summary from General Terms Of Sale
Article 4 Terms of deliveries and returns.
10. If the Buyer refuses to accept delivery of the ordered goods, delivered by a forwarder authorized by the Seller, the Seller reserves the right to terminate execution of the Order, either in full or in part, and to charge the Buyer with sustained costs, in particular costs of invoicing, shipment of documents, preparation of the Goods, costs of storage, as well as costs of transport. The Seller does not give the possibility to return the Goods to the Buyer.
12. The Buyer shall carry out any controls and tests of the Goods deemed necessary thereby, as soon as possible, but no later than within seven days (7) from the date of receipt of the Goods. Any differences in the quantity of delivery must be reported to the Seller within seven (7) days from the date of receipt of the Goods. In the case of delivery containing quantity of the Goods greater than the ordered, the Buyer may, at their own discretion, return the Goods at their expense or retain surplus of the Goods (subject to adjustment of the price stated in the invoice in order to include items forming the surplus). The Goods should be returned in original packaging and fulfill, at least, requirements relating to quality of packaging.
Article 5 Guarantee and making complaints.
1. The Seller guarantees that the Goods shall be, upon delivery to the Buyer and for the period of twenty four (24) months (or another agreed period) from the date of delivery, free from defects or material defects and execution defects, and shall be consistent with the specifications of the Seller for given Goods. The only and exclusive obligation of the Seller and the only and exclusive right of the Buyer under claims arising from this guarantee shall be limited, at the Seller's discretion, either to replacement of defective or nonconforming Goods, or to repair of such Goods, or to respective reduction in its price, within not more than 21 days. The Seller shall have appropriate time for repair, replacement or price reduction. In case of replacement, nonconforming or defective Goods become the property of the Seller upon delivery to the Buyer of Goods free from defects.
2. The Buyer, exercising rights resulting from the guarantee, should send the Goods according to the instruction provided thereto by the Seller, after reporting complaint by the Buyer. In the event when the guarantee claim is reasonable, the Seller shall pay costs of shipment. In the event when the Goods complained about under the guarantee by the Buyer prove non-defective and are returned to the Buyer, the Buyer shall reimburse to the Seller sustained costs, including costs of transportation, tests and handling costs related to the above.
3. Without restriction in the above provisions, the Seller shall not bear liability in connection with the guarantee if a presumed defect or nonconformity have been created as a result of excessive use, incorrect use, negligence, incorrect installation, unauthorized repair, mechanical damages, arbitrary modifications, storage, transportation or incorrect operation. The guarantee does not include damages arising as a result of operation that is inconsistent with intended use of the Goods, inconsistent with the requirements of power supply network and environmental conditions (e.g. temperature, humidity), use of consumables that are not recommended by the Seller.
4. The guarantee granted above covers directly the Buyer rather than customers, agents or representatives of the Buyer, and substitutes any other guarantees, both granted and implied, in particular any implied guarantees of suitability for a specific purpose, transferability, lack of breach of intellectual property rights. The present guarantee is the only guarantee granted by the Seller to the Buyer for the Goods purchased by the Buyer on the basis of these GTS.
5. Subject to the provisions of Article 6 of GTS, the above describes the whole liability of the Seller in respect of the Buyer in connection with defective or nonconforming Goods, delivered under these GTS.