GENERAL TERM AND CONDITIONS
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1. ORDER / AGREEMENT​
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1.1 The legal relationship between STEEL DESIGN sp z o.o., with registered office at 75-132 Koszalin, ul. Mieska I,28, registered in the VAT register under the number PL 669 252 93 22 (hereinafter referred to as STEEL DESIGN), and the Customer is governed by the last quotation, these terms and conditions, the order voucher, the invoices, and any special terms, hereinafter referred to collectively as the "Agreement".
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1.2 Automatic Application of Terms: These General Terms and Conditions shall apply to all quotations, offers, and proposals issued by STEEL DESIGN, even if the quotation or offer does not expressly reference them.
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1.3 The agreement arises from the signing of the offer by the Customer.
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1.4 By signing the offer, the Customer accepts the terms and conditions of STEEL DESIGN as solely applicable, excluding all other provisions that STEEL DESIGN has not agreed to in writing (including Customer's Purchase or Other Terms).
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1.5 By signing the offer, the Customer acknowledges to be fully informed about all technical aspects of the products offered and all subcomponents (e.g., profiles, glass, panels, crutches, closures, colour codes...) as well as their impact on the building (e.g., width of profiles, direction of rotation, crankshaft, heights of upper and lower lights, cross sections, blue stone position...). The Customer acknowledges the descriptions of the products and services as described in the quotation, and acknowledges that all items not explicitly stated in the offer are not delivered or executed by STEEL DESIGN. Additional technical details may be provided upon written application.
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1.6. If the customer wishes to make changes after signing the offer, the customer must request this change in writing. The requested change will only be carried out by STEEL DESIGN upon written acceptance by STEEL DESIGN and subject to agreement on the settlement based on the prices of the latest price list. In case of change, STEEL DESIGN can charge an administrative fee of at least 150 EUR per change request.
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1.7. The agreement is limited to the works listed and products to be delivered of the last quotation; The quotation is based on the information provided by the customer or, if applicable, after a commercial representative of STEEL DESIGN has made a "preliminary measurement" (PM) with the customer. If the STEEL DESIGN technician's "final measurement" (FM) demonstrates that changes in the design or size are necessary, they will be settled according to the latest price list by STEEL DESIGN. If the FM finds that, due to its own appreciation of STEEL DESIGN, the ordered work cannot be technically executed, STEEL DESIGN is not executed and the Agreement can be dissolved by STEEL DESIGN without STEEL DESIGN prior to this any compensation must be paid.
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1.8. STEEL DESIGN can always demand the enforced execution of the Agreement (with mandatory reduction and payment). If the customer discontinues the Agreement, and STEEL DESIGN does not request the enforced execution, the Customer will pay STEEL DESIGN a Damage. The compensation includes all costs, such as (non-limiting): the cost of the materials already purchased, all of the services already delivered, the work already completed, increased all of this with a flat-rate compensation of 10% of the agreed price for profit loss. For delay in the acceptance of the ordered goods by the customer, from 10th day after notice by STEEL DESIGN, the customer owes a fee for the storage of the finished goods equal to 0.1%per day of the agreed price of the goods order.
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1.9. This agreement can also be dissolved free of charge by STEEL DESIGN if our credit insurance does not cover the full amount of the agreement with the customer, pursuant to Article 1183 of the Civil Code.
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1.10. The Agreement is based on a Final Measurement of the windows within 1 month after signing to ensure price stability. If it is possible to proceed later, all offered prices will be recalculated based on the current price list.
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2. FINAL MEASUREMENT (hereinafter, FM) if aplicable
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2.1. Unless otherwise stated, the FM will be scheduled after receipt of the advance (1st payment).
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2.2. The customer, or his authorized representative, must be present throughout the duration of the FM, which will be done by a technician of STEEL DESIGN.
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2.3. By signing the offer, the customer chooses to work with a professional firm. During the FM, a technician of STEEL DESIGN is committed to its own appreciation to ensure the technical feasibility of the site. Sometimes, these decisions can even be different from the signed offer and the aesthetic expectations of the customer to ensure better execution (placement, sustainability, ...). Any dispute by the customer as a result of such a decision will not be accepted as a defect or reason for rejecting the customer's decline or payment.
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2.4. If the customer or his authorized representative cannot be present during the entire duration of the FM, STEEL DESIGN can personally take any decision that is necessary to continue the production of the goods. Any problems with execution cannot be charged to us in this case.
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2.5. If during the FM the size cannot be determined unequivocally, e.g. because the existing situation is not final (due to absence of blue stone, unfinished brickwork, impact not determined unambiguously, absence of floor, ...) and the measurement is done on the basis of statements of the customer or designation of the contractor of the structural work, STEEL DESIGN is not responsible for the size and is only responsible for this.
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2.6. Unless otherwise specified, a FM that can be executed in one time is taken into account when making the offer. If it turns out that the FM cannot be executed in 1 time (e.g. Customer absence, Blue stone not present, Not fitted, Do not wipe off, etc.), STEEL DESIGN can provide a flat-rate amount of 150 EUR charge.
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3. DELIVERY TERMS
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3.1. STEEL DESIGN will strive to comply with the delivery period stated on the tender. Compliance with the delivery period is a commitment to STEEL DESIGN. In spite of the aspiration to respect this maximum, it may, in any event, not provide for any fines, damages or financial compensation.
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3.2. The indicative delivery period only begins after the final sizes and performance details of STEEL DESIGN are known with 100% certainty.
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3.3. For each case of force majeure at STEEL DESIGN, the delivery period is extended proportionally. Force majeure means a normally unforeseeable circumstance that occurs independently of our will (e.g., the delay of a supplier of STEEL DESIGN).
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3.4. Any change in the execution of the order at the customer's request, upon acceptance by STEEL DESIGN, will extend the delivery period. Also, the delivery of accessories, such as mailboxes, grilles, etc. cannot be granted. This may lead to an extension of delivery time.
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3.5. If a customer's explicit request is submitted after the FM and before the start of production, a manufacturing plan is submitted for the customer's approval, the indicative delivery time begins after the written approval of the manufacturing plan by the customer.
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4. IMPLEMENTATION
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4.1. The customer allows STEEL DESIGN to carry out constructive changes, or use other brands of glass, closure or profile, provided that the design complies with the single technical specifications STS 52 'Outside windows' and with the STS 38 'glass' and for insofar as this does not materially change the characteristics of the goods ordered.
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4.2. Colour differences between different materials (Steel / PVC / ALU / Wood) are the result of the chosen material and can never give rise to a complaint. Colour shades between windows of the same material that fall within the tolerances cannot give rise to a complaint.
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5. TRANSPORT AND DELIVERY
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5.1. The goods are un-loaded at a place that is well accessible. If the place to be delivered is not accessible, delivery can be suspended.
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5.2. It is the responsibility of the customer to provide sufficient (at least 20 meters) space directly for the building so that there is enough space for the goods to unload and work comfortably. Any additional costs due to the absence thereof will be charged in full.
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5.3. Unless otherwise stated, vertical transport is not included in the quotation. If necessary, lifts will be charged directly to the customer. If the vertical transport is provided in the tender, it is assumed that the accessibility and stability of the subsoil for these lifts or cranes are guaranteed by the customer.
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5.4. If the delivery for the reasons referred to in Article 5.1. and 5.2. cannot continue at the pre-announced time, the additional costs incurred will be charged to the customer.
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6. DELIVERY / COMPLAINTS
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6.1. An investment in windows and doors is an important investment. Therefore, the customer or his appointed person must be present or represented at the delivery to check the goods delivered with the STEEL DESIGN technician for any defects.
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6.2. The customer is encouraged to report any visible defect, any damage or complaint regarding the proper functioning of STEEL DESIGN, which can be solved if attributable to STEEL DESIGN. After verification, the customer must sign the delivery note (= final delivery). Visible damages, visible defects and complaints about the correct functioning that have not yet been resolved must be clearly stated and with the necessary window / door references on the delivery note. Later complaints in this regard are not accepted. Any visible defect reported afterwards is considered after the placement caused by third parties and is wholly responsible to the customer.
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6.3. If the customer or his authorized representative fails to be present at delivery, or if the customer refuses to sign the delivery note, any defects noted by the driver or an appointed member of STEEL DESIGN will be noted. Any intervention based on another complaint will be charged to the customer in direct order.
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6.4. Without prejudice to the provisions of the law in respect of consumers, no complaint will be accepted eight (8) days after sending the invoice or delivery of the goods.
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6.5. The oral reporting of complaints is impossible to follow. If the complaint was not reported in writing, it is considered by STEEL DESIGN to be non-existent.
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6.6. STEEL DESIGN has the right to resolve any complaint about its products or services which it considers appropriate in accordance with the rules of the art. However, this will not give rise to financial compensation or compensation on top of the costs already incurred. In addition, STEEL DESIGN's costs will be limited to its own products and services, and STEEL DESIGN will not interfere with third-party costs (e.g. cost ceiling). This category includes glass breakage, small retouches paintwork due to transport (with limited and local colour differences).
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6.7. Before resolving a complaint, STEEL DESIGN can forward an overview of the work to be done by mail to the customer for approval. After explicit approval, this complaint can be organized in the most efficient way (order at studio, delivery and execution at customer). If these works are not approved by mail within 5 working days, STEEL DESIGN assumes that the works they have posted are correct and can be resolved. If additional work has to be carried out during and additional inspection, provided that a good first evaluation could be carried out immediately, all additional costs will be charged.
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6.8. In case of disputes, only Polish law applies and are only authorized by the Courts of Koszalin.
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7. PAYMENT
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7.1. Payment Structure
The agreed price as stated in the offer shall be paid strictly in accordance with the payment terms specified therein. Unless expressly agreed otherwise in writing, 50% of the total contract price shall be paid in advance prior to commencement of production, and the remaining 50% shall be paid in full prior to delivery or as otherwise stated in the offer. All payments shall be made by bank transfer. Any failure to comply with the agreed payment terms shall constitute a material breach of contract.
7.2. Suspension, Security and Solvency
If the Customer’s solvency is questioned, including but not limited to late payment or non-payment of any invoice, STEEL DESIGN shall be entitled, without prior notice of default, to:
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suspend or postpone production, delivery and/or performance of its obligations;
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demand immediate payment of all outstanding amounts; and/or
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require adequate security or collateral, prior to any further performance, in accordance with the Polish Civil Code.
7.3. Interest and Recovery Costs
Unless expressly stated otherwise on the invoice, all invoices are payable prior to delivery at the registered seat of STEEL DESIGN. Any amount not paid on the due date shall automatically and without prior notice accrue statutory interest for late payment in commercial transactions, in accordance with the Act of 8 March 2013 on counteracting excessive delays in commercial transactions, until full payment.
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In addition, the Customer shall owe a lump-sum compensation for recovery costs as provided by applicable Polish law, without prejudice to STEEL DESIGN’s right to claim full compensation for any additional damages incurred. The same shall apply mutatis mutandis to amounts owed by STEEL DESIGN.
7.4. Retention of Title and Repossession
All goods delivered or to be delivered shall remain the exclusive property of STEEL DESIGN until full and irrevocable payment of all amounts due, including principal, interest, compensation and costs, in accordance with Article 589 et seq. of the Polish Civil Code.
In the event of non-payment, delayed payment or refusal to accept the goods, STEEL DESIGN shall be entitled to recover or repossess the goods wherever they are located, at the Customer’s expense, without prejudice to any other rights or remedies available under the agreement or Polish law.
7.5. Taxes and Charges
All current or future taxes, including but not limited to VAT, duties, levies or customs charges, shall be borne exclusively by the Customer.
7.6. Transfer of Documents
Any certificates, approvals, premium documents and/or key cards shall be transferred to the Customer only after full payment of all amounts due, including any interest, compensation and costs, where applicable.
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8. GUARANTEE
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8.1. The following provisions apply without prejudice to the provisions of the law in respect of consumers.
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8.2. For the warranty, STEEL DESIGN will abandon the principle of 10-year liability as referred to in articles 1792 and 2270 of the Civil Code.
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8.3. Incorrect installation, improper use, or third party damage is never guaranteed.
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8.4. Maintenance, wear or displacement costs are always excluded from the warranty.
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8.5. In no case may compensation be claimed due to direct or indirect damage caused by defects. Our warranty is limited to the replacement or repair of the disputed item.
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8.6. The warranty will never go beyond that granted to STEEL DESIGN by glass, paint, ironwork, etc. Glass breach after delivery is never covered by warranty.
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8.7. The warranty expires after the customer has changed or changed the products delivered or changed by third parties or if the customer has not paid all the amounts due in accordance with the agreement