Genearal Trading Conditions

General Provisions

1. The provisions set out in these General Trading Conditions apply to all contracts entered into between the clients and the EMEA Gateway within their duration. They can be changed only on the basis of separate, individual written arrangements made between the counterparty and the EMEA Gateway.
2. Descriptions and prices presented on the website of the EMEA Gateway represents only a call for negotiations within the meaning of art. 71 KC and does not constitute an offer within the meaning of art. KC 66.
3. In accordance with Polish law, in force is the Polish version of the General Trading Conditions. Other languages are used for information purposes only.

Prices

1. EMEA Gateway is trying to ensure the constant level of prices of products and services offered, but due to changes in exchange rates, tax regulations, and prices on world markets, they may change over time.
2. For the sale, shall apply the price published by the EMEA Gateway on the website www.emeagateway.pl on the day of dispatch of the goods or the price agreed in writing under separate arrangements made between the counterparty and the EMEA Gateway.
3. In case of prepayment, the applied price is the price of the pro forma invoice.
4. Prices at www.emeagateway.pl are the EXW netto values which are presented in Euros or PLN. Prices do not include transport costs, customs duties and VAT.

Acceptance of the Orders

1. EMEA Gateway accepts the orders by electronic means providing the proper functionality of the own portal.
2. The contract is deemed to be accepted for execution, after the prepayment, in respect of the delivery of ordered products, was successfully done.

Term Contracts

1. EMEA Gateway closes also the contracts giving the possibility of delivery at a specified time limit. For the realization of such contracts, please contact the EMEA Gateway in order to make a separate agreement.

Warranty

1. The guarantee applies to defects caused by processing, material used in the product and to firmware, which was originally built into the product at the production process.
2. EMEA Gateway provides a guarantee period of 12 months since the date of sale of goods, unless stated otherwise in the manufacturers guarantee certificate. The guarantee periods and conditions of the manufacturers and suppliers of other goods apply to the products of these manufacturers and suppliers.
3. Defects reported in this warranty will be removed (or the product will be replaced with free of defects one) within a maximum of 2 months from the date of filing the complaint.
4. The warranty expires if without the written consent of the EMEA Gateway product was modificated, and if the device was not applied in accordance with its instructions of exploitation.

Quality

1. Goods sold by the EMEA Gateway are high quality products mainly intended for professional use. The manner of their transportation, storage and packaging provides protection against mechanical and electrical damages.

Complaints

1. Comments on product quality or to discrepancies between the contents of delivery and the invoice should be submitted to the EMEA Gateway with telephone /phone No.48.228145000/, or per e-mail /reklamacje[at]emea.pl/.
2. Requests are accepted only after the presentation by the customer of relevant documents or purchase agreements.
3. Complaints to quality of the shipment and quantity of the contents are accepted within 7 working days of receipt the shipment.
4. Shipments damaged mechanically must be checked at the presence of a courier, then a protocol for destruction have to be drawn up and signed by the courier and the customer. The protocol, signed by the carrier is the basis for the complaint.

Returns

1. The basis for returning of the shipment from the recipient of goods could be the agreement resulted from the warranty procedure as well as the delivery of the not ordered products.
2. Return of defective or wrongly delivered goods should be done with no cash on delivery /C.O.D. mailing/ only.
3. Returned products are subject to evaluation the merits of the complaint. If the complain is acknowledged, the correct goods are shipped free of charge to customer.
4. Responsibility of EMEA Gateway for the delivery of defective products is limited to the replacement or, in exceptional cases, repayment the amount paid.
5. Customers who are consumers, have right to return the goods within 10 days without giving reasons. In this case no additional fee is applied. Returned goods can not bear any signs of use or destruction, and must be returned in their original packaging.

Payment and form of payment

1. The payment for the ordered products is accepted in form of prepayment.
2. In special cases, agreed in separate contract, the payment may be deferred /commercial credit/.
3. The date of deferred payment should be interpreted as the day of crediting the bank account of EMEA Gateway counted from the date of issuing of invoice.
4. Payment method used by the EMEA Gateway is a bank transfer.
5. In case of delay in payment Gateway EMEA charges the customer with statutory interest.

Refusing to take orders

1. EMEA Gateway has right to refuse accepting the order, suspend the execution of the contract or shipment of goods ordered, if the customer is in arrears with its payments, or its legal or financial situation can cause problems with making payments in the future.

Sales Documents

1. EMEA Gateway issues the VAT invoice for each transaction made.

Limitation of Liability

1. EMEA Gateway does not bear the current or later responsibility for losses caused as a result of late or non-delivery, delivery of products which do not correspond the described in catalog or in Internet, or caused with change of the product price.
2. In particular, EMEA Gateway is not responsible for the interruptions in production, loss of profit or other indirect losses caused with lack of the appropriate goods within the delivery time limit.
3. These restrictions do not apply to situations in which the delivery of the goods is entered into a separate agreement between the EMEA Gateway and the client, which specifies the conditions for the supply and responsibility for failing to meet the commitments.

Commission cooperation

1. EMEA Gateway acts also in cooperation on principles of commission. Agreement in this regard shall be closed on the individual conditions with partners willing to take this sort of permanent cooperation.
2. The amount of commission is the subject of bilateral arrangements.


Miscellaneous provisions

1. EMEA Gateway makes all the best, the client orders were made with the highest professionalism and quality service.
2. EMEA Gateway is not responsible for erroneous or incomplete description of the ordered goods.
3. Cancellation of the contract during its execution is equivalent to the expression of consent by the contractor to bear all the costs incurred related to the execution of the contract.
4. EMEA Gateway reserves the right to maintain ownership of the delivered goods until the full payment was done.
5. If the supplied goods are imported, and there is a need to reach the additional permissions or documents related to export / or import/ to Poland, the delivery period is extended by the time needed for handling these permits or documents. Delivery period may be extended in case of force majeure, the strength is considered to be such cases or events that are beyond the control of EMEA Gateway, which can not be foreseen or avoided, and which occurred after the start of a commercial transaction between the contracting authorities and the EMEA Gateway.
6. Deliveries of imported items are held subject to the terms and conditions of the manufacturer listed in category Imprint/Representation.
7. The use of certain products from EMEA Gateway in the complete made application could require assessment for CE conformity of the assembled solution.
8. Ordering at the EMEA Gateway is adequate with acceptance of these Genearal Trading Conditions.
9. Placing an order in EMEA Gateway is tantamount to a declaration about the active purchaser right to place orders and make payment.
10. Placing the order at the EMEA Gateway is equivalent to legally binding declaration of the user that sum of money indicated in the price list or in the invoice for the ordered goods is secured by the customer for making the payment for EMEA Gateway.
11. In matters not governed by these Genearal Trading Conditions, the provisions of law, in particular the Civil Code are applied.
12. These General Conditions apply up to the publication of the revisions on the website of the EMEA Gateway.

Disputes

1. Any disputes will be settled on the basis of Polish law with the court in Warsaw.

Date of update 6.07.2011