General Terms and Conditions of Sale

1. General Principles

1.1. These General Terms and Conditions of Sale (hereinafter referred to as GTCS) apply to insulation films and geosynthetic products offered by Griltex Polska Sp. z o.o. (based in Złotkowo near Poznań). The GTCS constitute the full and exclusive definition of the terms of sale in the contract concluded by the Buyer’s placement of an order for the delivery of products and its confirmation by Griltex Polska Sp. z o.o. Złotkowo, and they form an integral part of this contract.

1.2. The GTCS are considered accepted at the moment the Buyer receives the order confirmation. Any additional or different terms of sale and other arrangements will only be binding to the extent that they are accepted by Griltex Polska Sp. z o.o. Złotkowo in writing.

1.3. In matters not regulated by these terms, the provisions of the Civil Code apply, and disputes are subject to the jurisdiction of the court competent for the seat of Griltex Polska Sp. z o.o. Złotkowo.

2. Placing and Confirming Orders

2.1. Before placing an order, the Buyer receives the commercial offer of Griltex Polska Sp. z o.o. Złotkowo and, upon request, the Declaration of Performance or the technical specification of the product along with the General Terms and Conditions of Sale.

2.2. In response to inquiries about the availability and prices of products, the Buyer receives a written response (via mail, fax, email), which, however, cannot be considered as concluding a sales contract.

2.3. The prices of products are determined with customers depending on the quantities of products ordered, payment terms, additional technical requirements, and transport conditions. These prices do not include VAT, customs, and other mandatory charges.

2.4. To conclude a sales contract, the Buyer must place a written order, which is not binding until its confirmation is received.

2.5. The confirmation of the acceptance of the sales order by Griltex Polska Sp. z o.o. Złotkowo is made in writing by both parties, specifying the subject and terms of contract execution, based on the product’s technical specification and the General Terms and Conditions of Sale.

3. Delivery Execution and Raising Objections Upon Delivery

3.1. Product deliveries are made in accordance with the sales order confirmation in the form of secured pallet loads. The pallet load contains a shipping specification.

3.2. If the delivery is delayed due to events beyond the control of Griltex Polska Sp. z o.o. Złotkowo—force majeure events such as floods, strikes, road blockades or accidents, power outages, or raw material shortages—the delivery time will be extended accordingly.

3.3. Deliveries may be halted or interrupted without liability on the part of Griltex Polska Sp. z o.o. Złotkowo if the Buyer becomes the subject of bankruptcy proceedings, insolvency, or if there is a risk of seizure or assignment of payment to the Buyer’s creditors, or if the Buyer is in arrears with payments to Griltex Polska Sp. z o.o. Złotkowo.

3.4. Quantity and quality objections to the delivery at the time of receipt by the Buyer’s authorized representative may concern:

  • visible mechanical damage or contamination of the load,
  • non-compliance of the delivery with the specification—product type and/or number of bulk packages.

In such cases, the Buyer should promptly note the objections on the shipping document and prepare a report with the carrier. The Buyer has the right to refuse to accept part or all of the delivery. The entry should identify the delivery, the carrier, and the pallet unit concerned.

4. Complaints Claims

4.1. Complaint claims may concern:

  • non-compliance of the product with the order,
  • occurrence of manufacturing defects,
  • quantity discrepancies in bulk packages—number of products on pallets or rolls,
  • legal defects, such as the lack of documents authorizing entities to introduce the product to the market.

4.2. The basis for considering quality and legal complaints is the purchase document or providing its number, the label of the product being complained about, and submission on the original complaint form with a detailed description of the defect, reference to the WZ document, and, if possible, documentation of it (sample, photographic documentation, etc.).

4.3. The basis for considering quantity complaints is the shipping specification or WZ document.

4.4. Quantity complaints should be filed within 2 days from the date of discovering the irregularities, legal complaints within 7 days, but no later than 1 month from the date of receipt of the ordered goods. After this period, complaints will not be considered.

4.5. Quality complaints should be filed within 7 days from the date of discovering the irregularities.

4.6. A complaint form template is available upon request at Griltex Polska Sp. z o.o. Złotkowo at www.griltex.com.

4.7. Filing a complaint does not entitle the Buyer to withhold payment for the ordered goods.

4.8. Complaint claims will not be recognized in the case of improper storage or improper use of the delivered item.

4.9. In each case, complaint claims and other compensation claims are limited to the value of the complained quantity of a given delivery.

4.10. Griltex Polska Sp. z o.o. Złotkowo is not liable under any circumstances for lost profits, indirect damages, consequential damages, or damages resulting from production stoppage.

5. Transfer of Ownership

5.1. Regardless of the delivery made, ownership of the goods does not transfer to the Buyer until full payment for the goods has been made by the Buyer, along with other amounts due.

6. Payment Terms

6.1. Payments should be made within the deadlines specified and indicated on the sales invoice. If payment is delayed beyond the agreed deadline, Griltex Polska Sp. z o.o. Złotkowo has the right to charge statutory interest without prior notice.

6.2. Payments should be made exclusively to the account of Griltex Polska Sp. z o.o. Złotkowo indicated on the invoice, without any deductions, fees, or transfer costs. Withholding payment or part of the payment due to the Buyer’s claims is not allowed. The settlement of a recognized complaint may only take place based on a corrective invoice, and payments are settled by bank transfer or within the framework of debt compensation.

7. Final Provisions

7.1. All information and documents related to the contract and its execution constitute trade secrets of Griltex Polska Sp. z o.o. and may not be disclosed to third parties without its written consent, nor otherwise used by the Buyer. This also applies to information that the Buyer learned about incidentally and in connection with the conclusion and execution of the contract.

7.2. These General Terms and Conditions of Sale have been in force since August 1, 2016.