1. The Complaint Procedure laid down in these GTS constitutes a contractual modification of liability under the statutory guarantee for defects in things, regulated by the provisions of the Civil Code, and is the sole basis of the Buyer's rights with respect to complaints concerning the Goods. The Client's rights and corresponding obligations have been regulated exhaustively. The Parties hereby exclude the Seller's liability under the statutory guarantee for physical and legal defects of the Goods.
2. Submitting to court or arbitration court a statement of claim or a motion, the subject of which are claims for defects of the Goods, before the date of exhaustion of this complaint procedure, shall be treated as a premature claim.
3. The Buyer is entitled to lodge a complaint about the Goods, provided that he performs a thorough inspection of the Goods at the moment of receipt/delivery and notifies the Seller about:
a) any quantity shortages within 3 working days from the date of receipt of the goods;
b) any quality defects within 90 days from the date of receipt of the goods;
c) inconsistency of the goods with the order within 7 working days from the date of receipt of the goods (bottle type, color, thread type and weight).
4. Notification of the Seller takes place by contact with the Seller's sales representative, and sending, within the time limit outlined in paragraph XII.3 letters a-c of the GCS, by e-mail, in writing to the address of the Seller's registered office or by fax, correctly completed Complaint Form received from the representative.
5. The Buyer shall be obliged to attach samples of defective goods together with their labels to the notification.
6. The Buyer's submission of any reservations, remarks or complaints, if any, and their consideration shall not suspend the running of the payment time.
7. Failure to meet the terms and conditions of the complaint, contained in these GTS, results in the expiry of all claims of the Buyer arising from the complaint.
8. In the case of deliveries by the Seller or carrier, the fact of quantitative discrepancy or damage to the goods must be recorded and indicated in the consignment note and signed by the driver and the person receiving the delivered goods, and then notified to the Seller no later than on the next working day after receipt of the goods. In the absence of such information in the consignment note, quantitative and qualitative complaints will not be considered.
9. The time limit for consideration of a properly filed complaint is 10 working days, counting from the date of its registration by the Seller.
10. The correct lodging of a complaint is understood as a complaint supplemented with all the information
and documents requested by the Seller.
11. The lack of the Seller's response to the complaint within the time limit specified above is not tantamount to its tacit acceptance.
12. In the course of a complaint, the Buyer shall be obliged to:
- make available to the Seller samples of the goods under complaint, which are necessary to carry out expert analyses,
- enable examining the behavior of the goods during and at the place of processing,
- provide the necessary information concerning the working technology or the conditions under which the goods have been used.
13. The decision of the Sales Representative rejecting or accepting the complaint may be appealed against by the Buyer to the Managing Director. The period for consideration of an appeal against the decision of the Sales Representative is 10 days from its receipt. No objection from the Buyer within 3 days from its sending shall mean acceptance of the Seller's decision without reservations.
14. If it is necessary to check the facts related to the defect of the Goods, in particular to subject the Goods to expert analysis, check the condition of the Goods, the manner of their storage or processing, etc. as well as to hold a meeting with the participation of the Buyer or third parties, the period of the complaint procedure may be extended by maximum 60 days. The Seller shall inform the Buyer about this fact, stating the reason for prolonging the complaint procedure and the new deadline for its completion.
15. The Seller's liability is limited only to the obligations described in these GTS and never includes monetary compensation. In particular, the provisions on statutory guarantee for defects of sold goods shall not apply due to the granting of the above warranty to the Buyer.
16. The Seller is only liable for damage in the event of willful intent or gross negligence. The Seller shall not be liable for consequential losses, in particular for lost profits.
17. The Seller shall not be liable for defectiveness of the Goods if they were used in a manner inconsistent with their intended use, and the Buyer did not follow the recommendations included on the label.
18. Before placing an order, the Buyer is obliged, on the basis of the received samples, to carry out in-house testing of the ordered products for PET packaging and to adjust the closure and check the labelling possibilities. If the Buyer decides to purchase the Goods without prior acceptance of samples and the Goods do not meet his expectations, the Buyer shall not be entitled to any complaints.
19. The subject of the complaint cannot be colored bottles for which the Buyer did not provide coloring masters or for which such coloring masters were not made by the Seller and then delivered to the Buyer for approval.
20. In view of the nature of the product and of the production, the following is permissible and within tolerance:
a) delivery of the order in the quantity increased or decreased by max. 10% of the ordered goods in the scale of the whole order, which the order shall be then considered as conformant with the order. The Seller shall then issue an invoice for the actual quantity of the delivered Goods.
b) delivery of an order containing up to 0.5% of defective goods.
c) delivery tolerance less than or equal to 1 % in the scale of the order, in which case it shall be deemed to have been properly executed.
In other cases, the Buyer shall be entitled to lodge a complaint under the conditions provided for in these GTS.
21. Due to the specific nature of the product and production, small blemishes, scratches and smudges may be present on the surface of the bottle, both on clear and colored packaging. These lie outside the manufacturer’s control, and as such are not subject to complaint. It is possible that small points appear on the packaging as a result of the technological process - deaerating the molds. These points are not product defects.
22. In the case of products with the addition of plastics based on Post-Consumer Recycled Materials, a deviation in colouring is allowed. This is due to the fact that the batches of the base material differ in colour, which translates into the final colour of the product.
23. If, during processing or use of the goods, the Buyer notices defects, he shall be obliged to:
- suspend further use of the goods,
- secure the defective goods and store them until they are replaced or returned in their original packaging or in packaging that ensures equivalent storage conditions, with the consent of the Seller,
- inspect collective packaging for the existence of defective goods,
- in a situation where the quantity of defective goods in each of the inspected collective packaging is equal to or exceeds 10%, the Buyer is obliged to refrain from using all the goods and to initiate a complaint process, in accordance with the content of these GTS,
- if the amount of defective goods in each of the inspected collective packaging does not exceed 10% or the problem does not concern every collective packaging, the Buyer shall be obliged to consume the remaining goods and initiate the complaint process covering only the goods with the defect.
24. If the notification of a defect is properly submitted within the time limit specified in point XII.3 letters a-c of GTC, the Seller may, at his discretion and choice:
a) for defects not exceeding 10% of the order - produce the missing quantity for the next order
b) for defects exceeding 10% of the order - produce the missing quantity of Goods in the quickest possible time, or return funds in the amount corresponding to the quantity of damaged Goods (adjustment of the invoice).
25. The Seller shall consider the complaint only at the original place of delivery of the goods, as indicated in the order. In the situation when the Goods were sent by the Buyer to another place, the Seller shall not bear the costs of their re-delivery to the place indicated in the order.
26. In case of a complaint, the Buyer is obliged to secure and store the defective goods until the complaint is considered or clarification with the carrier or the Seller is made (in a dry place, not exposed to sunlight and temperature 0-35°C).
27. Return of defective Goods to the Seller is possible only with the express consent of the Seller, expressed in writing. If the goods are returned by the Buyer without prior consent, the Seller has the right to refuse to accept the returned goods and to send them back to the Buyer at his expense.
28. If the complaint is accepted, the costs of transport to the Seller’s place shall be covered by the Seller. In the event that a part of the complaint is accepted, the Seller shall bear the costs in the amount proportional to the extent of the accepted complaint, the remaining part of the transport costs being borne by the Buyer.
29. At the express request of the Buyer, the Buyer may return the defective goods, fully covering the cost of transport, upon prior consent of the Seller, and in the event of a positive acceptance of the complaint, these costs will be reimbursed to the Buyer, in accordance with the principles set forth in point XII.27.
30. If the Seller fully accepts the complaint and the costs of sending the goods exceed their value, he has the right to leave the goods at the disposal of the Buyer, without additional charges. At the same time, the Buyer waives any claims for storage and disposal of the left-over goods.
31. The Seller shall have the right to withhold from the Buyer any claims arising from the complaint until the Buyer has settled any outstanding claims.
32. In case of an unjustified complaint, the costs necessary to establish the existence of a defect in the Goods, including in particular the cost of an expert's report, expert or manufacturer's tests, as well as the cost of transporting the Goods, shall be borne by the Buyer, for which the Seller shall issue a VAT invoice.