GENERAL CONDITIONS OF SALE HENMAR CABINS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA

§1. GENERAL PROVISIONS

1.These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") shall define the rights
and obligations of the parties to contracts of sale and delivery of goods and services concluded with the
Seller.
2. The GTCS constitute an integral part of sales agreements concluded by the Seller.
3. The GTCS shall apply if the other party to the contract (hereinafter the "Buyer") is an entrepreneur within
the meaning of the Polish Civil Code.
4. The GTCS exclude the application of other contract templates (general terms and conditions of contract,
terms and conditions of sale, specimens of contract, rules and regulations, etc.) applied or established
by the Purchaser.
5. Contractual provisions, individually agreed and confirmed in writing, have priority over the provisions of
these GTCS to the extent to which they contain provisions different from these GTCS.
6. These GTCS are published on the Seller's website: www.henmar.pl.

§2. DEFINITIONS

The terms used in these General Terms of Sale shall mean:
 Buyer - the legal entity or natural person indicated in the offer, order, order confirmation, invoice or
contract as the Buyer,
 Seller - HENMAR CABINS Spółka z ograniczoną odpowiedzialnością Sp. K. with its registered office at
ul.Przemysłowa 5, 63-720 Koźmin Wielkopolski. The Seller has been assigned the NIP tax identification
number: 6211003470,
 Offer - a written declaration by the Seller that constitutes an offer within the meaning of the Polish Civil
Code,
 Order - the Purchaser's written notification of acceptance of the offer or another written declaration of
intent to purchase.
 Order confirmation - a written statement by the Seller confirming the terms of the concluded agreement.
 Contract - the sales contract as well as the framework contract concluded with Henmar Cabins Spółka z
ograniczoną odpowiedzialnością Sp. k. together with the General Terms and Conditions of Sale of
Henmar Cabins Spółka z ograniczoną odpowiedzialnością Sp. K. (GTCS).

§3. CONCLUSION OF THE CONTRACT

1. The information about the goods and services sold by the Seller (hereinafter referred to as "Products")
presented in catalogues, folders, brochures, etc., as well as posted on the Seller's website are only of an
advertising nature and do not constitute an offer within the meaning of the Polish Civil Code.
2. Any assurances, guarantees, promises and amendments to the sales contract made orally by the
Seller's employees in connection with the conclusion of the sales contract or submission of an offer shall
not be binding on the Seller.
3. The Purchaser may submit orders in writing, also electronically.
4. The Seller shall submit an offer to the Purchaser in writing (by e-mail or letter).
5. The contract between the Seller and the Buyer shall be concluded upon receipt of an order by the Seller,
which does not differ in any way from the offer received by the Buyer with regard to the material terms
and conditions of the contract.
6. In the event of a discrepancy between the order submitted by the Purchaser and the Seller's offer, the
order confirmation, which is issued and sent to the Purchaser by the Seller, shall be binding, unless the
Purchaser cancels the order, in writing or electronically (by e-mail), immediately but no later than within
24 hours of receipt of a written order confirmation by the Seller.
7. The Buyer's order should contain the following details:
 Buyer's name - with indication of the exact address and contact person including telephone
number
 Tax identification number,
 Designation of the indicated Product with a trade name or alphanumeric symbol from the offer,
 Quantity ordered,
 Expected completion date, place and conditions of delivery/collection of the Product.
8. If the order refers to a previously submitted offer, it is necessary to include the number of this offer on
the order. If the offer number is not mentioned, the Seller shall not be liable for any discrepancies
between the offer and the completed order.
9. The cancellation of an order by the Purchaser is only possible in exceptional situations after prior written
agreement with the Seller. The Seller reserves the right to charge the Buyer with the actual costs
incurred up to the moment of cancellation - not more than the value of the order.

§4. PRICE

1. The price for the Product being the subject of the sales contract shall each time be specified in the offer
or sales contract.
2. The Buyer shall be obliged to pay the price within the time limit resulting from the VAT invoice issued by
the Seller
3. Term and form of payment shall be agreed individually for each Buyer.
4. Payment of the price shall be made in the form of transfer to the bank account specified by the Seller in
the VAT invoice or in any other form agreed in the offer or the sales contract.
5. Payment shall be deemed made when the funds are credited to the Seller's bank account.
6. The Seller reserves the right to unilaterally increase the price in the event that after the conclusion of the
agreement, there are premises of an objective nature justifying an increase in the price of the Product,
over which the Seller had no influence, such as changes in tax rates on goods and services, customs
duties, etc. The Seller shall be entitled to increase the price of the Product.
7. The prices quoted by the Seller are net prices and shall be increased by the applicable value added tax
in the amount and as required by applicable law.
8. The prices quoted by the Seller do not take into account any customs duties or other financial burdens
imposed on the Products according to the law applicable to the seat of the Buyer.
9. Failure to pay the amounts due within the time limit specified on the invoice shall entitle the Seller to
discontinue the delivery of Products and suspend the execution of orders already accepted. The Seller
may make the execution of a new order placed by a Buyer who is in arrears with payments or pays
invoices in arrears subject to an advance payment towards the Buyer's new order.
10. In the event of delay in payment of the price, the Seller shall be entitled to interest for delay in
commercial transactions, even if the Seller has not suffered any damage and even if the delay was
caused by circumstances for which the Purchaser is not responsible. The obligation to pay interest shall
not exclude the claim for compensation for damage under general rules.
11. Filing a complaint does not release the Buyer from the obligation to make payment for the Products
within the agreed time limit

§5. DELIVERY AND TRANSPORT OF THE PRODUCTS

1. Delivery of the Products shall be made within the period specified in the offer or order confirmation.
2. The delivery date may be changed in the event of: a) withholding of delivery for reasons attributable to
the Purchaser; b) delay of the Purchaser in payment of the price; c) the Purchaser not providing the
Seller with the information necessary to execute the delivery; d) force majeure. In such a case, the
delivery date shall be extended by the period of occurrence of such circumstances, taking into account
the time necessary for the Seller to resume delivery.
3. The cost and risk of transporting the Products shall be determined by the Incoterms 2020.
4. The Buyer is obliged to check the conformity of the delivered goods with the order immediately after
receiving the Product. He is obliged to check in particular: the condition of the shipment, as well as the
quality, quantity and assortment of the delivered goods, and immediately (i.e. within 3 working days at
the latest) report any reservations in this respect to the carrier and the Seller, drawing up a protocol of
discrepancies. The Seller reserves the right to inspect the reported damage at the place of delivery.
5. If the Buyer extends the agreed delivery date or in the case of non-acceptance of the Products, the
Seller has the right to charge the Buyer with transport and storage costs according to the applicable
rates for each day of storage.
6. If the Buyer delays the collection of the Product from the Seller's warehouse by more than 7 (say: seven)
calendar days or has not collected the Product in another agreed place within the agreed time limit, the
Seller shall call the Buyer to collect the Product within 7 (say: seven) days from the date of receipt of the
call.
7. After ineffective expiry of the additional period described in para. 7, the Seller shall be entitled to put the
Product into storage or to store the goods in his own warehouse at the expense and risk of the Buyer for
no longer than 90 calendar days.
8. The cost of the charge for uncontracted storage of unclaimed Product for each day of storage - in
accordance with the applicable rates

§6. FORCE MAJEURE

The Seller shall not be liable in the event of non-performance of his obligations under the contract if this was
caused by reasons beyond his control, which could not have been foreseen at the time the contract was
concluded and which could not have been avoided (force majeure).

§7. CONTRACTUAL PENALTIES

The Purchaser shall be obliged to pay the Seller a contractual penalty for withdrawal from the agreement for
reasons beyond the Seller's control, within the time limit stipulated in paragraph 4 item 3, in the amount of 20% of
the order value increased by the value added tax due. Payment of the contractual penalty shall not relieve the
Purchaser from charging the actual costs which arose until the withdrawal from the agreement for reasons
beyond the Seller's control

§8. LIABILITY

1.  The Seller shall be liable for non-performance or improper performance of the agreement, but such
liability shall be limited to damage of a real nature, excluding lost profits. The Seller shall also not be
liable for any damage resulting from improper selection of the Products, their improper use or use
contrary to their intended use or operating and maintenance instructions, as well as any damage the
occurrence or extent of which has been affected by the condition and properties of the infrastructure
within which the Products are to be used, including in particular those elements with which the Products
are to be connected.
2. In any event, the Seller's liability for any damage not covered by the exclusion shall be limited to the
Buyer's actual loss, in an amount not exceeding 100% of the net contractual remuneration.
3. If the parties have agreed in writing on the delivery of Products or materials that do not meet Polish
Standards or other technical or safety standards, the Seller shall not be liable for the resulting damage
4. The Buyer is responsible for the applicability and effects of using the Products delivered by the Seller in
specific construction solutions of the Buyer, even if the Seller was involved as an advisor or consultant in
preparing the construction and final product of the Buyer.
5. The Seller shall not be liable to the Buyer for defects of goods made by the Buyer with the use of
Products supplied by the Seller.

§9. WARRANTY

The terms and conditions of the warranty are set out in the General Terms and Conditions of Warranty (GTCWs),
which are an integral part of the Seller's sales contracts

§10. WARRANTY

The Seller's liability under warranty for physical and legal defects of the Product shall be excluded.

§11. ASSIGNMENT

Assignment of receivables to which the Purchaser is entitled against the Seller shall be admissible only with the
prior written consent of the Seller.

§12. FINAL PROVISIONS

1. The law applicable to these GTCS shall be the law of Poland.
2. The court competent to settle disputes arising in connection with the application of these GTCS shall be
the court competent for the registered office of the Seller.
3. The invalidity or invalidity of some of the provisions of these GTCS shall not affect the validity or
effectiveness of the remaining provisions.
4. The Seller shall have the right to store and process personal data of the Purchaser for the purposes
related to the implementation of the sales agreement.
5. Any amendments to these GTCS shall be in writing under pain of invalidity.
6. In the event that these GTCS have also been formulated in a language other than Polish, in the event of
a dispute, GTCS in Polish will be applicable.
7. By accepting these GTCS, the Purchaser agrees to the processing of his/her personal data by the Seller
and entities acting on his/her behalf in the country and abroad, in connection with the implementation of
sales agreements on the Products offered by the Seller.
8. The Purchaser may not, without the consent of the Seller, transfer the knowledge and information
obtained as a result of commercial contacts with the Seller to third parties in matters covered by trade
secrets.
9. The Purchaser shall not, during the term of the agreement and after its termination, disseminate,
disclose or use also such information which does not constitute a trade secret of the Seller, but the dissemination, disclosure or use of which could in any way harm the reputation or otherwise cause
damage to the Seller.
10. These GTCS shall enter into force on 01.01.2024.