Общие условия продажи

Lubochnia Górki, July 1, 2020

Ultra Marine Sp. z o.o.
Registered office: Lubochnia Górki 52A, 97-217 Lubochnia, Poland

General Provisions:
a. These terms of sale (hereinafter referred to as the “Terms”) apply to the sale of goods, products, and services by the manufacturer (hereinafter referred to as the “Manufacturer”) to any customer (hereinafter referred to as the “Customer”).
b. All orders and sales transactions shall be subject to these Terms unless the Manufacturer and the Customer agree in writing to specific deviations.
c. In the event of a conflict between these Terms and any other agreements between the Manufacturer and the Customer, the provisions of these Terms shall prevail.
d. The Manufacturer reserves the right to modify these Terms at any time, informing Customers of such changes appropriately.
Orders and Deliveries:
a. Customer orders must be placed in writing or via an electronic system designated by the Manufacturer.
b. The Manufacturer reserves the right to accept or reject a Customer’s order for any reason.
c. Delivery deadlines shall be agreed upon in writing between the Manufacturer and the Customer. If there are any changes to the order scope, the delivery time will be automatically extended.
d. It is assumed that the Manufacturer’s goods and services are delivered “ex-works” at the Manufacturer’s registered office, where collection takes place.
e. The Customer bears full responsibility for all costs related to the transportation of the ordered goods and equipment to the final destination.
Warranty:
a. The Manufacturer provides a warranty for purchased aluminum boats and equipment in accordance with Polish law.
b. In the case of warranty repairs, the Customer must deliver the defective product to the Manufacturer’s registered office at their own expense.
c. The Manufacturer will decide whether to repair or replace the warranted product and will do so as soon as possible, but no later than 14 days from receiving the defective item.
d. The Customer bears the costs of transporting the product to and from the Manufacturer’s registered office for warranty repairs.
Complaints and Disputes:
a. The Customer must report any complaints regarding defective goods to the Manufacturer within 3 days of receipt.
b. Complaints must be submitted in writing (electronically) to the Manufacturer’s email: office@ultra-marine.eu.
c. If the Customer fails to file a complaint within the specified deadlines, they lose their right to claims under warranty and the right to file a complaint.
d. Disputes arising from cooperation between the Manufacturer and the Customer shall be resolved by the court competent for the Manufacturer’s registered office, in accordance with Polish law.
e. In case of legal disputes, both parties agree to make all efforts to reach a settlement through negotiation before taking the case to court.
Liability:
a. The Manufacturer is not liable for damages resulting from improper use, maintenance, or handling of the product by the Customer.
b. The Manufacturer is not responsible for damages resulting from force majeure, including accidental events, natural disasters, acts of war, riots, or other unforeseen circumstances.
c. Unless otherwise agreed by the parties, pursuant to Article 558 of the Polish Civil Code, warranty liability is excluded, and the Manufacturer’s liability is limited to willful misconduct or gross negligence. Warranty rights expire six months after the date of product delivery.
d. Under warranty claims, the Manufacturer is obligated to remedy the defect at its own discretion by providing free repair, replacement with a new product, or financial compensation equal to the purchase price of the product. In any case, the Manufacturer’s costs shall not exceed the value of the sold product.
e. If the Customer obstructs the resolution of a complaint in the manner chosen by the Manufacturer, they forfeit any claims against the Manufacturer, who is then released from liability for damages related to the complained defects.
f. The Manufacturer is not responsible for damages occurring after the product has been delivered, especially during transportation.
g. To avoid any doubts, both parties confirm that the Manufacturer is not liable for indirect or consequential damages, economic losses, or lost profits of the Customer or related entities arising from the execution of an order.
h. The Manufacturer has the right to withhold complaint-related claims made by the Customer until all outstanding obligations are settled.
Intellectual Property Rights:
a. The Manufacturer retains full intellectual property rights to its products, including boat designs, logos, trademarks, etc.
b. The Customer agrees not to use, reproduce, or modify the Manufacturer’s products without explicit written consent.
Personal Data Protection:
a. The Manufacturer is committed to complying with applicable personal data protection laws and using Customer data solely for order fulfillment and service provision.
Final Provisions:
a. Any changes or deviations from these Terms require written consent from both parties.
b. If any provision of these Terms is deemed invalid or unenforceable under Polish law, the remaining provisions shall remain in full force.
c. These Terms constitute the complete and exclusive agreement between the Manufacturer and the Customer regarding the sale of products and services, particularly the boats manufactured by the Manufacturer