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General terms and conditions of deliveries at FAST Trade and Technical Office (BTH FAST) - Download PDF PL 
I GENERAL TERMS AND CONDITIONS
1. The present Terms and Conditions of Deliveries include the rules applied by BTH FAST, hereinafter referred to as the “Provider”, when performing, upon the Procurer’s order, any type of deliveries.
2. General Terms and Conditions of Deliveries are integral part of the agreement between the Procurer and the Provider.
3. Exclusion, expansion and any other changes of the terms and conditions below may result only from the statements in the agreement, or other written agreement between the Procurer and the Provider.
II SCOPE OF DELIVERY
1. The documents presented in the offer, such as prints, drawings, data related to weight and measurement, weight and wear of the item, are presented as estimation and are not in force as for the Provider, unless decided otherwise.
2. Subject to provisions of points 3-4, the Provider shall deliver the item as defined by the parameters in the Procurer’s order.
3. The Provider retains discretion to deliver the item of modified parameters, when they do not differ substantially from those defined in the order, and do not significantly influence the item’s properties.
4. Any changes of the delivered item, other than defined in point 3, require, for being effective, written confirmation from both Parties.
5. In case of discrepancies as for the delivered item, a written confirmation of the delivery scope by the Provider is authoritative (effective).
III DELIVERY DATE
1. Considering the provisions below, the Provider shall deliver the delivered item on the delivery date agreed by the Parties. However, partial deliveries are acceptable.
2. The delivery date starts at the moment of sending the order confirmation, however, not earlier than on the day when the account of the Provider is credited with the agreed advancement amount and the Procurer shall provide necessary documents in order to perform the delivery.
3. The delivery date is deemed to be met when, since the moment of its expiry, the delivered item has left the Provider’s site or the Provider reported the delivered item’s readiness for shipment.
4. The delivery date is prolonged of period in which the Provider was not able to perform the delivery due to circumstances, for which the Provider and the subcontractors shall not be responsible. Such circumstances include among others activities related to social actions, strikes, disasters and other unexpected impediments, only if they has significant influence on performing the Delivery. In important cases, the Provider shall immediately inform the Procurer about existing impediment.
5. The Provider shall not consider the impediments, defined in point 4, if they occurred within the delay at the Provider in the delivery period.
6. The Procurer shall accept the delivered items, even if they have irrelevant faults, what has no influence on the rights described in chapter VIII.
7. If the shipment of the delivered item is delayed upon the Procurer’s request, beginning from the month of reporting by the Provider the readiness for shipment, the Procurer shall cover the costs of storing the delivered item in case of storing it at the Provider’s site – at the amount not less than 0.5% of the delivery value for each month.
8. The Procurer who has experienced a loss due to the Provider’s failure to perform the delivery according to the schedule, is entitled, excluding other claims, to claim damage. The maximum amount of the damage is 0.5% of delivery value for each week of delay, however, maximally of 5% of the part included in the delivery that could not be used according to the schedule or pursuant to a contract, due to the delay of the delivery.
IV TERMS AND CONDITIONS OF PAYMENT
1. The price of the delivered item and other costs related to performing the delivery as each/every time the parties shall determine in the agreement, or after confirmation of the order by the Provider.
2. In case of absence of separate provisions, mentioned in point I, the Procurer shall pay the price defined on the basis of the effective price list at the Provider. If the Provider delivers the delivered item from the Provider’s site to the place of destination, the shipment costs are added.
3. The Procurer agrees on calculating the amount of the payables to the Provider, when all the terms and conditions are presented at the moment of ordering.
4. All the payments shall be made in PLN and in the amount calculated on the basis of the selling rate of foreign currencies of the day before issuing the invoice, pursuant to the table of exchange rates of the bank where BTH FAST holds operating account.
5. Unless decided otherwise, the payments shall be performed in the following manner:
a) new components for batch production : 25% of delivery value – at the moment of placing an order; 75% of the delivery value together with remaining costs of completing the agreement – 14 days after confirmation from the Provider on the product’s readiness for collection.
b) spare parts: on the day of reception; parties may agree on the advancement at the amount defined according to the percentage of delivery value.
6. In case of multiple orders of various payment due dates, the Parties may agree that the settlement may take place on one day.
7. In case of a delay in payment at the Procurer side, the statutory interest shall be charged for each day of delay.
8. The Procurer must not withhold the payment and make, without separate agreement with the Provider, any deductions of counterclaims against the Provider.
9. The agreement on deduction from the claim, in case of holding the checking account, covers the final balance.
V WITHDRAWAL FROM AGREEMENT LIABILITY FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF THE AGREEMENT
1. In case of: a delay at the Procurer with taking over the delivered item after reporting its readiness or after entering the order into the production plan, or delay in payment exceeding two weeks, the Provider is entitled to: withdraw the agreement after providing additional 14-day period or claiming damage due to non-performance of the agreement.
2. The amount of the compensation, referred to in point 1, is equal to the amount of the damage born by the Provider, but not less than 25% of the delivery value, unless the Procurer shall present lower damage of the Provider.
3. In the event when the Provider does not exercise the rights referred to in points 1-2, the Provider is entitled to freely dispose of the subject of the agreement. In its place, the Provider shall deliver a similar item within the agreed date and according to the provisions of the agreement.
4. In the event when the Provider withdraws from the agreement by fault of the Procurer, the advancement paid when placing the order of 25% of delivery value shall not revert.
5. The provision in point 4 is also applicable in case of withdrawal from the agreement by the Procurer, unless the fault is on the Provider.
VI CONTRACTUAL RISK TRANSFER AND ASSUMPTION
1. The risk of loss and damage of the delivered item during the shipment from the Provider’s site to the place of destination is placed on the Procurer.
2. The risk is transferred to the Procurer at the latest on the moment of shipping the delivered parts, also in case of partial delivery. This provision is exercised when the Provider, pursuant to the contract, shall cover the cost of shipment or transport.
3. In the event when the shipment of the delivered item is delayed due to circumstances for which the Procurer is responsible, the risk of loss and damage is transferred to the Procurer at the moment of the Provider reporting the item readiness for shipment.
4. Upon the Procurer’s request and on the Procurer’s expense, the Provider may insure the shipment, and in case described in point 3, shall perform, on the Procurer’s expense, ordered safety measures.
VII RETENTION OF TITLE
1. The Provider restricts the right for retention of title of the delivered item until settling the accounts for all the claims resulting from the concluded contract that the Provider is entitled to against the Procurer.
2. In the event when the Procurer, within this period, shall act against the provisions of the agreement, particularly falls into arrears, the Provider is entitles, having previously warned the Procurer, to take over the delivered item, and the Procurer shall release the item. Any costs related to secondary release of the item shall be incurred by the Procurer.
3. The transfer of the item constitutes the withdrawal from the agreement by the Provider only when the Provider explicitly states the decision. Provision of point 4, chapter V is accordingly applicable, moreover, the Provider is entitled to request for adequate indemnity for wearing or damage of the item.
4. Within the period when the subject of the agreement is the Provider’s property, the Procurer is entitled, at prior consent expressed in writing, to transfer the rights granted by virtue of law for the delivered item on a third party.
5. The rights transfer referred to in point 4 may occur only together with transferring the liabilities to the Procurer towards the Provider, however it does not discharge the Procurer from the liabilities resulting from the agreement The Customer and the Procurer are jointly and severally liable to the Provider.
6. The Provider is entitled to request the Procurer to hand in any necessary documents and data related to the transaction and the customer that enable exercising the claims and in order to inform the customers on the assignment.
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VIII WARRANTY
1. The warranty period for the item is 12 months since the place in service date. In the event of devices used in motor vehicles, the warranty period expires at the moment of reaching 100,000 km of the vehicle mileage if this falls before 12 months since the place in service date.
2. Within the period of warranty, the Manufacturer shall, free of charge and as its option, repair or replace for new, the parts that, due to manufacturing defect, became unusable or cause danger when used.
3. A manufacturing defect is considered the defect existing in the item before transferring the risk, even in case when the defect reveals afterwards, particularly faulty structure, improper manufacturing or using improper materials.
4. Warranty shall not cover, in particular, the parts that became faulty due to improper or unworkmanlike use, defective assembling or starting the device by the Procurer or third party, mounting the spare parts of third party origin, natural wear, faulty or inadvertent operation, faulty performed construction works, improper ground, improper replaceable materials, chemical and electromechanical influences unless they occur by fault of the Manufacturer.
5. In the event of unworkmanlike and without prior consent from the Manufacturer, performing changes in the delivery subject or starting by the Procurer or third parties, the warranty is no longer valid with regard to the consequences due to the activities mentioned above.
6. Upon noticing the faults covered by warranty, the Procurer shall notify immediately BTH FAST in writing.
7. Warranty service of DEUTZ A. G. engines is provided on behalf of the Manufacturer by the Provider – BTH FAST company, exclusively on the territory of Poland.
8. The Procurer shall request the Provider to perform the duties resulting from the warranty and provide time and conditions necessary to perform the relevant activities. Otherwise, the Provider is absolved from responsibility.
9. In sudden events of security threat and the risk of disproportionate damages, upon prior Manufacturer notification, the Procurer is entitles to remove or order third parties the removal of the fault and to claim the incurred costs from the Manufacturer. The same is applicable for the Procurer when the Manufacturer delays the fault removal. DEUTZ AG and BTH-FAST shall not be liable for possible loss and side damages that may occur as a result of engine failure and its decommissioning for the time of failure removal.
10. Warranty period for spare parts and repair is 3 months, however it may end before the expiration of the warranty period for the delivered item.
11. The right to submit a claim by the Procurer is extinguished as of the end of 6 months period since the day of proper submission of the complaint, however a minimum after the warranty period expiration.
12. BTH FAST shall not be liable for possible material loss, physical damages and personal injuries which, indirectly or directly, may be caused by the engine failure and stopping certain device for the period for the engine damage removal.
13. Provisions of the preceding points are applicable accordingly to the Provider liability, due to the fact that the delivery subject or its parts do not have the properties of which the Procurer was assured by the Provider. The condition under which the liability is present, is submitting explicit written assurance of the properties.
IX FINAL PROVISIONS
1. Any documents related to the delivery subject, in particular drawings and estimates are the property and the subject of copyright of the Provider. Without the Provider’s consent, it is forbidden to disclose aforementioned items to third parties.
2. The Procurer is obliged to follow the confidentiality statement any information that is company-classified information and trade secret of the Provider and the Manufacturer.
