1. Terms and conditions of sale:
1.1 These terms and conditions of sale shall form an integral part of all tenders and contracts concerning deliveries and services of the Vendor, both in current and future business relations.
1.2 These terms and conditions apply to all tenders and contracts concerning the sale and delivery of machinery and equipment by BMG Trade.
1.3 A deviation from the Terms and Conditions of Sale is only possible with BMG Trade’s written consent. If two written consents with divergent contents or provisions occur simultaneously, the Vendor’s consent shall prevail.
2.1 The commercial information posted on the company’s website www.bmgtrade.com is without obligation and non-binding for BMG Trade and does not constitute an offer within the meaning of the Commercial Code.
2.2 The Vendor’s offers remain non-binding until final confirmation of the order; in the meantime, the right to sell the goods to another buyer is reserved. The Vendor is entitled to accept the respective offer in writing within 14 days of receipt. The order is deemed to have been accepted at the moment the Buyer pays a deposit for the machinery or equipment.
2.3 The agreements and additional provisions must be confirmed in writing in order to be valid.
2.4 Delivery dates shall be valid with the caveat of correct and timely deliveries by our suppliers, unless incorrect and delayed deliveries by our suppliers are the fault of the Vendor or the Vendor confirms the binding delivery dates in writing. If deadlines cannot be met for reasons beyond the Vendor’s control, withdrawal from the contract due to delay shall be excluded.
3.1 Prices included in the offer are net prices per machine.
3.2 Prices do not include VAT. Prices are given in Polish zloty (PLN) or euro (EUR).
3.3 BMG Trade reserves the right to make changes to prices and products prior to placing an order by the buyer.
3.4 The sale price is valid under the conditions of: INCOTERMS 2021.
4. Payments and process:
4.1 A pro-forma invoice is issued once the Buyer accepts the offer.
4.2 Once the deposit for the machine is paid, it is prepared for transport.
4.3 A VAT invoice is then issued.
4.4 After payment of 100% of the price, the machine is ready for collection or dispatch.
Warning!!! We only release machines when the invoice amount is paid in full.
5. Delivery of equipment:
5.1 The delivery of equipment is based on International Trade Rules: INCOTERMS 2021 under the following conditions: FCA
“The Vendor shall bear the costs of transport, loading and insurance until the goods are handed over to the first carrier, designated by the buyer, in the designated place. The goods shall be deemed to have been delivered at the time of loading by the carrier, at that point that the risk of damage or loss of the goods is transferred to the buyer.”
5.2 If the goods are to be collected by the Buyer and the contract does not provide otherwise, the Buyer shall collect the goods no later than within 21 days after the Vendor’s notification of readiness to collect the goods. In case of a delay exceeding five days, the Vendor may demand payment of a contractual penalty amounting to 10% of the value of the ordered goods.
6.1 Machines and equipment sold in the “as is” state and sold “in running conditions” are not included in the Warranty.
6.2 The Warranty for machines and equipment used after servicing covers 14 calendar days from the date of handover to the Buyer.
6.3 The guarantee for new machinery and equipment shall cover a period of 12 months from the date of commissioning of the equipment and no longer than 13 months from the date of sale.
6.4 The Warranty for new and used machines and equipment after servicing covers only the territory of Poland. All repairs outside of Poland are charged and the terms of repair are set individually. The Warranty covers machine parts or components which have failed through no fault of the user. Under the Warranty, repairs can be carried out after the machine is delivered to the Vendor’s warehouse.
6.5 The list of parts replaced in the machine or equipment after servicing shall be included in the WZ or CMR document.
6.6 The Warranty for serviced used machinery and equipment covers only mechanical and electrical components. It does not include electronic components such as: controller, limit switches, etc.
6.7 Defects caused by improper use of the machine shall not be taken into account, possible repair and service in this case shall be at the expense of the buyer.
6.8 Servicing of the machine in the aforementioned cases is chargeable.
6.9 In the case of a more serious fault, the machine shall be repaired at the headquarters of BMG Trade, hereinafter referred to as the Guarantor, in 22-435 Komarów-Osada, ul. 3 Maja 160.
6.10 The costs of pre- and post-warranty transport shall be borne by the Buyer.
6.11 Warranty repairs only cover defects caused by factors inherent in the device sold.
6.12 Warranty repair shall be carried out as soon as possible within a maximum period of 30 days from the date of acceptance of the equipment for servicing. If parts have to be imported, the repair period may be extended. After the repair, the warranty period continues and is extended by the duration of the repair.
6.13 The Guarantor undertakes to remove free of charge any material defects revealed during the warranty period, by repair or replacement with a defect-free device. The Guarantor decides how to remove the defect.
Damaged and replaced parts or devices become the property of the Guarantor.
6.14 The Guarantor may refuse to perform warranty repairs or completely withdraw from the warranty in the case that the device is found to be incomplete, unauthorised repairs or service works have been performed, structural changes have been made, the device has been used for purposes other than intended, or the device has been reconfigured or extended by persons not authorised by the Guarantor.
7.1 Machines and equipment sold in the “as is” state and sold “in running conditions” are not subject to complaint.
7.2 Defects in equipment after servicing must in any case be claimed as soon as they are discovered, at the latest within 14 calendar days of the goods being handed over to the Buyer.
7.3 The Buyer may only claim the parts or scope of service mentioned in the “Customer Arrangement”.
7.4 If the Buyer lodges a complaint after the expiry of 14 days from the date of delivery of the goods, the service of the machines or equipment is payable.
7.5 The Buyer’s right of return after 14 days of receipt of the machine is excluded.
8. Other provisions.
8.1 If one or more of these provisions do not comply with the law or are otherwise legally invalid, this shall not affect the validity of the remaining provisions of the contract. In such a case, the contracting parties shall undertake to adopt a substitute regulation which comes as close as possible to fulfilling the economic purpose of the invalid provision.
8.2 The competent court for disputes is the District Court in Zamość. By placing an order, the Buyer accepts the above Terms and conditions.