Conditions of co-operation
IVORY – GENERAL TERMS AND CONDITIONS OF ORDER FULFILMENT
/APPENDIX TO AN ORDER, CONTRACTS/
1. General terms and conditions
IVORY service only advertising agencies or promotional gifts distributors. For our customers we have prepared a special price list with discounts, free catalogues policy, neutral website1 . We reserve the right to use client’s projects in our product catalogue, company’s presentations, publish them on Ivory website and for other marketing purposes. Customers have the right to restrict the use of image of products manufactured for them, only in writing.
The buyer concludes a product purchase contract upon order acceptance. The buyer shall confirm in writing order acceptance. The order shall specify in detail quantity and type of product, price and delivery term. On the day of order submitting, the buyer shall provide to the seller designs, colour requirements and other information required for proper fulfilment of the contract.
3. Payment of the price
The buyer shall pay in advance 40% of the value of an order. The advance payment is due within 3 days from the date of receiving of the order acceptance. If a customer fails to pay the advance payment within the due date, the parties shall deem the order if not submitted and the contract not concluded, unless the buyer makes a representation stating that he will pay the advance payment on another date set forth by him. In case of a delay in payment of the advance payment, the terms of fulfilment of the order may be modified proportionally to the period of delay. The seller may charge a double amount of statutory interest for a delay in payment of the price. The price is deemed to have been paid upon crediting money to the seller’s account.
4. Product acceptance
The seller shall notify the buyer 3 days in advance of the date of pick-up of the ordered products in seller’s warehouses. The seller shall prepare the product for transport and bear the packaging costs. Transport costs shall be covered by the buyer.
Product design is protected with a copyright registered in the Office of Harmonisation for the Internal Market (E -030008 Alicante). The utility model may not be copied without the seller’s consent.
Definition of a physical defect: Physical defects occur when the value or suitability of an item has deteriorated in the view of the application of the item. Colour deviations within 2 degrees in the Pantone palette scale do not constitute a physical defect of a product.
The buyer shall check a product within 3 days from the date of receiving a product, i.e. issuing it from a warehouse. The buyer forfeits his rights under statutory warranty for physical defects of a product if he fails to notify the seller on found defects within the aforementioned term.
The seller shall not be liable for damage to a product caused during transport. A product shall be checked in the presence of a courier and if damage is found, a complaint document provided by the courier is to be filled in.
Complaints shall be considered only if the complaining person fills in and sends a complaint form (download). The seller is obliged to consider a submitted complaint within 14 days from the date of receiving it. Quantity of delivered products may differ +/- 5% from order quantity. Submitting a complaint shall not suspend the obligation to pay the price of delivered products.
IIVORY SELLS 1st AND 2nd CLASS PRODUCTS PURSUANT TO NORM PN-A-12450:1975 AND NORM PN-A-12480:1975 OF THE POLISH COMMITTEE FOR STANDARDISATION. THE NORMS ARE AVAILABLE ON REQUEST IN THE REGISTERED OFFICE OF IVORY. THE AFOREMENTIONED NORMS CONTAIN TABLE NO. 3 IN WHICH DEGREES OF DEFECTS OF VESSELS WERE SET OUT.
IVORY SHALL APPLY THE AFOREMENTIONED NORMS AND TABLES WHEN CONSIDERING COMPLAINTS ABOUT QUALITY.
7. The liability for undue performance of the contract shall be limited to actions at the fault of the seller and the value of an order.
8. All disputes shall be settled by the Commercial Court in Olsztyn.