General sale conditions

DATED 4.01.2016
§ 1.
This General Conditions of Sale, hereinafter referred to as “GCS” (“OWS”), are applied with respect to all sales contracts concerning meat and meat products (hereinafter referred to jointly as the „Goods”) entered between Agroline Sp. z o.o. Sp.k. with a seat in ul. Rzemieślnicza 17/19, 81-855 Sopot, registered in the entrepreneurs register of the National Court Register (Krajowy Rejestr Sądowy) by the District Court Gdańsk – Północ in Gdańsk with the number KRS0000561622, with the tax number NIP PL5842742147, hereinafter referred to as the “SELLER” and its clients, hereinafter referred to as the “BUYER”, regardless of the place and country of their registered seat, or place and country of residence.
§ 2.
  1. This GCS is the integral part of the contracts referred to in § 1 above.
  2. The alternation or exclusion of individual provisions of GCS can take place solely at the previous consent of the SELLER.
§ 3.
  1. Entering the sales contract for the Goods takes place by means of placing the order by the BUYER and accepting this order by the SELLER, or at the moment of submitting by the parties consistent statements of intent in the subject of entering the contract.
  2. The order can be placed by the BUYER in writing, via fax or e-mail.
  3. The order is considered as accepted when the SELLER sends to the BUYER the confirmation of the order via a registered letter, fax or e-mail.
  4. The contract for the sale of Goods is entered at the moment of submitting by the SELLER the statement about accepting the order, or at the moment of submitting by the parties consistent statements of intent in the subject of entering the contract.
§ 4.

In case of discrepancies between the contents of GCS and the contents of the order accepted and confirmed by the SELLER, there apply the provisions of the said order.

§ 5.
The order placed with the SELLER must obligatorily indicate:
  • a type of the ordered Goods;
  • a quantity of the ordered Goods;
  • a unit price and a total ( aggregate ) price of the ordered Goods;
  • a date of payment of the selling price;
  • a place of issue of the Goods to the BUYER.
§ 6.

The BUYER shall not be authorised without the written consent of the SELLER to assign the rights resulting from the sales contract concerning the sales of Goods entered with the SELLER.

§ 7.
  1. The BUYER is entitled to place the complaint concerning the Goods or the packaging in accordance with the procedure described below in points 2 – 7. The SELLER qualifies the Goods or the packaging for the complaint procedure exclusively when the following procedure was kept.
  2. The BUYER shall submit the complaint to the SELLER within 72 hours upon the receipt of the Goods, via electronic mail or in writing, or the claim shall be otherwise null and void with respect to the rights of the BUYER related with the defects of the Goods.
  3. The submitted complaint form shall contain the following:
    • a precise description of the defect of the Goods or of the packaging;
    • a printout of temperatures from the moment of loading until the place of storage, unless the subject of the complaint is the packaging defect;
    • an inspection report of the Goods in question;
    • a photo documentary;
    • transport documents of the Goods signed by a driver;
    • location of the Goods in order to carry out the inspection by the SELLER.
  4. The photo documentation enclosed with the complaint form shall be prepared in a manner enabling the indication of the existence of the defect of the Goods or the packaging, and it shall be prepared in a way that facilitates the identification of the Goods, and especially the batch number.
  5. The responsibility of the SELLER for the defects of the Goods or the packaging shall expire in case of issue of the Goods by the BUYER to the third party before the carrying out the inspection of the Goods by the SELLER.
  6. The grounds for considering the complaint shall be the inspection carried out by the SELLER. In case of executing the disposal of the Goods or of the packaging before the carrying out the inspection by the SELLER, the responsibility of the SELLER for the defects of the Goods or the packaging shall expire.
  7. In case of an unfounded complaint the costs of the complaint procedures shall be borne in total by the BUYER.
§ 8.
The total of the Contract for the sale of the Goods entered between the SELLER and the BUYER, including its validity, contents and realisation, as well as legal relations resulting hence, are exclusively subject to Polish law.
§ 9.

All disputes that may arise from the contract for the sale of the Goods entered between the SELLER and the BUYER or from its execution shall be subject to the settlement issued by the Polish common court proper for the City of Gdańsk.
The SELLER reserves the right to initiate an action in any court or jurisdiction where the contract is breached by the BUYER.

GENERAL TERMS OF PURCHASE

§ 1.
The General Terms of Purchase, hereinafter referred to as the “GTP”, shall apply to all agreements (hereinafter referred to as the “Agreements”), on the basis thereof AGROLINE a limited liability company, with its seat in Gdańsk, registered at the Entrepreneurs’ Register of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, under reference number KRS 57458, share capital of PLN 51,200, NIP: 5830011952; hereinafter referred to as “AGROLINE” – purchases from third parties hereinafter referred to as: the “CONTRACTING PARTY” meat or other meat products (goods) (hereinafter jointly referred to as the “Goods”) regardless of the place of the Agreement conclusion, the country of the seat, place and country of the CONTRACTING PARTY’S residence.
§ 2.
  1. The GTP constitute an integral part of the Agreements, referred to in § 1 above.
  2. Amendment or exclusion of application of particular provisions of the GTP may take place only upon a prior written consent of AGROLINE.
§ 3.
  1. Conclusion of the Agreement shall take place by placing of an order by AGROLINE or by conclusion and signing of an Agreement in writing by AGROLINE representative.
  2. VAT invoice signed by AGROLINE representative equals conclusion of Agreement for the Goods stipulated in the invoice upon the terms stipulated therein.
§ 4.

In the case of discrepancies between the contents of the GTP and the contents of the approved and confirmed by AGROLINE order or Agreement, the provisions of the signed by AGROLINE order or Agreement shall apply respectively.

§ 5.

THE CONTRACTING PARTY has no right to assign the rights arising from the Agreement for Goods signed with AGROLINE without a written consent of AGROLINE.

§ 6.

The whole of the Agreement concerning the Goods concluded between AGROLINE and THE CONTRACTING PARTY, including its validity, contents and execution as well as the legal relations arising thereof, shall be subject to the Polish law regulations only.

§ 7.
Any disputes that may arise in relation with the Agreement concerning Goods concluded between AGROLINE and THE CONTACTING PARTY or its execution shall be decided by the Polish common court competent for the city of Gdańsk.