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General Terms and Conditions of Sale

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§1 Definitions

The General Terms and Conditions of Sale define the following terms as set out in this section:

1. Firma Tarapata Sp. z o.o - limited liability company with its registered office in Mielec (39-300), at ul. Wojska Polskiego 3, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court in Rzeszów under KRS number 0000128177, NIP: 8171863002;
2. Buyer – a natural person, legal person, or organizational unit without legal personality, placing order for delivery or purchasing goods and/or services from Firma Tarapata Sp. z o. o.;
3. GTCS – General Terms and Conditions of Sale;
4. The Parties - Firma Tarapata Sp. z o. o. and the Buyer;
5. Goods – movable items ordered by the Buyer from Firma Tarapata limited liability company, in accordance with the type, quantity, and quality specifications;
6. Services – services, including services performed on materials provided by the Buyer, offered for sale/delivery by Firma Tarapata Sp. z o. o., and ordered by the Buyer in accordance with the type and quality specifications;
7. Sales Agreement – a delivery agreement, sales contract, service contract for paid services, or any other agreement under which Firma Tarapata Sp. z o. o. provides Services for payment or transfers ownership of Goods to the Buyer.

§2 General rules

1. General Terms and Conditions of Sale define the rules for concluding sales agreements for goods and service contracts for Services offered by Firma Tarapata Sp. z o. o.
2. General Terms and Conditions of Sale are an integral part of all sales contracts and services concluded by Firma tarapata Sp. z o. o., unless both parties agree otherwise. Any deviation from the application of the GTCS or from individual provisions thereof must be made in writing to be valid.
3. By concluding a sales agreement, the Buyer confirms that the terms and condition have been made available to them and accepts them as integral part of the sales agreement. In case where the buyer maintains ongoing commercial relations with Firma Tarapata Sp. z o. o., the acceptance of the GTCS with the first order shall be deemed as acceptance for all subsequent orders and sales, until such time as the content of the GTCS is amended or their application is revoked.
4. Any general terms and conditions of the Buyer that differ from these shall not be binding upon Firma Tarapata Sp. z o. o., unless their application has been expressly accepted by Firma Tarapata Sp. z o. o. in writing.
5. In matters not regulated by the agreement and/or these General Terms and Conditions of Sale, the relevant provisions of the Civil Code or other applicable laws shall apply, provided they contain appropriate regulations.
6. The general Terms and Conditions of Sale are available at the registered office of Firma Tarapata Sp. z o. o. and on the website www.tarapata.com. www.tarapata.com

§3 Offers

1. A commercial offer presented to the Buyer in response to a offer question (by phone or email) is a document or an email addressed to a specific receiver, expressing the intention to conclude an agreement with the addressee. The offer is valid for 30 days unless a different validity period is specified.
2. A commercial offered presented by Firma Tarapata Sp. z o. o. does not automatically reserve the raw materials or machine time required to produce the items covered by the offer.
3. Advertisements, announcements, and other commercial information of Firma Tarapata Sp. z o. o. do not constitute an offer within the meaning of Article 66 of the Civil Code, but are merely an invitation to negotiations.

§4 Orders and realization time

1. The condition for the valid conclusion of a sales agreement is the submission of an order by the Buyer.
2. The order can be placed in writing, via email, WEBEDI, or a portal specified by the buyer. The order must contain all necessary information for the order realization. Buyer is obliged to provide essential information such as: name, quantity of the ordered product, type of material to be used, and in case of services: the type of the service requested, information on the quality of the detail to be produced, tolerance ranges, and technical documentation.
3. In the case of orders to be fulfilled over an extended period of time, the Buyer is obliged to provide short- term and long- term forecasts. The method of transmitting this data is to be agreed upon between the Buyer and the Seller. If the provided information is incomplete, Firma Tarapata reserves the right to produce the goods or services for the Buyer based on general technical parameters for the given service and using its own experience.
4. Firma Tarapata will execute the order for products/services in accordance with ISO 2768-cL standards, unless the documentation provided by the Buyer specifies otherwise.
5. The order lead time is determined individually, depending on technological capabilities, material availability, and other factors.
6. The order completion time for materials supplied by the Buyer is counted from the date of their delivery.
7. Firma Tarapata reserves the right to change the order completion date if the change results from circumstances beyond its control (machine failure, lack of raw material, etc.). At the same time, Firma Tarapata undertakes to inform the customer about the delay in order completion no later than one day before the originally agreed date.
8. The Buyer has the right to cancel the order only if Firma Tarapata has not yet undertaken any actions related to the execution of the order that would involve irreversible costs (such as cutting services or ordering materials specifically for the Buyer’s order).

§5 Payment terms

1. All orders for tools will be executed only after 40% deposit of the order value has been paid, unless otherwise agreed by the Parties. The payment will be confirmed by the deposit being credited to our bank account. A payment confirmation may be sent by email. The deposit payment will be confirmed by a VAT invoice for the amount paid.
2. Transactions with new contractors are preceded by a prepayment to the account. After the first transaction, the Buyer may be granted a payment term of no more than 14 days, unless agreed otherwise by the Parties. To obtain a payment term, the Buyer must provide the registration documents of their company, either in written or electronic form, to the headquarters of Firma Tarapata.
3. The Buyer is obliged to pay for the ordered services and goods within the payment term established during order placement. In the event of non-payment for the goods, Firma Tarapata Sp. z o. o. will take actions to recover the outstanding debt. Firma Tarapata may effuse to process future orders from Buyers who have overdue payments.
4. The Buyer agrees to promptly notify Firma Tarapata Sp z o o in writing of any change in their registered office or residence and the address for correspondence. Failure to notify will result in deliveries made to the addresses provided in the order or other commercial agreements between Firma Tarapata Sp. z o. o. and the Buyer, as they will be considered valid. The Parties will also agree on the method of delivering sales invoices by Firma Tarapata to the Buyer.

§6 Pickup and shipment of goods

1. Ordered goods/services made from material entrusted under EXW and FCA terms are to be collected at Firma Tarapata Headquarters (Ul. Wojska Polskiego 3 or COP-u 15 in Mielec, company will inform the Buyer of the pickup location) on the date agreed upon in the order.
2. Firma Tarapata Sp. z o. o. will make every effort to ensure that the goods are prepared for pickup by the buyer in a manner that prevents damage.
3. Firma Tarapata Sp. z o. o. may ship the package via courier or load the products onto the carrier indicated by the Buyer, but takes no responsibility for the quality of services provided by the courier companies or the designated carrier. If the Buyer has not specified a carrier, Firma Tarapata Sp. z o. o. reserves the right to choose one, provided the order also includes transport service to the location specified by the Buyer.

§7 Storage and warehousing

1. Products delivered by Firma Tarapata Sp. z o. o. should be stored in accordance with the storage guidelines for the materials from which they were made, taking into account the risk of potential damage.

§8 Complaints

1. The Buyer has the right to submit quantity related complaints on the day of delivery, and dimensional or quality related complaints within 7 business days from the date of receipt or delivery of the products, unless agreed otherwise by the Parties in a separate contract.
2. Complaints will be taken into account in cases where they concern non-compliance with the arrangements provided by the Buyer together with the order.
3. Firma Tarapata shall not be held liable for the incorrect selection of material grade by the Ordering Party. Complaints on this basis will not be accepted.

§9 Final provisions

1. These General Terms and Conditions of Sale shall be effective as of April 14, 2025
2. Any amendments to the General Terms and Conditions of Sale shall be made in writing under pain of nullity.
3. The Buyer may not transfer any rights or obligations arising from the sales agreement to third parties without the prior written consent of Firma Tarapata Sp. z o. o.
4. The Buyer is obliged to notify Firma Tarapata Sp. z o. o. of any changes to their contact detail and/or any other information enabling the execution of orders by Firma Tarapata Sp. z o. o..
5. Firma Tarapata Sp. z o. o. is not liable for any consequences resulting from the Buyer providing incorrect or incomplete information in the order, which prevents the proper execution of the order.
6. The Parties will seek to resolve amicably any disputes arising from the interpretation or performance of the sales agreement.
7. The court having jurisdiction over any potential disputes shall be the court with local jurisdiction over the registered office of Firma Tarapata Sp. z o. o..

Cooperation with Firma Tarapa Sp. z o. o. shall be deemed as acceptance of the General Terms and Conditions of Sale.