GENERAL CONDITIONS OF SALE AT ARGIP SP. Z O. O.
for foreign trade
for domestic trade click here
1. Scope of application of the terms and conditions
These terms and conditions of sales and payments shall apply to all concluded agreements. The purchaser hereby accepts the terms and conditions of sales hereunder even if they are inconsistent with (different from) their own terms and conditions for purchases.
2. Prices
The price shall depend on the quantity of purchased goods and the customer’s individual discounts. Prices do not include VAT and transport costs. Sale is for full packages.
3. Delivery - Export
Fastening elements are sold in standard ARGIP packages. The cost of packaging is included in the price of goods. The assortment, quantity and delivery date are carried out under a written and arranged order of the customer. Implementation of orders divided into parts is allowed. The purchaser is charged with a portion of delivery costs invoiced along with the goods. The freight forwarder shall be liable for the delivery of goods. For shipments that require customs clearance, the value of goods must amount at least €150.
Argip shall carry out shipments of goods only under EXW conditions according to the following procedures:
a) Argip orders the transport on the Customer’s behalf and includes the cost on the sale invoice. Argip selects a carrier from their database of carriers, considering the lowest available price for transport services.
b) The Customer collects the goods from the Argip warehouse – in such situations, we charge a hand-over fee of €20.
c) If Argip is to order an international shipment on behalf of the Customer to a carrier other than the one suggested by Argip, a hand-over fee of €20 shall be charged for the goods (as in sub-section b).
4. Standard orders for goods from the warehouse - Export
According to ISO procedures, orders must be submitted in an electronic form (e-mail, web portal). In general, international shipments of goods on an ongoing work day shall be carried out for orders made:
- by 11:00 am (CET/CEST) in case of orders made via the web portal.
- by 10:00 am (CET/CEST) for orders made by e-mail.
Customers without a postponed payment deadline or with an exceeded credit limit must send a payment confirmation by 10:30 am (CET/CEST) in order to ensure the realization of the order. Shipments carried out at later hours i.e., between 11:00 am and 2:30 pm are subject to an additional fee. The fee is 10% of the value of goods but not lower than €10. Should the shipment between 11:00 am and 2:30 pm be impossible (due to reasons unforeseeable by Argip), the recipient shall be immediately informed about it by e-mail.
Orders for goods from buffer inventory can be carried out by up to two days (the customer will always be informed about the actual completion time).
5. Special orders for goods with customer’s individual requirements
Goods being a part of an individual customer order are not refundable and the customer shall be obligated to collect the goods immediately after receiving the information on readiness for sale.
Due to the fact that goods from a special order are manufactured on an individual basis, the final quantity of goods might differ from the quantity in the offer by +/- 10%. Purchase of custom goods shall be subject to an advance payment.
6. Requirements concerning technical documentation
Argip shall reserve the right to reject any claims concerning technical documentation (material certificates, quality certificates and any other) from the customer, if the need for such documentation is not reported before making the order. If the customer reports the need for proper technical documentation after making the order, Argip shall, to the best of its ability, try to provide it.
However, if provision of the a/m documentation appears to be impossible, the customer shall not have the right to file any claims due to the lack of such documentation.
7. Delivery non-compliance - Export
In case of delivered goods that do not comply with the order (in terms of assortment, quantity, quality), the customer shall have the right to file a complaint within 14 days from the date of receipt of the goods. ARGIP shall consider every received complaint within 14 working days from the date of receipt of a written complaint (counting from the first working day after the receipt). In case of a positive consideration of the complaint, ARGIP shall complement or replace defective goods with defect-free products and issue a relevant correcting invoice. ARGIP shall not be liable for indirect and direct damage caused due to reasons attributable to the Purchaser or use of the delivered products against their intended purpose. The transport service and the quality of the delivered shipment shall be the Carrier’s duty. Thus, any discrepancy between the shipment and the delivered documentation must be noted in the consignment note in the courier’s presence. If no such notes are made, the shipment shall be considered inspected and compliant with the documentation. In case of shortage in the shipment resulting from damage, a complaint protocol must be filled in in the form delivered by the courier within up to 5 days from the date of delivery. The Purchaser shall not be entitled to any deductions from the price of purchased goods, unless it results from arrangements between the parties or from the accepted complaint.
8. Payment conditions
On a quarterly basis, ARGIP shall assess the cooperation with the customer in order to determine individual discounts for the Customer and the amount of the trade credit. The basic method of payment shall be prepayment under a pro-forma invoice. If longer cooperation is established, payments by bank transfer, setoff, etc. shall also be possible. In case of unreliable actions of the Purchaser, particularly late payments for the delivered products, ARGIP shall have the right to withhold further deliveries until the due and payable amounts are settled. ARGIP can also process further deliveries under the condition of advance payments. If the customer does not settle the outstanding payments, Argip shall reserve the right to transfer the information on payment arrears to international debt collection companies. We shall also reserve the right to send reminders and calls for payment. In case of purchases of custom goods, ARGIP shall ask for an advance payment.
9. Returns - Export
ARGIP shall reserve the right to strictly refuse to accept returns of sold products. In case of incidental returns or replacement, only products in original packaging and that had been properly stored shall be accepted and the conditions of return must be in advance accepted and arranged with the department of domestic and international sales. The Purchaser’s account shall be credited in the net amount of products delivered by ARGIP reduced by a handling fee of up to 50%. Products manufactured for an individual special order of the Purchaser and products the item value of which does not exceed €120 cannot be refunded.
10. Non-electrolytically applied zinc flake coating acc. to ISO 10683 – zinc flake
Due to the additional protective layer, all fastening elements in the flake coating sold by Argip might not pass tests with screw gage. In the centrifugation process, when the fastening elements are coated with zinc flakes, all holes, sockets and recesses might be filled in. There is also a risk of minor thread damage depending on the geometry of the parts. There might be signs of bonding and a portion of some details might be stuck together. Some parts coated with zinc flakes might be lost, contaminated or damaged during technological processes.
Product loss might be as follows:
In case of very small elements, about 10%,
In amounts over 100 kg, about 3%.
11. Dispute resolution - Export
Argip is always willing to negotiate in order to resolve any disputes with the buyer in an amicable manner. If an amicable resolution is impossible, all disputes shall be resolved subject to the final resolution by the Lewiatan Court of Arbitration in Warsaw, according to the provisions of the terms and conditions of the said court, with one arbitrator, in accordance with Polish law. The process shall be carried out in Polish. In accordance with provisions of the agreement with standards of the Convention on securing international sale agreements dated 11.04.1980.
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