Terms and Conditions of Sale

Find detailed information on GAUS Components’ Terms and Conditions of Sale here.

Table of contents

General Terms and Conditions of Sale
1. General provisions
2. Orders
3. Order confirmation
4. Logistics minimums
5. Delivery terms and delivery date
6. Prices, invoices, payments
7. Force majeure
8. Warranty and statutory warranty
9. Dispute resolution
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General Terms and Conditions of Sale

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1. General provisions

These General Terms and Conditions of Sale, hereinafter referred to as the GTCS, shall remain in force unless other provisions are agreed in writing between GAUS Sp. z o.o. Spółka komandytowa, hereinafter referred to as the Seller, and the Buyer. The General Terms and Conditions of Sale apply to all deliveries resulting from business relations between the Buyer and the Seller.

If the Buyer’s General Terms and Conditions of Cooperation, in whole or in part, conflict with these GTCS, the Seller’s GTCS shall apply. In matters not regulated by these delivery terms, the provisions of the Civil Code shall apply.

2. Orders

The sale and shipment of goods shall be carried out on the basis of orders placed by the Buyer. Orders shall be placed by a person authorized by the Buyer to perform such activities. Orders may be placed in writing, by fax, electronically, by telephone or in person at the company’s registered office in Wrocław.

The order should include: the exact name and address of the Buyer, tax identification number, order number, delivery address, type of assortment in the form of the Seller’s code and/or catalogue name, quantity of ordered goods, requested completion date and any additional offer arrangements together with the offer number or the name of the person with whom such arrangements were made.

The recipient bears full responsibility for the consequences of incorrectly or illegibly completed orders.

Acceptance of an order by the Seller with deviations requires written agreement with the Buyer.

3. Order confirmation

Receipt of an order by the Seller does not constitute acceptance of the order for execution and therefore is not understood as the conclusion of a sales agreement. A sales agreement is concluded when the order is confirmed by the Seller.

Sales prices according to the Seller’s price list or offers valid on the date of receipt of the order shall apply to orders. Cancellation of a confirmed sales order must take place by mutual agreement of the Parties.

4. Logistics minimums

GAUS Sp. z o.o. Spółka komandytowa applies a logistics minimum in the form of a minimum order value. If the order value is lower than PLN 1000 net, the cost of the transport service is added to the invoice.

5. Delivery terms and delivery date

The ordered goods are made available to the Buyer at the supplier’s warehouse, which is the place of performance. The Buyer may collect the ordered goods from the supplier’s warehouse in the following ways:

in person,
through a freight forwarder commissioned by the Buyer in its own name to deliver the goods,
by commissioning the Seller to arrange delivery through a freight forwarder.

In the case of personal collection, the Buyer undertakes to collect the goods made available by the Seller on the day specified by the Seller in the notification or on the day resulting from the order confirmation. The goods shall be released after presenting the Seller’s warehouse employee with an authorization issued by the Buyer.

The Buyer may order delivery of the goods through a carrier. In such a case, the order to the forwarding company is placed by the Seller in its own name. The Buyer shall be charged with the courier service costs.

In the case of delivery of goods through a carrier, the Seller and the Buyer agree that the date of delivery of the goods to the purchaser, understood as the transfer of the right to dispose of the goods as owner, is the day on which the goods are handed over by the Seller to the carrier.

The goods must be delivered in accordance with the specifications and details accompanying the orders. Each delivery must be accompanied by a WZ delivery document. These documents should include the order number, quantity and unit, as well as data enabling full traceability of the goods in accordance with legal requirements.

Unless additional arrangements are made, the delivered goods should be packed in a manner protecting them against damage and in accordance with trade practices.

The Seller acknowledges that delivery dates and quantities are very important. Delivery dates are fixed and unchangeable. If the Seller determines that the confirmed delivery date cannot be met for any reason, the Seller should immediately notify the Buyer and provide the period of delay. In the case of partial deliveries, the remaining quantity should be delivered within the agreed time limit.

6. Prices, invoices, payments

The prices for the goods sold shall be specified in current offers and price lists. The agreed prices are fixed Ex-works prices, in accordance with the latest version of Incoterms, and remain unchanged from the moment the order is received.

The original invoice accompanies the delivery, unless otherwise agreed in separate agreements. The original invoice may be sent in the form of an e-invoice under the terms proposed by the Seller.

The absence of an invoice in the case of simultaneous receipt of goods does not release the Recipient from the obligation to make payment on time.

In the event of overdue receivables from the Buyer, the Seller has the right to suspend the execution of orders after prior notification of the Buyer. Statutory interest shall be charged for late payments.

7. Force majeure

Either party may withdraw from fulfilling the contractual arrangements if a delay occurs through no fault of either party. A delay not attributable to the parties shall be understood as a delay caused by so-called force majeure, e.g. fire, flood, typhoon, earthquake, epidemic, war, plague or state allocations, restrictions, extraordinary and violent weather phenomena, delays caused by similar natural or state-related reasons.

The Seller is obliged to provide comprehensive information regarding the delay upon each request of the Buyer.

8. Warranty and statutory warranty

The Seller undertakes to provide the Buyer free of charge, upon request, with:

attestations, quality certificates and copies of certificates for the goods sold, if their issuance results from the law applicable in Poland or is customary due to the standards applied,
warranties granted by the manufacturer for goods included in the Seller’s offer,
other required documents.

The goods referred to in point a) are covered by warranty and statutory warranty under the terms specified in the Civil Code.

The Buyer has the right and obligation to report to the Seller:

any quality defects identified during the warranty/statutory warranty period, within 3 days from the date of their disclosure,
quantity discrepancies in the delivered goods that could not have been identified at the time of receipt of the goods, within 7 days from the moment of delivery of the goods.

Complaints shall be submitted to reklamacje@gaus.com.pl, via the website www.gaus.com.pl in the complaints section or by telephone.

In the event that the Buyer identifies quantity discrepancies, visible damage to the goods or packaging at the time of receipt of the goods, complaints shall be considered provided that this fact is reported to the carrier in the consignment note and that a complaint report prepared by the Buyer is sent to the Seller.

The basis for accepting a complaint by the Seller for consideration shall be the Buyer’s complaint report describing the identified defects or irregularities. The report should include:

the type and quantity of the goods subject to complaint,
the date and number of the delivery document,
the reason for the complaint, including a detailed description of the defect.

The Seller shall consider the submitted complaint and inform the Buyer of its position in writing within 14 days from the date of receipt of the complaint.

If the complaint is accepted, the Seller shall remove the defect or replace the defective goods with goods free from defects, covering all costs resulting therefrom.

The warranty period granted by the Seller shall begin on the date of sale of the goods by the Seller.

9. Dispute resolution

All disputes arising during the cooperation, unless otherwise agreed in writing, shall be finally resolved by the court competent for the Seller’s registered office.

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