, unless within the time of 4 weeks they have been confirmed by AMZ.
Orders placed by clients will be confirmed by AMZ within 7 days, unless something else has been agreed in writing
The order acknowledgement describes goods or services and binding execution or delivery date

All documents received by the Customer in connection with the offer are confidential. AMZ-Kutno Inc. reserves all rights to these documents.
The Customer shall not disclose to third parties the content of the offers, designs and similar documents without written authorization of AMZ-Kutno

AMZ-Kutno reserves the right to make changes in terms of design, material and design, unless this affects the usability of the service for the intended purpose. Unless otherwise specified in the order acknowledgement products and services will be delivered in the present standard and technology available in AMZ.

All agreed lead times/ production dates shall apply providing the order has been placed min. 4 weeks before the scheduled start of adaptation process

Any free-issue items which are in client’s scope of delivery must be delivered to AMZ minimum 2 weeks before the scheduled production start

Any modifications or alternations made by the client after order placement are considered individually and might be subject to surcharges and may affect completion or delivery date.

All parts/ items which will remain in AMZ’s warehouse as a result of changes/ alternations/ modifications made upon client’s request against the original order shall be billed to the client

Unless otherwise stated, all prices presented in the offers and price-lists are ex works AMZ factory.

AMZ Kutno reserves the right to change the agreed prices unilaterally if and insofar as cost of products and services, which are necessary to carry out the order has changed upon concluding the contract or the order The client shall be be informed promptly. A change in price is not allowed if a fixed price has been expressly agreed upon.
If the agreed payment date is not met by the client, AMZ is entitled to charge interest for delay up to the maximum allowed by law.
Until the goods are paid in full the ownership stays with AMZ.

AMZ is obliged to deliver the product or service in the time indicated in the order acknowledgement.

If the confirmed order is changed/ modified or amended by the client the agreed completion date or delivery date is subject to renewal and new date will be confirmed to the client

Completion/ delivery date is found to be met when the products or services are concluded in the time specified in the order acknowledgement or any other written form.

Any delay caused by force majeure or by acts or omissions of the Buyer, shall not be considered as a delay for which the Seller is responsible. The force majeure includes, but is not only limited to: natural disasters or storms, strikes, lockouts, absence of skilled personnel, failure or delays in supplies. Should force majeure take place the client is not entitled to any claim or compensation.

The client shall accept/ collect the ordered goods within 7 calendar days from the of written notification
In the even of non-collection AMZ may impose handling fee
The acceptance and/or handover of the ordered goods shall take place in AMZ’s premises by the client or authorized person and/or organization unless the parties have agreed in writing otherwise
Upon acceptance/ handover risk is transferred to the client
If a different handover procedure is agreed between the parties, the risk is assessed on the basis of Incoterms 2010

Warranty conditions apply provided they were part of the offer.
The warranty is granted on the terms described in the AMZ Warranty Card, which is issued to the customer together with the goods.

The liability of AMZ under all titles is limited to maximum value of the order
AMZ-Kutno Inc. shall not be liable in any way for non-performance of order in the event of circumstances beyond its control (e.g. in the event of a fire, natural disasters, martial law, war) and reserves the right, within the limits of permissible by law, to modify or back out of the contract in the event of the existence of any facts which would indicate a change in the conditions of sale.
The liability of the Seller applies only to the actual damage, and does not include the benefits lost by the Buyer.

It is agreed that any complaints or objections do not entitle the Customer to suspend or to delay payment for the Products or services
All complaints should be sent to: serwis@amz.pl

Any disputes arising in connection with the order or interpretation of these General Sales Conditions shall be settled by the Polish court competent for the Seller’s registered office.

These GTC are subject to Polish law, excluding the provisions of the Vienna Convention