General Terms and Conditions of Cooperation

General Terms and Conditions of Cooperation

I.                    Scope of application

The orders shall be realized exclusively on the basis of the following conditions . The deviating arrangements require the written confirmation.

II.                  Prices

1.       The pricess quoted  in Printing House offer are valid the data contained in the order. The price offer of the Printing House expires after 30 days from the date of receipt of the offer by the client, unless it is clearly stated otherwise..

2.       For orders with delivery to third parties, the ordering party is considered the Employer. Printing House prices do not include VAT and include packaging and shipping costs to the address given in the offer

3.        Additional changes  from the ordering party's order, including any resulting machine downtime, are charged to the customer.

4.       Sample prints, ozalids, proofs, changes to the files provided / sent and similar preliminary work will be counted, even if the order will not be later.

III.                Conclusion of contract

1.       Printing House offers are not binding. The customer has the full right  to technical changes or other changes in the query.

2.       Your order by E-mail constitutes a binding basis for concluding an agreement for the sale of services / goods offered by the Printing House.

3.       The contract  only comes into effect when Printing House sends the order confirmation to the ordering party by e-mail.

4.       If the Printing House does not receive  any denying information within 24 hours of sending the order confirmation, the order shall be accepted for execution as in the confirmation.

IV.                Realization

1.       The term of the order realization  is set individually  and applies provided that the correct graphic files and possibly other agreed materials are delivered to the client in good time .

2.       Failure to deliver correct file/ materials within the prescribed period  shall release the Printing House from compliance with the agreed order execution date.

3.       Introduction of all kinds of changes (e.g. change of any work parameters, i.e. type of paper, size, method of bookbinding, change of place or method of delivery and other departures from the original order), at the moment of production start, may result in extension of the deadline. The introduction of such changes may be subject to additional costs. If the customer does not accept additional costs, the order is processed in the original version.

4.       Introduction of any kind of changes to the order accepted for execution must always be  confirmed in writing or by e-mail.

5.       In special cases, the Printing House may refuse to execute the order, without giving reasons after familiarizing with the project or details of the order, no later than on the second day after receiving the order.

V.                  Delivery

1.        When sending the goods , the risk is transferred  to the customer when the shipment is forwarded to the person performing the transport. The recipient of the goods is obliged to unload the goods and provide the means necessary for unloading.  Deliveries using a lift are organized only at the customer’s request and involve all additional costs .

2.       Deliveries dates are valid only if they have been provided by the ordering party. Delivery dates depend on fixed dates for submitting files for printing or their release for printing.

3.       Production breaks – both  at the contractor's plant as well as at the co-operator, - such as strike, lockout and all other cases of force majeure, authorize to terminate the contract only if the customer cannot agree to further delays, otherwise the delivery date is shifted by the delay period. The contractor's liability is excluded in these cases.

4.       The Contractor shall be entitled to retain and print the patterns by the client, stamps patterns, manuscripts, raw materials and other items until all claims arising from the commercial relationship have been settled.

5.       Obligations of the ordering party after receiving the delivery:

·           The customer shall be obliged to sign and seal  the following documents received by the driver : CMR and delivery consignment and handing over these documents to the driver.

·           The customer shall be liable for any losses caused by failure to meet the above requirement.

VI.                Reservation of ownership

The delivered goods remain the property of the contractor until full  payment, in particular until checks are carried out, and all existing debts, until the date of issuing the account of the principal's claim against the contractor. For further sales  the principal is only authorized in the proper course of the proceedings. Pledging or transfer of ownership to secure claims is not allowed. The customer assigns his claims from reselling to the contractor. The Contractor accepts this withdrawal.

VII.              Payments

1.       In case of the first order , the new client shall be obliged to pay a prepayment in the amount agreed with the Client’s Supervisor in order to cover him with insurance.  The minimum value of the prepayment is 30% of the value of the entire order. It shall be paid before starting work.

2.       New clients shall be obliged to provide the Printing House with company documents (company registration, tax identification number, court register, board structure). Without providing documents, the orders will be processed only with 100% prepayment.

3.       The Employer has the right to deduct from the invoice only undisputed  or legally valid claims or may apply the right of retention.

4.       If, after  the conclusion of the contract, it appears that the payer is unable to make the payment, the contractor may then request a prepayment, stop the delivery of the goods and stop the further execution of the order.

5.       In case of late payment, as well as when goods are not collected, interest is charged for a delay of 8% and for issuing a request for payment PLN 50. If the payer fails to receive payment after 8 business days from the call, he will go to court for proceeding

6.       The client shall be liable until the final payment also in case of issuing the invoice to a third party.

7.       If, at the request of the client, for the reasons for which he is responsible, the goods will be sent to him again, he bears the costs of such shipment.

8.       If, we are dealing with a customer who is based in the European Union  and has a valid European VAT number, then the contractor issues an invoice without proof of VAT. If, on the basis of an incorrect VAT number, the delivery is treated as being exempt from tax, this is based on data incorrectly provided by the customer, whose contractor, even with due care, was unable to check, the principal should pay the tax he avoided. If we are dealing with a customer who is based outside the European Union, an invoice will be issued with due VAT.

9.       If the order requires the preparation of more paper or cardboard, special materials or preparatory work, an advance payment may be required.

VIII.            Warranty / Complaints

1.       The Employer shall be obliged to check the compliance of the files provided with the order as well as any pre-products or semi-finished products sent.

2.       Complaints regarding the quality of printing or finishing should be reported on the complaint report provided by the Printing House and sent in electronic form to the Customer's supervisor keeping the order within 7 days from the day of delivery of the goods collection people. After this time, the complaint will not be considered.

3.       Complaints regarding the damage to shipment in transport must be reported and recorded at the time of receipt of the goods. The recipient must draw up a complaint report with the participation of the forwarding company and immediately notify the Printing House.

4.       Protocol of damage written at the dispatch site at the presence of both parties  (shippers/un-loaders and carrier/ driver )must contain the following information:

·         Date and place of drawing up the protocol

·          Route on which the goods were transported

·          Quantity and weight of the transported goods

·          Description of damage

·          Signature with the stamp of the shipper / un-loader

·          Signature with a carrier’s stamp (driver) in the absence of a stamp, transport company name, driver’s name and number of identity card.

5.       Each time in case of damage it is obligatory to prepare a photographic documentation and enter in the CMR the document   that the goods have been damaged and rely on the written damage report.

6.       In case of justified complaints, the contractor  is primarily obliged and entitled to choose between repair and / or replacement delivery. If the contractor fails to fulfil the obligation during the relevant time or if the repair, despite further attempts fails, the client may demand compensation (reduction) or withdrawal from the contract .

7.       Defects of part of delivered goods do not entitle to the complaint of the whole.

8.       The contractor shall be responsible for the insufficient quality of the materials used only up to the amount of the claim against  the supplier of the materials. In this case, the contractor is released from liability if he waives his claims against the supplier to the client. The contractor is liable as a guarantor, if there are no claims against the supplier through the indebtedness of the contractor or they cannot be invoked (they do not apply )

9.       Beside, liability for errors that do not affect the value or  usefulness of the product or only slightly reduce it, is excluded.

10.   The recipient of the goods is required to check the quantity of the delivered goods and report and defects to the Printing House within 7 days from the date of delivery  or receipt of the goods. Quantities over and out of print and out of stock up to 3% of the ordered quantity cannot be the basis for a complaint.

11.   If the  files provided by the client do not meet the requirements  of the Printing House, they will not be prepared for printing, which the client will be informed about. This applies mainly to low-resolution files and files with unsettled fonts.  Any possible  colour differences or insufficient quality of the final product cannot be advertised. A total coverage of over 300% for coated paper over 150 and 280% for thinner coated papers and uncoated papers may give rise to unsatisfactory print quality. However, this is not the basis for complaints.

12.   Deviations arising during the bookbinding treatment, such as jumps during folding up to  2 mm, cannot be complained.

IX.                Confidence/Documentation

1.       The Employer is not allowed to provide third parties with commercial  technical and other information obtained from us, unless the information is generally known or otherwise legally made available. This also applies to the situation after termination of the contract .

2.       All materials provided by us must be returned together with the copies made  after the end of the contract for our first application, unless the purchaser is entitled to their further use

X.                  Ownership, copyright

1.       Printed materials and electronic publications are produced on the basis of the client’s substantive guidelines. For this reason, the client guarantees the  printing house that he is fully entitled to unrestricted use and dissemination of all data provided or shared templates, including texts and images for use.

2.       The client also guaranteed that by executing the order given to us for printing, no industrial property rights or copyrights  of individuals have been violated, and their content does not violate antitrust laws, as well as good manners.

XI.                Privacy policy / Data protection      

1.       The contractor shall be obliged to present to the customer the type, scope and purpose of collecting, processing  and using the personal data necessary for realization of the orders.

2.       Your data stored with us will be treated as confidential and only if necessary transferred to our partner companies to fulfil Your order. Your data is not transferred to other companies for the purpose of advertising and market research.

3.       The customer agrees collection, processing and use of his personal data in a clear manner. Consent to the storage and processing of your data, it may at any time cancel in writing or by sending an e-mail to the Printing House. This means that the profile is completely removed from our database.

XII.              Choice of law/ Place of implementation/Jurisdiction

1.       General Terms and Conditions of TOLEK’s cooperation  apply only to the rights of the Republic of Poland

2.       The competent court in disputes regarding contracts between the Employer and the Contractor is the District Court in Tychy/Poland