General Terms of Sale – Bimo Tech Sp. z o.o.
1. General Provisions
1.1 These General Terms of Sale constitute general terms of contracts within the meaning of the Civil Code and apply to sales, delivery, and other agreements concluded by Bimo Tech Sp. z o.o. based in Wrocław with natural persons, legal entities, and organizational units without legal personality.
1.2 For the purposes of these General Terms of Sale, the following definitions apply: • GTS – General Terms of Sale, • Buyer – any natural person, legal entity, or organizational unit without legal personality that is a party to the agreement, • Seller – Bimo Tech Sp. z o.o. based in Wrocław, • Goods – commercial goods in the Seller's offering, • Non-standard products – products requiring specific manufacturing, e.g., materials cut to size, materials subject to non-standard processing, made to order.
1.3 GTS are part of the agreement and are binding on the parties in full, unless the parties agree otherwise in the agreement. In case of discrepancies between GTS and the agreement, the terms of the agreement prevail.
1.4 Any deviation from GTS requires written form under penalty of invalidity.
1.5 GTS are available at bimotech.pl and are provided to the Buyer for acknowledgment and acceptance no later than the day the order is placed.
1.6 Concluding a sales agreement means the Buyer has read, accepted, and acknowledges the binding nature of GTS. Acceptance of GTS with one order is considered acceptance for all subsequent orders until the terms are changed or revoked.
2. Offers, Orders, Prices
2.1 All information regarding offered goods, conversion factors, dimensional and weight tolerances, and quality presented in catalogs, promotional materials, price offers, and on the Seller's website are informational and do not constitute a commercial offer within the meaning of the Civil Code.
2.2 The Buyer is obliged to know the technical parameters of the ordered goods. The Seller delivers goods according to the order but is not responsible for the correctness of the selection or further use by the Buyer.
2.3 An offer made by the Seller to a specific Buyer is binding for 3 days from the date of presentation, unless a different period is specified. The offer is also valid until stock is exhausted.
2.4 Unless otherwise agreed, the final price is determined based on the Seller's prices on the date the order is placed.
2.5 Stated prices are net and should be increased by VAT and other public levies in accordance with regulations in force on the invoice date.
2.6 If the price is stated in a foreign currency, it is assumed that the parties agreed on the price in Polish zloty, converted at the average NBP rate on the order date, unless otherwise agreed.
2.7 In case of unforeseen circumstances after order confirmation justifying a price increase (e.g., increased customs duties, new public charges), the Seller has the right to unilaterally increase the price to the extent corresponding to the actual increase in cost factors.
2.8 Sales are based on a written order submitted by the Buyer. Orders may be sent by mail, fax, or email. Oral orders are permitted provided they are immediately confirmed in writing.
2.9 The order must include: • company name and exact address, NIP, REGON, KRS (or business registration details for individuals), • type of ordered goods, • order quantity (dimensions, amount), • delivery date and location, or details of the authorized person for personal pickup.
2.10 The Seller is obliged to confirm acceptance of the order in writing. If the Buyer raises no objections within one day of receiving the confirmation, the order is considered accepted on the terms specified in the confirmation.
2.11 The subject or quantity of a confirmed order may be changed by mutual written consent. The Seller also reserves the right to cancel or change the agreed price in case of unforeseen circumstances, particularly stock exhaustion at manufacturers, significant material price changes, or calculation errors.
2.12 If the Buyer withdraws the order in whole or in part without the Seller's written consent, the Buyer is obliged to cover all costs incurred by the Seller in connection with the order.
2.13 For metallurgical products, quantity and price are determined based on theoretical weight. The Seller will inform the Buyer of standard commercial lengths.
2.14 In case of extraordinary circumstances, particularly force majeure, the Seller is entitled to withdraw from the order and notify the Buyer in writing.
3. Delivery Terms and Deadlines
3.1 Delivery is conditional upon the Seller's confirmation of the order.
3.2 Delivery is carried out by the Seller's own transport, via carrier or freight forwarder – unless otherwise agreed – to the address specified by the Buyer.
3.3 The Buyer may, with the Seller's consent, collect goods personally at the Seller's premises or another agreed location.
3.4 Transport costs for delivery to the Buyer's specified location are determined by the Seller. The Seller will notify the Buyer in writing of any changes to transport costs.
3.5 The Buyer is obliged to collect prepared goods immediately upon notification of readiness, unless otherwise agreed. If the Buyer fails to collect goods for more than 14 days, the Seller may withdraw from the agreement and sell the goods at the Buyer's cost and risk.
3.6 If goods are not collected on time, the Seller may charge the Buyer storage costs.
3.7 In case of delivery delay, the Buyer may only withdraw from the agreement after setting an additional delivery deadline in writing.
3.8 Delivery date changes are permissible in circumstances beyond the Seller's control (e.g., delays at manufacturers, machine breakdowns, road blockages). The Seller will inform the Buyer of the reasons for the delay.
3.9 The Buyer is obliged to carefully inspect the goods upon receipt for quantity, specification compliance, and visible defects.
3.10 After inspection, the Buyer signs the delivery note (WZ), confirming conformity and absence of defects. Processing the goods releases the Seller from liability for nonconformities.
3.11 Unloading is the Buyer's responsibility. The Seller is not liable for damage during unloading.
3.12 Upon handover to the carrier or freight forwarder, the benefits, burdens, and risk of damage or loss pass to the Buyer. For personal pickup – upon signing the receipt document. Insurance is only arranged at the Buyer's written request and expense.
4. Payments
4.1 The Buyer must pay for goods within the deadline specified on the invoice. The payment date is the date funds are credited to the Seller's account.
4.2 In case of delay, the Seller may charge statutory interest for late payment from the day following the payment deadline.
4.3 If the Buyer orders standard goods and then withdraws or otherwise ceases performance, the Seller may charge a contractual penalty of 20% of the gross value of the goods.
4.4 If the Buyer orders non-standard products and then withdraws or otherwise ceases performance, the Seller may charge a contractual penalty of 100% of the gross value of the goods.
4.5 For non-standard product orders, the Buyer must make a prepayment in the amount agreed with the Seller, unless otherwise arranged.
4.6 The Seller may seek damages exceeding the value of contractual penalties.
4.7 In case of ongoing cooperation and persistent late payments, the Seller may shorten payment terms or require cash payment.
5. Certificates
5.1 The Seller charges a fee for issuing certificates, declarations of conformity, or other quality documents, unless otherwise agreed.
5.2 These documents are issued only if the Buyer requested them in the order.
5.3 Agreed documents are delivered by mail, email, or fax, unless the parties agree otherwise.
6. Retention of Title
6.1 Goods remain the Seller's property until full payment is received.
6.2 The Buyer may not sell goods before full payment.
6.3 In case of payment delay, the Seller may demand return of delivered but unpaid goods. The Buyer must return the goods within 7 days at own cost and risk.
7. Liability for Defects, Complaints
7.1 The Buyer must inspect goods for quantity, quality, and visible defects immediately upon receipt. Complaints regarding visible defects must be submitted in writing within 3 days of receipt, under penalty of forfeiture. Hidden defects must be reported immediately upon discovery, but no later than 3 months from the delivery date.
7.2 If a defect is found, the Seller may: repair the defect, deliver defect-free goods, or offer a price reduction.
7.3 The Buyer must allow the Seller to inspect the complained goods. In case of an unjustified complaint, the Buyer will be charged inspection and transport costs.
7.4 If the Buyer fails to inspect goods upon receipt, claims for defects are excluded.
7.5 The Seller will not accept complaints if goods were improperly used or stored.
7.6 The Seller is not liable if the Buyer knew of the defect at the time of concluding the agreement or in other cases provided by law.
7.7 The Buyer must store complained goods properly until the complaint procedure is completed.
7.8 Filing a complaint does not entitle the Buyer to withhold payment for completed deliveries.
7.9 The basis for complaint resolution is a complaint protocol and photographic documentation.
8. Force Majeure
8.1 Neither party is liable for failure to perform the agreement due to force majeure.
8.2 Force majeure means extraordinary events beyond the parties' control that could not have been foreseen or prevented, including: riots, strikes, collective disputes, armed conflicts, natural disasters, floods, fires, government actions, machine breakdowns, road blockages.
8.3 Force majeure does not release the Buyer from the obligation to pay for goods already delivered.
8.4 The party affected by force majeure must immediately notify the other party in writing or by other available means.
9. Final Provisions
9.1 The parties shall seek amicable resolution of disputes arising from the agreement. In case of no agreement, disputes shall be resolved by the court competent for the Seller's registered office.
9.2 Matters not regulated by the agreement and GTS are governed by the Civil Code and other generally applicable provisions of Polish law.
9.3 Transfer of correspondence, commercial offers, other documents, and assignment of rights under the agreement to third parties without the Seller's written consent is prohibited.
9.4 By accepting these GTS, the Buyer consents to the processing of personal data by the Seller in connection with sales agreements and for marketing purposes related to the Seller's business. The Buyer has rights under GDPR (Regulation 2016/679) and the Polish Personal Data Protection Act of May 10, 2018.
