Terms of sale of spare parts and hydraulic pumps

1. These General Terms of Sale (GTS) set out the rules for the sale of spare parts, components and hydraulic pumps by RK Rental Radosław Rafiński, NIP (tax ID) 562-174-37-86, EU VAT number PL5621743786, REGON 341352640, registered address: ul. Krótka 21, 86-061 Brzoza; place of business and address for returns and complaints: ul. Brzozowa 12, 86-061 Brzoza near Bydgoszcz; e-mail: biuro@fajnepodnosniki.pl (hereinafter: the Seller).

2. We sell exclusively to businesses (entrepreneurs), within the scope of their business activity (hereinafter: the Buyer). By submitting an enquiry or an order, the Buyer confirms that it is acting as a business. The Seller may refuse to sell to a person who is not a business.

3. The GTS constitute standard contract terms within the meaning of Article 384 of the Polish Civil Code. They are available on the website in a form that allows them to be saved and printed, and we provide a link to them in every offer. Terms agreed individually in the offer or in the order confirmation take precedence over the GTS.

4. The Buyer's general terms of purchase do not apply unless the Seller accepts them in writing.

1. Information about parts and pumps published on the website, including prices, availability and descriptions, is for information purposes only. It constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code, and not an offer within the meaning of Article 66 § 1 of the Civil Code.

2. Prices on the website are net prices in Polish zloty (excluding VAT) and are indicative prices. They depend on the prices of manufacturers and suppliers, exchange rates and transport costs, which change on an ongoing basis. The price in the Seller's offer may be higher or lower than the price shown on the website.

3. The price is negotiable. In the enquiry, the Buyer may propose its own price, ask for a discount on a larger order or ask for a cheaper replacement part.

4. In response to the Buyer's enquiry or order, the Seller sends an offer for the specific part, stating the catalogue number, the net price, the cost and time of delivery and the period of validity of the offer. Only the price stated in that offer is binding.

5. An order placed via the form on the website, by e-mail or by telephone is not binding on the Seller until it has been confirmed. The contract is concluded when the Buyer accepts the Seller's offer within its period of validity (by e-mail, in the offer form or by payment) or when the Seller confirms the Buyer's order by e-mail.

6. Obvious errors on the website, in particular in prices, catalogue numbers and photographs, do not give rise to any claims. Photographs may show a similar part; conformity is determined by the catalogue number in the offer.

1. The Buyer provides the catalogue number of the part or the machine details: make, model, year of manufacture and serial number, and for pumps also the number from the nameplate.

2. The same base number may denote different versions of a part (e.g. direction of rotation, type of shaft, displacement). We confirm the version in the offer before the contract is concluded.

3. The Seller is responsible for the conformity of the part with the catalogue number stated in the offer. The Buyer is responsible for the selection of a part made on the basis of incomplete or incorrect data provided by the Buyer.

1. Payment is made by bank transfer on the basis of a VAT invoice or a pro forma invoice, within the time limit stated in the offer. Parts sourced to order may require prepayment, of which we inform the Buyer in the offer.

2. Until the price has been paid in full, the goods remain the property of the Seller (retention of title, Article 589 of the Civil Code).

3. We ship within Poland and, at the Buyer's request, also abroad. We state the cost and time of delivery in the offer; the delivery time is an estimate unless the offer states otherwise. Personal collection in Brzoza near Bydgoszcz is possible by prior arrangement.

4. The risk of accidental loss of or damage to the goods passes to the Buyer when the consignment is handed over to the carrier (Article 548 § 1 in conjunction with Article 544 of the Civil Code).

5. The Buyer inspects the consignment upon receipt, in the presence of the courier. The Buyer reports transport damage to the carrier (damage report) and to the Seller on the day of receipt, and at the latest within 48 hours.

The Buyer examines the goods without delay after delivery and, no later than within 48 hours, reports by e-mail any non-conformity with the order (a different part, a different quantity) and any visible defects. After this period, the goods are deemed to have been accepted without reservations as regards non-conformity with the order and visible defects.

1. For new parts and pumps, the Seller grants a warranty for a period equal to the warranty period of the manufacturer or supplier of the given item, as stated in the offer or in the order confirmation, calculated from the date on which the goods are handed over.

2. The warranty covers defects in materials and workmanship. Under the warranty, the Seller, at its own discretion, repairs or replaces the goods or refunds the price or part of it.

3. Remanufactured, used and made-to-order parts are covered by the warranty only if and to the extent indicated in the offer.

4. A claim will be accepted only if it is demonstrated that the goods were properly stored, fitted and operated in accordance with the instructions of the manufacturer of the machine and of the part.

5. The Seller's liability under the statutory warranty for physical defects (Polish “rękojmia”) is excluded (Article 558 § 1 of the Civil Code); the warranty under this paragraph applies instead. The exclusion does not apply if the Seller has fraudulently concealed the defect (Article 558 § 2 of the Civil Code).

The warranty does not cover, in particular:

– repairs, modifications and attempted repairs carried out by third parties,

– fitting or operation inconsistent with the manufacturer's instructions, as well as operation outside the permissible parameters and overloading,

– damage to pumps and hydraulic components caused by contaminated or unsuitable oil, missing or damaged filtration, cavitation and aeration, incorrect start-up or failure to flush the system after a previous failure,

– electrical and electronic parts damaged by overvoltage, short circuit or incorrect connection,

– wear and tear (seals, bearings, filters, consumables),

– mechanical and transport damage reported after the deadline set out in §4(5), accidental events and force majeure,

– defects reported after the deadline or without returning the part for examination.

1. An electronic part may not be returned once it has been fitted or its factory packaging has been opened, except in the case of a justified complaint.

2. Acceptance of a complaint concerning an electronic part requires proof of correct fitting and of diagnosis of the cause of the failure (e.g. an invoice or a report from the contractor). The purpose is to ensure that the new part is not damaged for the same reason as the previous one.

1. A complaint is submitted by e-mail to the office address, stating: the invoice number, the catalogue number, a description of the fault, photographs, the machine details (make, model, serial number) and the proof of fitting.

2. Goods for examination are sent back only after a return number (RMA) has been received from the Seller. A pump is sent back in the condition in which it was removed from the machine: cleaned, without oil and without fittings.

3. The Seller responds to the complaint within 14 days of receiving the goods for examination. If examination by the manufacturer or supplier requires more time, the Seller informs the Buyer accordingly.

4. The costs of transport and examination are borne by the Buyer, unless the complaint is accepted.

1. As a business, the Buyer does not have the statutory right to withdraw from a contract concluded at a distance, subject to §12.

2. Non-defective goods may be returned only with the Seller's consent and with an RMA number, where the goods are new, unused and in their original packaging. We state the terms of the return (transport costs and any handling fee) in the consent to the return.

3. We do not accept returns of parts sourced or made to the Buyer's order, remanufactured parts, or electronic parts after the packaging has been opened or after fitting.

The Seller's liability towards the Buyer is limited to the price paid for the goods concerned. The Seller is not liable for lost profits, machine downtime, the costs of removal and fitting, travel and towing, or for indirect damage, to the extent permitted by law. The limitation does not apply to damage caused intentionally.

If the Buyer is a natural person conducting business activity and the contract is directly related to that activity but its content shows that it is not of a professional nature for that person, the Buyer is entitled to the rights provided for consumers in this respect (Article 385⁵ of the Civil Code and Article 7aa of the Consumer Rights Act). The provisions of the GTS limiting those rights, including §6(5), §10 and §11, do not apply to such a Buyer to the extent that the law grants the Buyer protection.

1. We process personal data in accordance with the privacy policy available on the website.

2. Contracts are governed by Polish law. Disputes are resolved by the court having jurisdiction over the Seller's registered office.

3. The Seller may amend the GTS. The contract is governed by the version in force on the date on which the Seller submitted its offer.