What are general terms and conditions of delivery offered by Office Plus companies? All necessary information on this topic are presented below. Read the text in order to know how we cooperate with our clients on every stage of executed works.
The terms and conditions of delivery presented below are applied to furniture sale, delivery and assembly agreements executed by Office Plus companies, i.e.: Office Plus sp. z o.o., Office Plus Warszawa sp. z o.o., Office Plus Gdańsk sp. z o.o., Office Plus Kraków sp. z o.o., Office Plus Wrocław sp. z o.o., hereinafter referred to as ‘Office Plus’.
• The general terms and conditions have been published on the website www.officeplus.pl; any change in the terms and conditions shall enter into force on the date of its publication on the company’s website.
• The Purchaser, by placing an order to Office Plus, represents thereby that it knows and accepts general terms and conditions of sale.
• Should the agreement be concluded in writing, its provisions will prevail over these general terms and conditions.
• The Office Plus’s client shall be referred to as ‘Purchaser’ in these terms and conditions.
• Office Plus represents that it is a business dealing with delivery and assembly of office furniture as well as arrangement, design and finishing of office and community facilities interiors in a professional manner. The business activity of Office Plus comprises: furniture arrangement design adapted to a given interior, and arrangement of this interior, outsourcing and supervising production and furniture delivery and assembly at the Purchaser’s premises as well as implementation of the design.
• Office Plus offers professional delivery and services.
• Office Plus represents that as a firm which has been operating for many years in the office furniture industry it may offer advantageous discounts for furniture delivery on condition that the desired turnover is reached. Detailed discounts are specified on an individual basis in the agreement with the Purchaser.
• The parties conclude furniture delivery and assembly agreements based on an order placed by the Purchaser in Office Plus form, either on paper or in an electronic form, via Office Plus website.
• The orders placed by the Purchaser are based on the offer presented by Office Plus, available on Office Plus website. The discounts, if applicable, are discussed on an individual basis with Office Plus traders in writing or by e-mail. The e-mail exchange, in which the parties accept the discount, is deemed to be a part of delivery agreement.
• In the event that Office Plus, at a particular moment, does not have a given good at its disposal, it shall notify the Purchaser thereof without unnecessary delay (up to 4 business days). In such case Office Plus shall inform the Purchaser on the possible date of delivery and if a given good in unavailable, it shall inform that the good cannot be sold.
• Office Plus commences to process the order within 2 days of the date of reception of the advance from the Purchaser. The advance amounts to 40 % of the sale net price of a given order, and an advance VAT invoice is issued.
• Additionally, the Purchaser shall cover the costs of delivery and furniture assembly. The table presenting assembly and delivery costs constitutes an annex hereto.
• Delivery or arrangement services shall take place within 20 business days of the date of advance payment into Office Plus’s bank account. The Purchaser is obliged to make available premises necessary for storing or assembling furniture or for space arrangements. Office Plus shall not be liable for consequences of unavailability of such a place, caused by the Purchaser.
• The Purchaser shall pay for delivery and services within 14 days of the handover date. In the event of default on payment, the Purchaser shall pay statutory interest for default on payment. Notwithstanding other provisions of these terms and conditions, except for cases of force majeure, if the Purchaser does not make premises for furniture delivery or assembly available within deadline specified in the order, Office Plus shall calculate the amount due based on the expected date of completing the works as set out in the order.
• In case of furniture delivery and assembly in batches and in case the interior arrangement services are rendered in parts, the Purchaser shall pay due amount within 14 days of the date of delivery or of the date when the service is provided, reduced on a pro rata basis by the part of the advance pertaining to a given batch of delivery or works completed.
• The Purchaser shall make payments on the bank account specified every time in the invoice.
• When a delivery or service is completed, Office Plus shall request the Purchaser to hand it over. The acceptance protocol constitutes the basis for issuing a final VAT invoice covering the total of a given delivery (service), taking account of the advance paid.
•The Purchaser is entitled to specify in the acceptance protocol all and any reservations and remarks should the Purchaser have reasonable remarks pertaining to the workmanship of the furniture, to the quality of assembly or to the service of arrangement of the interiors. In such case a description of faults and photo-documentation will be provided in order to present the flaws.
• If the Purchaser does not make themselves available for handover within deadline specified by Office Plus, the delivery (service) is deemed to be accepted with no comments and constitutes the basis for issuing the final VAT invoice. In such case an Office Plus representative makes an appropriate note in the acceptance protocol.
• Should any lacks or faults which objectively do not preclude using the furniture or premises be stated, the payment for delivery (service) shall be made according to the agreement, but the Purchaser shall be entitled to suspend that part of the payment for delivery which amounts to the value of net elements complained about as long as they will not be repaired or exchanged. The parties agree that repair or exchange (selection is made by Office Plus) shall take place within 4 weeks of the date of handover. The Purchaser shall pay the remaining amount as soon as the elements are repaired or exchanged, without unnecessary delay.
• Office Plus’s liability is excluded under a statutory warranty for material and legal defects of the good sold. The Purchaser has been informed that any good sold by Office Plus is covered by producer’s or importer’s guarantee and Office Plus grants a guarantee with the same scope. At every sale transaction the Purchaser shall receive from Office Plus the conditions of the guarantee pertaining to a given good, guarantee cards and other documents necessary to make a claim. In the event of defects of a sold good, the Purchaser shall be obliged to make a claim to Office Plus in a way described in guarantee terms and conditions, to the seller or to the producer within the deadline specified in guarantee terms and conditions.
• The condition to use the guarantee is to make a claim within the deadline specified in guarantee terms and conditions and that the Purchaser use Office Plus’s or producer’s service.
• Office Plus reserves the right to be the proprietor of the good as long as the sale price is not paid up in full and reserves the right to statutory interest in case of default on payment.
• If Office Plus does not receive payment for delivery of furniture, transport costs, assembly or interior arrangement services in time, it shall be entitled to claim an immediate full return of the good delivered in full, regardless of who possesses the furniture: the Purchaser or a third party. The Purchaser represents that it will inform its clients on this provision if it delivers furniture bought at Office Plus to them and that it will place an analogical provision in agreements concluded with those Clients.
• In case the good is not released at the request of Office Plus according to paragraph 24 of general terms and conditions, the company shall be entitled additionally to demand liquidate damages amounting to 50 % of a given batch of goods covered by the request for repayment.
• Office Plus shall be entitled to suspend delivery of the next batch of the goods in case of default on payment for the previous delivery.
In case of default on payment for more than one delivery, Office Plus shall be entitled to set off the oldest unpaid delivery against the payment and to statutory interest.
• The Purchaser ensures that it shall make the premises available to Office Plus free of charge and that it shall guarantee necessary conditions and provide utilities and public utilities (electricity, water, sanitary facilities) in order to assembly furniture or arrange interiors in a proper way within deadlines agreed by the parties. If these conditions are not ensured, Office Plus shall not be liable for consequences of possible delay in delivery and of destruction of furniture or elements of interior design, caused by the fact that the right conditions for their storage were not ensured.
• The communication will take place on the address indicated in the order by the Purchaser, unless it indicates, in writing, another address for service. In case of doubt concerning the right address for service the correspondence will be sent to the address indicated in the extract from an appropriate register or register of undertakings. The parties agree that in case the letter is not received, it is deemed to be received at the date it was returned by post.
• Office Plus provides a fee-based maintenance as well as assembly and disassembly of furniture in case of removals. Office Plus shall not be liable for damage of furniture or accelerated destruction caused by improper use thereof. The parties agree that ‘proper use’ means use in conformity with producer’s guarantee terms and conditions or with a user’s guide, which are provided with the furniture.
• Every party shall be entitled to rescind a given agreement for sale or service in case it turns out that it is impossible to deliver or render a service under conditions set out in the agreement because of objective factors that the parties have no influence on (force majeure, natural disaster, abrupt change of market conditions etc.), and a deferred delivery will cause a loss of economic significance for the Purchaser. In such case Office Plus within 7 days reimburses to the Purchaser all paid amounts together with statutory interest. The termination or rescission of a given agreement demands a written form, otherwise being null and void.
• The parties agree that invoices shall be sent by e-mail to the electronic address indicated by the Purchaser and they will be printed out in the original version by the Purchaser and that it is not necessary to send them in a paper form. The invoices will be issued without the Purchaser’s signature.
• The payment of liquidate damages specified in these general terms and conditions does not exclude the possibility of demanding to pay damages exceeding the amount thereof.
•With connection to any and all disputes arising out of the execution of the agreement, the parties agree that it is the court of the domicile of Office Plus that shall have jurisdiction.
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