General terms of sale

I. DEFINITIONS

The term "Conditions" means these General Terms and Conditions of Sale.

The term "goods" means: power generators, agrovolts, water pumps, spare parts and accessories for generators, agrovolts and pumps, as well as other electrotechnical accessories and items that are the subject of sales by the Seller.

The term "Seller" means FOGO spółka z ograniczoną odpowiedzialnością with its registered office in Wilkowice.

The term "Buyer" means any entity, domestic or foreign (legal person, natural person or legal entity without legal personality) purchasing goods from the Seller.

The term "Party" means the Seller or the Buyer and the "Parties" means the Seller and the Buyer collectively.

II. GENERAL PROVISIONS

These Terms and Conditions apply to the Parties in all transactions, regardless of their subject matter, and in particular apply to each sale transaction and each delivery of goods made between the Seller and the Buyer.

Terms or provisions of contracts between the Parties that are inconsistent with these Terms and Conditions shall not be binding on the Seller, even if not expressly denied by the Seller. Such terms and conditions are binding on the Seller provided that he or she agrees in writing to regulate the mutual rights and obligations of the Parties differently from these Terms and Conditions. In particular, acceptance or application of any general purchase terms and conditions of the Buyer or other terms or documents of a similar nature is excluded, including by the Seller signing an order confirmation or any other documents referring to such terms and conditions.

III. CONCLUSION OF A CONTRACT

Catalogs, price lists and other information addressed to customers do not constitute an offer within the meaning of the provisions of the Civil Code.

The Seller's sales representatives act only within the limits of the powers of attorney granted to them. The Seller shall not be liable for the actions of the Sales Representative exceeding the scope of the power of attorney granted to him.

IV. DELIVERY

Orders are considered validly placed if they have been submitted on official forms of the FOGO company available on the website www.fogo.pl or on another form if it clearly indicates all information necessary for the Seller.

The order should specify any non-standard assembly conditions and place of work of the goods. Failure to specify non-standard conditions of installation or place of work of the goods and the actual occurrence of such conditions for a given product excludes the warranty and releases the Seller from liability for exceeding the deadlines.

Delivery dates will be specified by the Seller in the confirmation of acceptance of the Buyer's order or the Seller's offer, but they are estimates and are not binding on the Seller. The Seller will make every effort to make deliveries within the agreed deadlines, but compliance with the deadlines will depend on the timely fulfillment of contractual obligations by the Buyer, including the deadline for accepting the offer or placing a valid order and providing information necessary to complete the order and timely fulfillment of the obligations of contractors or sub-suppliers. Seller to fulfill the contractual obligation undertaken by the Seller towards the Buyer. Any changes reported or requested by the Buyer may result in extension of deadlines. Goods are deemed delivered on time when they are handed over to the first carrier or when they are declared ready for shipment before the agreed delivery date at the Seller's plant.

Unless the Parties have agreed otherwise in detailed provisions, the delivery period begins from the date of receipt by the Seller of the agreed advance payment or deposit, and if no prepayment has been agreed, from the date of delivery to the Buyer of the Seller's confirmation of acceptance of the order for execution.

If the Buyer does not indicate the place of delivery, the deadline is considered met if the goods are prepared for delivery on the specified day.

The Seller is not liable for failure to meet the delivery deadline if the failure to meet the deadline was caused by force majeure or other circumstances beyond the Seller's control, in particular in the event of: refusal to accept the delivered goods, when the conditions enabling commencement or continuation of assembly works are not provided (this applies in particular to the condition of the premises). in which the Devices will be installed) or if it is impossible to connect the goods to the electrical installation. Until the obstacle ceases, the Seller may suspend or limit the delivery, and may also withdraw from the contract if the reason for failure to meet the deadline beyond his control lasts longer than 7 days. The Seller may exercise the right of withdrawal within 12 months from the date of delivery.

The Seller will not be liable for any delay in the implementation of the subject of the contract if the Buyer introduces changes to the subject of the contract that affect the time of production, assembly or commissioning of the goods, failure by the Buyer to fulfill his obligations or as a result of other circumstances attributable to the Buyer.

In the event of suspension or limitation of the delivery, the delivery period is suspended with respect to all or part of the delivery covered by the suspension, until the obstacle ceases.

The Seller reserves the right to process the order up to 90 days after the completion date.

In any of the above-mentioned situations, it is not considered that the Seller has failed or improperly performed the obligation and the Buyer is not entitled to claim compensation or contractual penalties.

Each delivery may be made partially by the Seller. It is the Seller's responsibility to determine the quantity, type or date of the delivered goods.

If a cooperation agreement regarding regular deliveries is in force between the Parties, each individual delivery is treated as a separate sales agreement. The provisions of these Terms and Conditions shall apply mutatis mutandis to each such separate sales contract.

If the Seller delays the implementation of one of the deliveries or if its implementation becomes impossible, the Buyer may withdraw from the contract with respect to the remaining deliveries, but without the right to claim compensation for any damage suffered as a result of the Seller's failure to complete the deliveries.

If delivery is delayed for reasons attributable to the Buyer, the Buyer has not indicated the place of delivery, the Buyer is not ready to collect the goods or if the goods are not collected by the Buyer in due time, the Seller, at its sole discretion and without any liability, has the right to store the goods at the Buyer's risk, changing the delivery terms to EXW Wilkowice Incoterms 2010, invoicing the goods under EXW Wilkowice Incoterms 2010 and charging the Buyer with storage costs, starting from the date of notification of readiness for shipment. If storage takes place in the Seller's warehouses, the storage costs are:

a) in the case of aggregates for which payment is set in PLN: PLN 0.1 net for each KVA of the aggregate's power per day (example: for a 100 KVA aggregate - PLN 10 net for each day of storage),

b) in the case of generators for which payment is set in EUR: EUR 0.025 net for each KVA of the aggregate power per day,

c) for goods other than aggregates: storage costs are 0.01% of the net invoiced value for each day of storage.

The Seller has the right to set another collection date, and after exceeding this deadline, he has the right to withdraw from the contract and sell or dispose of the goods in any way. The Seller may charge the Buyer for withdrawal from the contract a contractual penalty of 30% of the gross order value. The sale or other disposal of the goods does not release the Buyer from the obligation to pay the amount due to the Buyer by the Seller for storage. The Seller may exercise the right of withdrawal within 12 months from the last scheduled acceptance date.

V. SHIPPING, COLLECTION, PREPARATION FOR INSTALLATION

Unless the Parties have agreed otherwise, transport is carried out on an EXW Wilkowice basis according to Incoterms 2010. The Buyer is obliged to organize and pay for transport and loading on its own and bears the risk of transport and loading at the Seller's headquarters.

If the customer wants to collect the goods or collects them himself, the pickup takes place on an EXW Wilkowice basis according to Incoterms 2010.

In the case of delivery via a forwarder or carrier, the risk of accidental loss or destruction of the goods passes to the Buyer when the Seller releases the goods to the forwarder or carrier. The Seller is not liable for any losses or deficiencies in the goods or their packaging occurring after this time.

No later than 7 business days before the Seller ships the goods, the Buyer may report the need to use a special packaging method, type of packaging or means of transport. If they differ from those standardly used by the Seller, this is additionally payable by the Buyer. If the Buyer does not specify the method of packaging, type of packaging or means of transport used for delivery within the time indicated above, the Seller may freely, with due care, choose the method of packaging, type of packaging and means of transport and send the goods to the Buyer.

If the Parties have provided for final acceptance, the following provisions shall apply. If the Buyer fails to proceed with the final acceptance twice or fails to appear for the final acceptance, the Seller will be entitled to independently carry out the final acceptance and sign a unilateral final acceptance protocol, which will have equivalent effects to the final acceptance protocol signed by both Parties. Minor faults or defects that do not affect the functionality or safety of the Devices do not constitute grounds for refusing to perform the final acceptance and signing the final acceptance protocol. If there are no detected faults or defects that significantly affect the functionality or safety of the Devices, the Buyer and the Seller are obliged to sign a fault-free final acceptance report. The date of completion of the assembly and commissioning is considered to be the date of notification of the completion of these works, provided that the final acceptance of the subject of the Agreement is later confirmed by a mutually signed final acceptance protocol.

Unless the Parties agree otherwise, in the case of sale of goods intended for stationary use, the Buyer undertakes, on its own and at its own expense, to:

a) physical presence of the Buyer's representative during delivery, assembly, commissioning and receipt of the goods,

b) ensuring unloading at the place of delivery and depositing the goods in the appropriate rooms referred to below or directly at the place of final assembly,

c) providing rooms protected against access by third parties for storing components of the goods, auxiliary materials and tools, ensuring their safe storage and ensuring proper storage conditions, as well as ensuring the protection of the rooms where the assembly is to be carried out,

d) checking the quality of the delivered goods regarding any visible damage to the goods and informing the Seller in writing about any detected damages within 24 hours of delivery. The lack of such notification is tantamount to the lack of objections.

e) providing the Seller with utilities necessary for the performance of the contract, including electricity, water and a cloakroom with access to sanitary facilities,

f) making arrangements with the energy company and obtaining the required permits,

g) hand over the premises for assembly to the Seller in a condition enabling the execution of the contract, no later than 3 days before the planned commencement of assembly works,

h) preparing the place for placing the goods and the existing installation for its assembly and commissioning, including performing all necessary construction and locksmith works and preparing all necessary electrical installations (including the "box" to which the goods will be connected),

i) final acceptance of the works.

The parties may agree that some of the works indicated above will be commissioned to the Seller or Aggregata SA on the basis of a separate order or agreement.

VI. PRICES

Unless the Parties expressly agree otherwise, the prices given in price lists, offers and confirmations are prices expressed in PLN (domestic sales) or EUR (sales outside Poland) and are net prices (excluding VAT). If the applicable VAT rates change, the gross price will change. VAT will be added to each net price, which the Buyer is obliged to pay together with the net price.

The given prices of the Goods are specified for the standard construction of the device, consistent with the Seller's current offer. Additional technical solutions may be used, if technically possible, for an additional fee paid by the Buyer and after obtaining the Seller's consent.

The price for stationary units does not include delivery costs.

The price for portable generators, agrovolts and pumps includes delivery costs to the distributor; this price does not include delivery costs when:

a) the goods are delivered outside the territory of Poland, or

b) the goods are not to be delivered to the Buyer's registered office address.

If the goods are not to be delivered to the Buyer's registered office address, in particular if they are to be delivered to the end customer's address indicated by the Buyer, the Buyer shall bear additional costs of the logistics service (for transport costs, shipment preparation, adjustment of a specific address) according to the prices provided by the Seller. Devices that are sold for export outside Poland are subject to self-collection by the Buyer.

The Seller does not provide the possibility of personal collection of goods for mobile devices in domestic sales.

The price does not include unloading the products and putting them into the room. The price does not include vertical transport in the room.

If the price is given as the equivalent of a specific amount expressed in a foreign currency, and this currency is devalued after the Seller sends the order confirmation, the delivery price increases in proportion to the devaluation.

The price after placing the order and concluding the contract may change in the event of a significant change in the price of semi-finished products of the subject of sale, e.g. engines or accompanying services, e.g. forwarding, in the event of force majeure or economic crises. In the event of a price change, the Seller will inform the Buyer in writing.

In the case of stationary generators, the contract does not cover and the price does not include the costs of the following works/parts: foundation, anchoring, start-up fuel, cables and cable lugs, designs and arrangements with the power plant, forging, digging, construction works and foundations, connection installations and additional.

VII. PAYMENTS

Invoices issued by the Seller become due and payable on the date specified on the invoice. The day of payment is considered to be the day of payment made in cash, by certified check or the day of receipt of the payment amount to the Seller's account; however, payments are deemed to have been made only when they have been made in full.

If the payment deadline falls on a non-working day, payment may be made on the next business day.

The invoice is also the first request for payment.

Any advance payments or prepayments made by the Buyer will not constitute a deposit within the meaning of the Civil Code, unless the Seller confirms in writing a specific payment as a deposit.

If the agreed payment deadlines are exceeded, the legal consequences of the delay (non-payment) may be taken without notice.

If the Buyer is late with the payment of one or more receivables, the Seller may suspend the performance of its contractual obligations (which extends the contract performance deadline) or make further deliveries conditional on payment or the Buyer providing security for such receivables. The Seller may also withdraw from the contract with immediate effect if the lack of payment lasts longer than 14 days. In this situation, all of the Buyer's obligations towards the Seller become immediately due and payable on the date of the Seller's withdrawal from the contract. The Seller may exercise the right of withdrawal within 12 months from the expiry of the payment deadline.

The Seller shall not bear any negative consequences of the performance of contractual obligations later than specified in the contract if this is caused by the Buyer's delay in payments.

In settlements between the Parties, any mutual deductions are excluded.

VIII. RESERVATION OF OWNERSHIP

The goods delivered to the Buyer remain the property of the Seller until the Buyer has paid the entire sales price.

If third parties submit any claims to the Buyer in relation to goods owned by the Seller, the Buyer is obliged to immediately notify the Seller, send the content of the claim to the Seller and take all actions to protect the Seller's rights. In case of neglect of any of the above-mentioned obligations, the Buyer shall be liable for damages to the Seller.

If the Buyer is late in paying all or part of the amount due for the goods, he is obliged, at the Seller's request, to immediately and unconditionally return the delivered goods in full to the Seller.

A request to return the goods or collect the goods by the Seller does not result in - unless the Parties have agreed otherwise - the Seller withdraws from the sales contract, and only constitutes security for the Buyer's fulfillment of its obligations towards the Seller. The Seller may also withdraw from the contract if he requested the return of the goods or collected the goods and did not receive payment from the Buyer within 14 days of the Buyer's request for payment. The Seller may exercise the right of withdrawal within 12 months from the expiry of the payment deadline.

The costs of delivering (returning) the goods to the Seller are borne by the Buyer.

IX. LIABILITY OF THE PARTIES The Buyer is responsible for the correctness and completeness of the data contained in the order or documentation provided by the Buyer to the Seller.

If the parties have agreed in writing to deliver products or materials that do not meet Polish Standards or other technical or safety standards, the Seller is not liable for any resulting damage.

The Buyer is responsible for the possibility and correct use and the effects of using the goods provided by the Seller in specific construction solutions and final products of the Buyer, even if the Seller was involved as an advisor or consultant in the preparation of the construction and final product of the Buyer.

The Seller is responsible for the possibility and correct use of its goods in specific solutions and final products of the Buyer only if this is expressly provided for in written arrangements between the Parties. However, the Seller shall not bear the above-mentioned liability if the Buyer has not complied with the Seller's express instructions, recommendations or instructions.

The Seller shall not be liable to the Buyer for defects in the product or goods manufactured by the Buyer using goods delivered by the Seller.

The Seller is not responsible for installations and materials used by the Buyer or third parties.

The Seller is not responsible for installations, materials, machines or other parts with which the goods will be connected or cooperate. The Seller is not responsible for incorrect operation of the goods if it is caused by incorrect connection to the electrical installation or if the goods are incorrectly selected for the powered installation. The Seller is not liable for incorrect operation of the goods if it is caused by incorrect operation of the installation, the Buyer or a third party with whom the Seller's goods will be connected or cooperate.

The Seller shall not be liable to the Buyer for any damage, lost profits, loss of profit, loss of use, loss of production, loss of contracts or for any other damage, direct, indirect or consequential, which the Buyer may suffer or have suffered. The Seller's total liability for the execution of a specific order is limited to the gross value of the given order. The above limitations of liability do not apply to damage caused by the Seller intentionally.

X. WARRANTY, WARRANTY, COMPLAINTS

The Seller provides a warranty for the goods sold on the terms set out in these Terms and Conditions and the warranty card issued with the equipment, and in the event of inconsistency between the card and the provisions of these Terms and Conditions, these Terms and Conditions shall prevail. Regardless of the above, the lack of a warranty card means no warranty for a given product.

The warranty period begins on the day the subject of the contract is handed over to the Buyer and ends with the expiry of the time indicated in the warranty card or with the expiry of 12 months or 1,000 engine hours (whichever occurs first). It is possible to extend the 12-month warranty period to a longer one based on a separate agreement.

The Seller will fulfill warranty obligations only after the Buyer presents the warranty card. The Buyer is not entitled to the warranty if he does not present the warranty card when filing a complaint.

The Buyer will immediately notify the Seller if a defect or fault is detected during the warranty period. Defects and failures will be reported to the Seller in the form of a written notification sent by e-mail to the following address: serwis@fogo.pl and to the following address: Serwis@agregaty.pl. A description of the defect will be attached to the report. At the request of the Seller's service, photos or a video illustrating the defect will be attached.

The Buyer loses the rights under the warranty granted by the Seller regarding the entire goods in the event of non-compliance with the warranty conditions specified in detail in the documents attached to the goods, in the warranty documentation or in these Terms and Conditions, in particular such as: mandatory technical inspections, operation of devices in appropriate conditions , operation of devices by authorized persons, use of appropriate fuel, etc.

The Seller declares that the goods delivered to the Buyer meet the quality standards specified in the current offer of FOGO spółka z o. o.

The Buyer or the Buyer's carrier is obliged to examine the goods at the time of delivery for any defects or deficiencies in quality and quantity.

Goods received by the Buyer or the Buyer's carrier without any reservations are considered to be goods without defects.

If the goods were delivered in collective packaging, defects in the goods or quantity shortages should be reported upon receipt of the goods from the carrier.

The Seller will perform warranty repairs (if the goods are covered by warranty) within an appropriate time, taking into account the time needed to organize spare parts and the availability and time capabilities of service technicians. The Seller is not liable for any damage incurred by the Buyer as a result of failure or malfunction of the goods, during the warranty period and after the end of the warranty period, except for damage caused by the Seller intentionally.

If the Buyer reports a fault or defect that in his opinion is subject to the warranty, and as a result of inspection by the Seller it turns out that the goods are not damaged or the defect or damage is not subject to repair under the warranty rights, the Buyer is obliged to pay for the repair performed and covering the costs of transporting the item subject to warranty to the Seller's registered office and from that registered office to the Buyer's registered office or to another place indicated by the Buyer, or covering the costs of transport both ways if the repair is not performed for any reason. If it was not possible to transport the goods and the repair should be performed in the place where the device is located, the cost of transporting the service to the device from the Seller's headquarters to the place where the goods are located will be covered by the Buyer. The Buyer will also cover the cost of service work, materials used and replaced parts according to the Seller's current price list.

The warranty does not cover the unit burning or catching fire for any reason.

The warranty covers only products used and installed in standard conditions. The warranty is excluded if the products are installed in non-standard conditions. Non-standard conditions include installing the unit in closed, permanently built-up rooms, underground, at heights greater than 3 meters above the ground or in places exposed to unfavorable climatic or weather conditions. The costs of all types of repairs and deliveries of the unit to a service center or repair point for a unit installed, used or operated in non-standard conditions are covered by the Buyer. Under the warranty, the Seller does not cover the costs of lifting and lowering the units from a height of more than 3 m above the ground and other costs related to such a unit and repairs carried out in connection with such a unit. The Seller does not cover the costs of work related to removal from closed rooms or assembly in closed rooms, pulling out and inserting into rooms located underground. The risk of installation, use and operation of the unit in non-standard conditions is borne by the Buyer, including the warranty, which is excluded in such conditions.

The Seller may provide an additional warranty for products assembled and used in non-standard conditions for a fee and on the basis of a separately signed warranty agreement in non-standard conditions.

The warranty does not cover any additional costs not directly related to the installation of the unit, e.g. costs of suspending or downtime of the Buyer's or his buyer's production, costs of stopping street traffic, etc.

The warranty does not cover: (1) mechanical damage caused by reasons attributable to the Buyer, third parties or force majeure, (2) materials, installations or parts of the Buyer, (3) work performed by the Buyer or persons unauthorized by the Seller. The Seller is not liable for defects, faults or failures in the operation of the Devices resulting from failure to comply with the operating instructions or manuals, misuse or devastation.

The Buyer loses the right to the warranty in the event of non-compliance with the warranty conditions, improper use of the goods, self-repair or entrusting the repair or service inspection to a third party not authorized by the Seller.

Warranty is excluded by these Terms.

The warranty does not cover the use of the units in marine conditions. The warranty does not cover units installed on ships, boats and other vessels.

The Seller provides a warranty that is valid only in Poland. Taking the goods abroad will result in the loss of the warranty. Warranty repairs will not be performed outside Poland. The Seller covers the costs of warranty repairs only for units used and installed in Poland. Outside Poland, the warranty expires. Any repairs, even during the warranty period, performed outside Poland are borne by the Buyer. If the Buyer wants the Seller to perform a repair abroad, such a repair will be a paid repair in all respects, including paid parts, labor, travel and others. The repair will be performed after the Buyer has paid an advance payment for future repairs in the amount of the estimated repair costs.

Repairs or interference of any kind to the goods or their parts by an unauthorized entity result in exclusion of the warranty.

The shipping company with which the Seller delivers the goods is not considered a subcontractor of the Seller.

XI. WITHDRAWAL BY THE BUYER FROM THE CONTRACT

Apart from the cases of withdrawal from the contract provided for by the Civil Code, the parties may terminate the contract by written agreement. In the event of termination of the contract, the Seller is not obliged to take back the non-defective goods that were the subject of delivery. However, if the Seller agrees for the Buyer to withdraw from the contract and take back the products that are the subject of the orders, the cost of delivering the goods to be taken back by the Seller is borne by the Buyer.

If the Buyer resigns from purchasing the ordered goods, the Buyer withdraws from the contract or the Seller withdraws from the contract for reasons attributable to the Buyer, the Buyer will pay the Seller a contractual penalty in the amount of 30% of the gross order value. The Buyer will pay the contractual penalty after the first written request by the Seller. The contractual penalty may also be deducted by the Seller from the advance payment received.

XII. MISCELLANEOUS PROVISIONS

The Seller will pay the Buyer a contractual penalty of 0.01% of the net sales value to which these Terms and Conditions apply for each day of delay in the delivery of the item of sale or order, counting from the second week of delay, but in no case more than 1% of the net value sales to which these Terms and Conditions apply. The Buyer declares that he is aware of criminal and civil liability for acts of unfair competition, as defined in the Act of April 16, 1993 on combating unfair competition, and in particular of the following obligations:

a) not to disseminate, disclose or use information constituting the Seller's business secret within the meaning of Art. 11.4 of the above-mentioned Act; and

b) not to induce any entity (natural person, organizational unit with or without legal personality) that is a party to the contract with the Seller to fail to perform or improperly perform obligations towards the Seller.

3. The Buyer will not undertake the actions referred to above within a period of 5 years from receipt of the goods to which the provisions of these Terms and Conditions apply.

4. During the term of the contract and after its termination, the Buyer will not disseminate, disclose or use information that does not constitute the Seller's business secret, but whose dissemination, disclosure or use could in any way damage the reputation or otherwise cause harm to the Ordering Party.

5. The Buyer will make every effort to prevent the publication or disclosure of any information constituting a trade secret specified above. The Seller's protection specified in this point is available in addition to and independently of the protection resulting from applicable law. In particular, the provisions of this point do not prejudice the provisions of law or any contractual obligations granting broader protection.

XIII. ADDITIONAL NOTES

The Seller reserves the right to make design changes resulting from the development of technical achievements in relation to the solutions proposed in the current sales offer.

Property rights to all intangible assets protected by the Industrial Property Law and the Copyright Act, in particular works protected by copyright, patents for inventions, utility models, trademarks, trade names, designations of origin, designations of origin, topography of integrated circuits, designs rationalization, information regarding the correct application of inventions, other knowledge and experience of a technical nature, directly applicable to business and scientific activities, information of an organizational and other nature, made available to the Buyer by the Seller as a result of sales to which the provisions of these provisions apply Terms and Conditions are the property of the Seller. The property of the Seller are the objects (media) on which the transferred good was recorded; the Buyer has no right to use them for purposes other than the purchased goods, and has no right to copy, reproduce or make them available to third parties. These documents do not transfer title or imply the granting of any license. Drawings and other documents remaining the property of the Seller are to be returned immediately upon the Seller's request together with any copies made thereof.

The Buyer undertakes not to use for any other purposes, and not to make available or transfer to other entities any elements, information and technical documentation on the basis of which the devices ordered by the Buyer were manufactured.

All sales references and prepared documents available to customers are subject to return at the Seller's request, along with any copies made of them.

After the sale of devices, the Seller has the right to enter the sold device and customer data on a standard reference list, including the name and type of the device, date of sale, customer name (except for personal data of natural persons) and country. Signing these Terms and Conditions is tantamount to the Buyer's consent to including this data on the reference list. Any objections may be reported by the customer in writing.

In case of violation of any of the provisions of this Article XIII or Article. XII, the Buyer will pay the Seller a contractual penalty in the amount of 100% of the gross contract value. If the value of the damage exceeds the value of the contractual penalty, the Seller has the right to claim compensation in full.

The Seller may entrust the provision of services such as installation and/or commissioning of goods, rental of goods, performance of warranty obligations and repairs, inspections or services to entities authorized by the Seller, including Aggregaty SA

XIV. FINAL PROVISIONS

The law applicable to these Terms and contracts between the parties is exclusively Polish law. In matters not regulated by the provisions of these Terms and Conditions, the provisions of the Civil Code shall apply accordingly. The application of the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980 (CISG), is excluded.

If agreements and terms of purchase are prepared in Polish and a foreign language, the authentic language of the agreement or contract is Polish. In the event of differences between the Polish version of the contract and a foreign one, the wording of the Polish version shall prevail. In the event of differences between the Polish and English versions of these Terms and Conditions, the Polish version shall prevail.

Any changes to contracts concluded between the parties must be made in writing to be valid.

Any changes, additional arrangements, suspensions or terminations of these Terms and Conditions require the written consent of the Seller.

The place of performance of contracts between the Parties is Wilkowice.

Any disputes arising from these Terms and Conditions and contracts based on them will be resolved by the competent courts in Leszno or Zielona Góra, at the discretion of the plaintiff, and in the case of the property jurisdiction of the district court, the District Court in Poznań.

These Terms and Conditions apply only to entrepreneurs. Their use for individual (consumer) sales is excluded.

Version valid from March 18, 2020.