§ 1. General provisions

§ 1.1. The General Terms and Conditions of Contract (hereinafter referred to as the GTC) set out, in
particular, the rules for the conclusion and performance of contracts, in particular contracts for the sale,
supply and provision of services (including installation), between PW NAGLAK sp. z o.o. with its registered
office in Koźmin Wielkopolski, ul. Borecka 33a, 63-720 Koźmin Wielkopolski, District Court Poznań – Nowe
Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register, KRS 0001192622, NIP
6211854015, share capital PLN 100,000 (hereinafter referred to as the Seller) and the entity purchasing
goods or services (e.g. installation) from the Seller, which is not a consumer and is a natural person
entering into a contract directly related to their business activity, which is not of a professional nature
for them, within the meaning of the Civil Code (hereinafter referred to as the Buyer).

§ 1.2. The contractual terms proposed by the Seller (including in the GTC), subject to the following three
paragraphs, may only be accepted by the Buyer without reservation. Any reservations that are not expressly
accepted by the Seller (expressly accepted means that the Seller has made a statement in writing or in a
documented form that it accepts the reservations set out by it) shall not be deemed valid; if the Seller
undertakes to perform the contract, it shall be performed on the terms proposed or accepted by the Seller,
disregarding any reservations of the Buyer not accepted by the Seller; the Seller’s commencement of any
activities prior to the conclusion of the contract shall not be treated as consent to the terms specified by
the Buyer.

§ 1.3. The Seller and the Buyer (hereinafter collectively referred to as the Parties) may expressly agree
in a specific contract concluded between the Parties (in writing or electronically, on pain of nullity) that
the General Terms and Conditions shall not apply to that contract in whole or in part, or that specific
provisions of the General Terms and Conditions shall be amended for the purposes of that contract.
Amendments or exclusions to the GTC shall apply exclusively to the contract in which they have been
expressly included; to the extent not amended by the Parties, the GTC shall apply in their current wording.

§ 1.4. Any terms and conditions of contract performance contained in the Buyer’s documents (e.g. general
terms and conditions of purchase/orders, orders, confirmations used by the Buyer, etc.) that are
inconsistent with or go beyond the provisions of the contract (in particular the provisions of the GTC)
proposed by the Seller or the reservations accepted by the Seller, are invalid and are not binding on the
Seller.

§ 1.5. The Seller’s failure to expressly object to any contractual terms other than those specified by the
Seller, as well as the actual delivery of goods or performance of services by the Seller, shall under no
circumstances be interpreted as acceptance of contractual terms other than those proposed or accepted by the
Seller (no contractual terms proposed by the Buyer are tacitly accepted; for the Seller to be deemed to have
accepted the terms proposed by the Buyer, the Seller must list the terms it accepts and explicitly state
below them that it accepts them).

§ 1.6. If the Buyer accepts the GTC, it shall be deemed to have accepted their application also to all
future contracts concluded between the Seller and the Buyer, until such time as the GTC are amended or
revoked by the Seller; The GTC form an integral part of every contract concluded between the Parties
(including those concluded in the future), even where no explicit reference is made to them in individual
cases – the presumption that the GTC apply to all contracts concluded by the Parties; The GTC form an
integral part, in particular, of every quotation or offer from the Seller and every Order Confirmation
issued by the Seller.

§ 1.7. The provisions of the GTC, to the maximum extent permitted by law, supersede the provisions of
generally applicable law.

§ 1.8. The Seller reserves the right to amend these General Terms and Conditions at any time. Any
amendments to these General Terms and Conditions shall not apply to contracts already concluded. The General
Terms and Conditions in force at the time the contract is concluded shall apply to that contract.

§ 1.9. The Seller’s failure to exercise any right arising from a breach of the contractual terms (including
these General Terms and Conditions) by the Buyer shall not be construed as a waiver of such right.

§ 1.10.The provisions of the GTC in no way exclude or limit the Seller’s rights and claims against the
Buyer that may arise under the law, in particular the right to claim damages under general principles.

§ 1.11.The Seller reserves the right to make the GTC available on its website. The exact address of the GTC
on the Seller’s website may be included, inter alia, in the Seller’s offer or quotation, or on the Order
Confirmation. The Buyer may at any time access the GTC from the Seller’s website and save them using an IT
system. The Seller may send the Buyer a link to the GTC or provide the Buyer with the GTC by email in PDF
(Portable Document Format).

§ 1.12.The Buyer declares that they are purchasing the goods for purposes directly related to their
business or professional activity; the contracts are of a professional nature for them.

§ 1.13.The Buyer declares that, prior to concluding the contract, they have familiarised themselves with
the product sheets, product specifications, product instructions and other documents relating to the goods
they are purchasing from the Seller, available, inter alia, on the Seller’s website; including that the
information contained in the aforementioned documents is clear to them and they have no objections to it.
The Buyer declares that they will pass on the information contained in the aforementioned documents (against
receipt) – with every contract – to customers who purchase from them the goods described in the
aforementioned documents. The Buyer declares that they are aware that the information contained in the
aforementioned documents may be updated and undertakes to verify and update it on their own initiative on an
ongoing basis – so as to always provide their customers with information that is current at the time of
concluding contracts with them.

§ 2. Conclusion of the contract

§ 2.1. Introduction

§ 2.1.1. A quotation or offer may be prepared by the Seller on the basis of, amongst other things,
information received from the Buyer (e.g. regarding dimensions and specifications), documents and other
agreements between the Parties.

§ 2.1.2. Information relating in particular to dimensions, weight, specifications, functionality,
technical, functional and aesthetic parameters, and quality, as well as illustrations, descriptions,
drawings, photographs and other information contained in or attached to materials or documents which do not
constitute a commercial offer from the Seller, is for information purposes only; they shall become binding
only if their binding nature is expressly confirmed (in writing by the Seller, on pain of nullity), issued
at the Buyer’s request and sent in writing, prior to the conclusion of the contract.

§ 2.2. Quotation

§ 2.2.1. The Seller reserves the right to prepare a quotation for the Buyer, inter alia on the basis of the
Buyer’s enquiry (which does not constitute an offer within the meaning of the Civil Code), of which these
General Terms and Conditions form an integral part. In the event of receiving an enquiry from the Buyer via
the Seller’s electronic system (also referred to as the System), the Seller reserves the right to prepare a
quotation for the Buyer and to post it on the System.

§ 2.2.2. Before placing an order for goods (an order placed on the basis of a quotation received from the
Seller), the Buyer is obliged to check that the information contained in the Seller’s quotation corresponds
to their enquiry, and that the type of goods is suitable for the intended purpose, and to notify the Seller
of any observations or discrepancies via email later than before placing the order (the date of receipt of
the message by the Seller shall be decisive), failing which the Buyer shall lose the right to rely on them
in the future. Upon receiving the Buyer’s observations, requirements and information regarding any
discrepancies, the Seller is entitled to prepare a new quotation.

§ 2.2.3. The Buyer may place an order (an offer to conclude a contract) with the Seller in written,
electronic or documentary form. These General Terms and Conditions shall form an integral part of every
order placed by the Buyer, even if they are not expressly referred to therein.

§ 2.2.4. The order (purchase offer) sent to the Seller by the Buyer must include, amongst other things:

  • the Buyer’s details,
  • the Seller’s quotation number (if one has been issued),
  • the name and number of the goods ordered (as specified in accordance with the Seller’s standard),
  • the quantity of the goods ordered, expressed in the units used,
  • the requested place and method of delivery,
  • the requested delivery date,
  • VAT number and EU VAT number (for international customers),
  • contact details of the person coordinating the order on behalf of the Buyer.

§ 2.2.5. If the Seller accepts the Buyer’s order (offer), they shall send the Buyer notification of the
order’s acceptance (referred to as the Order Confirmation), in writing, electronically or in document form,
within the timeframe specified by the Seller.

§ 2.2.6. Placing an order (based on the Seller’s quotation) by the Buyer does not bind the Seller, and
failure to send the Order Confirmation to the Buyer shall not constitute ‘tacit acceptance of the order’,
unless the Seller, within 10 working days (counting from the date of receipt of the order by the Seller),
proceeds to fulfil the order and informs the Buyer thereof (the date on which the information is sent to the
Buyer shall be decisive).

§ 2.2.7. The Seller reserves the right to inform the Buyer of the reasons for not accepting the Buyer’s
order.

§ 2.2.8. The delivery date specified by the Seller is approximate and may be extended, for which the Seller
shall not be liable.

§ 2.3. Offer

§ 2.3.1. The Seller reserves the right to prepare a quotation for the sale of goods for the Buyer, based on
the Buyer’s enquiry.

§ 2.3.2. Information contained in particular in guides, price lists, brochures, sample books, catalogues,
leaflets, advertisements, the website and other materials of the Seller does not constitute an offer within
the meaning of the Civil Code.

§ 2.3.3. In the case of an order placed by the Buyer on the basis of the Seller’s offer (if such an offer
has been expressly made to the Buyer), the Buyer is obliged to specify in the order, inter alia:

  • the offer number,
  • the date the offer was drawn up,
  • the price of the goods ordered as stated in the offer,
  • the quantity of the goods ordered, expressed in the units used by the Seller,
  • the requested place and method of delivery of the goods,
  • the requested delivery date,
  • VAT number and EU VAT number (for international customers).

§ 2.3.4. The Seller is not required to send an Order Confirmation to the Buyer if the Buyer’s order is
placed on the basis of an offer made to the Buyer by the Seller, and the Buyer has not included any
reservations regarding the offer in the order (other than the terms specified in the offer – the contract is
then concluded on the terms set out in the Seller’s offer upon receipt of the order by the Seller); any
change by the Buyer to the terms set out in the Seller’s offer shall be deemed a rejection of the Seller’s
offer and the submission by the Buyer of a new purchase offer (the GTC form an integral part of the Buyer’s
offers, even if they are not expressly referred to therein).

§ 2.3.5. The presentation of an offer or quotation by the Seller to the Buyer does not mean that the goods
have been reserved for the Buyer.

§ 2.3.6. Unless the Seller has decided otherwise, the offer remains valid until the end of the day on which
it was drawn up. The offer shall cease to be valid before the expiry of the specified offer period in the
event, for example, of the Seller’s stock of the offered goods at the Seller’s or its supplier’s warehouse
being exhausted earlier than anticipated, or a change in the price of the goods at the Seller’s supplier.
The Seller reserves the right to amend the offer until the contract is concluded.

§ 2.4. Signing the order

§ 2.4.1. The Buyer’s order must be signed with the full name of the person(s) placing the order on behalf
of the Buyer, who has/have the right to represent the Buyer and to conclude contracts on their behalf. The
Buyer is also required to affix the Buyer’s company stamp to the written order. Payment of a deposit by the
Buyer also constitutes confirmation that the order has been placed by the person(s) authorised to represent
the Buyer.

§ 2.4.2. The Seller is entitled to request confirmation from the Buyer of the authority of the person
placing the order, or persons placing the order, to place the order on behalf of and for the benefit of the
Buyer; if the Buyer fails to confirm the authority of such person or persons within 3 days of the date of
sending the request, the Seller may assume that the Buyer does not confirm the order placed.

§ 2.4.3. If the Buyer has not designated to the Seller persons authorised to represent the Buyer, in
particular with regard to: placing orders, collection of goods and signing documents confirming receipt of
goods, it is assumed that any person signing the aforementioned documents at the Buyer’s premises or at a
location designated by the Buyer, or sending statements and documents on behalf of the Buyer (in particular
from a work email address), is considered a duly authorised representative of the Buyer.

§ 2.5. Modification of the order

§2.5.1. If, after sending the order to the Seller but before the contract is concluded, the Buyer has
provided the Seller with reservations (modifying, for example, the terms of the quotation or offer), the
Seller may, in response:

  • confirm some or all of the Buyer’s reservations, or/li>
  • introduce additional modifications to the contractual terms, the Buyer is bound by the content of the
    modifications to the contractual terms, or the scope of the reservations accepted by the Seller (sent to
    the Buyer by the Seller in written, electronic or documentary form) and the remaining original terms from
    the Seller’s quotation or offers, including the GTC, unless the Buyer immediately submits, no later than
    within 3 (three) working days (counting from the moment the Seller sends the modifications or
    confirmations to the Buyer) any comments they may have on the Seller’s modifications or confirmations (the
    date of receipt of the comments by the Seller shall be decisive). The submission by the Buyer of comments
    on the Seller’s modifications or confirmations shall be deemed to constitute a cancellation of the Buyer’s
    order (the Seller’s modifications and confirmations shall also be cancelled) and the placing of a new
    order; the procedure set out in this paragraph shall then be repeated.

The Buyer shall reimburse the Seller for the costs indicated by the Seller and relating to the cancelled
order.

§ 2.6. Time of conclusion of the contract

§ 2.6.1. The contract is concluded at the earliest possible moment, i.e..

  • the sending of the Order Confirmation (the contract is concluded only on the terms specified in the
    Order Confirmation) by the Seller (not to be confused with the acknowledgement of receipt of the message
    containing the order) in response to the Buyer’s order, or
  • the expiry of the deadline for the Buyer to submit comments within 2 working days (as specified in the
    section ‘Order modification’; in accordance with clause 2.2.6.), or
  • the Seller’s receipt of the order based on the Seller’s offer (provided that the Buyer’s order does not
    in any way alter the Seller’s offer), or
  • the Seller commencing performance of the order (within 10 working days), or
  • the signing of the contract by the Parties.

§ 2.7. Amendment of contract terms, termination of the contract

§ 2.7.1. In the event of circumstances which, in the Seller’s opinion, justify a change to the terms and
conditions set out in the contract, and which relate in particular to technical, quality or logistical
aspects or the scope of the contract, the Seller reserves the right, on the basis of a separate agreement
between the Parties (concluded in writing or electronically) – specifying, in particular, additional
remuneration and a new deadline for the performance of the contract – to perform the amended contract.

§ 2.7.2. In the absence of the Buyer’s consent, expressed in writing or electronically (within the time
limit specified by the Seller, which shall not be less than 2 working days from the date on which the
information was provided to the Buyer; the date of receipt of consent by the Seller shall be decisive) to
the Seller’s proposal to amend the terms of the contract, to the extent specified by the Seller, the Seller
shall be entitled to withdraw from the contract (without incurring liability for the termination of the
contract ), within 30 days of the expiry of the deadline for the Buyer to give consent.

§ 3. Settlement

Price of the goods

§ 3.1.1. Unless otherwise agreed, the price of the goods quoted by the Seller is a net price, to which
(where applicable) value added tax (VAT) at the rate in force on the date of issue of the invoice must be
added.

§ 3.1.2. Unless the Parties have agreed otherwise, any additional costs associated with the contract
between the Parties, as specified by the Seller (including packaging, storage, delivery or assembly of the
goods [if applicable]), shall be added to the price of the goods in the amount specified by the Seller.

§ 3.1.3. Unless the Parties have agreed otherwise in the contract, and the Seller is responsible for
delivering the goods to the place specified in the contract, the unloading of the goods shall be carried out
by the Buyer (at their own expense and risk).

§ 3.1.4. The Seller reserves the right to increase the price of the goods at any stage of the contract’s
performance should there be grounds for such an increase, such as: an increase in customs duties, the
introduction of other public-law charges (including the introduction of new or an increase in existing
taxes, fees or contributions, an increase in the minimum wage, the introduction of procedures related to a
viral threat), a change in the technical solution used in the manufacture of the goods or relating to the
goods, a delay in the performance of the contract for reasons not attributable to the Seller, a change in
the exchange rate (by more than 3% compared to the date of conclusion of the contract, using the average
exchange rate published by the National Bank of Poland for the calculation), increase in production costs,
increase in the price of raw material(s) / component(s) / goods supplied by the Seller’s supplier(s) and
required by the Seller to perform the contract (by more than 3% compared to the price on the date of
conclusion of the contract); the price of the goods shall be increased by the amount specified by the Seller
(commensurate with the reason for the price increase), and the Buyer shall be bound by the new, higher
price. The Seller shall inform the Buyer of the price change.

§ 3.2. Terms of payment

§ 3.2.1. The Buyer is obliged to pay the price of the goods and any other financial obligations arising in
any way from the contract or related to the contract into the bank account specified by the Seller, e.g. in
the contract or on the invoice.

§ 3.2.2. Unless the Parties have agreed otherwise in the contract, the payment referred to in the preceding
paragraph shall be made within the time limit specified by the Seller (failing which the Seller may refrain
from performing selected or all contracts or withdraw from selected or all contracts with immediate effect,
through the Buyer’s fault, without the Seller bearing any liability in this respect), prior to the release
of the goods to the Buyer / commencement of the carriage of the goods (if the Seller is responsible for
organising the carriage of the goods). .

§ 3.2.3. Payment of the invoice issued by the Seller shall be made without set-off against mutual claims,
unless the Seller (in writing or electronically, on pain of nullity) gives its prior consent thereto.

§ 3.2.4. The Seller is authorised to perform the contract in stages and to issue invoices for each stage,
which the Buyer undertakes to pay within the time limit specified by the Seller.

§ 3.2.5. The date of payment shall be the date on which the funds are credited to the Seller’s bank
account.

§ 3.2.6. In the event of a delay in payment by the Buyer, the Seller shall be entitled to charge statutory
interest.

§ 3.2.7. The Seller reserves the right, after first notifying the Buyer and setting an additional deadline
for payment, to set new payment deadlines for the Buyer in respect of selected or all contracts in the event
of the Buyer’s delay in payment of any obligation, on any account, under any contract.

§ 3.2.8. The Buyer agrees, in cases provided for by law, to the Seller issuing VAT invoices, duplicate VAT
invoices and VAT invoice corrections in the form of PDF files and sending them to the Buyer via email or
post. The Buyer declares that they will accept all documents sent to them electronically.

§ 3.2.9. The submission by the Buyer of any reservations, comments or complaints regarding the Seller’s
performance of the contract, in particular in relation to the goods, shall not prevent the Seller from
issuing a VAT invoice and shall not suspend the payment deadline for the Buyer’s obligations.

§ 3.2.10. The Seller is entitled to settle mutual financial claims and liabilities by way of financial
set-off (deduction).

§ 3.2.11. The Buyer agrees to receive payment reminders in electronic form, sent to the Buyer’s email
address.

§ 3.3. Trade credit limit

§ 3.3.1. The Seller reserves the right to sell goods to the Buyer that have not been paid for on the date
of conclusion of the contract, up to an amount specified by the Seller, hereinafter referred to as the Trade
Credit Limit.

§ 3.3.2. The credit limit applies to all outstanding amounts arising from any contracts binding the
Parties, even if they are before the payment due date.

§ 3.3.3. Exceeding the Trade Credit Limit entitles the Seller at any time to restrict or cease the sale of
goods to the Buyer, or to suspend the performance of contracts already concluded.

§ 3.4. Payment insurance

§ 3.4.1. The Seller, in order to secure its claims, including those arising from the contract concluded
with the Buyer, may insure them; the Buyer is then obliged to undergo a verification procedure by the
company providing insurance to the Seller (including the submission of documents and information specified
by the Seller), within the scope and timeframe determined by the Seller.

§ 3.4.2. In the event that the value of the contract exceeds the amount of the Buyer’s payment insurance
obtained by the Seller, the Buyer shall, at the Seller’s request, pay the Seller the difference between the
insurance amount and the contract value in the form of a prepayment (advance payment) (within the timeframe
specified by the Seller).

§ 3.4.3. The Seller shall have the right to withdraw from all or selected contracts with the Buyer (in
whole or in part) with immediate effect should the insurance company withdraw insurance cover for the
Seller’s claims against the Buyer, and the Buyer, within the time limit set by the Seller (not less than 7
working days), fails to provide the Seller with security for the claims satisfactory in the Seller’s opinion
or fails to make a prepayment (advance payment) to the extent that the insurer has withdrawn insurance
cover.

§ 3.4.4. The Seller is not bound by the proposal for security for the claim presented by the Buyer, and
acceptance of the security presented by the Buyer lies solely at the Seller’s discretion. The Seller shall
not be liable for damages to the Buyer in the event of withdrawal from the contract, in whole or in part, in
the circumstances specified in this and the preceding paragraph.

§ 3.5. Security/h3>

§ 3.5.1. Prior to the conclusion of the contract or during its performance (at any stage), at the
Seller’s request, the Buyer is obliged to make an advance payment for the goods, within the timeframe and
in the amount specified by the Seller. The Seller may make acceptance of the order conditional upon
receipt of the advance payment, within the timeframe and in the amount indicated by the Seller.

§ 3.5.2. The Buyer agrees that the advance payment shall be credited, in particular, towards the price of
the goods and any other obligations of the Buyer towards the Seller, regardless of their legal basis.

§ 3.5.3. In the event of the Buyer’s delay in fulfilling any of the obligations specified in the contract
(in particular in the payment of the advance payment), the Seller shall have the right to postpone the
performance of the contract to the extent determined by the Seller (at least by the duration of the
delay).

§ 3.5.4. If, in the Seller’s opinion, there are reasonable grounds to believe that the Buyer will fail to
fulfil a contractual obligation (in particular a financial obligation) or that the Buyer is failing to
fulfil any of its contractual obligations (in particular a financial obligation), or in the event of
proceedings being brought against the Buyer to enforce the Buyer’s obligations (e.g. enforcement
proceedings), the Seller shall be entitled to demand from the Buyer (at any stage of the contract’s
performance), in particular, payment for the goods in advance or the provision of payment guarantees or
security as specified by the Seller, within the time limit, in the form and to the extent specified by the
Seller. In the event of the Buyer’s failure to fulfil, within the time limit specified by the Seller, the
obligations set out in the preceding sentence, the Seller, in addition to other rights specified in the
GTC, may in particular:

  • suspend the performance of the contract(s) or withdraw from selected or all contracts with the Buyer
    (in whole or in part), due to the Buyer’s fault (the Seller shall not bear any liability in this case),
    with immediate effect, or
  • demand that the Buyer pay for costs incurred in connection with the situation, including, but not
    limited to, the costs of cancelled or repeat transport (if applicable), storage of the goods (storage is
    at the Buyer’s risk), etc.

§ 3.6. Reservation of title

§ 3.6.1. The Seller reserves title to the goods until the Buyer has paid the full price of the goods as
set out in the contract, including in particular the price of the goods, applicable tax, interest and
other costs associated with the contract.

§ 3.6.2. Until ownership of the goods passes to the Buyer, the Buyer is obliged, in particular, to:

  • keep the goods in an undamaged condition;
  • store the goods (without charging the Seller any costs in this respect) separately from other goods
    belonging to the Buyer or third parties in such a way that the Seller’s ownership can be easily
    identified;
  • not to mix the goods with other goods;
  • not altering the goods, their packaging or any components associated with the goods in any way.

§ 3.6.3. In the event of the Buyer’s delay in paying the full (or part of the) price for the goods, the
Seller is entitled to demand the return of the goods (or part thereof) delivered to the Buyer and to claim
appropriate additional compensation, e.g. for their wear and tear or damage.

§ 3.6.4. If, despite the prohibition, the goods subject to retention of title are, for example, altered,
combined or mixed, the Seller shall become a co-owner of the new goods in proportion to the value of the
goods subject to retention of title that have been combined, mixed or altered. The retention of title
shall also apply to the share in co-ownership. In the event that the altered, combined or mixed goods
become a component part of new goods, the Buyer shall immediately pay the price or provide security for
payment – as instructed by the Seller.

§ 3.6.5. If the goods subject to retention of title are sold to a subsequent purchaser, the Buyer
undertakes to inform the subsequent purchaser of the retention of title.

§ 3.6.6. Unless the Seller has agreed otherwise (in writing; otherwise the agreement shall be null and
void), the Seller does not consent to any encumbrance of the goods sold subject to retention of title. The
Buyer is obliged to immediately notify the Seller of any encumbrance on the goods sold subject to
retention of title, whether imposed by a court or as a result of a decision by a state authority.

§ 3.6.7. Upon the commencement of, or during, any insolvency, composition, enforcement or restructuring
proceedings against the Buyer, the Buyer is obliged to mark the goods in a manner indicating the retention
of title in favour of the Seller.

§ 3.6.8. In the event of the seizure of goods owned by the Seller in the course of enforcement
proceedings directed against the Buyer’s assets, the Buyer is obliged to inform the Seller of this fact
immediately. .

§ 3.6.9. Upon the Seller’s request, the Buyer is obliged to immediately provide all information regarding
the location where the goods, the ownership of which is reserved in favour of the Seller, are stored.

§ 3.6.10. The Seller is entitled to inspect the goods at the location where they are situated (to the
extent and within the timeframe specified by the Seller), as well as to collect them from the Buyer or a
third party (at the Buyer’s expense and within the timeframe specified by the Seller); the transport and
storage of the collected goods shall be at the Buyer’s expense and risk.

§ 4. Product

§ 4.1. Product characteristics

§ 4.1.1. Unless otherwise specified in the contract, the goods shall comply with the mandatory provisions
of European and Polish law and the standards applied by the Seller. If the goods are sold to the Buyer and
delivered to another country, it is the Buyer’s responsibility to verify whether the goods may be sold
within the territory of that country and, if necessary, to adapt them to the requirements for the goods
specified in the mandatory provisions of that country (such adaptation shall be at the Buyer’s expense and
risk).

§ 4.1.2. Any information (in particular regarding the goods) provided to the Buyer by the Seller prior to
the conclusion of the contract or during its performance, which has not subsequently been included in the
contract (unless the Seller has confirmed it in writing or electronically, failing which it shall be null
and void), shall not be binding. A Buyer wishing to obtain binding information from the Seller shall be
required to request it in writing from the Seller; binding information shall be provided by the Seller only
in writing or electronically (under penalty of nullity).

§ 4.1.3. Unless expressly stated otherwise in the contract, the Seller in no way guarantees that the effect
intended by the Buyer will be achieved or that the goods have been correctly selected. The Buyer is obliged
to independently check the goods delivered by the Seller for their suitability for the Buyer’s intended use;
the Buyer’s use of the goods is at the Buyer’s sole risk.

§ 4.1.4. The Seller reserves the right to supply the Buyer with goods with modified specifications,
provided that, in the Seller’s opinion, the specifications of the goods do not differ significantly from
those specified in the contract.

§ 4.1.5. The Buyer acknowledges and agrees that the colour (including shade and gloss) of the goods may
differ from the colour in the colour chart; a difference may also occur between two items of the same
colour. Differences in the colours (including shades and gloss) of the goods occur in particular in goods
from different production batches. A Buyer who wishes to receive goods of a specific colour (including shade
and sheen) must contact the Seller to request a suitable sample of the goods. Once the sample has been
accepted by the Buyer, the Seller will endeavour to supply the Buyer with goods similar to the approved
sample (due to the complexity of the manufacturing processes, the Seller cannot guarantee that the goods
will be identical to the sample). Differences in colour (including shade and gloss) between goods, including
within a single delivery, are permissible.

§ 4.1.6. The Buyer declares that they are familiar with the technical parameters, intended use, storage or
assembly instructions for the goods, and all documentation provided by the Seller prior to the conclusion of
the contract.

§ 4.1.7. The Buyer declares that they are familiar with the manner in which the Seller presents the goods,
including, amongst other things: the manner of presenting graphic diagrams/designs, views, methods and
directions of opening the goods, fixed parts of the goods, divisions, dimensions, shapes, types of
components used, materials, weight of the goods, and functionality.

§ 4.1.8. If the Seller undertakes in the contract to provide the Buyer with technical documentation for the
goods (including certificates and approvals), it is assumed, unless the Parties have agreed otherwise, that
the deadline for their delivery shall be determined by the Seller.

§ 4.1.9. The Buyer is obliged to translate the documents received from the Seller at their own expense, in
particular those relating to the goods (e.g. the manual, if provided by the Seller).

§ 4.1.10. The Buyer declares that the documents and information provided to the Seller in connection with
the conclusion or performance of the contract are accurate, complete, free from any discrepancies with the
actual state of affairs or other defects affecting the proper performance of the contract, for which the
Buyer assumes full responsibility; The Seller accepts no liability for the consequences of any false
statements made by the Buyer. The Seller is exempt from verifying the documents and information received
from the Buyer. Documents and information shall be provided by the Buyer to the Seller in Polish or English.

§ 4.1.11. The Buyer shall notify the Seller (by email and in writing, in each case by registered post) of
any omissions or inaccuracies in the documentation and information provided, as well as of any identified
obstacles that in any way hinder or prevent the proper performance of the contract, without delay, but no
later than within 2 working days of their discovery (the date of receipt of the notification by the Seller
shall be decisive).

§ 4.1.12. At the stage of concluding or performing the contract, where the Parties have not specified
detailed guidelines relating to the performance of the contract (e.g. regarding technical specifications),
the Seller may adopt its own guidelines. The Seller may also send the guidelines it has adopted to the Buyer
for approval. If the Buyer fails to raise any objections to the guidelines received from the Seller within 2
working days (in writing, electronically or in document form, with confirmation of receipt; the date of
receipt of the objections by the Seller shall be decisive), the Buyer shall be deemed to have accepted the
Seller’s guidelines (tacit consent); in the event of objections being raised, the Parties shall endeavour to
reach a mutual agreement; if no agreement is reached within the timeframe specified by the Seller, the
Seller shall be entitled to withdraw from the contract. While awaiting acceptance or the development of a
common position, the Seller shall be entitled to suspend the performance of its obligations under the
contract without incurring any liability in this respect; in cases specified by the Seller, the deadline for
performance of the contract shall also be extended accordingly by the period indicated by the Seller.

§ 4.1.13. Unless otherwise specified in the contract, the Seller may supply goods from different production
batches; goods from different production batches may differ from one another (e.g. visually).

§ 4.2. Transport of goods

§ 4.2.1. Where the Seller applies Incoterms, unless the Seller has agreed otherwise, Incoterms 2020 shall
apply, including the EXW rule..

§ 4.2.2. If the Seller, in accordance with the contract, arranges for the transport of the goods to the
place specified in the contract, unless the parties have agreed otherwise in the contract:

§ 4.2.2.1. This does not affect the Seller’s liability as set out in the contract (including in the GTC).
The choice of route, means of transport, type and scope of necessary protective measures, packaging of the
goods, as well as freight forwarders and carriers, shall be made by the Seller. In cases specified in the
contract or by the Seller, the Buyer is obliged to pay for the transport of the goods, within the time limit
and to the extent specified by the Seller. At the Buyer’s request and expense, the goods may be insured by
the Seller against insurable risks, e.g. theft, damage occurring during transport or unloading.

§ 4.2.2.2. The Buyer shall provide the Seller, within the time limit specified by the Seller (if not
specified by the Seller, this is 2 working days prior to the date of handing over the goods to the carrier,
freight forwarder or person responsible for delivering the goods to the Buyer) all information and documents
enabling the Seller, in particular, to make the necessary preparations for dispatching the goods, including
in particular:

  • guidance on the labelling and transport of the goods,
  • transport permits, documents required to obtain the necessary authorisations from state authorities, and
    any other documents required for the transport of the goods in accordance with applicable legal
    regulations,
  • information and documents required by the Seller.

§ 4.2.2.3. If the Seller does not receive, in due time, from the Buyer, in particular, instructions,
authorisations, information or documents, the Seller may, at its discretion, make its own efforts to obtain
the relevant information and documents (at the Buyer’s expense) or delay the dispatch of the goods due to
the Buyer’s fault (without the Seller incurring any liability in this respect) or withdraw from the contract
(in whole or in part) with immediate effect due to the Buyer’s fault.

§ 4.2.2.4. The Buyer undertakes, inter alia, to:

  • to immediately notify the Seller by email of any identified technical or time-related restrictions
    regarding access to the unloading site and the unloading of the means of transport. In the absence of such
    information, the Seller shall be entitled to charge the Buyer for all costs arising therefrom (in the
    amount determined by the Seller).
  • ensure unimpeded access to the unloading site (including by a vehicle up to 25 metres in length and with
    a load capacity of up to 40 tonnes) and provide the machinery and personnel necessary for unloading the
    goods,
  • unload the goods from the means of transport; the Buyer shall be liable for any damage caused during the
    unloading of the goods. If unloading is impossible or delayed for reasons for which the Seller is not
    responsible, the Seller reserves the right to charge the Buyer for all related costs (in the amount
    determined by the Seller).

    The contracting parties may stipulate in the contract that the
    Seller shall carry out the unloading of the goods for an additional fee (in the amount determined by the
    Seller); however, this requires a separate agreement between the contracting parties.

§ 4.2.3. In the event that transport cannot be carried out or completed for reasons for which the Seller is
not responsible (e.g. the Buyer refuses to accept the goods), the Seller shall be entitled to claim from the
Buyer, inter alia, all transport costs (including to and from the Seller’s warehouse), storage and insurance
of the goods (these costs shall be payable by the Buyer within the time limit specified by the Seller);
storage of the goods shall be at the Buyer’s risk.

§ 4.3. Collection of goods

§ 4.3.1. Unless the Parties have agreed otherwise, the Seller shall set the date for the
delivery/collection of the goods.

§ 4.3.2. In the event of a delay by the Buyer in collecting the goods exceeding 7 days from the collection
date set by the Seller, the Seller may withdraw from the contract (in whole or in part) due to the Buyer’s
fault with immediate effect (following a prior request to the Buyer to fulfil the obligations set out in the
contract within the time limit specified by the Seller). .

§ 4.3.3. Failure by the Buyer to collect the goods within the specified time, unless the Seller has decided
otherwise, does not release the Buyer from the obligation to pay for the goods.

§ 4.3.4. Unless the Parties have agreed otherwise, the risk of accidental loss or damage to the goods, and
liability for the goods, passes to the Buyer upon delivery of the goods to the Buyer (in the event that the
Buyer collects the goods in person from the Seller; in the event of the Seller providing a service – the
risk and liability pass as soon as the Seller leaves the goods at the place where the service is to be
performed) or to a forwarding agent, carrier or other person responsible for delivering the goods to the
Buyer, from the plant or warehouse indicated by the Seller (at the time of completion of loading); The
Seller shall not be liable, in particular, for any damage to or shortages in the goods themselves or their
packaging arising after that point. In particular, the Seller shall not be liable for damage caused by the
actions of the carrier, freight forwarder or any other person responsible for delivering the goods.

§ 4.3.5. Unless the Seller has specified a different place of performance of the contract, the fulfilment
of all obligations arising from the contract shall take place at the Seller’s registered office or at a
warehouse designated by the Seller.

§ 4.3.6. Upon collection of the goods, the Buyer is obliged to sign the documents confirming receipt of the
goods legibly (with their full name), thereby confirming receipt of the goods. Failure by the Buyer to sign
the goods receipt documents, e.g. due to the Buyer’s absence or the absence of a person authorised by the
Buyer at the time of collection, or a refusal to sign, shall be treated as an absence of reservations
regarding the goods (in particular regarding the quality or correctness of the goods delivered).

§ 4.3.7. The Buyer is obliged to designate to the Seller an authorised person to collect the goods and sign
the relevant documents confirming receipt of the goods, no later than 2 working days prior to collection. If
the Buyer fails to designate a person authorised to collect the goods, it shall be assumed that any person
signing the aforementioned documents at the place of delivery/collection of the goods is the Buyer’s
representative (holding a power of attorney from the Buyer).

§ 4.3.8. If the Buyer fails to collect the goods on time, the Seller may:

  • store the goods themselves or place them in a third-party warehouse of their choice; in either case,
    storage shall be at the Buyer’s expense (as determined by the Seller, not less than 0.1% of the value of
    the uncollected goods for each day of storage commenced) and risk, or
  • deem that the goods have been delivered, issue the Buyer with a VAT invoice or a debit note for the
    goods and all costs associated with the contract, and consider the contract to have been fulfilled, or
  • withdraw from the contract (in whole or in part) with immediate effect.

§ 4.3.9. Where the Buyer collects the goods directly from the location specified by the Seller (transport
organised by the Buyer), the Buyer is obliged to:

  • notify the Seller at least 1 working day in advance of the intention to collect the goods, providing the
    information specified by the Seller, including: the vehicle registration number, the driver’s details
    (first name, surname, ID card number, contact details) and the nature of the loading onto the means of
    transport,
  • provide a vehicle which, in the Seller’s opinion, allows for the safe loading and transport of the
    ordered goods.

§ 4.3.10. If, in the Seller’s opinion, the Buyer provides a vehicle that does not comply with the contract
or has insufficient loading space, or in the absence of prior notification, the Seller may refuse to load
the goods and charge the Buyer for any resulting costs (in the amount specified by the Seller), which the
Buyer is obliged to pay to the Seller within 2 working days of being informed of the amount.

§ 4.3.11. Upon collection of the goods, the Buyer is obliged to:

  • exercise due diligence in thoroughly inspecting the goods; the Buyer is obliged to examine, inter alia,
    the collective packaging, individual packaging, the goods, the documents, and the conformity of the goods
    with the contract, drawings and the parties’ agreements.
  • report any damage to the goods (e.g. any damage to the collective or individual packaging, shortages or
    damage to the goods), shortages and discrepancies between the goods and the invoice or order (e.g.
    regarding quantity), and take all necessary steps to establish the liability of the party delivering the
    goods, e.g. the carrier (in particular, note down any damage, shortages, shortages and discrepancies on
    the consignment note, take photographs of the irregularities, draw up a report on the condition of the
    goods/consignment with the carrier; obtain the carrier’s signature on the report) and immediately inform
    the Seller (if the goods are not collected directly from the Seller) by email (with confirmation of
    receipt) and by telephone regarding the situation.

§ 4.3.12. Damage to the goods, missing items, or discrepancies between the goods and the invoice or order
which could not be detected upon collection of the goods, the Buyer is obliged to report to the carrier
(requesting the drawing up of a report on the condition of the goods/consignment) and to the Seller, in
writing and by email, in each case with confirmation of receipt, no later than within 2 working days from
the date of receipt of the goods.

§ 4.3.13. The Buyer is obliged to report any shortages or discrepancies between the goods’ contents and the
received specification to the Seller in writing and by email, in each case with confirmation of receipt, no
later than within 7 working days of the date of receipt of the goods.

§ 4.3.14. The Seller reserves the right to reject the complaint and any other claims by the Buyer (the
Seller shall not be liable in any way, for any reason whatsoever, e.g. in connection with identified
transport damage, defects, shortages or non-conformities) should the Buyer fail to fulfil their obligations
set out in the two preceding paragraphs, in particular those relating to: inspecting the goods within a
reasonable timeframe, drawing up a report on the condition of the goods/consignment with the carrier, and
notifying the Seller and the carrier in a timely manner of any damage observed.

§ 4.3.15. If the Seller does not receive notification of any defects, shortages or non-conformities on the
day of collection of the goods or within 2 working days of such collection, it shall be deemed that no such
defects, shortages or non-conformities existed (e.g. the goods were not damaged in transit and nothing was
missing); the Seller’s liability for the situation, based on any legal grounds, is excluded to the maximum
extent permitted by law.

§ 4.3.16. Unless the Seller has decided otherwise, the Buyer is obliged to accept the goods delivered to
them which have physical defects that are insignificant (in the Seller’s opinion).

§ 4.3.17. The Buyer is obliged to accept partial delivery of the goods. The Seller reserves the right to
perform the contract in part (in stages). The Buyer is obliged, in each instance (unless the Parties have
agreed otherwise), to pay for the part of the contract performed by the Seller (in the amount specified by
the Seller), within the time limit indicated by the Seller.

§ 4.4. Storage of goods

§ 4.4.1. The goods must be stored in accordance with the guidelines provided by the Seller, in particular
in closed, dry, well-ventilated rooms, protected from direct sunlight. Detailed recommendations regarding
the storage of the goods can be found, amongst other places, on the Seller’s website.

§ 4.4.2. Film

§ 4.4.2.1. Protective film may be applied to the goods to provide additional protection against mechanical
damage, stress and impact that may occur during, for example, transport or handling of the goods. The
presence of the film does not exempt the buyer from the obligation to store the goods properly.

§ 4.4.2.2. Improper storage of the goods or removal of the film may make it difficult to remove the
protective film and leave adhesive residue on the goods; in such cases, complaints regarding adhesive
residue from the protective film on the goods will not be accepted by the Seller.

§ 4.4.2.3. Immediately upon receipt of the goods, the Buyer is obliged to remove the protective film and
check the condition of the goods.

§ 4.1. Product characteristics

§ 4.1.1. Unless otherwise specified in the contract, the goods shall comply with the mandatory provisions
of European and Polish law and the standards applied by the Seller. If the goods are sold to the Buyer and
delivered to another country, it is the Buyer’s responsibility to verify whether the goods may be sold
within the territory of that country and, if necessary, to adapt them to the requirements for the goods
specified in the mandatory provisions of that country (such adaptation shall be at the Buyer’s expense and
risk).

§ 4.1.2. Any information (in particular regarding the goods) provided to the Buyer by the Seller prior to
the conclusion of the contract or during its performance, which has not subsequently been included in the
contract (unless the Seller has confirmed it in writing or electronically, failing which it shall be null
and void), shall not be binding. A Buyer wishing to obtain binding information from the Seller shall be
required to request it in writing from the Seller; binding information shall be provided by the Seller only
in writing or electronically (under penalty of nullity).

§ 4.1.3. Unless expressly stated otherwise in the contract, the Seller in no way guarantees that the effect
intended by the Buyer will be achieved or that the goods have been correctly selected. The Buyer is obliged
to independently check the goods delivered by the Seller for their suitability for the Buyer’s intended use;
the Buyer’s use of the goods is at the Buyer’s sole risk.

§ 4.1.4. The Seller reserves the right to supply the Buyer with goods with modified specifications,
provided that, in the Seller’s opinion, the specifications of the goods do not differ significantly from
those specified in the contract.

§ 4.1.5. The Buyer acknowledges and agrees that the colour (including shade and gloss) of the goods may
differ from the colour in the colour chart; a difference may also occur between two items of the same
colour. Differences in the colours (including shades and gloss) of the goods occur in particular in goods
from different production batches. A Buyer who wishes to receive goods of a specific colour (including shade
and sheen) must contact the Seller to request a suitable sample of the goods. Once the sample has been
accepted by the Buyer, the Seller will endeavour to supply the Buyer with goods similar to the approved
sample (due to the complexity of the manufacturing processes, the Seller cannot guarantee that the goods
will be identical to the sample). Differences in colour (including shade and gloss) between goods, including
within a single delivery, are permissible.

§ 4.1.6. The Buyer declares that they are familiar with the technical parameters, intended use, storage or
assembly instructions for the goods, and all documentation provided by the Seller prior to the conclusion of
the contract.

§ 4.1.7. The Buyer declares that they are familiar with the manner in which the Seller presents the goods,
including, amongst other things: the manner of presenting graphic diagrams/designs, views, methods and
directions of opening the goods, fixed parts of the goods, divisions, dimensions, shapes, types of
components used, materials, weight of the goods, and functionality.

§ 4.1.8. If the Seller undertakes in the contract to provide the Buyer with technical documentation for the
goods (including certificates and approvals), it is assumed, unless the Parties have agreed otherwise, that
the deadline for their delivery shall be determined by the Seller.

§ 4.1.9. The Buyer is obliged to translate the documents received from the Seller at their own expense, in
particular those relating to the goods (e.g. the manual, if provided by the Seller).

§ 4.1.10. The Buyer declares that the documents and information provided to the Seller in connection with
the conclusion or performance of the contract are accurate, complete, free from any discrepancies with the
actual state of affairs or other defects affecting the proper performance of the contract, for which the
Buyer assumes full responsibility; The Seller accepts no liability for the consequences of any false
statements made by the Buyer. The Seller is exempt from verifying the documents and information received
from the Buyer. Documents and information shall be provided by the Buyer to the Seller in Polish or English.

§ 4.1.11. The Buyer shall notify the Seller (by email and in writing, in each case by registered post) of
any omissions or inaccuracies in the documentation and information provided, as well as of any identified
obstacles that in any way hinder or prevent the proper performance of the contract, without delay, but no
later than within 2 working days of their discovery (the date of receipt of the notification by the Seller
shall be decisive).

§ 4.1.12. At the stage of concluding or performing the contract, where the Parties have not specified
detailed guidelines relating to the performance of the contract (e.g. regarding technical specifications),
the Seller may adopt its own guidelines. The Seller may also send the guidelines it has adopted to the Buyer
for approval. If the Buyer fails to raise any objections to the guidelines received from the Seller within 2
working days (in writing, electronically or in document form, with confirmation of receipt; the date of
receipt of the objections by the Seller shall be decisive), the Buyer shall be deemed to have accepted the
Seller’s guidelines (tacit consent); in the event of objections being raised, the Parties shall endeavour to
reach a mutual agreement; if no agreement is reached within the timeframe specified by the Seller, the
Seller shall be entitled to withdraw from the contract. While awaiting acceptance or the development of a
common position, the Seller shall be entitled to suspend the performance of its obligations under the
contract without incurring any liability in this respect; in cases specified by the Seller, the deadline for
performance of the contract shall also be extended accordingly by the period indicated by the Seller.

§ 4.1.13. Unless otherwise specified in the contract, the Seller may supply goods from different production
batches; goods from different production batches may differ from one another (e.g. visually).

§ 4.2. Transport of goods

§ 4.2.1. Where the Seller applies Incoterms, unless the Seller has agreed otherwise, Incoterms 2020 shall
apply, including the EXW rule..

§ 4.2.2. If the Seller, in accordance with the contract, arranges for the transport of the goods to the
place specified in the contract, unless the parties have agreed otherwise in the contract:

§ 4.2.2.1. This does not affect the Seller’s liability as set out in the contract (including in the GTC).
The choice of route, means of transport, type and scope of necessary protective measures, packaging of the
goods, as well as freight forwarders and carriers, shall be made by the Seller. In cases specified in the
contract or by the Seller, the Buyer is obliged to pay for the transport of the goods, within the time limit
and to the extent specified by the Seller. At the Buyer’s request and expense, the goods may be insured by
the Seller against insurable risks, e.g. theft, damage occurring during transport or unloading.

§ 4.2.2.2. The Buyer shall provide the Seller, within the time limit specified by the Seller (if not
specified by the Seller, this is 2 working days prior to the date of handing over the goods to the carrier,
freight forwarder or person responsible for delivering the goods to the Buyer) all information and documents
enabling the Seller, in particular, to make the necessary preparations for dispatching the goods, including
in particular:

  • guidance on the labelling and transport of the goods,
  • transport permits, documents required to obtain the necessary authorisations from state authorities, and
    any other documents required for the transport of the goods in accordance with applicable legal
    regulations,
  • information and documents required by the Seller.

§ 4.2.2.3. If the Seller does not receive, in due time, from the Buyer, in particular, instructions,
authorisations, information or documents, the Seller may, at its discretion, make its own efforts to obtain
the relevant information and documents (at the Buyer’s expense) or delay the dispatch of the goods due to
the Buyer’s fault (without the Seller incurring any liability in this respect) or withdraw from the contract
(in whole or in part) with immediate effect due to the Buyer’s fault.

§ 4.2.2.4. The Buyer undertakes, inter alia, to:

  • to immediately notify the Seller by email of any identified technical or time-related restrictions
    regarding access to the unloading site and the unloading of the means of transport. In the absence of such
    information, the Seller shall be entitled to charge the Buyer for all costs arising therefrom (in the
    amount determined by the Seller).
  • ensure unimpeded access to the unloading site (including by a vehicle up to 25 metres in length and with
    a load capacity of up to 40 tonnes) and provide the machinery and personnel necessary for unloading the
    goods,
  • unload the goods from the means of transport; the Buyer shall be liable for any damage caused during the
    unloading of the goods. If unloading is impossible or delayed for reasons for which the Seller is not
    responsible, the Seller reserves the right to charge the Buyer for all related costs (in the amount
    determined by the Seller).

    The contracting parties may stipulate in the contract that the
    Seller shall carry out the unloading of the goods for an additional fee (in the amount determined by the
    Seller); however, this requires a separate agreement between the contracting parties.

§ 4.2.3. In the event that transport cannot be carried out or completed for reasons for which the Seller is
not responsible (e.g. the Buyer refuses to accept the goods), the Seller shall be entitled to claim from the
Buyer, inter alia, all transport costs (including to and from the Seller’s warehouse), storage and insurance
of the goods (these costs shall be payable by the Buyer within the time limit specified by the Seller);
storage of the goods shall be at the Buyer’s risk.

§ 4.3. Collection of goods

§ 4.3.1. Unless the Parties have agreed otherwise, the Seller shall set the date for the
delivery/collection of the goods.

§ 4.3.2. In the event of a delay by the Buyer in collecting the goods exceeding 7 days from the collection
date set by the Seller, the Seller may withdraw from the contract (in whole or in part) due to the Buyer’s
fault with immediate effect (following a prior request to the Buyer to fulfil the obligations set out in the
contract within the time limit specified by the Seller). .

§ 4.3.3. Failure by the Buyer to collect the goods within the specified time, unless the Seller has decided
otherwise, does not release the Buyer from the obligation to pay for the goods.

§ 4.3.4. Unless the Parties have agreed otherwise, the risk of accidental loss or damage to the goods, and
liability for the goods, passes to the Buyer upon delivery of the goods to the Buyer (in the event that the
Buyer collects the goods in person from the Seller; in the event of the Seller providing a service – the
risk and liability pass as soon as the Seller leaves the goods at the place where the service is to be
performed) or to a forwarding agent, carrier or other person responsible for delivering the goods to the
Buyer, from the plant or warehouse indicated by the Seller (at the time of completion of loading); The
Seller shall not be liable, in particular, for any damage to or shortages in the goods themselves or their
packaging arising after that point. In particular, the Seller shall not be liable for damage caused by the
actions of the carrier, freight forwarder or any other person responsible for delivering the goods.

§ 4.3.5. Unless the Seller has specified a different place of performance of the contract, the fulfilment
of all obligations arising from the contract shall take place at the Seller’s registered office or at a
warehouse designated by the Seller.

§ 4.3.6. Upon collection of the goods, the Buyer is obliged to sign the documents confirming receipt of the
goods legibly (with their full name), thereby confirming receipt of the goods. Failure by the Buyer to sign
the goods receipt documents, e.g. due to the Buyer’s absence or the absence of a person authorised by the
Buyer at the time of collection, or a refusal to sign, shall be treated as an absence of reservations
regarding the goods (in particular regarding the quality or correctness of the goods delivered).

§ 4.3.7. The Buyer is obliged to designate to the Seller an authorised person to collect the goods and sign
the relevant documents confirming receipt of the goods, no later than 2 working days prior to collection. If
the Buyer fails to designate a person authorised to collect the goods, it shall be assumed that any person
signing the aforementioned documents at the place of delivery/collection of the goods is the Buyer’s
representative (holding a power of attorney from the Buyer).

§ 4.3.8. If the Buyer fails to collect the goods on time, the Seller may:

  • store the goods themselves or place them in a third-party warehouse of their choice; in either case,
    storage shall be at the Buyer’s expense (as determined by the Seller, not less than 0.1% of the value of
    the uncollected goods for each day of storage commenced) and risk, or
  • deem that the goods have been delivered, issue the Buyer with a VAT invoice or a debit note for the
    goods and all costs associated with the contract, and consider the contract to have been fulfilled, or
  • withdraw from the contract (in whole or in part) with immediate effect.

§ 4.3.9. Where the Buyer collects the goods directly from the location specified by the Seller (transport
organised by the Buyer), the Buyer is obliged to:

  • notify the Seller at least 1 working day in advance of the intention to collect the goods, providing the
    information specified by the Seller, including: the vehicle registration number, the driver’s details
    (first name, surname, ID card number, contact details) and the nature of the loading onto the means of
    transport,
  • provide a vehicle which, in the Seller’s opinion, allows for the safe loading and transport of the
    ordered goods.

§ 4.3.10. If, in the Seller’s opinion, the Buyer provides a vehicle that does not comply with the contract
or has insufficient loading space, or in the absence of prior notification, the Seller may refuse to load
the goods and charge the Buyer for any resulting costs (in the amount specified by the Seller), which the
Buyer is obliged to pay to the Seller within 2 working days of being informed of the amount.

§ 4.3.11. Upon collection of the goods, the Buyer is obliged to:

  • exercise due diligence in thoroughly inspecting the goods; the Buyer is obliged to examine, inter alia,
    the collective packaging, individual packaging, the goods, the documents, and the conformity of the goods
    with the contract, drawings and the parties’ agreements.
  • report any damage to the goods (e.g. any damage to the collective or individual packaging, shortages or
    damage to the goods), shortages and discrepancies between the goods and the invoice or order (e.g.
    regarding quantity), and take all necessary steps to establish the liability of the party delivering the
    goods, e.g. the carrier (in particular, note down any damage, shortages, shortages and discrepancies on
    the consignment note, take photographs of the irregularities, draw up a report on the condition of the
    goods/consignment with the carrier; obtain the carrier’s signature on the report) and immediately inform
    the Seller (if the goods are not collected directly from the Seller) by email (with confirmation of
    receipt) and by telephone regarding the situation.

§ 4.3.12. Damage to the goods, missing items, or discrepancies between the goods and the invoice or order
which could not be detected upon collection of the goods, the Buyer is obliged to report to the carrier
(requesting the drawing up of a report on the condition of the goods/consignment) and to the Seller, in
writing and by email, in each case with confirmation of receipt, no later than within 2 working days from
the date of receipt of the goods.

§ 4.3.13. The Buyer is obliged to report any shortages or discrepancies between the goods’ contents and the
received specification to the Seller in writing and by email, in each case with confirmation of receipt, no
later than within 7 working days of the date of receipt of the goods.

§ 4.3.14. The Seller reserves the right to reject the complaint and any other claims by the Buyer (the
Seller shall not be liable in any way, for any reason whatsoever, e.g. in connection with identified
transport damage, defects, shortages or non-conformities) should the Buyer fail to fulfil their obligations
set out in the two preceding paragraphs, in particular those relating to: inspecting the goods within a
reasonable timeframe, drawing up a report on the condition of the goods/consignment with the carrier, and
notifying the Seller and the carrier in a timely manner of any damage observed.

§ 4.3.15. If the Seller does not receive notification of any defects, shortages or non-conformities on the
day of collection of the goods or within 2 working days of such collection, it shall be deemed that no such
defects, shortages or non-conformities existed (e.g. the goods were not damaged in transit and nothing was
missing); the Seller’s liability for the situation, based on any legal grounds, is excluded to the maximum
extent permitted by law.

§ 4.3.16. Unless the Seller has decided otherwise, the Buyer is obliged to accept the goods delivered to
them which have physical defects that are insignificant (in the Seller’s opinion).

§ 4.3.17. The Buyer is obliged to accept partial delivery of the goods. The Seller reserves the right to
perform the contract in part (in stages). The Buyer is obliged, in each instance (unless the Parties have
agreed otherwise), to pay for the part of the contract performed by the Seller (in the amount specified by
the Seller), within the time limit indicated by the Seller.

§ 4.4. Storage of goods

§ 4.4.1. The goods must be stored in accordance with the guidelines provided by the Seller, in particular
in closed, dry, well-ventilated rooms, protected from direct sunlight. Detailed recommendations regarding
the storage of the goods can be found, amongst other places, on the Seller’s website.

§ 4.4.2. Film

§ 4.4.2.1. Protective film may be applied to the goods to provide additional protection against mechanical
damage, stress and impact that may occur during, for example, transport or handling of the goods. The
presence of the film does not exempt the buyer from the obligation to store the goods properly.

§ 4.4.2.2. Improper storage of the goods or removal of the film may make it difficult to remove the
protective film and leave adhesive residue on the goods; in such cases, complaints regarding adhesive
residue from the protective film on the goods will not be accepted by the Seller.

§ 4.4.2.3. Immediately upon receipt of the goods, the Buyer is obliged to remove the protective film and
check the condition of the goods.

§ 5. Terms

§ 5.1. The deadline for delivery of the goods to the Buyer, unless the Seller decides otherwise, shall
commence upon the fulfilment of all the following conditions: conclusion of the contract, receipt by the
Seller from the Buyer of all information and documents (deemed necessary by the Seller) for the performance
of the contract, clarification (in the Seller’s opinion) with the Buyer of any doubts relating to the
performance of the contract, and upon receipt of the full advance payment (if required by the Seller). The
Seller reserves the right to inform the Buyer of the commencement of the period.

The Seller
reserves the right not to fulfil the order (the delivery period shall not commence) if the Buyer is in
arrears with any payment to the Seller, on any legal basis.

§ 5.2. Failure by the Seller to meet the delivery deadline (performance of the contract) for reasons for
which the Seller is responsible entitles the Buyer only to set the Seller an additional deadline for
delivery (not less than 45 working days; until the expiry of this period, the Buyer is not entitled to
withdraw from the contract (the Buyer is only entitled to withdraw from the unfulfilled part of the
contract)). In all other respects, the Seller’s liability for failure to meet the delivery deadline is
excluded.

§ 5.3. The delivery deadline shall be deemed to have been met if, prior to its expiry, the goods have left
the premises or warehouse indicated by the Seller or have been sent to the Buyer (in writing or by email)
regarding the readiness to dispatch or deliver the goods.

§ 5.4. If the parties to the contract have not specified a date (day, time) for the delivery of the goods,
it is assumed that the Seller shall determine this date.

§ 5.5. The Seller shall fulfil all obligations specified in the contract, unless expressly provided
otherwise in the contract, within the time limit specified by the Seller.

§ 5.6. Due to the situation on the market for raw materials, components and goods (which results, amongst
other things, in shortages or extended delivery times) in Poland, Europe and worldwide, and the associated
difficulties in the Seller fulfilling contracts on time, the Seller cannot guarantee that the contract will
be fulfilled by the date specified therein (which is an indicative/planned date and is not binding), which
the Buyer acknowledges and agrees to; the contract performance date may (but does not ne ly) be extended by
the Seller by a period which the Seller is unable to specify at the time of concluding the contract, which
the Buyer takes into account when concluding the contract; The Seller shall not be liable (regardless of the
legal basis of the claim) for failure to perform the contract within the planned timeframe, in particular
for the reasons indicated above. The Seller shall inform the Buyer of any change to the deadline.

§ 6. Force Majeure

§ 6.1. The Seller shall not be liable for the non-performance or improper performance (e.g. failure to
deliver the goods on time) of contractual obligations, in whole or in part, insofar as this is caused by
force majeure (hereinafter referred to as Force Majeure), which includes in particular:
war (declared or undeclared), other military operations, military manoeuvres, terrorist acts, mobilisation,
rebellion, riots, revolution, uprising, military or civil coup, embargo, radioactive radiation or
radioactive contamination, epidemic, pandemic, viral or bacterial threat, earthquake, flood, fire, hail,
heavy rain or snowfall, high or low temperatures, natural disasters, strike or other labour dispute,
accident, transport delay, failure of public utilities, roadblock, transport damage, time restrictions on
heavy goods vehicle traffic, restrictions on the operations of carriers (e.g. air, land, sea, inland
waterway), shortages or interruptions in the supply of electricity or gas, shortages of materials and raw
materials, lack of components, amendments to legislation, regulations or actions by state authorities and
agencies; or if the performance of contractual obligations by the Seller has proved excessively burdensome,
in the Seller’s opinion, as a result of the occurrence of circumstances the exclusion of which was a
condition of the contract; or events which are beyond the Seller’s control or for which the Seller is not at
fault, which cannot be foreseen or avoided, and which occur after the conclusion of the contract and, in the
Seller’s opinion, constitute an obstacle to the performance of contractual obligations.

§ 6.2. Circumstances of force majeure shall release the Seller from the performance of contractual
obligations for such time as, in the Seller’s opinion, they prevent or hinder the performance of contractual
obligations.

§ 6.3. The deadlines specified in the contract shall be extended by at least the duration of the Force
Majeure event (as determined by the Seller)..

§ 6.4. The Seller affected by Force Majeure shall be entitled to notify the Buyer of this fact.

§ 6.5. Each Party shall bear its own additional costs arising from the occurrence of Force Majeure.

§ 6.6. The provisions regarding Force Majeure shall also apply if Force Majeure occurs at the Seller’s
contractors / suppliers / subcontractors, in particular at the warehouse or production facility indicated by
the Seller.

§ 6.7. If the Force Majeure persists for a period exceeding 90 working days, the Seller shall be entitled
to withdraw from the contract with immediate effect, without any liability on the part of the Seller in this
respect.

§ 6.8. The Seller shall have the right, irrespective of any extension of the contract performance period by
the duration of the Force Majeure, to extend it further by a period specified by the Seller, without
incurring any liability in this respect.

§ 6.9. The occurrence of Force Majeure shall not release the Buyer from the obligation to pay, in
particular for goods collected, and goods manufactured or prepared but not collected in accordance with the
contract due to the occurrence of Force Majeure; in case of doubt, payment shall be made within the time
limit specified by the Seller.

§ 6.10. The Parties undertake to exercise all due care in the event of Force Majeure in order to limit its
impact on the performance of obligations arising from the contract.

§ 7. Liability

§ 7.1. The Seller provides the Buyer with a warranty for the goods, to the extent and on the terms set out
solely in the General Terms and Conditions.

§ 7.2. If the Seller has not provided the Buyer with an express guarantee for the goods or service in
writing, no guarantee for the goods or service is provided; where a guarantee for the goods or service is
provided, it is granted solely in accordance with the terms set out in the Seller’s guarantee certificate.

§ 7.3. The Parties jointly agree that the warranty granted to the Buyer by the Seller covers only defects
that existed at the time of delivery of the goods to the Buyer or arose from a cause inherent in the goods
at that same time.

§ 7.4. Unless the Seller has decided otherwise, the warranty covers the European Union.

§ 7.5. If the Seller accepts a warranty claim, the Seller shall, at its discretion:

  • repair the goods (the repair shall be carried out in the manner specified by the Seller) or pay the
    Buyer a financial equivalent of the costs of repairing the goods, in the amount specified by the Seller
    (calculated on the basis of the rates applicable at the Seller’s premises and the depreciation indicated
    by the Seller), or/li>

  • supply all or part of the goods for replacement, which the Buyer shall carry out themselves at their own
    expense and risk, or
  • reduce the price by the amount specified by the Seller, or
  • withdraw from the contract.
  • Goods repaired or supplied as a replacement may differ from the goods subject to the complaint.

§ 7.6. Should the Seller deliver to the Buyer goods lacking the properties promised in writing, the Buyer
shall have the exclusive right to have the goods replaced with goods in accordance with the order, to the
exclusion of any further claims.

§ 7.7. The Seller shall be exempt from liability, in particular under the warranty and in general, if the
Buyer was aware of the defect in the goods at the time of concluding the contract or upon delivery of the
goods.

§ 7.8. The Buyer is obliged to dispose of the defective goods or their components (no earlier than 60 days
from the date the complaint is resolved) at their own expense and risk once the complaint has been resolved,
unless the Seller has instructed the Buyer to return them to the Seller. If the Seller does not receive a
return from the Buyer within 30 days of the date on which the Seller sent the Buyer a request for return,
the Seller is entitled to charge the Buyer for the value of the goods not received and/or their components
(calculated as for new goods or components), payable by the date specified by the Seller.

§ 7.9. If, following the completion of the warranty complaint procedure, the goods (free from defects or
defective [in the event of the complaint being rejected]) is not collected by the Buyer from the Seller
within the time limit specified by the Seller, the Seller shall request the Buyer to collect the goods
within the time limit specified by the Seller (in writing, electronically or in document form). Upon the
fruitless expiry of the deadline, the Seller is entitled to charge a fee for the insurance and storage of
the goods (in an amount not less than 0.5% of the gross value of the goods subject to the complaint per day
of storage); after 30 days of storage, the Seller acquires the right to dispose of the goods at the Buyer’s
expense and risk. Storage is at the Buyer’s risk. The Seller reserves the right, to the maximum extent
permitted by law, to dispose of goods free from defects.

§ 7.10. Installed goods shall be deemed free from defects that could have been detected prior to
installation. In the event that the Buyer installs defective goods (unless the Seller has expressly agreed
otherwise), the Seller shall not be liable, inter alia, for any costs associated with the necessity of
dismantling and re-installing the goods.

Exclusions

§ 7.11. The warranty does not cover, in particular, defects in the goods arising as a result of:

  • improper transport or storage of the goods by the Buyer,
  • force majeure or other events for which the Seller is not liable,
  • incorrect selection, installation, processing, use or maintenance (in particular in a manner
    inconsistent with the instructions, data sheet, the seller’s manufacturer’s recommendations, regulations
    or standards) by the Buyer or a third party,
  • the performance by the Buyer or a third party of maintenance activities reserved for the Seller’s
    service department,
  • natural/normal wear and tear,
  • mechanical damage,
  • changes or modifications to the goods made by the Buyer or other third parties without the Seller’s
    knowledge or consent,
  • use of defective goods,
  • use of the goods in a manner inconsistent with their intended purpose, technical specifications or
    physical and chemical properties..

§ 7.12. The warranty does not cover the following components of the goods in particular: filters, wiper
arms and blades, light bulbs, electrical components (i.e. fuses, relays), glass panes, and components that
wear out faster than the warranty period.

§ 7.13. The Buyer shall carry out activities related to the day-to-day operation of the goods, as set out
in the user manual or the Seller’s guidelines, at their own expense.

§ 7.14. Installed goods shall be deemed free from defects that could have been detected prior to
installation; The Buyer is obliged to refrain from installing defective goods (unless the Seller has
expressly decided otherwise). If the Buyer installs defective goods, the Seller shall not be liable for any
costs associated with the need to dismantle and reinstall the goods.

Complaints

§ 7.15. Before submitting a complaint, the Buyer is obliged to check, amongst other things, the manner of
use and maintenance of the goods, in particular with regard to compliance with the Seller’s guidelines, as
set out, amongst other places, in the instructions.

§ 7.16. The Buyer is obliged to submit a complaint under the warranty in Polish or English, in written,
electronic or documentary form, using the Seller’s current complaint form (if it is published on the
Seller’s website at the time of submitting the complaint or has been provided to the Buyer by the Seller).

§ 7.17. The Buyer is obliged to specify in the complaint, in particular: the goods subject to the complaint
(name and item number), the invoice number confirming the purchase of the goods subject to the complaint,
the date on which the defect was discovered, a description of the defects, the circumstances in which the
defect arose and was discovered, the quantity of the goods subject to the complaint, the location of the
goods subject to the complaint, and the contact details of the person (on the Buyer’s side) responsible for
the complaint.

§ 7.18. The Buyer is obliged to attach to the complaint form, in particular: proof of purchase of the goods
(a copy of the invoice), photographs and videos of the reported defect and of the entire goods (from various
angles and distances, in high resolution, in good lighting), the product label, copies of documents
confirming receipt of the goods, the condition of the goods at the time of their collection from the Seller,
confirmation that the goods were installed by persons holding the qualifications required by law or
designated by the Seller, documents confirming the performance of inspections, maintenance activities and
their scope, and other documents specified by the Seller.

Complaints procedure, scope of liability

§ 7.19. The Buyer is obliged to provide the Seller, within the timeframe, in the form and to the extent
specified by the Seller, with all information, materials and documents deemed necessary by the Seller for
the consideration of the complaint. Where additional testing of the goods subject to the complaint is
necessary for the complaint to be considered, the Buyer shall be obliged to commission such testing (at
their own expense) from an entity designated by the Seller, and subsequently provide the Seller with the
results of that entity’s testing.

§ 7.20. A complaint not submitted on the form (if published by the Seller), or which does not contain all
the required details and attachments, may not be treated by the Seller as a complaint and may not be
considered by the Seller (without the Seller incurring any liability in this respect) until the Buyer has
rectified the deficiencies.

§ 7.21. The Seller shall have the right to reject the complaint, in particular where the Buyer fails to
fulfil the obligations set out in the preceding paragraph, or fails to provide the Seller with the
opportunity to inspect the goods, or fails to provide the Seller with the information or documents required
by the Seller, to the extent, in the form and within the time limit specified by the Seller.

§ 7.22. The Buyer shall be obliged, in accordance with the Seller’s decision:

  • dismantle and send (at the Buyer’s expense and risk) the goods subject to the complaint to the Seller
    for inspection, and, once the complaint has been resolved, collect them from the Seller at their own
    expense and risk, or
  • make the goods subject to the complaint available to the Seller for inspection (until the complaint has
    been resolved) at the place where they are stored, at the time (on the days and at the times specified by
    the Seller) and in the form or manner specified by the Seller (The Buyer is obliged, inter alia, to ensure
    easy and direct access to the goods subject to the complaint, e.g. by removing covers and other elements
    concealing or in any other way obscuring the goods or restricting [in the Seller’s opinion] access to the
    goods). All costs of transporting the goods subject to the complaint, or of inspecting the goods at the
    place of their installation or storage, shall be borne by the Buyer.

The Buyer agrees that during the verification of the defect, the Seller may rectify it, and subsequently,
on the basis of, inter alia, a report on the work carried out and the parts removed (if any), take a
position regarding the complaint (rectification of the defect prior to the Seller’s response to the
complaint shall not be treated as acceptance of the complaint); The Buyer undertakes to reimburse the Seller
for the costs of the complaint (including travel expenses and the Seller’s activities related to rectifying
the defects, including parts used by the Seller ) in the event the complaint is rejected by the Seller, in
the amount and within the timeframe specified by the Seller. If, after receiving notification of the
rejection of the complaint, the Buyer fails to collect the parts removed by the Seller from the Seller
within the following 3 days, it shall be deemed that the Buyer has consented to the Seller disposing of them
at the Seller’s discretion, e.g. agrees to their disposal or scrapping. If the complaint is upheld and the
parts are replaced, the removed parts become the property of the Seller.

§ 7.23. In all cases, the Buyer is obliged to prove that the defect in the goods was already present at the
time the goods were handed over to them.

§ 7.24. The Seller may reject the Buyer’s claims, on any legal grounds (in particular under the warranty),
if the Seller has not been notified of the defect in the goods immediately, no later than within 7 days of
the defect being discovered (this does not apply to defects which the Buyer should have noticed and reported
upon collection of the goods or within a specified period following collection).

§ 7.25. The Buyer is obliged to notify the Seller of the defect by email (with confirmation of receipt), or
by any other means indicated by the Seller.

§ 7.26. The Seller will consider complaints under the warranty provided that all necessary and complete
information and documents have been received from the Buyer (in the Seller’s opinion).

§ 7.27. If, in the Seller’s opinion, an expert assessment or consultation is required to consider the
complaint (e.g. with the manufacturer of the materials from which the goods are made), the time required to
consider the complaint shall be extended accordingly by the period necessary to carry out the expert
assessment or consultation and to summarise the results of the examination. If, prior to the completion of
the expert assessment of the goods, the Buyer requests the Seller to return the goods subject to the
complaint, the Seller is entitled to reject the complaint without considering it (without incurring any
liability in this respect). The Buyer consents to the examination of the goods, which may result in their
destruction.

§ 7.28. In the event that the Seller accepts the complaint under the warranty and undertakes to repair or
replace part or all of the goods with goods free from defects, or to reduce the price. The repair,
replacement or price reduction shall take place within the time limit specified by the Seller.

§ 7.29. The time limit for responding to a complaint (accepting or rejecting it) is, as a rule, 45 working
days from the moment the following conditions are met cumulatively: the Seller has received from the Buyer
the complaint form, all documents and information required by the Seller, and the delivery (or provision to
the Seller of the goods subject to the complaint – in cases specified by the Seller). The time limit for
processing the complaint may be extended for justified reasons (e.g. awaiting test results or expert
opinions), of which the Seller shall inform the Buyer , for which the Seller shall not be liable. The Buyer
consents to destructive testing and the disposal of the damaged goods.

§ 7.30. Once the part of the goods subject to the complaint has been replaced with a defect-free item, it
becomes the property of the Seller, who decides whether the defective part of the goods is to be returned
(at the Buyer’s expense) to the Seller, or whether the Buyer is obliged to dispose of it at their own
expense and risk.

§ 7.31. The Seller is not obliged to supply replacement goods whilst the complaint is being processed; the
supply of replacement goods or parts does not constitute acceptance of the complaint. If the Buyer is
provided with replacement goods or a part, and the complaint is subsequently upheld, and the Buyer fails to
return the replacement goods or part to the Seller within the timeframe specified by the Seller despite
being requested to do so, the Buyer shall be obliged to pay the price specified by the Seller for the
replacement goods or part within 7 days of receiving the invoice. If the Buyer is supplied with replacement
goods or parts and the complaint is subsequently rejected by the Seller, the Buyer shall, at the Seller’s
discretion, either return the replacement goods or parts to the Seller or pay the Seller the price specified
by the Seller for the replacement goods or parts within 7 days of receiving the invoice.

§ 7.32. If the Seller accepts a complaint regarding a shortage in quantity, the Seller shall deliver the
missing quantity of goods within the timeframe specified by the Seller..

§ 7.33. In the event that the Buyer lodges a complaint which the Seller deems to be unfounded, the Seller
shall be entitled to charge the Buyer for all costs associated with the Seller’s handling of the complaint
(including, but not limited to, the cost of service labour, testing, components used and the costs of
organising them, the cost of equipment hire, any travel, accommodation, transport costs for testing, etc.),
within the timeframe, scope and amount specified by the Seller.

§ 7.34. The Parties, to the maximum extent permitted by law, subject to the following two paragraphs,
exclude the Seller’s liability for damages for any loss suffered by the Buyer in any way connected with the
contract, including in particular in connection with its conclusion, performance or termination, regardless
of the legal basis of the claims and their number; In particular, the Seller shall not be liable for: loss
of revenue, costs arising from the suspension of installation, reputational costs, loss of profits, direct
or indirect damages, or claims by third parties brought against the Buyer. To the fullest extent permitted
by law, the Parties exclude the possibility of bringing claims for damages against the Seller on a tortious
basis.

§ 7.35. Should the Seller accept the complaint and repair the goods, or pay a financial equivalent for the
cost of repairing the goods, in the amount determined by the Seller (calculated on the basis of the Seller’s
current rates and the depreciation indicated by the Seller), or supply replacement goods (in whole or in
part, as appropriate) via , the Seller – The Seller, at its discretion, shall cover only the costs of the
Seller’s service centre labour for the repair and the costs of the components used for the repair or the
equivalent costs, or the costs of the replacement goods themselves. If the complaint is upheld and the
Seller reduces the price of the goods, the Seller shall bear only the cost of refunding part of the value of
the goods subject to the complaint. If the complaint is upheld and the Seller withdraws from the contract,
the Seller shall bear only the cost of refunding the value of the goods subject to the complaint (the price
stated on the invoice confirming the purchase of the goods from the Seller).

§ 7.36. The Seller shall perform the action(s) described in the preceding paragraph (including covering the
costs of such action(s)) until the total value of such action(s) does not exceed the net value (the price
stated on the Seller’s invoice) of the goods in question (the specific item of goods from the invoice
confirming the purchase of the goods from the Seller) to which the complaint(s) relates/relate;

§ 7.37. If the goods have been altered, the Seller’s liability for defects in the goods that may have
arisen as a result of such alteration shall lapse to the maximum extent permitted by law.

§ 7.38. The warranty is granted for a period of 12 months (counting from the date of delivery of the goods
to the Buyer’s customer / the user of the goods), but not more than 24 months from the date of manufacture.

§ 7.39. The Seller is liable for defects in the goods that have been reported to them within the time
limits specified in the contract, including in the General Terms and Conditions.

§ 7.40. Consumables are not covered by the warranty.

§ 7.41. The seller shall not be liable for repairs to the goods which it does not carry out, the outcome of
such repairs, or any defects that have arisen or may arise in connection with the repairs.

§ 7.1. The Seller provides the Buyer with a warranty for the goods, to the extent and on the terms set out
solely in the General Terms and Conditions.

§ 7.2. If the Seller has not provided the Buyer with an express guarantee for the goods or service in
writing, no guarantee for the goods or service is provided; where a guarantee for the goods or service is
provided, it is granted solely in accordance with the terms set out in the Seller’s guarantee certificate.

§ 7.3. The Parties jointly agree that the warranty granted to the Buyer by the Seller covers only defects
that existed at the time of delivery of the goods to the Buyer or arose from a cause inherent in the goods
at that same time.

§ 7.4. Unless the Seller has decided otherwise, the warranty covers the European Union.

§ 7.5. If the Seller accepts a warranty claim, the Seller shall, at its discretion:

  • repair the goods (the repair shall be carried out in the manner specified by the Seller) or pay the
    Buyer a financial equivalent of the costs of repairing the goods, in the amount specified by the Seller
    (calculated on the basis of the rates applicable at the Seller’s premises and the depreciation indicated
    by the Seller), or/li>

  • supply all or part of the goods for replacement, which the Buyer shall carry out themselves at their own
    expense and risk, or
  • reduce the price by the amount specified by the Seller, or
  • withdraw from the contract.
  • Goods repaired or supplied as a replacement may differ from the goods subject to the complaint.

§ 7.6. Should the Seller deliver to the Buyer goods lacking the properties promised in writing, the Buyer
shall have the exclusive right to have the goods replaced with goods in accordance with the order, to the
exclusion of any further claims.

§ 7.7. The Seller shall be exempt from liability, in particular under the warranty and in general, if the
Buyer was aware of the defect in the goods at the time of concluding the contract or upon delivery of the
goods.

§ 7.8. The Buyer is obliged to dispose of the defective goods or their components (no earlier than 60 days
from the date the complaint is resolved) at their own expense and risk once the complaint has been resolved,
unless the Seller has instructed the Buyer to return them to the Seller. If the Seller does not receive a
return from the Buyer within 30 days of the date on which the Seller sent the Buyer a request for return,
the Seller is entitled to charge the Buyer for the value of the goods not received and/or their components
(calculated as for new goods or components), payable by the date specified by the Seller.

§ 7.9. If, following the completion of the warranty complaint procedure, the goods (free from defects or
defective [in the event of the complaint being rejected]) is not collected by the Buyer from the Seller
within the time limit specified by the Seller, the Seller shall request the Buyer to collect the goods
within the time limit specified by the Seller (in writing, electronically or in document form). Upon the
fruitless expiry of the deadline, the Seller is entitled to charge a fee for the insurance and storage of
the goods (in an amount not less than 0.5% of the gross value of the goods subject to the complaint per day
of storage); after 30 days of storage, the Seller acquires the right to dispose of the goods at the Buyer’s
expense and risk. Storage is at the Buyer’s risk. The Seller reserves the right, to the maximum extent
permitted by law, to dispose of goods free from defects.

§ 7.10. Installed goods shall be deemed free from defects that could have been detected prior to
installation. In the event that the Buyer installs defective goods (unless the Seller has expressly agreed
otherwise), the Seller shall not be liable, inter alia, for any costs associated with the necessity of
dismantling and re-installing the goods.

Exclusions

§ 7.11. The warranty does not cover, in particular, defects in the goods arising as a result of:

  • improper transport or storage of the goods by the Buyer,
  • force majeure or other events for which the Seller is not liable,
  • incorrect selection, installation, processing, use or maintenance (in particular in a manner
    inconsistent with the instructions, data sheet, the seller’s manufacturer’s recommendations, regulations
    or standards) by the Buyer or a third party,
  • the performance by the Buyer or a third party of maintenance activities reserved for the Seller’s
    service department,
  • natural/normal wear and tear,
  • mechanical damage,
  • changes or modifications to the goods made by the Buyer or other third parties without the Seller’s
    knowledge or consent,
  • use of defective goods,
  • use of the goods in a manner inconsistent with their intended purpose, technical specifications or
    physical and chemical properties..

§ 7.12. The warranty does not cover the following components of the goods in particular: filters, wiper
arms and blades, light bulbs, electrical components (i.e. fuses, relays), glass panes, and components that
wear out faster than the warranty period.

§ 7.13. The Buyer shall carry out activities related to the day-to-day operation of the goods, as set out
in the user manual or the Seller’s guidelines, at their own expense.

§ 7.14. Installed goods shall be deemed free from defects that could have been detected prior to
installation; The Buyer is obliged to refrain from installing defective goods (unless the Seller has
expressly decided otherwise). If the Buyer installs defective goods, the Seller shall not be liable for any
costs associated with the need to dismantle and reinstall the goods.

Complaints

§ 7.15. Before submitting a complaint, the Buyer is obliged to check, amongst other things, the manner of
use and maintenance of the goods, in particular with regard to compliance with the Seller’s guidelines, as
set out, amongst other places, in the instructions.

§ 7.16. The Buyer is obliged to submit a complaint under the warranty in Polish or English, in written,
electronic or documentary form, using the Seller’s current complaint form (if it is published on the
Seller’s website at the time of submitting the complaint or has been provided to the Buyer by the Seller).

§ 7.17. The Buyer is obliged to specify in the complaint, in particular: the goods subject to the complaint
(name and item number), the invoice number confirming the purchase of the goods subject to the complaint,
the date on which the defect was discovered, a description of the defects, the circumstances in which the
defect arose and was discovered, the quantity of the goods subject to the complaint, the location of the
goods subject to the complaint, and the contact details of the person (on the Buyer’s side) responsible for
the complaint.

§ 7.18. The Buyer is obliged to attach to the complaint form, in particular: proof of purchase of the goods
(a copy of the invoice), photographs and videos of the reported defect and of the entire goods (from various
angles and distances, in high resolution, in good lighting), the product label, copies of documents
confirming receipt of the goods, the condition of the goods at the time of their collection from the Seller,
confirmation that the goods were installed by persons holding the qualifications required by law or
designated by the Seller, documents confirming the performance of inspections, maintenance activities and
their scope, and other documents specified by the Seller.

Complaints procedure, scope of liability

§ 7.19. The Buyer is obliged to provide the Seller, within the timeframe, in the form and to the extent
specified by the Seller, with all information, materials and documents deemed necessary by the Seller for
the consideration of the complaint. Where additional testing of the goods subject to the complaint is
necessary for the complaint to be considered, the Buyer shall be obliged to commission such testing (at
their own expense) from an entity designated by the Seller, and subsequently provide the Seller with the
results of that entity’s testing.

§ 7.20. A complaint not submitted on the form (if published by the Seller), or which does not contain all
the required details and attachments, may not be treated by the Seller as a complaint and may not be
considered by the Seller (without the Seller incurring any liability in this respect) until the Buyer has
rectified the deficiencies.

§ 7.21. The Seller shall have the right to reject the complaint, in particular where the Buyer fails to
fulfil the obligations set out in the preceding paragraph, or fails to provide the Seller with the
opportunity to inspect the goods, or fails to provide the Seller with the information or documents required
by the Seller, to the extent, in the form and within the time limit specified by the Seller.

§ 7.22. The Buyer shall be obliged, in accordance with the Seller’s decision:

  • dismantle and send (at the Buyer’s expense and risk) the goods subject to the complaint to the Seller
    for inspection, and, once the complaint has been resolved, collect them from the Seller at their own
    expense and risk, or
  • make the goods subject to the complaint available to the Seller for inspection (until the complaint has
    been resolved) at the place where they are stored, at the time (on the days and at the times specified by
    the Seller) and in the form or manner specified by the Seller (The Buyer is obliged, inter alia, to ensure
    easy and direct access to the goods subject to the complaint, e.g. by removing covers and other elements
    concealing or in any other way obscuring the goods or restricting [in the Seller’s opinion] access to the
    goods). All costs of transporting the goods subject to the complaint, or of inspecting the goods at the
    place of their installation or storage, shall be borne by the Buyer.

The Buyer agrees that during the verification of the defect, the Seller may rectify it, and subsequently,
on the basis of, inter alia, a report on the work carried out and the parts removed (if any), take a
position regarding the complaint (rectification of the defect prior to the Seller’s response to the
complaint shall not be treated as acceptance of the complaint); The Buyer undertakes to reimburse the Seller
for the costs of the complaint (including travel expenses and the Seller’s activities related to rectifying
the defects, including parts used by the Seller ) in the event the complaint is rejected by the Seller, in
the amount and within the timeframe specified by the Seller. If, after receiving notification of the
rejection of the complaint, the Buyer fails to collect the parts removed by the Seller from the Seller
within the following 3 days, it shall be deemed that the Buyer has consented to the Seller disposing of them
at the Seller’s discretion, e.g. agrees to their disposal or scrapping. If the complaint is upheld and the
parts are replaced, the removed parts become the property of the Seller.

§ 7.23. In all cases, the Buyer is obliged to prove that the defect in the goods was already present at the
time the goods were handed over to them.

§ 7.24. The Seller may reject the Buyer’s claims, on any legal grounds (in particular under the warranty),
if the Seller has not been notified of the defect in the goods immediately, no later than within 7 days of
the defect being discovered (this does not apply to defects which the Buyer should have noticed and reported
upon collection of the goods or within a specified period following collection).

§ 7.25. The Buyer is obliged to notify the Seller of the defect by email (with confirmation of receipt), or
by any other means indicated by the Seller.

§ 7.26. The Seller will consider complaints under the warranty provided that all necessary and complete
information and documents have been received from the Buyer (in the Seller’s opinion).

§ 7.27. If, in the Seller’s opinion, an expert assessment or consultation is required to consider the
complaint (e.g. with the manufacturer of the materials from which the goods are made), the time required to
consider the complaint shall be extended accordingly by the period necessary to carry out the expert
assessment or consultation and to summarise the results of the examination. If, prior to the completion of
the expert assessment of the goods, the Buyer requests the Seller to return the goods subject to the
complaint, the Seller is entitled to reject the complaint without considering it (without incurring any
liability in this respect). The Buyer consents to the examination of the goods, which may result in their
destruction.

§ 7.28. In the event that the Seller accepts the complaint under the warranty and undertakes to repair or
replace part or all of the goods with goods free from defects, or to reduce the price. The repair,
replacement or price reduction shall take place within the time limit specified by the Seller.

§ 7.29. The time limit for responding to a complaint (accepting or rejecting it) is, as a rule, 45 working
days from the moment the following conditions are met cumulatively: the Seller has received from the Buyer
the complaint form, all documents and information required by the Seller, and the delivery (or provision to
the Seller of the goods subject to the complaint – in cases specified by the Seller). The time limit for
processing the complaint may be extended for justified reasons (e.g. awaiting test results or expert
opinions), of which the Seller shall inform the Buyer , for which the Seller shall not be liable. The Buyer
consents to destructive testing and the disposal of the damaged goods.

§ 7.30. Once the part of the goods subject to the complaint has been replaced with a defect-free item, it
becomes the property of the Seller, who decides whether the defective part of the goods is to be returned
(at the Buyer’s expense) to the Seller, or whether the Buyer is obliged to dispose of it at their own
expense and risk.

§ 7.31. The Seller is not obliged to supply replacement goods whilst the complaint is being processed; the
supply of replacement goods or parts does not constitute acceptance of the complaint. If the Buyer is
provided with replacement goods or a part, and the complaint is subsequently upheld, and the Buyer fails to
return the replacement goods or part to the Seller within the timeframe specified by the Seller despite
being requested to do so, the Buyer shall be obliged to pay the price specified by the Seller for the
replacement goods or part within 7 days of receiving the invoice. If the Buyer is supplied with replacement
goods or parts and the complaint is subsequently rejected by the Seller, the Buyer shall, at the Seller’s
discretion, either return the replacement goods or parts to the Seller or pay the Seller the price specified
by the Seller for the replacement goods or parts within 7 days of receiving the invoice.

§ 7.32. If the Seller accepts a complaint regarding a shortage in quantity, the Seller shall deliver the
missing quantity of goods within the timeframe specified by the Seller..

§ 7.33. In the event that the Buyer lodges a complaint which the Seller deems to be unfounded, the Seller
shall be entitled to charge the Buyer for all costs associated with the Seller’s handling of the complaint
(including, but not limited to, the cost of service labour, testing, components used and the costs of
organising them, the cost of equipment hire, any travel, accommodation, transport costs for testing, etc.),
within the timeframe, scope and amount specified by the Seller.

§ 7.34. The Parties, to the maximum extent permitted by law, subject to the following two paragraphs,
exclude the Seller’s liability for damages for any loss suffered by the Buyer in any way connected with the
contract, including in particular in connection with its conclusion, performance or termination, regardless
of the legal basis of the claims and their number; In particular, the Seller shall not be liable for: loss
of revenue, costs arising from the suspension of installation, reputational costs, loss of profits, direct
or indirect damages, or claims by third parties brought against the Buyer. To the fullest extent permitted
by law, the Parties exclude the possibility of bringing claims for damages against the Seller on a tortious
basis.

§ 7.35. Should the Seller accept the complaint and repair the goods, or pay a financial equivalent for the
cost of repairing the goods, in the amount determined by the Seller (calculated on the basis of the Seller’s
current rates and the depreciation indicated by the Seller), or supply replacement goods (in whole or in
part, as appropriate) via , the Seller – The Seller, at its discretion, shall cover only the costs of the
Seller’s service centre labour for the repair and the costs of the components used for the repair or the
equivalent costs, or the costs of the replacement goods themselves. If the complaint is upheld and the
Seller reduces the price of the goods, the Seller shall bear only the cost of refunding part of the value of
the goods subject to the complaint. If the complaint is upheld and the Seller withdraws from the contract,
the Seller shall bear only the cost of refunding the value of the goods subject to the complaint (the price
stated on the invoice confirming the purchase of the goods from the Seller).

§ 7.36. The Seller shall perform the action(s) described in the preceding paragraph (including covering the
costs of such action(s)) until the total value of such action(s) does not exceed the net value (the price
stated on the Seller’s invoice) of the goods in question (the specific item of goods from the invoice
confirming the purchase of the goods from the Seller) to which the complaint(s) relates/relate;

§ 7.37. If the goods have been altered, the Seller’s liability for defects in the goods that may have
arisen as a result of such alteration shall lapse to the maximum extent permitted by law.

§ 7.38. The warranty is granted for a period of 12 months (counting from the date of delivery of the goods
to the Buyer’s customer / the user of the goods), but not more than 24 months from the date of manufacture.

§ 7.39. The Seller is liable for defects in the goods that have been reported to them within the time
limits specified in the contract, including in the General Terms and Conditions.

§ 7.40. Consumables are not covered by the warranty.

§ 7.41. The seller shall not be liable for repairs to the goods which it does not carry out, the outcome of
such repairs, or any defects that have arisen or may arise in connection with the repairs.

§ 8. Intellectual Property

§ 8.1. All intellectual property, including copyright and related rights as well as industrial property
rights, comprising in particular works (e.g. designs, sketches, concepts, descriptions, analyses, tables)
and inventive designs, patents, trade marks, utility models, belonging to the Seller or developed by the
Seller in connection with the performance of the contract shall remain the Seller’s exclusive property, and
the Buyer shall not be entitled to any rights, in particular economic copyright and related rights,
industrial property rights or other rights authorising the Buyer to use them beyond the scope specified in
the contract or indicated by the Seller. In the event of any doubt, it is understood that the Buyer may use,
on a non-exclusive basis, within the scope specified by the Seller, the works, for the period indicated by
the Seller, without any right to make them available to third parties, except in cases specified by the
Seller. In the event of a breach of the provisions of this paragraph, the Seller shall be entitled to claim
a contractual penalty from the Buyer in the amount of PLN 250,000 (two hundred and fifty thousand zlotys)
for each instance of breach.

§ 8.2. The dissemination and disclosure of the Seller’s intellectual property to third parties, subject to
clause 8.1, is prohibited and constitutes a breach of the Seller’s rights. An exception is made for
technical information and illustrative drawings of the goods made available in the Seller’s advertising
materials, in particular those published on websites managed by or on behalf of the Seller.

§ 8.3. The Seller shall not be liable for any use by the Buyer of the goods or the trademarks affixed to
the goods that is contrary to the contract or the law.

§ 8.4. The Buyer shall indemnify the Seller and hold the Seller harmless from any claims and costs arising
from the infringement of third-party rights (including, but not limited to, patent rights, design rights or
trademark rights, and copyright), provided that the infringement relates, for example, to designs, drawings
and specifications provided to the Seller by the Buyer for the purposes of performing the contract.

§ 9. Termination, withdrawal from the contract

§ 9.1. In the case of ongoing obligations, the Seller shall be entitled to terminate the contract subject
to a 14-day notice period; notice of termination must be given in writing or electronically, otherwise it
shall be null and void. The date of termination shall be the date on which the notice is received by the
addressee (if the notice is not accepted, the date of termination shall be the date on which the 14-day
period expires, counting from the date of the first attempted delivery).

§ 9.2. The Seller shall have the right, except in cases specified by law, to withdraw from the contract
with immediate effect if the Buyer, despite being requested to cease the breaches within the time limit
specified by the Seller:

  • is in arrears with payment of any amount due to the Seller,
  • fails (in the Seller’s opinion) to fulfil any of the obligations set out in the contract (including
    these General Terms and Conditions),
  • in the Seller’s opinion, damages the Seller’s reputation,
  • proceedings for seizure, enforcement or proceedings with a similar effect are initiated against the
    Buyer’s assets, and the Buyer, for example, enters into or proposes to enter into an arrangement or
    agreement with creditors,
  • a resolution is passed or a motion is filed for the dissolution or liquidation of the Buyer (for a
    purpose other than transformation).

§ 9.3. In the event that the contract ceases to have effect (including as a result of termination,
cancellation or withdrawal from the contract) the Buyer is obliged, irrespective of other obligations set
out in the contract (including in the GTC) and by law, in particular to pay the Seller for the part of the
contract performed by the Seller (including for goods collected) and to reimburse the Seller for the costs
incurred by the Seller in connection with the conclusion, performance and termination of the contract
(including, but not limited to, payment for all goods ordered or purchased by the Seller which the Seller
will be unable to return, goods in production, manufactured and stored by the Seller or a third party for
the purpose of performing the contract with the Buyer, and services ordered by the Seller for the purpose of
performing the contract with the Buyer) in the amount and by the deadline specified by the Seller.

§ 9.4. The termination of the contract shall not affect any claims or rights to which the Seller is or may
be entitled under the terminated contract; the Buyer shall, in particular, be obliged to pay contractual
penalties even in the event of the contract’s expiry.

§ 9.5. The Seller shall be entitled to retain the advance payment made by the Buyer towards the amounts due
to the Seller.

§ 9.6. The Seller is entitled to withdraw from the contract at any time within 6 (six) months of the
occurrence of grounds for withdrawal.

§ 9.7. Withdrawal from the contract by the Seller, unless the Seller has decided otherwise, takes effect ex
nunc (from now on), i.e. on the date of withdrawal, and applies only to the unfulfilled part of the
contract.

§ 9.8. In the event of the termination of the contract, the Buyer shall secure the goods (or part thereof),
at its own expense and risk, until payment has been made to the Seller.

§ 10. Contractual Penalties

§ 10.1. In any case where the contract is terminated for reasons for which the Buyer is responsible, the
Seller shall be entitled to charge the Buyer a contractual penalty amounting to 20% (twenty per cent) of the
gross value of the entire contract (the total price/remuneration).

§ 10.2. In any event where the Buyer is in default of its obligations under the contract, in particular
those set out in the General Terms and Conditions, the Seller shall be entitled to charge the Buyer a
contractual penalty for each day of delay commenced, amounting to 0.3% of the gross value of the entire
contract (total price/remuneration), up to a total of no more than 40% of the gross value of the contract
(total price/remuneration).

§ 10.3. Notwithstanding any other obligations arising from the contract, including the GTC, the Buyer is
obliged to pay the contractual penalty. Payment of the contractual penalty does not release the Seller from
the obligation to comply with the provisions of the contract.

§ 10.4. The Buyer is obliged to pay contractual penalties even in the event of the termination of the
contract.

§ 10.5. The contractual penalty shall be paid by the Buyer on the basis of a debit note issued by the
Seller, within the time limit specified in the note.

§ 10.6. In the event that the Seller’s loss exceeds the contractual penalty stipulated in the contract
(including the General Terms and Conditions), the Seller is always entitled to claim supplementary damages
from the Buyer in accordance with general principles.

§ 11. Confidential Information

§ 11.1. The Buyer undertakes to keep confidential, for the duration of the contract and for a period of 5
years following the termination of the contract, all information (regardless of the manner or form in which
it was provided or made available to the Buyer) obtained in connection with the conclusion and performance
of the contract, and in particular not to use for their own purposes or those of third parties, or disclose
to third parties, any information concerning the Seller or received from the Seller, including commercial
information, details of negotiations, order fulfilment deadlines, business plans, forecasts, financial data,
operating methods, software, inventions, discoveries, pricing structures, penalties, discount policies,
offers or quotations received, marketing policies, information regarding the service or complaints
procedures, complaint processing times, technical and technological information, data concerning employees,
associates and other information, the disclosure or use of which could in any way prejudice the Seller’s
interests (hereinafter referred to as Confidential Information). Notification of the conclusion of a
contract does not constitute a breach of this obligation.

§ 11.2. The disclosure of Confidential Information, with the exception of disclosure arising from the
fulfilment of obligations under generally applicable legal provisions, requires the Seller’s express prior
consent, given in writing (under pain of nullity).

§ 11.3. The Buyer is obliged to protect Confidential Information in at least the same manner as it protects
its own trade secrets.

§ 11.4. Should the Buyer receive a request from an authority or court, acting in accordance with generally
applicable legal provisions, to disclose Confidential Information, the Buyer is obliged to immediately
inform the Seller of the receipt of such a request and to act in accordance with the Seller’s instructions.

§ 11.5. In the event of disclosing Confidential Information to its employees and associates in connection
with the performance of the contract, the Buyer shall be obliged to inform such persons of the confidential
nature of the information provided and to require them to maintain the confidentiality of the Confidential
Information (at least in accordance with the terms set out in this chapter).

§ 11.6. In the event of any breach by the Buyer of the provisions set out in this chapter, the Seller shall
be entitled to charge the Buyer a contractual penalty of 15,000 (fifteen thousand) euros for each instance
of breach of the above provisions, payable by the date specified by the Seller.

§ 11.7. The Seller is entitled to disclose information and documents received from the Buyer to entities
with which it is linked by capital, organisation, personnel or law, as well as to its associates and
advisers.

§ 12. Personal Data

§ 12.1. The Parties hereby confirm that the conclusion and performance of the contract may involve the
processing of personal data. Accordingly, both Parties are obliged to comply with generally applicable laws
on the protection of personal data, including Regulation (EU) (EU) 2016/679 of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC, OJ L 119, 4.5.2016 (hereinafter referred to as the Regulation)
and Polish law, including the Act of 10 May 2018 on the protection of personal data (Journal of Laws
2018.1000).

§ 12.2. The Parties are obliged:

§ 12.2.1. process personal data on the basis of the consent of the data subjects or on the basis of another
ground authorising the processing of personal data in accordance with the provisions of the Regulation; the
legal basis may, in particular, be a legitimate interest (Article 6(1)(f) of the GDPR) consisting in
enabling the Party to properly perform the contract.y.

§ 12.2.2. ensure that the processing of personal data obtained from or relating to the other Party is
carried out exclusively by authorised persons – on the basis of an authorisation or a data processing
agreement – and acting solely on the instructions of the Party. Such persons are obliged to maintain
confidentiality. This confidentiality also covers all information regarding the security measures in place
for the personal data entrusted for processing.

§ 12.2.3. ensure that the processing of personal data takes place in a manner that ensures the appropriate
security of personal data, including protection against unlawful processing and accidental loss, destruction
or damage, by means of appropriate technical or organisational measures,

§ 12.2.4. unless otherwise provided for in the contract, not to disclose personal data obtained from the
other Party or relating to the other Party to entities other than those authorised under the relevant
provisions of law, unless required by European Union law or Polish law;

§ 12.2.5. to cooperate in the performance of the above obligations, including for the purpose of fulfilling
the obligation to respond to requests from the data subject regarding the exercise of their rights.

§ 12.3. The Parties shall implement appropriate technical and organisational measures to ensure that the
personal data being processed is protected in a manner appropriate to the nature, scope, context and
purposes of the processing, as well as the risk of infringement of the rights or freedoms of natural
persons.

§ 12.4. The Parties shall ensure that the rights of data subjects are upheld, taking into account the fact
that such data subjects are entitled, inter alia, to:

§ 12.4.1. the right to withdraw consent to the processing of personal data;

§ 12.4.2. the right to information regarding their personal data;

§ 12.4.3. the right to control the processing of data, including the right to supplement, update, rectify
and erase it; ;

§ 12.4.4. the right to object to processing or to restrict processing;

§ 12.4.5. the right to lodge a complaint with a supervisory authority and to use other legal remedies to
protect their rights.

§ 12.5. Each Party shall be liable for its own acts or omissions in accordance with the provisions of the
law. A Party shall be liable for the acts or omissions of persons it engages in the performance of the
contract as for its own acts or omissions.

§ 12.6. The Parties shall be liable for any damage caused to the other Party or to third parties as a
result of the processing of personal data in breach of the contract or the law..

§ 12.7. If a Party becomes aware of a breach of personal data protection concerning personal data obtained
from or relating to the other Party, it is obliged to notify the other Party of such a breach within a
maximum of 24 hours of becoming aware of it.

§ 12.8. Upon termination of the cooperation, a party to the agreement shall, at the request of the other
party, be obliged to delete, within 14 days of receipt of the request, all personal data it has received and
all existing copies thereof, unless European Union law or the law of a Member State requires the retention
of personal data.

§ 12.9. A party is obliged to provide the other party with the information necessary to demonstrate
compliance with the obligations set out in this paragraph.

§ 12.10. Each party, as the data controller for its employees, shall inform them (information obligation)
that their personal data may be processed by contractors for the purpose of establishing cooperation and for
the performance of concluded contracts.

§ 13. International Agreements

§ 13.1. In the event of the sale of goods outside the borders of the Republic of Poland, the Buyer is
obliged to provide the Seller, within the time limit specified by the Seller, with the documents and
information required by law or indicated by the Seller (including those confirming that the goods have been
delivered to their destination), failing which the Seller shall charge the Buyer the amount of VAT and any
other costs incurred by the Seller as a result of not receiving them from the Buyer (e.g. arising from
penalties or customs duties imposed on the Seller).

§ 13.2. In the case of payment in euros, the Buyer shall reimburse the Seller for all costs associated
therewith (including those arising from exchange rate risk and currency conversion costs), in the amount
specified by the Seller. .

§ 13.3. The provisions of the United Nations Convention on Contracts for the International Sale of Goods
and related rules of international law shall not apply.

§ 13.4. The language of the contract is Polish. In the event of any discrepancies between the Polish and
any other language version, the Polish language version shall prevail for the purposes of interpreting the
provisions of the contract and shall be binding in this respect.

§ 13.5. Sales – Intra-Community:

§ 13.5.1. Buyers from European Union countries are required to provide a European VAT registration number
in order to make a purchase at a 0% VAT rate.

§ 13.5.2. Buyers from European Union countries are also required to confirm receipt of the goods on the
document sent by the Seller. In the absence of a signed confirmation, the Seller will issue an invoice
subject to Polish value added tax (VAT) at the current rate.

§ 13.5.3. The Buyer may be charged Polish value added tax (VAT) if the validity of the European VAT
registration number is not confirmed as of the date of concluding the contract with the Seller, or if the
number is not valid on the date of delivery of the goods..

§ 13.5.4. The Buyer will also be charged Polish value added tax (VAT) if they transport the purchased goods
outside the territory of Poland on their own and do not provide the Seller with confirmation of the export
of the goods to another European Union country.

§ 13.6. Once the obstacles have been removed and the goods have left the European Union, the Seller shall
adjust the value added tax (VAT) rate and refund the adjusted value added tax (VAT) amount to the Buyer; the
form of the refund shall be agreed upon by the parties.

§ 13.7. The Buyer acknowledges that the laws of certain countries and international organisations impose
restrictions on trade in certain goods and related technology and documentation with specific countries,
entities or individuals, and declares that, in light of applicable national and international law, they are
not deprived of the right to purchase the goods offered for sale by the Seller./p>

§ 13.8. The Buyer undertakes to comply with the law, including customs and import regulations of the
country to which the goods purchased from the Seller are to be delivered, and to obtain the necessary
permits or licences, including for the sale and import of goods from their countries of origin, provided
that the regulations in force in those countries require such permits or licences to be obtained, and to
comply with the customs regulations of those countries.

§ 14. Final provisions

§ 14.1. In matters not covered by this agreement, the provisions of Polish law shall apply, in particular
the Civil Code.

§ 14.2. The Seller and the Buyer shall endeavour to settle amicably any disputes arising in connection
with the conclusion and performance of contracts covered by these terms and conditions.

§ 14.3. Any disputes shall be settled by the Polish common courts having jurisdiction over the Seller’s
registered office.

§ 14.4. The parties agree that, inter alia, statements, requests, notifications and information sent by
email shall be deemed to have been delivered by the Buyer to the Seller within the prescribed time limit
if their content was received by the Seller within that time limit, as confirmed by a read receipt or an
acknowledgement of receipt./p>

§ 14.5. If a Party refuses to accept a document, the document shall be deemed to have been delivered on
the date of refusal by that Party

§ 14.6. The invalidity or ineffectiveness of any provision of the contract (or part thereof) shall not
affect the validity and effectiveness of the remaining provisions. Should any provision of the contract be
deemed invalid or legally defective, the remaining provisions of the contract shall remain in force to the
fullest extent permitted by applicable law. At the same time, the Parties to the contract undertake to
replace such provisions without delay with valid provisions, taking into account the economic purpose of
the contract and the will and intention of the parties to the contract.

§ 14.7. Unless the Seller has stipulated otherwise, in the event of any discrepancies between documents,
the following hierarchy shall apply (in order of priority): 1) the contract concluded between the Seller
and the Buyer, 2) the Seller’s Order Confirmation, 3) the Seller’s quotation, 4) the GTC, 5) the Seller’s
price quotation.

§ 14.8. The Buyer undertakes to cooperate with the Seller at every stage of the contract’s performance,
and in particular to carry out the activities (including the provision of data, information, materials and
documents) specified by the Seller (within the timeframe, in the form and to the extent specified by the
Seller).

§ 14.9. The Seller may perform the contract with the assistance of subcontractors.

§ 14.10. Each Party undertakes to immediately notify the other Party in writing or electronically, with
confirmation of receipt, of::

  • a change of name or registered office address,
  • the commencement of bankruptcy or restructuring proceedings against a party, as well as the grounds
    justifying the commencement of such proceedings;
  • a change in the persons authorised to collect goods and VAT invoices (this change does not constitute
    an amendment to the contract and may be made by email, subject to confirmation of receipt),
  • a change in the persons authorised to place orders (this change does not constitute an amendment to
    the contract and may be made by email, with confirmation of receipt).

In the event of failure to notify the other Party of a change, the Party obliged to provide such
notification undertakes to reimburse the other Party for all costs arising from the other Party holding
out-of-date information. At the same time, it is assumed that a lack of information regarding changes may
result in the goods being handed over to an unauthorised person; in such a case, it is assumed that the
goods have been collected by a person acting on behalf of the Buyer. Failure by the Buyer to provide
information regarding a change of name, address or email address shall result in correspondence sent by
the Seller to the previous address being deemed to have been effectively delivered 14 days after the first
attempt at delivery.

§ 14.11. The assignment of rights arising from the concluded contract (this also applies to the warranty,
if granted) to third parties is not permitted without the prior written consent of the Seller, on pain of
nullity.

§ 14.12. In the event of any doubt as to the scope of the subject matter of the contract, the price, the
manner of performance of the subject matter of the contract or the deadline for performance of part or all
of the contract, such scope, price, manner or deadline shall be determined by the Seller.

§ 14.13. Unless otherwise stipulated in the contract, any amendments to the contract must be made in
writing or electronically, otherwise they shall be null and void.

§ 14.14. The Buyer grants the Seller irrevocable consent to include photographs, videos or information
from/regarding jointly undertaken projects in the Seller’s portfolio and to present them on the Seller’s
websites and in the Seller’s marketing materials. The Seller shall be entitled to disclose the fact that
it cooperates or has cooperated with the Buyer and to include the Buyer’s name and details, including its
trademarks, on its websites, in marketing materials and in reference letters.

§ 14.15. Provisions concerning, inter alia, remuneration, confidentiality and contractual penalties shall
remain in force even after the termination of the contract.

§ 14.16. The term “price” as used in these General Terms and Conditions shall also be understood to mean
“the total remuneration for the performance of the subject matter of the contract”; “goods” or “services”
shall also be understood to mean “the subject matter of the contract”; “contract” shall be understood to
mean the contract concluded between the Seller and the Buyer; “order” shall also be understood to mean
“contract”.

§ 14.17. The headings in the GTC are included for ease of reference and do not form part of the GTC, nor
do they affect their interpretation..

§ 14.18. The provisions of the General Terms and Conditions (in particular those relating to goods) shall
apply directly or mutatis mutandis where the contract involves the provision of a service by the Seller,
in particular an installation service (where the Seller undertakes in the contract, for example, to
install the goods).