Terms and Conditions of Purchase
1. General Provisions
1.1 The General Terms and Conditions of Purchase, hereinafter referred to as the GTC, set out the rules governing the cooperation between Suppliers and Rogum Kable Sp. z o.o.
1.2 The performance of any commercial activity with Rogum Kable shall be deemed to constitute acceptance of the GCP. No terms and conditions set by the Supplier shall apply to Rogum Kable unless accepted by Rogum Kable in writing or electronically via email
2. Compliance with the order
2.1 The Supplier shall supply materials/services in accordance with the technical specifications and the terms and conditions of the purchase order. Should the ordered material/service be required to undergo specific tests, the Supplier is obliged to attach the relevant certificate together with the delivery note.
2.2 Only materials that meet the quality requirements specified in the safety data sheet, technical specification or resulting from prior agreements with the Supplier may be used for the manufacture of the products or the provision of the service covered by the order. The Supplier is obliged to notify the recipient in writing or electronically via email of any changes to the product/service and/or process, and to obtain renewed approval for the fulfilment of the order. The Supplier is obliged to communicate the requirements regarding purchase-related documentation to its own suppliers and to conduct reviews jointly with Rogum Kable.
2.3 The Supplier shall confirm the order completion date provided by Rogum Kable in writing or electronically via email on each occasion; should the Supplier make any changes to this schedule, it shall notify Rogum Kable of such changes in writing, electronically via email, or by telephone, giving adequate notice. Changes to the ordered product range or an extension of the scope of the order shall form the basis for negotiating new delivery dates. New delivery dates must be agreed in writing or electronically via email.
2.4 The Supplier shall, within 2 days of receiving the order, confirm in writing or electronically via email that it has accepted the order for fulfilment. The absence of any objections in the confirmation regarding the terms proposed in the order shall be treated as equivalent to their acceptance. Acceptance of the order shall be treated by Rogum Kable Sp. z o.o. as equivalent to the conclusion of a cooperation agreement covering the scope of the order.
2.5 The Supplier is obliged to notify Rogum Kable in writing or electronically via email of any non-conforming product arising in connection with the order, and to obtain approval for such material.
3. Price and payment
3.1 The price for the goods/services is stated on the order and shall remain applicable until the parties agree on a new price in writing or electronically via email. Unless otherwise agreed in writing or electronically via email, the price stated for the goods/services shall be a fixed price.
3.2 Payments shall be made by the date specified in the purchase-sale confirmation document issued by the Supplier.
4. Delivery and transfer of ownership
4.1 Unless otherwise specified, the agreed delivery terms shall be carried out in accordance
with “INCOTERMS 2020”, taking into account any updates. The acceptable clause for the Supplier shall be “DAP”, at the location specified in the order.
4.2 The Supplier shall pack the parts in accordance with the instructions provided by Rogum Kable.
5. Warranty and fitness for the intended purpose.
5.1 The Supplier shall immediately notify the relevant recipient and the relevant purchasing department at Rogum Kable in writing or electronically via email of any defective materials, whether detected or anticipated to be detected, which have been dispatched to Rogum Kable.
5.2 The Supplier guarantees that the subject of the order will be executed in accordance with the documentation provided, to the best of its technical knowledge.
NOTE: Rogum Kable, our Customers and their supervisory authorities reserve the right to inspect the Supplier, all arrangements relating to orders and all other relevant provisions.
6. Liability for defects or other non-conforming deliveries
6.1 Rogum Kable shall immediately notify the Supplier in writing or electronically via email of any identified quality defects in the product or shortfalls in quantity, specifying the manner and conditions for handling the complaint.
6.2 If the defective material cannot be replaced immediately (within a timeframe agreed by the parties and confirmed in writing or electronically via email) or if there is a risk of disruption to Rogum Kable’s production or to deliveries made by Rogum Kable, Rogum Kable shall be entitled, without the Supplier’s consent and at the Supplier’s expense, to cancel the purchase in whole or in part, and to make a replacement purchase from another supplier or suppliers.
6.3 In the event that a delivery does not contain the quantities specified in the order, Rogum Kable shall be entitled to demand that the discrepancy be rectified without delay, and the Supplier shall compensate Rogum Kable for all costs arising from or related to the delay or shortfall in the delivery. If the Supplier has delivered quantities exceeding those ordered by Rogum Kable, the company shall not be liable for accepting the delivery or for storage, and shall additionally be entitled to return the surplus to the Supplier at the Supplier’s expense and/or to claim reimbursement of storage costs from the Supplier.
6.4 In the event of a delay in delivery, Rogum Kable shall be entitled to cancel in whole or in part any purchase that Rogum Kable deems unusable due to the delayed delivery and to make substitute purchases from other suppliers. The Supplier shall compensate Rogum Kable and hold it harmless from any costs, losses and damages incurred or arising from or in connection with the delayed delivery.
7. Final provisions
7.1 The Supplier undertakes to notify Rogum Kable immediately in writing or by email of any change to its address. Failure to provide such notification shall result in correspondence sent to the address specified in the most recent contract, order or other commercial transaction being deemed to have been delivered.
7.2 Rogum Kable, its customers and the supervisory authorities reserve the right to access all arrangements relating to the order and all relevant records.
7.3 The Supplier is obliged to communicate to its suppliers the requirements to be applied in the procurement documentation for Rogum Kable and the requirements concerning supply chain logistics. Rogum Kable assumes that the Supplier has communicated the requirements regarding raw materials and supplies to its own suppliers prior to confirming acceptance of the order for fulfilment. In other cases, confirmation of the communication of these requirements must be provided electronically via email or in writing.
7.4 In the event that only certain provisions of these General Terms and Conditions are excluded, the remaining provisions shall remain in force.
7.5 The parties agree that they shall endeavour to settle any disputes arising in connection with the performance of the order amicably before referring the matter to the competent Commercial Court for adjudication.
7.6 In matters not covered by these GTC, the provisions of the Civil Code shall apply.
7.7 The GTC are brought to the attention of suppliers by including them at the end of the Order, and in the case of electronic correspondence, by including their content in an attachment to such correspondence.
8. Additional NATO requirements concerning cooperation in the field of supplies for the performance of military contracts (AQAP)
8.1 All requirements set out in the contract may be subject to government quality assurance. The Supplier will be notified of any action to be taken as part of government quality assurance.
8.2 The Supplier shall provide the Government Quality Assurance Representative and/or the contracting authority (GQAR) with:
-
Access to the premises and facilities where the activities under the contract are carried out.
-
Information regarding compliance with the contract requirements.
-
Unrestricted access to assess the compliance of the Supplier’s system with the requirements of AQAP 2110.
-
Unrestricted access to verify the product’s compliance with the requirements specified in the contract.
-
Assistance, as required by the GQAR, regarding the assessment, verification, validation, testing, inspection or acceptance of the product within the GQA process being carried out, in relation to the
-
requirements specified in the contract.
-
Workspace and equipment necessary for the implementation of the GQA process.
-
The necessary instruments and equipment held by the supplier for reasonable use by the GQAR in carrying out the GQA process.
-
Personnel to operate the instruments and equipment, if required.
-
Access to equipment used for information and communication.
-
Documentation necessary to confirm the product’s compliance with the specification.
-
Copies of necessary documents, including those on electronic media.
Approved by:
Agnieszka Franka
Procurement Director
02.07.2025