General Therms and Conditions
Elektro Med - General Therms and Conditions
1. Terms of Sale
This terms and conditions of sale applies to all quotations made and purchase orders accepted by Elektro Med Grzegorz Pałkowski, or its affiliates, each individually or collectively herein referred to as “Elektro Med.”
From its customers (each a “customer”), in documentary form, transmitted by electronic (mail).
2. Acceptance or Rejection Orders
If Customer want to purchase products from Elektro Med (the “Products”), Customer must submit a written Purchase Order to Elektro Med. Each of Customer’s orders for Products or parts is subject to acceptance or rejection by Elektro Med, at Elektro Med’s Home Office in Poland.
In addition to any specific rights of rejection set forth in this Terms and Conditions of Sale, Elektro Med shall have the right to reject any orde, in whole or in part, at its sole discretion. Elektro Med will inform the Customer of the acceptance or rejection of the order.
3. Pricing
Pricing on a particular order is based on Elektro Med net price list or idividual quotations to Customer from time to time and, unless otherwise noted in such price list and quotations, does not include freight charges.
4. Taxes
Prices do not include taxes of any nature.
5. Shipments
5.1. FREIGHT. Freight terms are EXW (Incoterms 2024), Elektro Med located in Niepołomice, Poland.
5.2. SCHEDULED SHIPMENTS. If Customer desires more than one shipping date on a single purchase order, Customer shall designate the various requested shipping dates and the desired number of units in each shipment.
5.3. TIME OF SHIPMENT. While Elektro Med will endeavor to ship Products as is confirmed on sales acknowledgement, or as soon as possible up to 14 business days, all shipping and delivery dates are estimates only. After confirming your order, Elektro Med will provide you with an estimated shipping date.
5.4. PARTIAL SHIPMENTS. Elektro Med shall have the right to make partial shipments with respect to Customer’s orders, which shipments shall be separately invoiced and paid for when due, without regard to subsequent shipments. Delay in shipment or delivery of any particular installment shall not relieve Customer of its obligation to accept the remaining installments.
6. Terms of Payment and Financial Requirements
6 .1. TERMS OF PAYMENT. For customers to whom Elektro Med extends credit limts, terms of payment are net fourteen (14) days from date of invoice. First 3 orders will be 100 % of prepayment , before be ready do send.
6.2. DEDUCTIONS FROM PAYMENTS. Payment can be made by wire transfer to Elektro Med bank account indicated on the invoice. Customer shall pay all invoices when due and shall refrain from making deductions of any kind from any payments due Elektro Med. If any invoice is not paid on time, interest will be added to all outstanding amounts at the maximum percentage permitted under applicable law. Elektro Med’s acceptance of any partial payment shall not operate as an accord and satisfaction and shall not preclude Elektro Med from recovering any remaining balance, notwithstanding any endorsement or other writing by the Customer purporting to characterize such payment as payment in full.
6.3. DELINQUENCIES. If Customer becomes delinquent in any payment obligation to Elektro Med or is in default of any credit limts or financial requirements established by Elektro Med, or, if in the sole judgment of Elektro Med, Customer’s credit limits becomes impaired, Elektro Med shall have any or all of the following rights and remedies in addition to any other rights and remedies provided by applicable law:
6.3.1. Elektro Med may refuse to accept any new orders, may cancel or delay shipments of any orders accepted previously, or may stop any shipments in transit.
6.3.2. If Elektro Med previously has extended credit limits to Customer, and Elektro Med elects to make further sales to Customer, Elektro Med may refuse to extend further credit limit.
7. Force Majeure
In addition to, and not in limitation of, any other provision hereof, Elektro Med shall be excused from any failure to comply with any of its obligations to Customer (including but not limited to, failure to fill orders or delays in shipment or delivery) if such failure is caused in whole or in part by fire, flood or the other acts of nature, war, riot, civil commotion, embargo, laws or regulations, inability to obtain materials (finished or otherwise) from usual sources of supply, transit failure or delay, labor disputes or any other cause(s) beyond Elektro Med’s reasonable control.
8. Changes or Discontinuation of Product and Parts
Elektro Med shall have the right, at any time, to change the design of any of its Products or discontinue selling any Product or part without advance notice to Customer, and Customer shall have no claim against Elektro Med for failure to furnish Products or parts of the model, design or type previously supplied.
9. Waiver; Non-Exclusivity
All waivers must be in writing. Elektro Med’s waiver of any of its rights against Customer in a particular instance shall not be construed as a waiver of the same or different rights in subsequent instances. All of Elektro Med’s rights and remedies hereunder shall be cumulative and non-exclusive, and none shall operate as a limitation of any other right or remedy.
10. Applicable Law
The relationship between Elektro Med and Customer (including any construction or interpretation of this Terms and Conditions of Sale shall be governed and construed in all respects in accordance with the laws of Poland without regard to conflict of laws principles.
11. Changes in Terms and Conditions
Elektro Med reserves the right to change any or all of the terms and conditions set forth herein, at any time on a going-forward basis, without advance notice to Customer.
12. Limitation on Actions
No action against Elektro Med for breach hereof shall be commenced more than one (1) year after the accrual of the action.