- SCANBET Itd. Construction and Assembly Company

GENERAL TERMS AND CONDITIONS OF CONTRACTS
applied by
Przedsiębiorstwo Budowlano-Montażowe SCANBET sp. z o.o.
in Chociwel, Poland
21. Filing a complaint by the Buyer shall not affect the payment date and the
price of products being sold.
22. Ownership of the products shall pass to the Buyer only after payment of the
full price.
IV. Technical Documentation and Production
I. General
1.
2.
3.
4.
5.
6.
These General Terms and Conditions (GTC) are used in all contracts with
Przedsiębiorstwo Budowlano-Montażowe SCANBET spółka z o. o.
(hereinafter referred to as SCANBET), headquartered in Chociwel, ul.
Fabryczna 1, 72-130 Chociwel, Poland, registration files stored in Szczecin
Center District Court in Szczecin under KRS number 0000148193, NIP 95512-64-828, with share capital PLN 200,880.
These GTC may be amended by SCANBET. By ‘amended’, it is meant both
amendment of the existing Terms and Conditions, as well as their repeal,
and the introduction of new Terms and Conditions. The amendments are
effective from the date of their delivery to the Buyer or from the date of
their publication on the SCANBET website (whichever occurs first).
Amended GTC shall apply to orders placed by the Buyer after the date of
delivery of the revised GTC to the Buyer or from the date of their
publication on the SCANBET website (whichever occurs first).
The GTC shall take precedence over the general conditions of purchase of
the Buyer.
When placing an order or accepting a SCANBET offer, the Buyer fully
accepts the General Terms and Conditions, unless the parties agree
otherwise in writing.
Should the Buyer receive the GTC at one order, it is believed that he accepts
them for all subsequent agreements and orders, until the time of delivery
by SCANBET any new GTC or publishing them on the SCANBET website.
Any other SCANBET offers, specimens, documents, technical catalogues and
advertising materials are non-binding. SCANBET reserves the right to
change information contained in these documents, and in particular,
technical parameters, technical specifications, and warranty terms and
conditions.
II. Making of Contract
7.
8.
A contract is made when the Buyer places an order in writing or in
electronic form, and SCANBET confirms the order in writing or in electronic
form.
In the event when the Buyer has received from SCANBET offer to make a
contract, it is understood that the offer is valid for 7 days, unless otherwise
indicated in the offer.
III. Prices and Payment
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
All prices are net prices to be increased by VAT in accordance with the
applicable regulations.
The obligation to pay is independent of the fact of issuing an invoice.
Should the recipient be late with payments, SCANBET shall charge default
interests in the amount of 1.5 statutory interests. It is permissible to claim
additional compensation, unless the damage caused by delays in payment
exceeds the interests owed.
Regardless of the interests, the Buyer shall return SCANBET fulldocumented debt recovery costs (e.g. legal costs in this area).
The date of payment is the date when the due amount paid by the Buyer is
credited to the bank account of SCANBET.
In the case of the supply of products paid in instalments, failure to pay one
of them results in the demand for immediate payment in full.
Should the Buyer exceed the time limit for payment for the products
delivered under even one invoice, SCANBET shall have the right to put the
receivables arising from all invoices issued in immediately due and payable.
SCANBET may refuse to produce or release products, should the Buyer be in
delay with payment or SCANBET may delay delivery until payment of all
amounts due, without incurring liability for delay and other costs incurred
in this respect by the Buyer.
SCANBET may make delivery dependent of the Buyer’s prepayment,
advance payment or deposit of other security, and shall not be liable for
any delay in delivery of the products, if the Buyer shall not provide
adequate security.
The Buyer’s debt to SCANBET is the sum of the amounts resulting from the
unpaid invoices and value of contracts under implementation.
In the event of any changes in the Buyer’s financial or legal condition,
SCANBET shall be entitled to request security from the Buyer to pay his
debts including the value of contracts under implementation.
The Buyer may not deduct any of his debts owed SCANBET from the
SCANBET debts owed the Buyer in respect of contracts of sale, unless the
parties agree otherwise in writing.
23. If after building a mould, concreting will be suspended through no fault of
SCANBET, demurrage in the amount of 10% of the suspended unit per day
shall be charged for each mould.
24. If after manufacturing of products, a resulting error will be recognized with
the reasons for which the Buyer shall be liable (e.g. error in the technical
documentation), then the Buyer shall pay the precast unit value plus the
cost of its disposal, fixed at a flat rate of 18% of its value unless the Buyer
himself shall take utilization of the precast unit or use it in a different way.
25. SCANBET shall not be held responsible for the suitability, accuracy and
completeness of technical documentation supplied to him nor for the
consequences of making products or work according to incorrect
documentation.
26. SCANBET shall not be obliged to notify the Buyer of the various production
stages.
V. Complaints and Product Quality
27. SCANBET provides 36-month guarantee for the quality of products. The
guarantee starts from the manufacture of the products ordered. It shall be
the only SCANBETS’s liability for faults and physical defects. In particular,
the use of any warrant for defects and physical defects shall be excluded.
28. SCANBET ensures that the products sold by it are consistent with the
standards contained in a table in the ‘General Specifications for the
Manufacturing of Precast Concrete Units.’
29. Any negligible defects, i.e. those that will not make it impossible to apply
the products as intended, shall not constitute grounds for refusal to receive
the products.
30. Due to the guarantee, SCANBET may be required only to remove defects,
and if this is not possible, to replace the defective item with a new one,
provided that it is economically and technically justified. The method of
handling the complaint established by SCANBET shall be binding.
31. SCANBET shall have the priority right to remove or request the removal of
defects. Failure to provide SCANBET the real possibility of removing defects,
even if it is not the Buyer’s fault, causes that the Buyer may not
subsequently charge SCANBET with any costs associated with defects. The
Buyer shall support SCANBET in completing the formalities connected with
the removal of defects, free of charge; the above applies in particular to
contacts with investors, tenants or users of buildings.
32. SCANBET shall not be held responsible for any costs and damages caused as
a result of additional defects, in particular, it shall not be held responsible
for lost profits
33. Liability under the guarantee covers only situations where the defects of
products will arise or will be reported during the warranty period, and the
defects will be created by the SCANBET’s fault, due to a reason inherent in
the products sold.
34. SCANBET shall not be held liable for any defects in the products arising after
their combination with other objects.
35. SCANBET shall not be held responsible for the shade of the products, and
other physical properties of concrete components delivered under any
subsequent delivery, which, due to the ingredients used and the passage of
time may not be identical to the shade or with the properties of the
previously supplied products.
36. The Buyer shall examine the goods immediately upon receipt. All
complaints in connection with the quantity as well as the visible product
defects should be reported by the Buyer upon receipt of the product by an
appropriate entry on the WZ document. The condition of the products
obtained should be described, indicating the character and location of
defects, amount of rejects, and this condition must be confirmed by the
truck driver at the delivery.
37. A complaint concerning defects or hidden defects, statement of which is
not possible at the time of receipt, should be made within 3 days from the
date of revealing the damage or defect, but not later than within 14 days
from the date of delivery. The Buyer shall report complaints in writing by
filling out the document ‘Complaint Form’ and sending it to SCANBET by
registered mail or by electronic mail at the date of this document to the
following address: [email protected].
38. Failure to comply by the Buyer with the terms of complaint shall make the
Buyer forfeit its guarantee rights.
39. SCANBET reserves the right to conduct the analysis and examination of the
full amount of the products complained.
40. SCANBET has the right to refrain a complaint from handling until the
payment by the Buyer any outstanding charges, including charges for the
products complained.
41. If the Buyer does not return the complained products to SCANBET the
responsibility for disposing these products shall pass to the Buyer.
42. All SCANBET’s complaint activities and responsibilities related to the
supplied products are only limited to the area of the Republic of Poland.
43. Detailed information on warranty terms and conditions are contained in the
document titled ‘Warranty Terms and Conditions’ being the annex to these
GTC.
VI. Limited Liability of the Seller
44. SCANBET shall not be held liable for any damages caused by using products
sold not in accordance with their intended use and for the utility and
usefulness of products for the purpose intended by Buyer
45. SCANBET shall not be held liable for any damages caused by improper
installation or use of products.
46. SCANBET shall not be held liable for any damages caused by improper
storage of products, and for the consequences of use of unsuitable
installation and assembly materials that might enter into a chemical
reaction with the elements of products.
47. SCANBET shall not be held responsible for any damages caused by the
actions of third parties and force majeure, including lightning.
48. SCANBET shall not be held liable for any damages caused to third parties by
the products delivered to the Buyer.
49. In addition to the claims and powers as expressly set out in these General
Terms and Conditions, the Buyer is not entitled, in respect to SCANBET, to
any further-reaching claims arising from the provisions of the civil code, or
claims based on any other legal basis.
50. The upper limit of SCANBET’s liability for failure or improper performance
of its obligation shall be the price for the products that have been ordered.
SCANBET shall not be responsible for any lost profits.
to the cost of purchase of transport racks or lifting lugs, however not less
than PLN 2000 net per rack and PLN 100 net per lifting lug.
VIII. Additional and Final Provisions
63. Any price lists, drawings, models and sketches of products along with the
results of any possibly performed technical studies made by SCANBET shall
remain the property of SCANBET and may not be available to third parties
without the SCANBET’s consent.
64. Should the Buyer, with the consent of SCANBET, cancel or modify his order
during the manufacturing process, the products on the current production
stage shall be made available to the Buyer, who shall be obliged to pay
SCANBET for these products in the amount indicated in the invoice issued
by SCANBET.
65. Reconciliation of contractual penalties or lump-sum costs shall not preclude
SCANBET the possibility of seeking further compensation (claims), should
the damages (expenses, etc.) be higher than the flat-rate penalties or costs.
66. Disputes arising in connection with the contract shall be settled by the court
in Szczecin in accordance with Polish law. SCANBET may also bring an action
before another court having jurisdiction under the provisions of the Code of
Civil Procedure or other legislation, including a court in a foreign country.
67. All correspondence between SCANBET and the Buyer related to the
execution or performance of the Sales Agreement shall be made in writing
or via E-mail. The Parties shall inform each other of any change of address.
Otherwise, the correspondence sent to the former address shall be deemed
to have been received within 14 days from the date of the first notification.
VII. Receipt of Products
51. Should the Buyer change the date of receipt of products after conclusion of
a contract, then SCANBET shall have the right but not the obligation, to
accept the new term as binding. For the statements of both parties,
communication via fax or E-mail shall be sufficient.
52. Conditions that may result in failure to meet the agreed delivery terms:
a.
the Buyer's failure to comply with these GTC
b. delay in the delivery by the Buyer information needed to
perform the contract by SCANBET
c.
delays from SCANBET suppliers, to which SCANBET had no effect,
or its effect was limited
d. damage to the products during transportation and handling
e. when the value of orders for one delivery shall not exceed the
amount of PLN 1,200 net
f.
delays due to any unforeseen event, including force majeure
53. In case of delay in delivery caused by any of the cases mentioned above, the
Buyer shall not be entitled to cancel the contract, refuse to accept the
product or claim for damages against SCANBET on this basis.
54. All costs and risks, including the risk of loss or damage to products, shall
pass to the Buyer at the time of placing the products at his disposal at the
Buyer or any other agreed place
55. Unloading and risk associated with it shall belong to the Buyer.
56. If the Buyer shall not receive the products at the agreed time, i.e. after 7
days, with no designation of an additional term, SCANBET shall be entitled
to:
a.
require the execution of the contract and paying the price as if
the products were received, and the calculation of lump-sum for
the cost of storage in the amount of 5% of the products for each
commenced week or
b. withdraw from the contract in the part relating to products not
manufactured and require payment of a penalty equal to 20% of
the net price for the products not manufactured.
57. Any withdrawal from the agreement shall not deprive SCANBET’s right to
demand payment of lump-sum of the product storage costs. Product
storage is at the Buyer’s risk.
58. If access to the place of supply is limited or difficult, the Buyer is obliged to
inform SCANBET about this fact before determining delivery date, and to
provide SCANBET with appropriate permit, which will allow SCANBET
collision-free access to the place of delivery, without violating the traffic
rules.
59. All racks and lifting lugs are the property of SCANBET. The Buyer should
allow SCANBET receive racks and lifting lugs back within 30 days at the
latest.
60. The Buyer agrees to care for the condition of the racks and lifting lugs and is
responsible for damages caused by his fault.
61. Racks and lifting lugs shall be received back by SCANBET within the agreed
time from the Buyer’s office or plant or other place agreed between the
parties. The Buyer shall be obliged to load the racks and lifting lugs onto the
SCANBET’s truck free of charge.
62. Should the Buyer not return racks or lifting lugs on time, or prevent their
receipt by SCANBET, then SCANBET shall charge the Buyer an amount equal
Annexes to the GTC:
1. ‘General Specifications for the Manufacturing of Precast Concrete
Units’
2. ‘Guarantee Terms and Conditions’
3. ‘Claim form’
PRECAST UNITS
SPECIFICATIONS
This document establishes tolerances and quality
requirements for the goods produced by PB-M SCANBET
Sp. z o. o. on the basis of harmonized standards.
I. WALLS
1. Tolerances of length, height, thickness, and diagonal
dimensions
Dimensions
0-0,5m 0,5-3,0m >3,0-6,0m >6,0-10,0m >10,0m
± 8 mm ± 14mm
± 16mm
± 18mm
± 20mm
7. Location tolerance for the built-in components
Type
Deviation Deviation on
Deviation
from axis
the whole
from surface
length
Rope
+ 5 mm
± 10 mm
± 20 mm
accessories
- 8 mm
Marks,
+ 5 mm
± 10 mm
± 10 mm
furniture
- 8 mm
8. Tolerances for the location of openings
Vertically
Horizontally
± 10 mm
± 10 mm
III. STAIRS
2. Tolerances for the location of openings
Vertically
Horizontally
± 10 mm
± 10 mm
3. Flatness tolerances
Distance between the measuring points
Class
0,2m
3,0m
A
2 mm
5 mm
B
4 mm
10 mm
A – surface to formwork, B- other surfaces
4. Location tolerance for the built-in components
Type
Deviation Deviation on Deviation from
from axis
the whole
surface
length
Rope
+ 5 mm
± 10 mm
± 20 mm
accessories
- 8 mm
Marks,
+ 5 mm
± 10 mm
± 10 mm
furniture
- 8 mm
1. Dimensional tolerances
L ≤ 150 mm
L ≥ 400 mm
+10mm, -5mm
+15 mm, -15mm
2. Surface flatness tolerances
L = length of straight-edge
Δd = d1 – d2
Δd ≤ (2 + L/500)
3. Tolerances for the location of openings
Vertically
Horizontally
± 10 mm
± 10 mm
4. Location tolerance for the built-in components
Type
Deviation Deviation on
Deviation
from axis
the whole
from surface
length
Rope
+ 5 mm
± 10 mm
± 20 mm
accessories
- 8 mm
Marks,
+ 5 mm
± 10 mm
± 10 mm
furniture
- 8 mm
II. LINEAR STRUCTURAL ELEMENTS
1. Length tolerance
Length, L
VI. FLOORS, CEILINGS
± (10+L/1000)≤40
2. Tolerances of transverse dimensions
L ≤ 150 mm
+10mm, -5mm
L = 400 mm
+15 mm, -15mm
L ≥ 2500 mm
+30 mm, -30mm
Obtain intermediate values by interpolation
1. Dimensional tolerances
Length
Width
± 20 mm
+5 mm, -10 mm
Thickness
+10 mm, -5mm
2. Edge straightness
± (5+L/1000)
3. Angular deviation of end sections, ‘δ’
±δ
h/100 ≥ 5 mm
3. Location of openings and cut-outs
± 30mm
4. Side flexion of each main plane, ‘ε’
±ε
7. Location tolerance for the built-in components
Type
Deviation
Deviation on
Deviation
from axis
the whole
from surface
length
Rope
+ 5 mm
± 10 mm
± 20 mm
accessories
- 8 mm
Marks,
+ 5 mm
± 10 mm
± 10 mm
furniture
- 8 mm
L / 700
5. Skewness of central vertical plane, ‘θ’
±θ
L / 700
6. Protrusion in horizontal plane, ‘ν’
±ν
L / 700
V. BALCONIES
1. Dimensional tolerances
Length
Width
± 12 mm
± 12 mm
Thickness
+10 mm, -5mm
2. Edge straightness
± (5+L/1000)
3. Tolerances for the location of openings
Accessories
Openings, recesses
± 10 mm
± 20 mm
4. Surface flatness
± 8 mm
5. Skewness
± 12 mm
SURFACES
Permitted number of pores with the diameter ‘d’ within
the limits from 2 mm < d < 15 mm up to approx.
2
2250mm on the surface of 500mm x 500mm. Grout with
fine aggregate pressed out from the joints of shuttering is
acceptable to approximately 10 mm wide and approx. 5
mm deep. Displacement of the component joints is
allowable to approx. 5 mm. Permissible height of the
remaining steps to approx. 5 mm. Imprint of the
shuttering element frame is admissible. Standard
scratches are acceptable to 0.3mm. Surfaces should be
free of greasy stains and scaling. Colour variations arising
from the raw material properties are acceptable. Filling
and floating to improve the appearance of components
and removal of larger pores and cracks and repair of
minor damages is permitted. It is generally accepted that
the prefabricated components require to be prepared for
painting by the Customer.
For the components of architectural concrete, texture
pattern and colour is determined individually based on
the template made. Uniformity of colour is assessed from
a distance that allows visual coverage of the entire
building.
WARANTY TERMS AND CONDITIONS
1. PB-M SCANBET Sp. z o. o. confirms in the documents issued by it a good quality and
workmanship of its products made in accordance with good construction practices. We
guarantee the Buyer good product quality and efficiency regarding its structure, workmanship
and materials used. We guarantee the correct manufacturing of the product installed and
operated according to specifications.
2. This warranty is valid for a period of 36 months from the date of sale by SCANBET.
3. The warranty covers defects in materials and workmanship. Should any defects through the fault
of SCANBET be revealed during the warranty period, preventing the operation of the product in
accordance with its intended use, and if/when the complaint be justified, the manufacturer shall
provide a free repair or replacement of the defective goods within 30 days from the date of
notification SCANBET by the Buyer of defects of the goods. The period of repair or replacement
may be extended by the time required to bring appropriate materials from suppliers.
4. Repairs under warranty shall be performed by the Manufacturer’s Service.
5. The basis for dealing with complaints is to make the product available in the condition, in which
the defect had been revealed, along with a detailed description of the technical issue, product
documents and purchase document.
6. The use of the product in accordance with its intended purpose is the prerequisite for
acknowledgement of any claims within the warranty period.
7. The Buyer forfeits its warranty rights in the event of
a. use of the product otherwise than in accordance with its intended use
b. lack of supervision of an authorized person during the assembly of products
c. any mechanical damage to the product
d. making any repairs, alterations or structural changes without the manufacturer’s consent
e. improper storage and handling of products
f. the occurrence of any other causes independent of the manufacturer, if/when the causes
resulted in permanent changes in the quality of the product
8. This warranty does not cover the paint coating.
9. The manufacturer shall not be held liable for any defects caused by random events such as fire,
flood and lightning or other natural disasters, war or civil unrest, unforeseen accidents, etc.
10. The manufacturer’s liability under the warranty shall only be limited to the responsibility
covering the repair or replacement of the product and shall not include any additional costs that
may arise in connection with the repair or replacement of the product.
11. Unreasonable calling of the manufacturer’s Service shall charge the Buyer the costs associated
with this.
12. Should a complaint be not acknowledged by the manufacturer, the cost of repair and testing
shall be borne by the Buyer.
13. Decisions of the manufacturer’s Service regarding the reported faults are final.
14. The manufacturer offers also payable repairs in cases not covered by the warranty and after the
warranty period.
FORMULARZ REKLAMACYJNY
COMPLAINT / REKLAMATION
Nr ………………………..
Firma/ Firm
Firma / Företag
Adres / Address
Adresse / Adress
Osoba zgłaszająca /
Person / Ansvarig
Telefon / Phone
E-mail:
Budowa / Build /
Baustelle / Byggnad
Symbol / Symbol
Zeichen
Element /
Element
Nr zlecenia / Order number
Bestellnummer / Beställningsnummer
Data produkcji / Manufacture date
Datum der Herstellung / Tillverkningsdatum
Data dostawy / Delivery date
Lieferdatum / Leveransdatum
Przyczyna reklamacji / Cause of complaint / Ursache der Reklamation / Orsaken till reklamation
Nieprawidłowy wymiar / Wrong dimension
Schlechtes Maß / Fel dimension
Przekątne / Diagonals
Diagonalen / Diagonaler
Uszkodzenie transportowe / Transport damage
Transportschäden / Transportskador
Nieprawidłowy element wbudowany
Invalid inner part built in/ Ungültige Innenteil
eingebaut / Fel ingjutningsgods
Element nieprawidłowo wbudowany
Element badly built in / Element schlecht gebaut /
Felplacerat ingjutningsgods
Brak elementu wbudowanego / No inner parts /
Keine inneren Teile / brist av ingjutningsgods
Oznakowanie / Marking
Markierung / Märkning
Uszkodzenie powierzchni / Surface damage
Beschädigungen der Oberfläche / Ytskador
Odchylenia powierzchni / Deviations for
surface / Abweichungen zur Oberfläche / Fel
av ytbehandling
Niedrożne przewody / Clogged pipes
verstopfte Rohre / Tilltäppta rör
Kapinos / Drip Nose /
Tropfen / Droppnäsa
Fazy / Edge / Rand / Faser och kanter
Inne / Others
Andere / Annat
Opis / Description / Beschreibung / Beskrivning:
Załączono rysunki, zdjęcia / Enclosed drawings, photos / Geschlossene Zeichnungen, Fotografien / Bifogade ritningar, bilder
…………………………………………………………..…
Data / Date / Datum
……………………………………………………………………………………………………….
Podpis / Signature / Unterschrift / Namnuderskrivt