General Terms and Conditions Technet Polska Sp. z o.o.
Status: June 2025
I. Registration
(1) These General Terms and Conditions of Sale apply to all contracts between Technet Polska Sp. z o.o. and its customers. In the case of an ongoing business relationship, they shall also apply to future contracts, even if no express reference is made to them, provided that they have been received by the customer together with an order previously confirmed by Technet Polska Sp. z o.o.. Other conditions of purchase of the customer are binding for Technet Polska Sp. z o.o. only if they are expressly recognized by Technet Polska Sp. z o.o.. Should individual provisions of these General Terms and Conditions of Sale be or become invalid, this shall not affect the validity of the remaining provisions.
The General Terms and Conditions of Sale apply in particular to contracts for the sale and/or delivery of movable goods, regardless of whether we manufacture the goods ourselves or purchase them from suppliers. Unless otherwise agreed, the General Terms and Conditions of Sale in the version valid at the time of the customer's order or in any case in the version last communicated to him in text form shall also apply as a framework agreement for similar future contracts, without the need to refer to them again in each individual case.
3 Our General Terms and Conditions of Sale shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we expressly agree to their validity.
II. Conclusion of contracts
Orders only become binding when Technet Polska Sp. z o.o. confirms the order. Quality assurance requirements and the validity of customer-specific agreements must be expressly agreed in writing. Changes and additions to the terms of the contract require the written consent of Technet Polska Sp. z o.o.
Acceptance may be declared in writing (e.g. by order confirmation) or by delivery of the goods to the customer.
III. Prices
1 The prices are ex works excluding freight, customs duty, import duty and packaging as well as statutory VAT, unless otherwise agreed. Technet Polska Sp. z o.o. is not bound by previous prices for new orders or repeat orders. Unless otherwise agreed, the prices apply only to agreed delivery quantities, delivery lot sizes or minimum purchase quantities and refer to these.
(2) In the case of sales to a destination, the customer shall bear the costs of transportation ex warehouse as well as the costs of any transport insurance requested by the customer. All customs duties, fees, taxes and other public charges shall be borne by the customer.
(3) The purchase price shall be due and payable within 30 days of invoicing and delivery or acceptance of the goods. However, we shall be entitled at any time, even within the framework of an ongoing business relationship, to effect delivery in whole or in part only against advance payment. A corresponding reservation shall be declared at the latest with the order confirmation.
(4) After expiry of the aforementioned payment period, interest shall be charged on the purchase price at the statutory default interest rate stated on the website. We reserve the right to claim further damages for default.
(5) In the event of defects in the delivery, the customer's counter-rights shall remain unaffected.
6. If, after conclusion of the contract (e.g. due to an application for the opening of insolvency proceedings)
IV. Delivery and collection obligations
(1) Delivery dates are not fixed dates unless they are expressly designated and agreed as such. Delivery dates shall commence after receipt of all documents required for the order, the down payment and the timely ordering of materials, if agreed. The delivery deadline shall be deemed to have been met upon notification of readiness for dispatch.
If the delivery is not made after the expiry of the grace period for reasons for which Technet Polska Sp. z o.o. is responsible, the customer is entitled to demand compensation for the damage caused by the delay or to withdraw from the contract if he has indicated his refusal to perform in writing when setting the grace period. Unless Technet Polska Sp. z o.o. has acted with gross negligence or willful misconduct, the damage caused by delay shall be limited to a maximum of 5% of the value of that part of the delivery which has not been performed in accordance with the contract. We reserve the right to prove that the customer has suffered no loss at all or a significantly lower loss.
(3) If we are unable to meet binding delivery dates for reasons for which we are not responsible, we shall inform the customer of this immediately and at the same time inform the customer of the expected new delivery date. If the service is also not available on the new delivery date, we shall be entitled to withdraw from the contract in whole or in part.
4 In the event of withdrawal from the contract by the customer
V. Delivery, transfer of risk, acceptance, default of acceptance
1 Delivery shall be ex warehouse, which is also the place of delivery and any subsequent performance. At the customer's request and expense, the goods will be shipped to another destination. Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest when the goods are handed over. In the case of sale by dispatch, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon handover to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this purpose, we are entitled to charge a lump-sum compensation of PLN 150 per calendar day, starting with the delivery date or, in the absence of a delivery date, with the notification of readiness for dispatch.
VI. Force majeure
Force majeure events shall release Technet Polska Sp. z o.o. from the obligation to provide services for the duration of such events. Force majeure events include, but are not limited to, natural disasters such as fires, floods, earthquakes, hurricanes or other extreme natural events, civil unrest, wars, sabotage, terrorist attacks, epidemics or pandemics and similar unforeseeable and unavoidable events, strikes, lockouts and other labor disputes, power outages or telecommunications line failures, acts of the legislature, government or courts or authorities, regardless of their legality. Force majeure events shall also include shortages of raw materials or delays or obstructions in the supply of raw materials or spare parts or in the availability of means of transportation if and to the extent that they are caused by a force majeure event at the supplier of Technet Polska Sp. z o.o. or by serious market disruptions or are due to the fact that the supplier of Technet Polska Sp. z o.o. ceases production or delivery of raw materials or spare parts for reasons for which Technet Polska Sp. z o.o. is not responsible.
VII. packaging, dispatch, transfer of risk
Unless otherwise agreed, Technet Polska Sp. z o.o. chooses the packaging, shipping method and shipping route at its own discretion. The risk is transferred to the customer when the goods leave the premises of Technet Polska Sp. z o.o., even if the delivery is prepaid. In the event of delays in shipment caused by the customer, the risk shall pass to the customer upon notification of readiness for shipment. At the customer's written request, the goods will be insured against storage, transportation and fire damage at the customer's expense.
VIII. Retention of title
(1) The goods delivered by Technet Polska Sp. z o.o. shall remain the property of Technet Polska Sp. z o.o. until all claims of Technet Polska Sp. z o.o. have been settled in full by the customer.
(2) During the existence of the retention of title, the customer is prohibited from pledging or transferring ownership by way of security and resale is only permitted in the ordinary course of business and only on the condition that he also reserves ownership vis-à-vis his customers in accordance with this section. The customer is obliged to inform us immediately in writing if an application for the opening of insolvency proceedings has been filed or if the goods belonging to us have been seized by third parties.
(3) In the event of resale of the reserved goods, the customer hereby assigns to Technet Polska Sp. z o.o. his future claims from the resale with all ancillary rights by way of security, without the need for further declarations. If the reserved goods are resold together with other items without a separate price for the reserved goods, the customer assigns to Technet Polska Sp. z o.o. that part of the total claim which corresponds to the net price of the reserved goods by Technet Polska Sp. z o.o..
(4) In the event of seizure, confiscation or other dispositions or interventions by third parties, the customer must notify Technet Polska Sp. z o.o. immediately. Upon request, Technet Polska Sp. z o.o.
IX. Duty to inspect and give notice of defects, liability for defects.
(1) The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title (including incorrect and short delivery as well as improper assembly), unless otherwise specified below. In any case, the statutory provisions on the sale of consumer goods and the customer's rights arising from separately granted guarantees, in particular those of the manufacturer, shall remain unaffected.
(2) The basis of our liability for defects is primarily the contract on the quality and intended use of the goods. All product descriptions and manufacturer's specifications that are the subject of individual contracts or that were made public by us upon conclusion of the contract (in particular in catalogs or on our website) shall be deemed to be a quality contract in this sense.
(3) The customer is obliged to inspect the delivered goods for obvious defects and transport damage immediately upon receipt. Obvious defects also include the absence of packaging and the delivery of a different item or an insufficient quantity. Such obvious defects must be reported in writing to Technet Polska Sp. z o.o. within two weeks of delivery. Hidden defects must be reported immediately after their discovery. In the event of a breach of the obligation to inspect and give notice of defects, the goods shall be deemed to have been approved with regard to the defect in question. We are not liable for defects that
X. Terms of payment and default of payment
(1) Unless otherwise agreed, the purchase price for deliveries or other services shall be due for payment without deduction within 30 days of the invoice date.
(2) Agreed payment terms are subject to a positive credit check. Technet Polska Sp. z o.o. reserves the right to carry out a credit check during the term of the contract. If this check shows that the customer's creditworthiness is to be assessed differently than at the time of conclusion of the contract, Technet Polska Sp. z o.o. may demand an appropriate adjustment of the terms of payment, in particular a shortening of the payment periods, advance payments or security deposits.
(3) If the agreed payment date is exceeded, interest will be charged in accordance with the applicable regulations.
(4) If the customer is in default of payment, Technet Polska Sp. z o.o. is entitled to suspend the execution of outstanding deliveries or to demand advance payment and, after a reasonable grace period, to withdraw from the contract or to claim damages for non-performance.