General Terms and Conditions of Sale.

1. The prices given in the offer should be increased by the due value added tax (VAT) at the rate applicable on the date of issuing the invoice.

2. This offer is not binding within the meaning of Article 66 et seq. of the Civil Code.

3. THALE Sp. z o. o. Sp. k. has a business liability insurance for the amount of EUR 1,000,000.

4. The price does not include the costs of any bank or insurance guarantees (guarantee of return of the advance payment, guarantee of proper performance and guarantee of removal of defects and defects).

5. The prices and discounts given are applicable to the acceptance of the offer in full. If the buyer selects only one of the elements of the offer, its price may change.

6. The offer is valid for 30 days from the date of its issue.

7. Prices specified in foreign currencies are converted into Polish zlotys according to the NBP selling rate as of the date of issuance of the sales document.

8. By placing an order, the Purchaser agrees to include these GTCS in the purchase/sale agreement.

1. The deadline for the implementation of the offer is determined each time after the offer is accepted by the Buyer.

2. Unless separate arrangements provide otherwise, the deadline for the implementation of the offer begins to run from the (working) date:

a) receipt of a written confirmation of the order – if its value does not exceed PLN 10,000 net,

b) receipt of the advance payment to the account of THALE Sp. z o.o. Sp.k. (formerly NICZUK Sp. j.)

c) receipt of the prepayment in the amount of 100% of the agreed price to the account of THALE Sp. z o. o. Sp. k. (formerly NICZUK Sp. j.) - in the case of new customers

3. The agreed order date may change in the event of:

a) delays in transferring the advance payment/prepayment due to the Seller from the Buyer to the account of THALE Sp. z o. o. Sp. k. (formerly NICZUK Sp. j.)

b) reasons attributable to the Ordering Party, which prevent the Seller from properly performing the sales agreement

c) other interruptions in the performance of the contract due to force majeure understood as external events, independent of the will of the parties, which could not have been predicted or prevented despite exercising due diligence, in particular: natural disasters (e.g. floods, earthquakes), hostilities, riots, acts of terror, epidemics, strikes, interruptions in the supply of utilities, administrative decisions or other events of a similar nature.

4. The Buyer is obliged to pay the amount due for the sale of the goods within the time limit indicated on the invoice.

5. The date of payment is the date of crediting the payment to the Seller's bank account specified in the invoice, or the date of payment in cash.

6. In the event of failure to settle the payment by the Buyer within the specified period, the Seller is entitled to charge statutory interest for each day of delay, as well as to demand prepayment for the goods from the next orders already accepted for processing.

7. Failure to settle the amount due within the time limit specified in the invoice entitles the Seller to interrupt the delivery of goods and suspend the execution of already accepted orders. The Seller may make the performance of a new order placed by the Buyer who is in arrears with payments or pays invoices late conditional on the payment of an advance payment for the new order.

8. The Buyer is not entitled to withhold payments or set off their receivables in relation to THALE Sp. z o.o. Sp. k. (formerly NICZUK Sp. j.). Transfer of the Buyer's receivables against THALE Sp. z o.o. Sp. k. (formerly NICZUK Sp. j.). to other entities, is possible only with the prior consent of THALE Sp. z o. o. Sp. k. (formerly NICZUK Sp. j.). granted in writing under pain of nullity. .

9. Filing a complaint does not release the Buyer from the obligation to pay for the goods within the agreed period.

10. Payment terms:

a) offer up to PLN 10,000 net – 100% prepayment

b) offer with a value of over PLN 10,000 net – advance payment of 30% of the agreed gross price, the remaining 70% of the agreed gross price after delivery or before collection

c) new customers of Niczuk will make a prepayment of 100% of the agreed gross price, regardless of the value of the order

11. In the event of delays in payments in the orders referred to in section 10 point b, for the implementation divided into stages, the final date of order completion will be postponed in the ratio of at least 1:1 until the delay in payment.

12. The Seller reserves the right of ownership of the sold goods, which has the effect that the Seller is the owner of the goods until the full payment for the collected goods and other receivables resulting from the sales agreement is made, regardless of the place of storage or installation in the Buyer's facilities.

13. Upon the initiation of bankruptcy or arrangement proceedings in relation to the Buyer, the Buyer is obliged to mark the goods in a way indicating the existence of reservation of ownership rights in favour of the Seller. In the event of seizure of goods owned by the Seller during enforcement proceedings directed to the Buyer's property, the Buyer is obliged to immediately inform the Seller of this fact and cooperate in the exercise of its rights against the entity seizing the goods within all available means.

At the request of the Seller, the Buyer is obliged to immediately provide all information about where the goods covered by the reservation of ownership are stored.

1. The equipment of THALE Sp. z o. o. Sp. k. (formerly NICZUK Sp. j.) is manufactured for the transport of loose and dry raw materials. The manufacturer does not guarantee the correct operation of these materials in contact with wet/sticky raw materials. Wet products are considered to be those with a moisture content of more than 15%.

2. The devices of THALE Sp. z o. o. Sp. k. (formerly NICZUK Sp. j.) have the European CE mark.

3. Equipment standard: galvanized; Painted versions for an extra charge.

4. Equipment bodies made of s235 steel, conveyor chain made of s355 steel. 

5. Nord geared motors, Hafner pneumatic components. Alternative producers for an additional fee.

6. The offer does not include electrical, control, connection and assembly elements.

7. The offer does not include solutions for Ex zones (Atex), unless its content states otherwise.

8. The Niczuk company provides a warranty for its products:

a) for chain conveyors, bucket elevators, distributors and gate valves, it is 24 months

b) for the plate transport chain, which is a product of the Niczuk company, it is 60 months

c) for other components, the manufacturer's warranty (drives, sensors) is granted,

9. The warranty begins:

a) in the case of sale of devices without assembly: from the moment of delivery

b) in the case of sale of equipment with installation: from the moment of handing over for use

10. The condition for acknowledging the warranty for the devices of THALE Sp. z o. o. Sp. k. (formerly NICZUK Sp. j.) is their storage, assembly and use, in accordance with the user manual and technical and operational documentation. Alterations, modifications of equipment, use of improper consumables and transport of raw materials not provided for in the manufacturer's declaration (e.g. stones, strings, metal elements) will be tantamount to the expiration of the warranty and the need to make potential repairs at the Buyer's expense.

11. The warranty does not cover elements that wear out during the normal operation of the equipment.

12. Any issues not regulated herein shall be resolved based on the Civil Code.

1. In the case of delivery of goods to the Client, the delivery is considered to have been made at the moment of its delivery to the specified destination.

2. In the case of personal collection of the goods by the Client – at the moment of collection of the goods from the warehouse.

3. The Client is obliged to collect the goods and unload them immediately after their delivery.

4. If the Buyer suspends the shipment of goods prepared for collection from the Seller's warehouse (e.g. due to a delay at the construction site, lack of space in the warehouse, etc.), the Seller may charge the Buyer with the costs of storing the goods, without the need to sign a separate agreement with the Buyer. Charging the Buyer with storage costs by the Supplier does not exclude other rights of the Supplier.

1. The Buyer is obliged to carefully examine the goods, in particular in terms of quantity and quality (quantity, material, dimensions) directly upon receipt and to determine any shortages or damage to the subject of the contract arising during transport under pain of losing the complaint rights.

2. Any shortages in the ordered goods, inconsistencies of the goods with the order or the delivery note, as well as mechanical damage to the goods found by the Buyer will be reported in writing on the waybill or on a copy of the delivery note, and additionally in a separate Damage Report with the Carrier with a full description of the damage, signed by both the driver and the Buyer, under pain of losing the subsequent complaint claims to which the Buyer is entitled. The bill of lading and the delivery note without any comments as to the quantity and quality of the ordered Goods constitute a proof of the performance of the contract concluded on the basis of the order without reservations on the part of the Buyer.

3. In the case of goods in opaque packaging, the Buyer is obliged to carefully examine them and record in writing the noticed deficiencies, inconsistencies with the delivery document or damage within a maximum of 3 (three days from the date of receipt, unless the goods have left the place of delivery. In this case, the Buyer must prove to the Carrier that the fault lies with the Carrier.

4. The Buyer is obliged to immediately inform the Seller about the occurring situations.

5. If the Buyer finds a qualitative or quantitative defect in the goods, the Buyer is obliged to secure the goods intact, they are obliged to refrain from installing the defective goods until the complaint is considered by the Seller, otherwise they will lose the right to any claims against the Seller.

1. For the purposes of the performance of the Sales Agreement, the Parties, as independent data controllers, will share with each other the personal data of the Parties' representatives and their representatives, as well as other persons, depending on the needs resulting from the provisions of the Sales Agreement.

2. The Parties undertake to inform the persons mentioned in paragraph 1 of the necessity to provide their data for the purposes of the performance of the Sales Agreement, including the purpose and scope of the transfer of data in accordance with the provisions of the GDPR. The party providing the data is also obliged to provide individuals with information about the processing of their data by the receiving party in the event of such information being received from it.

3. Information on the processing of the Buyer's personal data in connection with the performance of the Sales Agreement by the Seller can be found here.

The Seller declares that it has the status of a large enterprise within the meaning of the provisions of the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions.