Commercial conditions
GENERAL TERMS AND CONDITIONS
ROGUM KABLE SP. ZO.O.
1. Subject matter
These General Terms and Conditions [Terms and Conditions] shall apply to agreements made with Customers by Rogum Kable Sp. z o. o. with its registered office in Pruszcz Gdanski, 66 Grunwaldzka Street, entered into the Register of Businesses conducted by the District Court in Gdansk-Północ, VII Economic Department, under KRS number 0000010054, with identification number NIP 957-00-17-373, with a share capital of 2.268.500 zł. Rogum] within the scope of the company's business activity concerning the production and sale of electrical power cables [Wiody].
The Terms and Conditions are placed on the Company's website at www.rogum.com.pl in a form allowing them to be stored and reproduced at any time, so that anyone can easily become aware of them.
The Terms and Conditions become binding for the Customer when an order is placed, unless the Customer does not expressly agree to conclude a contract on the basis of them after receiving an offer from the Customer.
In the event that the Terms and Conditions come into force during a continuous contractual relationship between Rogum and the Customer, the Terms and Conditions shall be binding to the extent they are not inconsistent with a previously-established Cooperation Agreement and if the Customer does not revoke them as soon as possible.
2. Request for Quotation
The Customer shall submit a Request for Quotation in writing in accordance with the established formula, including by fax and email to the addresses and telephone numbers of Rogum's Marketing Department [Request for Quotation]. A Request for Quotation which does not meet these conditions shall be the basis for the preparation and presentation of an Offer to the Customer, if the subject matter of the order indicated in the Request for Quotation makes it possible.
Each Inquiry should include:
company name + NIP
wire specification
cross-section
quantity (given in meters)
information if the cable is to be in one or more sections
contact person and phone number.
When requesting a quotation for a wire from outside of Rogum's range (non-standard wire) the Customer must additionally specify
cross-section
number of conductors
voltage
catalogue name
information on application
insulation type
max. working temperature
flexibility
information whether the cable is to be used in fresh/micro/underwater
information whether a guarantee, declaration of conformity, warranty is needed
3. Offer
Following a Request for Quotation Rogum shall immediately, but not before it has established its production capacity and stock levels in accordance with Rogum's Business Management System {IRIS}, present an offer in a form appropriate to the request including at least [Offer]:
the exact name of the wire
factory price + discount/offer price
information on minimum production and surplus production to be invoiced
lead times from the moment of placing the Order
information about the invoicing of pallets and drums and the possibility of their return
information about payments for transport
if there is no cable in the enquiry - proposal of a substitute and its price
information as to whether Rogum has or should produce the cable specified in the Request for Quotation in stock.
The price marked in the offer guarantees you: the highest quality of products, commercial care, guarantee, technical advice, delivery on time.
ALL INCLUDED IN THE PRICE OF THE WIRE.
Rogum offers a chargeable service for repairing damage to cables. This service is free of charge for cables covered by the Rogum warranty. The service is provided in accordance with the Terms and Conditions and made available at the Customer's request.
4. Order
On the basis of an Offer presented to the Customer, the Customer is entitled to place an Order which shall be performed according to the terms and conditions set out in the Offer.
In the case of an order being placed by a new Customer who is not listed in Rogum's database, prior to placing an offer Rogum may request information regarding a Customer's KRS number or business registration details, as well as copies of relevant registration documents, including those confirming tax identification numbers. The Agreement is concluded when the Customer places an Order in accordance with the content of the Offer.
The Customer shall only have the right to withdraw from the Contract if Rogum's Offer includes the information referred to in £ 3, point 1, letter h of these Terms and Conditions - no Cable in stock. The deadline for withdrawal under the conditions referred to in sentence 1 is 2 working days from the date of delivery of the Offer to the Customer.
Any changes concerning the execution of the order by the Customer are possible only in selected cases, depending on the type of change and the stage of production.
£5 Price
The price for Wires as shown in Rogum's current price list or the Partner's offer is based on the market value/price of copper. In the event of a change in the market value/price of copper of not less than 5%, Rogum shall be entitled to change the price of the Wires by such percentage of the increase in production costs due to the increase in copper prices.
Any changes to the prices of Wires in relation to an Order placed shall be based on a new written offer sent by Rogum with justification and calculation of the price change.
6. Delivery
For Orders
up to 3,000.00 PLN net - the cost of loading, transport, insurance for the time of transport, unloading is borne by the Customer; the risk of damage or loss of the Wires is transferred to the Customer when the Wires are placed for loading.
From 3,000,00 PLN net - the cost of loading, transportation, insurance for the time of transportation is borne by Rogum; the cost of unloading at the place of delivery is borne by the Customer; the risk of damage or loss of the Wires is transferred to the Customer at the moment of placing the transport for unloading.
The Wires are delivered by quantity indication in running meters and are measured with certified meters. Running meters shown on the Cable by imprint are used for reference purposes only and cannot be the basis for a claim by the Customer Rogum will not be responsible for costs of cutting the Wires into sections or parts, nor will Rogum be responsible for any cutting which has not been included and accepted by Rogum in the Offer.
The ordered Wires shall be delivered in packaging which protects them from damage during transport in a manner specified by standards or in a manner used by Rogum.
The cost of packaging the Products, in particular drums and pallets, is not included in the price of the Wires and will be charged separately on the basis of customary accounting documents.
The Customer may not refuse to take delivery of the Wires unless the Customer notifies the Carrier in writing of visible external damage to the packaging. Deficiencies
quantitative shortages, inconsistency or incompleteness of the delivery with the order, lack of documentation are not grounds for refusal to collect the Wires. In the case of the missing part the Customer has the right to make a complaint
only under the terms of the granted Guarantee.
7. Payments
Payment of amounts due to the Supplier by the Customer shall be made on the basis of VAT invoices issued.
The date and method of payment shall be indicated each time on the VAT invoice.
The date of payment shall be counted from the day of delivery of the goods together with the invoice or delivery of the invoice by e-mail on the day of sending the delivery if the place of delivery of the invoice and the place of delivery are different.
The date of payment is the date the amount due is credited to Rogum's account.
Failure to make a timely payment despite a written request by the Customer may result in further deliveries being withheld.
8.Warranty
Rogum provides a quality guarantee to the Customer for the Wires in accordance with Rogum's Warranty Terms and Conditions and on the basis of these Terms and Conditions for a period of 12 months from the date of delivery with the exception of warranty provisions set out in the Civil Code Act dated 23.04.1964 (Dz. U. 1964.16.93 as amended). A document confirming the Warranty Terms is provided to the Customer only upon express request made in writing or by e-mail. Warranty].
The Customer shall be obliged, immediately upon receipt of the delivery, to carry out a quantitative inspection and identity check of the products delivered in accordance with the orders placed, under pain of losing
Warranty].
Any irregularities of the Wires shall be recognised under the Guarantee on the basis of a written notification by the Customer made within 3 days of the discovery of the irregularity[Complaint].
Along with the Complaint, unless it concerns quantity shortages, the Customer is obliged to secure the Cable at the Supplier's disposal, i.e. to enable the necessary expertise to be carried out and the goods to be collected by the Supplier. If necessary, a Rogum representative may be sent to the Customer's premises in order to inspect the Cable on site. After the inspection, a written protocol is drawn up and signed by a Rogum representative and the Customer. The findings of the protocol are the basis for accepting or rejecting the complaint.
Rogum is obliged to replace defective products after the quality test results have been presented to Rogum or after the Customer has indicated symptoms of a defective product, if such symptoms are confirmed by Rogum's test.
Rogum is obliged to settle a complaint within 30 days from the date it is made by the Customer, and if this deadline cannot be met for justified reasons, Rogum shall notify the Customer in writing.
In the event a complaint is refused, the goods sent by the Customer are left in Rogum's warehouse and can be collected during Rogum's opening hours. Receipt of the goods in the circumstances referred to in sentence 1 shall be at the Customer's sole expense.
The complaint procedure does not release the Customer from their obligation to pay for the delivery in question, or for any past or future payments, unless the Parties agree to postpone payment. This arrangement must be made and confirmed in writing.
9. Confidentiality
The Customer is obligated to maintain, indefinitely, the confidentiality of information obtained in connection with the performance of the Agreement entered into on the basis of the Terms and Conditions, and is obligated to mutually respect the confidentiality of the company, which is understood in particular to mean technical, technological and organisational information of the company or other information of economic value which has not been made public [Confidentiality Clause].
Information and documents covered by the Confidentiality Clause can only be used for the purpose agreed between the Customer and Rogum, and the disclosure of which requires the written consent of the other party in order to be valid.
null and void.
A breach of the Confidentiality Clause shall constitute grounds for either Party to withdraw from the Agreement if this right is exercised within 30 days of the Party becoming aware of the
breach, and may also constitute grounds for refusal to execute Orders placed or to be placed in the future, which shall not constitute any act of unlawful competition or limitation of
market access.
10. Final provisions
In matters not regulated by the Terms and Conditions the provisions of the Polish Civil Code and other regulations of [choice of law] commonly applicable in the territory of the Republic of Poland shall apply accordingly.
law].
Disputes shall be resolved by the Polish court with territorial jurisdiction over Rogum [Choice of Court].
Changes, terminations, statements of termination or withdrawal from a contract entered into in accordance with the Terms and Conditions must be made in writing to be valid.
Except as provided in the Terms, fax and email are not acceptable [Written Form Clause].
The Terms and Conditions, as well as any amendments thereto, take effect from the date they are signed by Rogum's Board of Directors and posted on the website www.rogum.com.pl and shall apply to Agreements entered into following an Order placed after this date. The existing Terms and Conditions shall apply to Agreements entered into as a result of Purchase Orders placed prior to the date of the announcement of the amendment.
