General Terms and Conditions of Service and Payment for Products at A4BEE Sp. z o.o. (GTC) NOVEMBER 2021
§ 1. Scope of Application
These General Terms and Conditions of Service and Payment (“GTC”) apply to every order (in particular, orders for any goods or related services) placed with A4BEE Sp. z o.o. (“we” or “A4BEE”) by the customer. They also apply to all future product deliveries, services, or offers addressed to customers, even if not separately attached. These GTC also apply if the subject matter of the contract is the creation, provision, or granting of rights to a work, including software related to A4BEE products.
The contract between the customer and A4BEE can only be concluded under the conditions set forth in these GTC. Article 385^4 § 1 of the Civil Code does not apply. Any contractual templates differing from these are not applicable unless we expressly consent in writing.
By concluding this contract, the customer confirms that they enter it in direct relation to their business activities and it has a professional character for them.
These General Terms and Conditions of Service and Payment apply only to services related to A4BEE products.
§ 2. Offers and Orders
A price offer sent in documentary form from our side, to which these GTC are attached, is binding and constitutes an offer under Article 66 § 1 of the Civil Code. According to Article 681 § 2 of the Civil Code, any offers made by us subject to these GTC may only be accepted by the customer without reservations. Samples and patterns contain indicative data that are not binding for us.
Upon acceptance of our offer by the customer through placing an order in documentary form, an agreement is concluded subject to a suspensive condition. This condition is fulfilled upon our confirmation of the order, which depends on confirmation by manufacturers of the availability of the order components (or parts). If we do not confirm the order within two weeks of receiving it, the agreement expires. The detailed scope of delivery will be specified in our order confirmation. This clause does not prejudice other provisions of these GTC requiring additional conditions for the agreement to be effective.
Order confirmation must be in documentary form under pain of nullity.
We have the right to partial deliveries if justified and acceptable to the customer, especially if:
a) partial delivery serves the customer’s contractual purpose;
b) remaining items are guaranteed for delivery;
c) no additional costs arise for the customer from partial delivery unless we commit to cover such costs.
Trial deliveries are deemed accepted by the customer if no other written agreement is made or the goods are not returned during the trial (demo) period.
The customer may withdraw from the contract no later than receiving the order confirmation electronically from A4BEE as described above. After that point, withdrawal is not allowed.
After order confirmation and before the transfer of risk as per § 6, the customer may withdraw by paying a compensation of 15% of the net order value, or 75% if the order is marked as customized in the confirmation. Withdrawal with compensation is possible until the agreed delivery date.
If part of the price is to be paid before order fulfillment (as stated in the offer accepted by the customer), such amount constitutes a deposit within the meaning of Article 394 of the Civil Code.
§ 3. Prices
Our prices exclude VAT at the statutory rate and are net “ex-works” prices, not including insurance, transport, and shipping costs. This does not affect the content of § 11.
§ 4. Payment Terms
Payment conditions and deadlines result from the specific agreements between A4BEE and the customer. The decisive date for timely payment is the receipt of funds in our bank account indicated in the offer or other documents.
If payment is not made on time, we are entitled to maximum default interest as per Article 481 point 21 of the Civil Code, equivalent to twice the sum of (i) the National Bank of Poland reference rate and (ii) 5.5 percentage points. We reserve the right to claim higher damages and further claims.
If payment is deferred with A4BEE’s consent, unpaid amounts bear contractual interest of 8% per annum from the due date.
The customer may only offset claims against A4BEE with A4BEE’s claims if either confirmed by final court judgment or by our written consent. The right of retention applies similarly.
This translation covers the parts of the text you provided on scope, orders, pricing, and payment terms within A4BEE’s general services and payment conditions effective November 2021. Let me know if you want the rest of the document or more specific sections translated.