OWS

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

§1. GENERAL PROVISIONS

1. These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") set out the rights and obligations of the contracting parties.
sale and delivery of goods and services, concluded with the Seller.
The GTCS form an integral part of sales contracts concluded by the Seller.
3. the GTCS shall apply if the other party to the contract (hereinafter: the "Buyer") is an entrepreneur in the
within the meaning of the Civil Code.
4. the GTCs exclude the use of other contract templates (general terms and conditions, terms and conditions of the
sales, model contracts, rules and regulations, etc.) used or determined by the Buyer.
5. contractual provisions, individually agreed and confirmed in writing, have
prevail over the provisions of these GTS to the extent that they contain
regulations other than these GTS.
6. These GTCS are published on the Seller's website: www.henmar.pl.

§2 DEFINITIONS

The following terms are used in these General Terms of Sale:
-Buyer - the legal or natural person indicated in the offer, order, confirmation
order, invoice or contract as the Buyer,
-Seller - HENMAR CABINS Spółka z ograniczoną odpowiedzialnością Sp. K. with its registered seat
at ul. Przemysłowa 5, 63-720 Koźmin Wielkopolski. The seller has been assigned the number
NIP tax identification: 6211003470,
-Offer - a written declaration by the Seller constituting an offer within the meaning of the provisions of the
Civil Code,
-Procurement - written notification to the buyer of acceptance of the offer or other written communication
a declaration of intent to purchase.
-Confirmation of order - a written declaration from the seller confirming the conditions
concluded contract.
-Contract - the sales contract as well as the framework agreement concluded with Henmar Cabins
Spółka z ograniczoną odpowiedzialnością Sp. k. together with the General Terms of Sale
HENMAR CABINS Spółka z ograniczoną odpowiedzialnością Sp. K. (OWS)

§3. CONCLUSION OF THE AGREEMENT

Information on goods and services sold by the Seller (hereinafter: "Products")
presented in catalogues, folders, brochures, etc., as well as posted on the
of the Seller's website are only of an advertising nature and do not constitute an offer within the meaning of the
provisions of the Civil Code.
2 Any assurances, warranties, promises or amendments to the sales contract made
orally by the Seller's employees in connection with the conclusion of a sales contract or
submission of an offer does not bind the seller.
(3) The buyer may place orders in writing, also electronically.
(4) The seller shall submit an offer to the buyer in writing (by e-mail or letter).
5. The contract between the Seller and the Buyer is concluded upon receipt of the order.
by the Seller, which, with regard to the material terms of the contract, does not deviate in any
degree from the offer received by the buyer.
In the event of a discrepancy between the order placed by the purchaser and the offer
The seller is bound by the order confirmation which is issued and sent to the
to the Buyer by the Seller, unless the Buyer cancels the order in writing or
electronically (by e-mail), without delay, but no later than 24 hours after receipt of the
written confirmation of the order by the Seller.
7 The buyer's order should contain the following data:
 -Purchaser's name - including exact address and contact person
including telephone number
 -TIN,
-Designation of the designated Product by a trade name or alphanumeric symbol with a
offers,
-Quantity of goods ordered,
-Expected completion date, place and conditions of delivery/collection of the Product.
8. if the order relates to a previously submitted offer, it is necessary to include on the
order the number of this offer. If the offer number is not referred to, the seller shall not be liable for the following.
responsibility for any discrepancies between the offer and the completed order.
9. The cancellation of an order by the buyer is only possible in exceptional circumstances after the
prior written agreement of the cancellation terms with the Seller.
The seller reserves the right to charge the buyer the actual costs that
incurred up to the moment of cancellation - not more than the value of the order.

§4 PRICE

1. the price for the Product which is the subject of the sales contract will be determined in each case in the
offer or sales contract.
2. The buyer is obliged to pay the price within the period resulting from the invoice issued by the
Seller's VAT invoice.
3. The date and form of payment are agreed individually for each buyer.
4. Payment of the price shall be made by transfer to the bank account designated by the
Seller in a VAT invoice or in any other form agreed in the offer or sales contract.
5. Payment shall be deemed to have been made when the funds are credited to the bank account.
Seller.
6. The seller reserves the right to unilaterally increase the price if, after
conclusion of the contract there will be objective reasons justifying an increase of the
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.
7. The prices quoted by the Seller are net prices and will be increased by the applicable tax.
of goods and services in the amount of and in accordance with the requirements provided for in the
applicable legislation.
8 The prices quoted by the Seller do not include any customs duties or other charges.
the financial burdens imposed on the Products under the law applicable to the seat of the
Buyer.
9. Failure to pay the amount due within the period specified on the invoice shall entitle the Seller to
interrupt deliveries of the Products and suspend orders already accepted. Seller
may make the performance of a new order placed by a buyer who is in arrears with
pays or pays invoices in arrears on a new order
Buyer.
10. In the event of delay in the payment of the price, the Seller shall be entitled to interest for delay in the
commercial transactions, even if the seller has not suffered any damage and even if the
the delay was caused by circumstances for which the Buyer is not responsible.
The obligation to pay interest does not exclude a claim for damages on general principles.
11. lodging a complaint does not release the Buyer from his obligation to make payment for the Products in the
the agreed date.

§5. SUPPLY AND TRANSPORT OF PRODUCTS

1. the delivery of the Products shall be made within the time limit specified in the offer or confirmation of the
orders.
2. the delivery period may be changed in the event of: a) delivery being held up for reasons attributable to the
on the part of the purchaser; b) delay by the purchaser in paying the price; c) failure to provide
(d) force majeure by the Purchaser to the Seller, information necessary for the performance of the supply
higher. In such a case, the delivery period will 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 conditions.
4. the Buyer is obliged, immediately upon receipt of the Product, to verify the conformity of the
the delivered goods with the order. He is obliged to check in particular: the condition
consignment, and the quality, quantity and assortment of the delivered goods, and immediately (i.e.
at the latest within 3 working days) to notify the carrier and the Seller of any objections in this regard.
extent by drawing up a protocol of discrepancies. The seller reserves the right to check
reported damage at the place of delivery.
5. if the Buyer extends the agreed delivery period or if the Products are not accepted,
The seller has the right to charge transport and storage costs to the buyer.
in accordance with the applicable rates for each day of storage.
(6) If the Buyer delays in collecting the Product from the Seller's warehouse for a longer period of time, the Seller shall not be entitled to recover the Product.
than 7 (in words: seven) calendar days or failed to collect within the agreed timeframe
Product at another agreed location, the Seller shall call the Purchaser to collect the Product.
within 7 (in words: seven) days of receipt of the summons.
7 After the expiry of the additional period described in clause 7 to no avail. 7, the Seller shall be
entitled to put the Product into safekeeping or to store the goods in his own
warehouse, at the expense and risk of the purchaser for a maximum of 90 calendar days.
8. the cost of a fee for uncontracted storage of unclaimed Product per day.
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 due to reasons beyond his control which could not be
foreseeable at the time of conclusion of the contract and which could not have been avoided (force majeure).

§7. CONTRACTUAL PENALTIES

The buyer shall pay the seller a contractual penalty for withdrawal from the contract with
for reasons beyond the Seller's control, within the period specified in paragraph 4, section 3, in the amount of the
20% of the contract value increased by the value added tax due. Payment of the contractual penalty
shall not relieve the purchaser of the actual costs incurred up to the moment of withdrawal.
contract for reasons beyond the Seller's control.

§8. RESPONSIBILITY

The seller shall be liable for non-performance or improper performance of the
contract, except that this liability is limited to damage of an actual nature,
excluding lost profits. The seller shall also not be liable for any
damage caused by the wrong choice of Products, their incorrect use
or use other than for its intended purpose or in accordance with the operating and maintenance instructions, as well as
any damage the occurrence or extent of which has been influenced by the state and characteristics of the
infrastructure on which the Products are to be operated, including in particular those of its
elements with which the Products are to be connected.
(2) In any event, the Seller's liability for any damage not covered by the
The exemption shall be limited to the actual loss to the purchaser in the amount of
not exceeding the amount of 100% of the net contractual remuneration.
If the parties have agreed in writing on the delivery of Products or materials that do not meet the Polish
Norms or other technical or safety standards, the Seller shall not be liable for the resultant
of this damage.
4. For the applicability and effects of the use of Products supplied by the
The Seller in the Buyer's specific design solutions is the responsibility of the Buyer,
even if the seller was involved as an advisor or consultant in the preparation of the construction of the
and the buyer's final product.
5. the Seller shall not be liable to the Purchaser for any defects in goods made
by the Purchaser using Products supplied by the Seller.

§9 WARRANTY

1. the terms and conditions of the guarantee are set out in the General Terms and Conditions of Guarantee (GTCs), which state the following
an integral part of the sales contracts concluded by the Seller.

§10 HANDLING

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

§11 CESSATION

The transfer of receivables to which the Purchaser is entitled from the Seller shall only be permissible
with the prior written consent of the Seller.

§12. FINAL PROVISIONS

These GTS shall be governed by the laws of Poland.
The court competent to settle disputes arising from the application of these GTS shall be the following
court with jurisdiction over the Seller's registered office.
The invalidity or invalidity of some of the provisions of these GTS shall not affect the
the validity or effectiveness of the other provisions.
4 The Seller has the right to store and process the Buyer's personal data in the
purposes connected with the performance of the sales contract.
5. Any amendments to these GTCS must be made in writing on pain of perjury.
void.
6 In the event that these GTCS are also formulated in a language other than Polish,
In the event of a dispute, the GTCS in the Polish language shall apply.
7. By accepting these GTS, the Buyer agrees to the processing of his personal data.
by the Seller and entities acting on its behalf at home and abroad in connection with the
performance of sales contracts for Products offered by the Seller
8. The Purchaser may not, without the Seller's consent, transfer the knowledge and information obtained in the
as a result of business dealings with the Seller to third parties on matters covered by confidentiality
commercial.
9. the Buyer shall not, during the term of the contract and thereafter, disseminate, disclose or
use also such information which does not constitute a business secret
Seller, but the dissemination, disclosure or use of which could in
in any way damage the reputation or otherwise cause damage to the Seller.
10. these GTCS shall enter into force on 1.01.2024.