General Terms and Conditions of Contracts
1 Application of the General Terms and Conditions of Contracts
1.1. The General Terms and Conditions of Contracts apply to all Contracts concluded by entrepreneurs within the meaning of the Act on Freedom of Business Activity of July 2, 2004 (Journal of Laws No. 173, pos. 1807 as amended) with Z.P.U.H. AMSTAL Maciej Jóźkiewicz with its registered office in Giebułtów at ul. Judyty 18, 32-085 Giebułtów (hereinafter: AMSTAL), unless the Contracts provide otherwise in their content.
1.2. By concluding the Contract, the Ordering Party accepts the General Terms and Conditions and agrees to include them in the content of the Contract.
2 Contract conclusion
2.1 2.1. Announcements, price lists and other information provided by AMSTAL to the public constitute an invitation to negotiations, unless their content clearly indicates that they constitute an offer.
2.2 2.2. AMSTAL fulfills orders on the basis of a written Contract or an order sent by e-mail or fax, confirmed in writing by AMSTAL, unless the order can be carried out under the conditions indicated therein by the Ordering Party.
2.3. If the Ordering Party has placed an order subject to changes in relation to AMSTAL’s offer, the Contract shall come into effect if AMSTAL confirms the changes.
2.4. The lack of confirmation by AMSTAL within 2 days about the possibility of accepting the Ordering Party’s order for execution is tantamount to refusal to execute the order.
2.5. The term of the Contract is specified in the Contract and may be extended by AMSTAL’s unilateral statement in the case of:
a) the occurrence of force majeure, which is understood as a sudden event, independent of the will of the parties, impossible to foresee,
b) the Ordering Party’s failure to make the payment on time,
c) the Ordering Party’s failure to perform the obligations arising from these General Terms and Conditions of Contracts and other agreed in the Contract.
2.6. In the case referred to in point 2.4 above, the deadline for completion is extended by the number of days of the obstacle occurrence and additionally by 3 working days.
3 Remuneration
3.1 Unless the parties agree otherwise in the Contract, the remuneration for the performance of the Contract does not include the costs of packaging, transport, release and insurance in transport.
3.2 The remuneration is increased by VAT in the amount specified in the relevant provisions.
3.3. The Ordering Party shall not be entitled to make any deductions within the meaning of art. 498 of the Civil Code with the remuneration to which AMSTAL is entitled.
4 AMSTAL’s Obligations and Entitlements
4.1 AMSTAL is obliged to provide the Ordering Party with the quantity and quality agreed in the Contract. In the absence of detailed arrangements, average quality of service is required.
4.2 Powder coating color charts are for illustrative purposes only and do not constitute the basis for determining the content of the Contract.
4.3 AMSTAL may perform the Contract by means of subcontractors.
4.4. If the Ordering Party is in arrears with the payment of remuneration, AMSTAL may, after setting an additional payment deadline, withdraw from the Contract with immediate effect. In
such a case, all obligations of the Ordering Party in relation to AMSTAL become immediately due.
4.5. AMSTAL is entitled to charge remuneration for the storage of the subject of the agreement not collected by the Ordering Party within the agreed time limit, in the amount of PLN 100 net for each
commenced 24 hours of storage, starting from the expiry of the designated collection date.
4.6. The qualitative and quantitative acceptance of the subject of the contract takes place at the time of its physical receipt. Upon receipt of the subject of the contract, the risk of its damage or loss is transferred to the Ordering Party.
4.7. Detailed conditions regarding the metal processing service provided by AMSTAL:
a) The order, in addition to the name of the Ordering Party’s company and contact details, should include in particular:
I. order number,
II. offer number and date, if the order is placed on the basis of a previous offer prepared by AMSTAL,
III. specification of elements specifying the number of details,
IV. material(s) from which the order should be made,
V. dimensioned drawings of elements and technical documentation, if required by the subject of the order,
VI. information on the need for AMSTAL to provide a declaration of conformity or certificates for the material(s) from which the subject of the contract will be made,
VII. indication whether the subject of the order will be collected in person or is to be delivered to the Ordering Party, including the indication of the person who is to collect the subject of the order – in the absence of indication, an employee of the company at the indicated address of the company is authorised,
VIII. other necessary elements without which the order cannot be completed
b) The Ordering Party waives the right to obtain information from AMSTAL about the inability of the subject of the contract to be used in accordance with the socio-economic purpose. AMSTAL is bound by the Ordering Party’s instruction to the extent described in the order and released from the obligation to inform the Ordering Party about the circumstance indicated above.
c) The service of abrasive blasting (in particular by corundum, shot blasting, etc.) is performed at the sole responsibility and risk of the Ordering Party and is not covered by the guarantee.
d) In the absence of a different Contract, AMSTAL shall not be obliged to perform deburring, surface cleaning, chamfering, grinding and any additional processing of the subject of the order.
e) In the absence of a different Contract, AMSTAL is not obliged to perform the service of removing the “burr” that arises during laser cutting at the beginning of the laser operation and in the so-called micro-joints used for small details.
f) In the absence of a different Contract, AMSTAL is not obliged to perform the service of removing (by polishing or otherwise) “scratches” that may appear on the bottom surface of the metal sheet, where it is in contact with the grate of the machine’s working table.
g) The minimum value of the service is in the case of:
I. laser cutting – PLN 100 net,
II. bending on the press – PLN 80 net,
III. rolling – PLN 80 net,
IV. welding – PLN 80 net.
The above price does not include the cost of materials.
i) The term of the contract is not shorter than 7 days.
j) AMSTAL is not responsible for changes in the parameters of the material at the cutting edge resulting directly from the use of laser cutting technology.
4.8. Detailed conditions regarding the powder coating service provided by AMSTAL and the rules of granting the warranty:
a) In the case of the repainting service, its price is higher by PLN 15.00 net for each m2 in relation to the currently applicable AMSTAL price.
b) The repainting service is not covered by the warranty.
c) The painting service of elements made of stainless steel is not covered by the warranty
d) The minimum value of the service for a single color is PLN 100 net.
e) In the case of performing the service on profiles of different lengths, the price of the service is 15% higher net in relation to the current price of AMSTAL.
f) For colors with a mat or structure, a surcharge of 15% net to the current price of AMSTAL.
g) The price of the varnishing service for aluminum and steel sections is determined on the basis of 100% of the outer surface of these elements, regardless of the actual surface of the varnishing. In the case of one-sided painting service (e.g. metal sheets, bindings), the area that is the basis for calculating the area of painting service is calculated as follows:
i. width of the lacquered surface of the detail 0-0.15 m – 100% of the detail surface is charged,
ii. width of the painted surface of the detail 0.15-0.25 m – 100% of the painted surface of the detail + 50% of the remaining,
iii. width of varnished area of the part above 0.25 m – charged only of the area of the varnished part.
h) If no special offer number is stated in the text of the order, the current AMSTAL prices shall apply.
i) The surface on which AMSTAL is to perform the varnishing service must not have undergone any previous surface treatment.
j) Machining of the coated material should be performed by the Ordering Party in accordance with the principles of technical knowledge and life experience, taking into account the professional nature of the activities performed. Raw aluminum cross-sections (cut places) must be secured with two-component glue or silicone. Lacquered elements cannot be subjected to material processing consisting in bending, straightening or rolling, or any other process causing a change or structure of the workpiece.
k) Damage to the paint coating caused by degassing of the zinc coating is not covered by the warranty.
l) When applying the same varnish coating on various types of materials (e.g. black steel, aluminum, galvanized steel), differences in color shades may occur, which is not a defect of the service performed.
m) When ordering for varnishing, specify the side of varnishing. In the absence of such information, the service will be performed on both sides.
n) If the order does not specify places for making technological openings, AMSTAL will make them at the risk and responsibility of the Ordering Party in places selected by it.
o) They are not defects of the varnishing service resulting from the technological process of the so-called “reflections from the hangers.” In the case of sections, the properties of the technological process cause the formation of approx. 2 cm of technical waste at each end of the section.
p) In the case of the painting service, the so-called warm profiles (with a thermal break), the varnish coating on the spacer has deteriorated quality and properties, which is not a defect of the service.
q) In the case of painting complex elements in hard-to-reach places, such as nooks, corners, etc., the varnish coating may have deteriorated quality and properties, which is not a defect of the service.
r) In the absence of a material specification for the elements to be powder coated, including the requirements for the maximum processing temperature, AMSTAL’s liability for the destruction of the treated material in a manner inconsistent with the material specification is excluded.
s) The service of powder coating and surface preparation on aluminum casting alloys is provided only on the condition that these materials are suitable for performing the service on them (chromate and chromate-free treatment). If no method of chemical treatment is indicated, AMSTAL will perform any chemical surface preparation of its choice. The list of aluminum casting alloys with such a property can be found in the current requirements “Technical requirements of the Qualicoat Quality Mark for paints, varnishes and powder coatings on aluminum for architectural purposes.”
In the case of commissioning the powder coating and surface preparation service by AMSTAL on an aluminum casting alloy not included in the above catalogue, the service is performed at the sole responsibility and risk of the Ordering Party and is not subject to warranty.
t) Galvanized elements subjected to the powder coating process must be made of quality steel in accordance with the PN-EN-ISO 1461:2011 standard “Zinc coatings applied to steel and cast iron products by hot-dip method – Requirements and test methods” issued by the Polish Committee for Standardization, approval date: 2011-02-24, publication date: 2011-03-04. The content of silicon (Si) and carbon (C) in steel should not exceed 0.5% in total, and the content of silicon should not be in the range of 0.03% to 0.12% and above 0.3%. In addition, the value of Esi = Si+2.5xP (where Si and P are the percentages of silicon and phosphorus in the steel) must also meet the requirements for (Si). The thickness of the zinc layer must not exceed 85 mm. The surface of the zinc coating should be smooth, without beakers and abrasions to raw steel, and free of zinc touch-ups, which may affect the lack of adhesion and cause the coating to gas. If the above parameters are not met, the paint shop reserves the right to apply (with the consent of the Ordering Party) a treatment increasing adhesion (corundum). In the case of abrasions to the raw steel, AMSTAL may suggest an epoxy primer or powder galvanising. The warranty does not cover elements on which the continuity of the zinc coating has been violated.
u) An order for painting galvanized steel must include the following information: “galvanized product for powder coating”.
v) The material subjected to the surface preparation process and then the powder coating process must be made of aluminum alloys or steel, the surface of which has not been oxidised.
w) AMSTAL shall not be liable for differences in the shade or gloss of the varnish coating produced in the absence of a clear instruction from the Ordering Party regarding the need to obtain the repeatability effect and continuation of the powder coating service previously performed for the Ordering Party.
x) They are not a defect of discoloration of the paint coating on the edges of the treated material.
y) They are not defects in the unevenness of the paint coating resulting from the uneven structure of the material.
z) The effects of the Ordering Party’s failure to ensure the tightness of the welds protecting against penetration of the abrasive and chemical bath into the interior of the element do not constitute a defect of the painting service.
aa) Powder-coated elements damaged mechanically, chemically or as a result of an aggressive environment (e.g. acid rain, high insolation, etc.) during their use are not covered by the warranty.
bb) The warranty does not cover painted elements, on which defects caused during use do not exceed 1% of the surface of the painted element.
cc) If the painting service is performed using materials provided by the Ordering Party (e.g. powder paint, chemical reagents), it is not covered by the warranty. AMSTAL may provide a separate guarantee for the above service, provided that the material provided by the Ordering Party complies with AMSTAL’s requirements.
dd) The condition of the guarantee is that an entity authorized by AMSTAL conducts a technical inspection of the elements subjected to powder coating in order to clean
(wash) them in accordance with the instructions – at least once every 12 consecutive months.
ee) Any repair of the paint coating in the case of built-in elements will be performed with renovation varnishes.
ff) The foil and other materials in which the varnished material is packed are intended only for protection during transport and should be removed immediately after the transport is completed. The warranty does not cover defects resulting from the failure to remove the protective foil and other materials, as well as defects resulting from packaging and storage of varnished elements not authorised by AMSTAL.
g) The warranty does not cover defects resulting from storing painted elements in a different way than in dry and airy rooms, excluding exposure to external weather conditions (e.g. UV radiation, temperature, gases, humidity, precipitation)
.4.9 AMSTAL does not guarantee the performance of the surface preparation service itself (e.g. chromating).
4.10 AMSTAL grants a 12-month warranty for the subject of the Contract from the invoice date. Warranty repairs do not extend the warranty period.
4.11. AMSTAL’s liability under the warranty covers only defects resulting from reasons inherent in the subject of the Contract.
4.11.1 Any changes to the rules of the guarantee, in particular its duration and scope, each time require an explicit declaration of the guarantor. The offer in this respect may be accepted only without reservations, and any changes and additions to it shall be deemed invalid.
4.12. The qualitative acceptance of the powder coating service is made before prefabrication. The appearance of the coating is assessed on the critical surface. The Ordering Party must specify the significant surface, which is part of the total surface, significant from the point of view of the product’s appearance and usability. Significant edges, major depressions and secondary surfaces are not included in the surface. The coating on the surface to be marked must not have any scratches extending down to the metal of the substrate. When the surface to be marked is viewed at an angle of approximately 60o to the top surface, none of the following defects must be visible from a distance of 3 m: excessive roughness, sagging, blisters, inclusions, craters, dull spots, pores, pits, scratches or other unacceptable blemishes. The coating must have an even colour and gloss with good hiding power. These criteria must be met under the following assessment conditions:
– for elements used outdoors: viewing from a distance of 5 m.
– for components used indoors: viewing from a distance of 3 m.
4.12.1 In the case of varnishing with metallic paints, slight differences in shade related to the specificity of pearlescent paints (pearl effect) are allowed – different angle of incidence and light reflection from pearlescent particles. The situation may change with the intensity of the sun and the angle of observation.
4.13. The warranty does not cover damage caused by storage, reloading, assembly or use of the subject of the agreement in a manner inconsistent with its intended use.
4.14. The warranty covers only and exclusively elements used in the environment from C1 to C3 inclusive, in accordance with the PN-EN ISO 12944-2: 2001 standard “Paints and varnishes – Corrosion protection of steel structures by means of protective paint systems – Part 2: Classification of environments”, date of approval: 2001-06-13, date of publication: 2001-06-13.
4.15. The complaint is in writing. The complaint should include at least: the order number, VAT invoice number, specification of the subject of the Agreement and a description of the defect. Complaints without the above information will not be considered. The condition for accepting a complaint for consideration is the preparation of a joint inspection report at the AMSTAL plant, unless AMSTAL releases the Ordering Party from this obligation.
4.16. AMSTAL considers a correctly submitted complaint within 14 days from the date of its submission. The above term does not run if it is necessary to perform specialist tests or expert opinions.
4.17. AMSTAL has the right to refuse to consider a complaint in a situation where the Ordering Party at the time of accepting the subject of the contract was aware of the existence of a defect or when the defect is insignificant and does not reduce the utility value of the subject of contract.
4.18. The warranty applies to defects arising at temperatures between -30ºC and +70ºC.
4.19. Entitlements under the warranty are available only in the case of full and timely payment of remuneration by the Ordering Party.
4.20. The Ordering Party should submit a written complaint to AMSTAL within 5 days of the defect being discovered. In the event of visible damage, quantitative shortages or shortages in the assortment, the Ordering Party should note this fact in the delivery note document and submit a written complaint to AMSTAL’s address within 2 days.
4.21. AMSTAL may require a proof of purchase from the Ordering Party before processing a complaint.
4.22. In justified cases, AMSTAL may commission an independent expert opinion aimed at identifying the defect and determining the cause of its occurrence. In the event that the defect was caused by reasons attributable to the Ordering Party or the defect is not covered by this warranty, AMSTAL may charge the Ordering Party with the costs of performing an independent expert opinion.
4.23. AMSTAL shall be liable for the complaint up to the net value of the performed service covered by the complaint.
4.24. Under the warranty, AMSTAL is liable only for the normal consequences of its actions. AMSTAL shall not be liable for the profits and benefits lost by the Ordering Party as a result of filing a complaint, as well as as a result of non-performance or improper performance of agreements by the Ordering Party in relation to its contractors.
4.25. Due to the guarantee provided by AMSTAL, any implied guarantee is excluded.
5 Obligations and rights of the Ordering Party
5.1 The Ordering Party is obliged to pay the remuneration as agreed. In case of doubt, the payment date is determined by the date indicated on the VAT invoice issued by AMSTAL.
6. Detailed conditions for the provision of coating services using the powder coating method.
a) These terms and conditions are governed by the provisions of the detailed terms and conditions for the powder coating service, unless otherwise stated below.
b) The minimum value of the service for a single pattern or color is PLN 250.00 net
c) If the special offer number is not included in the content of the order, the current prices of AMSTAL shall apply.
d) In the case of profiles, the properties of the technological process result in approx. 2 cm of technical waste at each end of the section, which does not constitute a defect.
7. Rules of transport and storage
7.1. In the event that the parties have not specified the transport conditions in the Contract, the Ordering Party undertakes to comply with the following transport, storage and assembly conditions:
a) transport in baskets or on specially designed pallets,
b) transport by a “covered” vehicle that protects the packed material against weather conditions,
c) securing the material against shifting during transport by means of special belts intended for this purpose,
d) do not store in foil or other packaging after transport.
7.2. AMSTAL shall not be liable for damages resulting from the Ordering Party’s failure to comply with the rules set out in point 7.1 above and in connection with the loading, transport, unloading and assembly of the material in a manner inconsistent with health and safety rules, road traffic law and other applicable regulations.
8 Payment terms
8.1. When making a purchase, the Ordering Party may choose the following payment methods:
a) cash:
– payment at the cash desk during the personal collection of the goods at the Seller’s place of business;
– cash on delivery – payment upon receipt of the goods by the Ordering Party from the forwarding company at the delivery address indicated by the Ordering Party;
b) prepayment to the Seller’s bank account;
c) a transfer with a deferred payment date – according to the payment dates and the conditions of the deferred payment agreed individually with AMSTAL;
The Ordering Party indicates the payment method chosen by them in the order.
8.2. Payment by the Ordering Party in the form of a transfer with a deferred payment date requires the Seller’s prior consent. In the case of this form of payment, the goods remain the property of the Seller until the purchase price is paid in full by the Ordering Party.
8.3. In order to obtain AMSTAL’s consent to make a payment by bank transfer with a deferred payment date, the Ordering Party is obliged to prove that the Seller has paid for the goods or services on time at least three times in cash or in the form of a prepayment.
8.4. AMSTAL reserves the right to change the terms of payment and to reduce the credit limit in the event of the Ordering Party’s arrears with payment.
8.5. The Ordering Party is obliged to timely pay the amount due for the goods indicated on the VAT invoice and to pay advance payments agreed with AMSTAL on time.
8.6. Failure to make an advance payment on time for transactions where it is required results in an extension of the order completion time.
8.7. Entrepreneurs who have consent for payment by bank transfer with a deferred payment date are obliged to provide AMSTAL with a list of employees authorised to make purchases and collect goods.
9 Delivery and collection of goods
9.1. The purchased goods are handed over to the Ordering Party at the place where AMSTAL conducts its business. The goods can be sent to the place indicated by the Ordering Party.
9.2. In agreement with AMSTAL, issuing the goods, the Ordering Party may use the services of a selected shipping company at its own cost, which will deliver the purchased goods to the address indicated by it. The basis for handing over the goods to the Ordering Party is the delivery document signed legibly by the Ordering Party.
9.3. AMSTAL may stipulate that in the case of receipt of the goods by a third party, the third party must have a written authorization from the Ordering Party to collect the goods and sign documents on behalf of the Ordering Party.
9.4. AMSTAL, at the explicit request of the Ordering Party, may include in the sale price of the goods the cost of delivering them to the Ordering Party using AMSTAL’s own transport. The terms and conditions of the sale of goods with AMSTAL’s own transport must be individually agreed by the Parties at the stage of placing an order or a framework agreement.
9.5. When collecting the goods in person at the place of AMSTAL’s business activity, the person collecting the goods should check the quantity and compliance of the assortment of goods issued with the order placed. Signing the delivery document (WZ) means confirmation of the quantity and compliance of the assortment of the received goods with the order placed.
9.6. In the case of delivery of goods via a shipping company, the Ordering Party should check the quantity and compliance of the goods with the order placed at the time of delivery of the products by the courier. In the event of non-compliance of the goods with the order or receiving a damaged shipment, the Ordering Party should write down, in the presence of the courier, a report of discrepancies and/or damage to the shipment. The written report should be immediately sent to AMSTAL by fax to the following number: +48 12 419 26 27 or by e-mail to the following address: biuro@amstal.pl. A report documenting the circumstances of the event will facilitate AMSTAL’s consideration of the complaint filed by the Ordering Party in this respect.
10 Final provisions
10.1 The General Terms and Conditions of Contracts are valid from January 1, 2016 until they are expressly revoked.
10.2. The Ordering Party may assign the rights and obligations arising from the Contract only after obtaining the prior written consent of AMSTAL.
10.3 All amendments to the Contract shall be made in writing on pain of nullity.
10.4. Legal relations arising from the Contract, to the extent not regulated in the General Terms and Conditions of Contracts or in the Contract itself, shall be governed by the provisions of the Civil Code.
10.5. Any disputes arising from the Contract will be considered by the court having jurisdiction over AMSTAL.
ADDRESS: 32-085 Giebułtów – ul. Judyty 18
tel.: 12 419 25 57 • fax: 12 419 26 27
www.amstal.pl • e-mail: biuro@amstal.pl
