SERVITECH
Jasin, ul. Poznańska 23-25
62-020 Swarzędz
T +48 61 840 80 26 w.64
e-mail: jakub.pokorski@servitech.net.pl
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DISTRIBUTORS
PROFIT Przemysław Wójtowicz
ul. Kopernika 8 m. 4
21-500 Biała Podlaska
kom. +48 604 585 065
ip2@poczta.fm

Sitaniec Technology
ul. Żródlana 16
22-400 Zamość
+48(84) 638 43 28

Mirosław Drzewiecki
kom. +48 668 181 261
mirek@sitaniectech.pl
Sales conditions


General resolutions

Sale and licensing by IP System Control, Ltd. (hereafter called the Seller) of products and services (including products like hardware, firmware and software, services like training, programming, maintenance, technical support and services connected with delivering spare parts and repairs - together "Products") delivered on the basis of the sale contract come under General Conditions of Sale (and all sorts of written specifications and quotations of the Seller). Whichever supplements and changes of these conditions are not binding for the Seller unless the Seller agrees to it in writing in a document underwritten by the entitled representative in the Seller’s main office. The Seller does not accept any other conditions of the customer placed on the order or in another place, which are not compatible with these or other conditions defined in specifications, quotations or on confirmation of the order.


Terms of payment - for the first purchase – cash or pro forma invoice;
- for the second purchase – bank transfer within 7 days;
- for the third purchase and the following – bank transfer within 14 days of the date of invoice.

The Sellers reserves the right to change the conditions of the contract in case of delay in the payment. The payment in form of deduction is not permitted, unless the Seller accepts it. Interest by virtue of payments in arrear will be added to unpaid invoices in the form of default interest according to law. If the Seller does not accept in writing another term, the day of payment will be the following: With reference to shipment cost and the risk of losing the Product, delivery conditions are the EXW (Ex Works) conditions. Until the full payment, the owner of the Products is the Seller, except intellectual property rights connected with the Products (e.g. with firmware and software) which belong to the Seller (or the Seller’s suppliers and license holders).


At the same time these products are rendered accessible or licensed
only to the customer’s use on the basis of the present contract or another license contract concluded with the seller. The accepted shipment dates are given approximately and depend on receiving fast indispensable information from the customer. The parties are not responsible for delays in delivery.


Warranty


B. Software and firmware:


C. Repairs In a workshop and on-site replacement


D. Services:


E. Customer’s specyfikations:


F. Means of law:


G. General resolutions:

a) the Seller is notified immediately in writing and

b) investigation carried out by the Seller satisfied him in the way that the alleged did not result from: misuse or misapplication; negligence, wrong installation maintenance, repair, alternation or modification; an accident or unusual wear or decrease in quality of the Products or their parts considering the physical environment and some electrical or electromagnetic interference.


H. Limitem liability

The Seller is not liable for any accidental damage – indirect or consequent one, the total liability of the Seller for the remaining claims and obligations including liability for direct damage and obligations resulting from exemption from liability, independently of whether they were covered by an insurance or not, will not exceed, the cost of the Products that are the basis of lodging a complaint or of the created obligation.
The complaint against the seller has to be lodged within eighteen (18) months of the created basis to lodge a complaint. The exclusion and liability limitation under discussion will be applied independently of whether the contract contains other resolutions and whether the complaints, either because of breach of contract unlawful act in the light of the Civil Code will also comprise the suppliers of the seller, appointed distributors and other authorized resellers as outer beneficiaries. The contract resolutions about the limited liability, warranty exclusion or the exclusions of a term or exemption from damage liability are self dependent and independent of other resolutions and as such will be executed.


Property – confidentiality

All elaborations, plans and documents consigned to the Buyers care in connection with the sale of goods and services are confidential, i.e. the Buyer can make use of them only for this own needs and may not render them accessible to the third party and is obliged to secure them from other people’s access.


Software and firmware under license.

Products in the form of software and firmware may come under additional terms defined in separate license contracts of the Seller; the contracts that will be superior in an essential range to the terms defined in the contract under discussion. These products will not be delivered or rendered accessible until the Customer accepts the terms contained in separate license contracts.


Packages and designations

The indicated by the Customer way of packaging and placing the designations can be charged additionally; these charges in other cases are not included in the price of the products.


Weight and dimensions

The given weight and dimensions are only estimated values or approximate ones and they are not a matter of warranty.


Quotations

If not stated otherwise quotations drawn up in writing are valid for 14 days. Verbal quotations expire on the day they are submitted. All spelling errors and secretarial mistakes in the quotation are corrected by the Seller. Then the Seller is authorized to define a new term of quotation validity.


Prices

Prices and another information published by the Seller (also in catalogues of products and brochures) may be changed without prior notification and are confirmed by separate quotations. The prices of goods and services indicated in quotations and price lists do not include value added tax (VAT) and will be increased by a binding rate of this tax. These publications are not an offer for sale but are only a source of general information. The Products that comprise the time spent and material used will be rendered according to the published price list of the Seller’s services that is binding on the day these services ale rendered, unless the written quotation of the Seller or confirmation of order acceptance states otherwise. Time paid for a given service includes journey to the place of rendered service and the way back from that place and all the time during which the Seller’s representative is available and is waiting to render the service (at the place of the service rendered or out of it).


Changes

Changes In the order introduced at the Customer’s request, including the changes of a kind, range and conditions of delivery of the Product have to be documental in writing and accepted before by the Seller and undergo alterations of price, schedule and the remaining conditions / terms. In every case the Seller reserves for himself the right to reject the alternations which he finds risky, unfavorable considering technology, not in conformity with the settled guidelines or standards in the Seller’s possibilities regarding the project or workmanship.


Returns

All Products can be returned after the Seller’s consent. The return of the Products that were not used but are suitable for sale and that are not the matter of guarantee are subject to regulations concerning the returns at the Seller’s in a particular period together with appropriate charges and other conditions of the return. The Products returned within the guarantee should be properly packed and sent to the place defined by the Seller. The shipping containers have to be distinctly designated according to the Seller’s recommendations and the charge for freight has to be paid by the Customer in advance.


Cancellation of an order

The Customer can cancel an order before shipment only after sending a written notification or after paying the Seller a justified charge for canceling an order and for storage, including the returns of direct costs increased by commission for disturbances. The charges for canceling an order for the Products made to special order or according to the Customer’s technical data may be equal to the current selling price of the Products.

The Customer is authorized to cancel an order with a given reason at any time after sending a written notification and the Seller will have a right to the charge for canceling an order and to charges for storage, according to the above regulations. Cancellation of a contract by the Customer with a given reason will be effective if within forty five (45) days after receiving the written notification from the Customer about an alleged reason, the Seller will not remove it.


Circumstances outside our control.

The Seller will not be liable for losses and delays for not meeting obligations resulting from the contract under discussion caused by circumstances beyond the justified seller’s control including e.g. accidents, events caused by the customer, actions by civil or military authorities, fires, strikes, floods, epidemics, restrictions during quarantine, war, unrests, transport delays. In case of such a delay, the date the Seller is entitled to will be prolonged by the time necessary to make up for a delay.


Delivery conditions and property right.

The above warranty replaces any other warranties express or implied ones, including the implied warranties that concern the usefulness for sale or for a defined purpose; and it does not comprise warranty of efficiency and performance also with reference to the whole application and is used only in the case of the Customers that buy from the seller or his appointed distributors. On the strength of the present Agreement the parties exclude liability by the right of statutory warranty resulting from the Civil Code. Warranty is applicable only if: The above warranty is limited to, according to the Seller’s decision, replacement, repair, regeneration or product modification or the price discount of the Products in appropriate cases, after the Products had been returned in prior agreement with the seller. The mentioned Products may be new or regenerated. The Customer will cover a cost of repair within warranty (consisting of time, traveling cost and other costs connected with services) carried outside the seller’s workshop.
The Seller does not guarantee and is not liable for parameters concerning the project materials or workmanship delivered or determined by the Customer and used in the Products, as well as for the Products manufactured or delivered by other producers or suppliers defined by the Customer. The warranty for the Products defined by the Customer is limited to possible warranty provided by the original manufacturer or seller exclusively, who is not the Seller, admissible under the present contract.
The Seller assures that the Products i.e. technical support and programming applications to order, whether they are paid according to the fixed all round price or on the basis of the time spent and material used, will be done according to generally accepted rules in the line of business within the range these services are approved in writing and agreed beforehand by the seller. Hereby, all other warranty rights in the range of the services offered are excluded.
The seller assures that within a period of six (6) months of the date o fan invoice drawn up by the seller or distributors appointed by the seller, depending on a given case, the Products i.e. equipment delivered on the basis of the present contract that is on condition of payment (and that is not under warranty) repaired in a workshop or replaced on-site, will not contain any faults in material and workmanship . The products replaced can be new or regenerated.
If a licence cotract is concluded by the seller or distributors appointed by the Seller (depending on a given case), the Products i.e. software and firmware delivered on the basis of this cotract and used by computers defined by the seller, will work according to the published technical data which was drawn up, approved and issued by the seller. The seller does not give any assurance or provide warranty either express or implied one that the products i.e. software or firmware will meet the requirements of the Customer. Warranty for modifications introduced into software or firmware holds good within three (3) months of the date of shipment to the Customer or within the rest of the remaining warranty period, depending on which period is longer.


A. Equipment:

The seller assures that within a period of one year of the date of an invoice drawn up by the seller or distributors appointed by the seller, depending on a given case, the products in the form of equipment will be suitable for sale and will not have any defects in workmanship, material and design. The repaired products or replaced ones, offered due to warranty come within a similar warranty within a period of six 6 months of the date of send shipment to the Customer or within the rest of the remaining warranty period depending on which a period is longer.