Seller – K-Roll Karol Katra, NIP: 1181936779, ul. Nowy Świat 33/13, 00-029 Warsaw.

Buyer – A domestic or foreign entity purchasing goods from the Seller.

Parties – Refers to both the Seller and the Buyer collectively.

The following General Terms and Conditions of Sale (GTCS) have been created based on applicable commercial and civil law regulations. They aim to regulate the relationships between the Seller and the Buyer regarding the purchase/sale of goods offered by the Seller. In matters not governed by these GTCS, the applicable laws of the Seller’s country shall apply. Any deviations from these General Terms and Conditions of Sale require the Seller’s prior written consent.

An order placed by the Buyer constitutes acceptance of the presented offer and becomes binding only upon written confirmation by the Seller. By placing an order, the Buyer declares that they have read and accepted the GTCS. The GTCS are available on the Seller’s website, upon request from the Seller’s representatives, or in certain promotional materials such as product catalogs.

In the case of spare parts sales, the shipment of goods by the Seller depends on the Buyer’s acceptance of the order confirmation. In the absence of feedback or acceptance, the goods will not be dispatched.

The Seller reserves the right to refuse new orders or cancel accepted orders in case of delayed payment by the Buyer for previous orders.

Any proposals by the Buyer to modify an existing contract require the Seller’s written approval.

An order accepted for processing and confirmed by the Seller may only be canceled or withdrawn by the Buyer with the Seller’s prior written consent. The Buyer shall bear all direct and indirect costs resulting from the commencement of order processing.

Without written confirmation from the Seller, all information provided in promotional materials, such as brochures, websites, or product catalogs, is for informational purposes only and is not binding.

The Seller reserves the right to make changes to the sold products at any stage of order processing, provided that such changes do not affect the performance or functionality of the goods.

For non-standard products outside the usual range, the Seller prepares technical documentation for the Buyer’s approval before execution. This documentation forms an integral part of the contract and requires full acceptance by the Buyer. In the case of special orders, the Seller reserves the right to include additional clauses beyond those in the GTCS. Any such additions will be included in the order confirmation.

The estimated execution time starts from the moment the order is confirmed by the Seller and after the Buyer provides all necessary documents required for order processing, such as a written order, the Buyer’s registration details (for the first order), and any other documents requested by the Seller.

The estimated execution time indicated in the order confirmation is based on average production times. This timeframe specifies the anticipated completion of the order and preparation of the goods for shipment. The estimated execution time does not include the time required for transporting the goods from the Seller’s factory to the Buyer’s delivery location.

The goods will be delivered to the delivery address specified by the Buyer in the order.

For orders containing multiple products with different execution times, the order confirmation will reflect the longest estimated execution time. The Seller reserves the right to divide the order into smaller shipments. In such cases, only the shipped goods will be invoiced.

The Seller is not responsible for delivery delays caused during transportation. Under no circumstances shall exceeding the anticipated execution time by the Seller serve as grounds for order cancellation, withdrawal, or claims for penalties or interest unless otherwise agreed upon in writing by both parties.

The Buyer is required to thoroughly inspect each delivery upon receipt. By signing the delivery receipt, the Buyer confirms that the number of delivered packages matches the transport documents and that none of them show visible signs of damage during transportation. In the event of shortages or visible damages, the Buyer must note this in writing in the presence of the courier, including their legible signature.

The Buyer has the right to report shortages or transportation damages within eight calendar days from the delivery date. The Seller requires such notifications to be made in writing and include a copy of the damage/shortage report signed by the courier.

The Seller retains ownership rights to the delivered goods until full payment of the issued invoice. Once the goods are dispatched, responsibility for any damage incurred during transportation transfers to the shipping company and subsequently to the recipient. Until the invoice is fully paid, the goods may not be resold or modified in any way.

All additional costs, such as transport, customs duties, transport insurance, and others, are borne by the Buyer.

In the absence of specific instructions, the Seller arranges for the collection of goods using a company of their choice and charges the costs to the Buyer. Transport is not insured unless the Buyer specifies otherwise when placing the order. The cost of insurance is borne by the Buyer.

The Seller reserves the right to change the prices of goods at any time, except for orders already accepted and confirmed in writing. Orders in process and confirmed in writing will be invoiced at the price valid on the date of order confirmation.

Prices stated in promotional materials and offers are net prices in euros. These prices do not include transportation costs.

By placing an order, the Buyer agrees to receive invoices electronically.

Unless otherwise specified in the order confirmation or invoice, the payment term for the Buyer is 30 days from the invoice issuance date.

Payments are to be made by bank transfer at the Buyer’s expense to the Seller’s account number provided on the invoice.

In case of payment delays, the Seller reserves the right to refuse new orders or cancel ongoing orders, charging the Buyer for costs incurred up to that point. Late payments will incur statutory interest for each day of delay.

1. Warranty Scope

The Seller agrees to repair or replace defective goods if the defect arises from design, construction, or material errors, subject to the following conditions:
– The warranty and Certificate of Compliance automatically expire if non-original spare parts are used or if any modifications are made without the Seller’s prior written consent.

The warranty does not cover:
– Damage caused by a lack of maintenance or supervision.
– Defects resulting, in whole or in part, from normal wear and tear, damages, or accidents attributable to the Buyer or third parties.

Unless stated otherwise in writing, no warranty applies to used equipment.
Spare parts replaced without the Seller’s or their authorized party’s intervention are not covered by the warranty.

To claim the warranty, the Buyer must immediately notify the Seller in writing upon discovering a defect and allow an inspection of the defective goods at a mutually agreed location and time by a designated representative of the Seller.

The standard warranty is valid for 12 months for goods offered by the Seller.

The warranty period begins from the moment the goods are dispatched from the Seller’s factory.

For applications deviating from the standard intended use of the goods, the Seller reserves the right to alter the warranty conditions or entirely refuse warranty coverage.

The warranty process is conducted as follows:
– The Buyer must report the defect in writing, providing the product reference number, the order number, photos, and any other necessary documentation.
– The Seller’s technical department reviews the warranty claim within 20 business days and informs the Buyer whether the claim is accepted or rejected. If accepted, a repair or replacement of the goods is proposed.
– After written agreement on warranty terms, the repair may be carried out by the Seller or a third party authorized by the Seller.

– During the warranty period, the Seller undertakes to replace defective goods with new ones. Repairs may be carried out at the explicit request of the Buyer.
– The Seller is not liable for reduced performance, equipment downtime, or similar issues caused by defects. Any claims for compensation are not covered under the warranty.
– In the event of a rejected warranty claim, the Seller may offer to repair or replace the goods for a fee.
– Defective goods replaced with new ones become the property of the Seller and must be returned to the Seller without undue delay.
– If a warranty claim is rejected, the Buyer will bear the cost of transporting the goods returned from the technical department if they were previously sent for analysis.

The Seller’s products comply with European Union regulations.

The Seller is not liable if the goods are used in violation of the laws of the country where they are located.
The Seller bears no responsibility for improper use of the products.
The Seller is not liable for failure to fulfill contract obligations due to force majeure (e.g., strikes, floods, fires, pandemics, border closures, etc.).
The Seller’s liability is limited to direct damages arising from failure to fulfill the contract. The Seller is not liable for or obligated to compensate damages caused by errors or negligence of the Buyer.
Under no circumstances is the Seller liable for indirect damages.

– Natural disasters,
– Earthquakes, storms, fires, floods,
– Armed conflicts, riots, acts of terrorism,
– General or partial strikes affecting the Seller’s or Buyer’s facilities,
– General or partial strikes in transport companies, postal services, etc.,
– Changes in regulations by public authorities (import bans, embargoes),
– Workplace accidents, machine breakdowns, explosions,
– Failures or non-delivery of parts by subcontractors.

Each party agrees to promptly notify the other of any of the above circumstances that, in its opinion, may affect the performance of the contract.

In the event of a serious breach of contract by either party, the other party has the right to terminate the contract. Termination shall occur 30 days after a written notice is issued to the breaching party, requesting compliance with the contractual obligations.

The parties agree to attempt amicable resolution of any disputes before referring the matter to the appropriate court.

The exclusive court for resolving disputes shall be the court with jurisdiction over the Seller’s registered office.

The contract and its terms shall be governed exclusively by the laws of the Seller’s country.

1. Confidentiality

The parties agree to a mutual obligation of confidentiality covering all information provided orally or in writing, in any form and manner, except for information that is publicly known.
The parties shall not disclose confidential information to third parties without prior written consent from both parties.
The parties agree to use entrusted personal information solely for the purpose of fulfilling the contract.
The parties undertake to take all necessary measures to ensure this obligation during the term of the contract and after its termination. This obligation applies to all employees of both parties.
As part of commercial transactions, the Seller stores and processes personal data in accordance with Polish law.

Seller’s office address:
u. Trakt Brzeski 142/4 05-070 Sulejówek

For inquiries or comments, please contact us at:

+48 576 525 959
k-roll@k-roll.pl
www.k-roll.pl

All products of the Seller are protected by intellectual property rights worldwide. Any reproduction, total or partial copying, is strictly prohibited.

Last updated: 17 May 2022