General Terms and Conditions of Performing Orders by OPINION Strefa Druku Sp. z o.o.
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1 General Terms and Conditions of Performing Orders by OPINION Strefa Druku Sp. z o.o. Effective from Strona 1 z 10
2 Table of contents 1. General provisions Scope of application Making and confirming an order Preparation of graphic files, entrusted materials, mock-up prints and their costs Copyrights Completion date, shipping/reception date, estimated delivery date, inability to deliver the order Packing, shipping and taking over the risk Prices, payment conditions Complaints and warranty General limitation of civil liability Place of performance, competent jurisdiction and governing law P a g e 2 10
3 1.General provisions 1.1. The following Terms and Conditions shall constitute a form of a contract between the Parties Definitions: Parties Mandator and Mandatee Mandator entrepreneur in the meaning of Section 43 1 of the Civil Code (Kodeks Cywilny) who buys products, services from OPINION Strefa Druku Sp. z o.o Mandatee - OPINION Strefa Druku Sp. z o.o. with its registered office in Gliwice , at ul. Leonarda da Vinci 12; with its initial capital of: 72,000 PLN, entered in the Register of Businesses kept by the National Court Register in Gliwice, under KRS number: ; NIP number: PL These Terms and Conditions determine the sales principles of products and services offered by the Mandatee for the benefit of the Mandator. 2. Scope of application 2.1 The conditions of delivery and payment specified below shall apply to all Mandators. If a separate contract is entered into with the Mandator, the provisions of the Terms and Conditions shall apply only to matters not regulated in the contract. 3. Placing and confirming an order 3.1. Accepted shall only be the orders made on the completed order forms constituting appendix 1 hereto, or in any other form approved by both parties The order mentioned in section 3.1 above, shall be submitted by a person authorised to represent the Mandator and shall contain all information necessary to perform the order, with special emphasis on: The Mandator s particulars to which the VAT invoice is to be included, in accordance with the business registration document, including an active EU VATIN in the case of a Mandator from the European Union. Failure to provide an active EU VATIN will result in VAT calculation in accordance with the Polish regulations The order parameters, i.e.: name of product, name of the material, quantity ordered, format, finishing, packing requirements (especially requirements regarding the manner in which to label the package or issue an invoice), name and location of the graphic file, i.e. the soft copy project prepared in accordance with Specification for preparation of materials for printing, which constitutes appendix 2 to these Terms and Conditions, The expected order shipping date or order receipt date, If the Mandator chooses to have the accomplished order shipped: the shipping information, the estimated dispatch date and the name of the freight forwarder, the courier company or the P a g e 3 10
4 carrier, provided that the choice is limited to entities servicing the places of business of both the Mandatee and the Mandator The Mandatee explains that the service terms and conditions of the freight forwarder, the courier company or the carrier indicated or approved by the Mandator shall be applied to the shipment The Mandator shall be fully responsible for the correctness of the placed order, including the graphic files. The Mandatee, having received the order, shall send to the Mandator a document confirming compliance of the order with the confirmed, essential conditions of performance of the order, with special emphasis on: medium, size, quantity, price, completion date, date of shipping or personal collection, finishing, manner of packing and, if required, manner of delivery order confirmation. The Mandator is obliged to confirm the compliance of the order and the confirmation to the Mandatee by the time specified by the Customer Service Office. Having received a confirmation of order from the Mandator, the Mandatee shall begin the work. The order confirmed by the Mandator shall be construed as a basis for the performance of the order in the scope specified therein. If the Mandator confirms an order which does not comply with the Mandator s expectation, the Mandatee shall not be held liable If the Mandator rescinds a placed order which was confirmed, the Mandator shall pay 100% (a hundred per cent) of the gross value of the cancelled order plus the cost of disposal The costs resulting from later amendments made by the Mandator to an order confirmed shall be covered by the Mandator, including the cost of machine downtime. 4. Preparation of graphic files, entrusted materials, mock-up prints and their costs 4.1. The graphic files shall be prepared and delivered in a manner required by the Mandatee, set forth in the Specification for preparation of materials for printing, appendix 2 to these Terms and Conditions The Mandatee reserves the right to make corrections in files which do not meet the requirements of the Specification for preparation of materials for printing, appendix 2 to these Terms and Conditions, whenever such correction (e.g. moving the text away from the cut line) makes the file printable. Such changes shall not be subjected to any complaints The Mandatee shall not be liable for files not following the principles set forth in Specification for preparation of materials for printing, appendix 2 to these Terms and Conditions. The Mandatee shall make its best efforts to correct all errors, if any, or to inform the Mandator of the need to make corrections. The Mandator, however, shall bear the sole responsibility for the errors Failure to prepare the graphic files for print in accordance with the Specification for preparation of materials for printing, exhibit 2 to these Terms and Conditions, may involve additional fees in accordance with the current price list The Mandator shall deliver the graphic files to the Mandatee as early as required for the timely completion of the order, and shall inform the Mandatee of this fact with an . The Mandator P a g e 4 10
5 shall deliver the graphic files through the FTP (File Transfer Protocol) server, by , mail, and courier or by means of a service, e.g. WeTransfer. The graphic files used to manufacture the ordered products shall remain the property of the Mandatee and shall be used solely with a view to perform the order. The graphic files delivered by the Mandator shall be archived by the Mandatee for 7 days If the Mandator does not make any complaint in accordance with Section 9 hereof, the Mandatee shall have the right to remove the possessed mock-up prints and delete the graphic files 7 days after completion of the order If mock-up prints are required, their cost shall be covered by the Mandator. The cost of the mockup prints shall be included in the price of the final print which net value exceeds PLN 1,000/EUR No reservations expressed on the part of the Mandator regarding the mock-up prints by the time the production process begins, i.e. by the time the Mandatee confirms the order, shall be tantamount to the Mandator s approval of the product as presented in the mock-up prints, especially in terms of the colouration. Any complaints regarding the making of the products shall be resolved only on the basis of the order and the mock-up print The Mandator shall review the mock-up prints in order to spot any printing errors and any other defects. The Mandatee shall not be held liable for the errors overlooked by the Mandator. Any changes made on the phone, shall require a confirmation in writing Complaints regarding the mock-up print shall be resolved within 7 days from completion of the order by the Mandatee. After 7 days the Mandatee shall have the right to remove the possessed printouts and delete the graphic files When printing on the entrusted materials, the Mandatee shall not be held liable for their degree of usefulness or for defects or damage, if any, which may be revealed in the course of printing. In such a case, however, the Mandatee shall forthwith stop the printing process and inform the Mandator that printing in the manner agreed earlier, is not possible. 5. Copyrights 5.1. The projects made and the files prepared for printing by the Mandatee for the benefit of the Mandator, shall remain the property of the Mandatee and may not be distributed to any third parties without the Mandatee s consent. The projects shall be copyrighted After the products have been manufactured in accordance with the delivered projects and materials, the Mandator shall be fully responsible for verifying if no third party s rights have been infringed. The Mandator shall satisfy all third party claims for damages resulting from the infringement of their rights. P a g e 5 10
6 5.3. If any third parties have claims for damages resulting from the use of the materials entrusted to the Mandatee by the Mandator to perform the order, the Mandator shall substitute the Mandatee in the damages-related matters and satisfy the reasonable claims of the third parties. 5.4 The Mandator shall agree that the products made by the Mandatee are used for the purpose of the Mandatee s business information and marketing materials, and as samples of the Mandatee s technical skills. 6. Completion date, shipping/reception date, estimated delivery date, inability to deliver the order All information on the dates or other particulars related to the placed order shall be provided by the Mandatee s Customer Service Office The order completion term starts running from the moment the Mandator submits a written confirmation of the order within the time limit specified by the Customer Service Office, and delivers the required, properly prepared graphic files The shipping/reception date and the estimated delivery date shall be specified in the order confirmation. If the files or materials necessary to complete the order are delivered with a delay or the Mandator is delayed in performing its obligations, or the Mandator makes changes to the scope of the order, the completion date, specified in the order confirmation, shall be delayed, and a new completion date shall be agreed on with the Mandatee s Customer Service Office The shipping/reception date and the estimated delivery date shall be postponed, if circumstances arise independently of the Mandatee, especially the Force Majeure, which arose after acceptance of the order and had a substantial effect on the completion of the order, including same circumstances on the part of the Mandatee s subcontractors. The Mandatee shall forthwith inform the Mandator of any such circumstances and of their subsiding. The Mandator may request that the Mandatee explains if it is willing to cancel the order or to complete it within a set timeframe. The Mandatee shall not be held liable for any damage resulting from the circumstances mentioned above Unless the order confirmation stipulates otherwise, the Mandator shall collect the products at the Mandatee s registered office. Upon the Mandator s request, submitted in the form provided for placing orders, the product shall be shipped to the indicated shipping address If the Mandator does not collect the product on the date set forth and confirmed in the order confirmation, the Mandatee shall be authorised to ship the ordered product at the cost and risk of the Mandator. 7. Packing, shipping and taking over the risk 7.1. The Mandatee shall ship the product and insure it for transport only upon an explicit written request of the Mandator and at the Mandator s cost. P a g e 6 10
7 7.2. Any changes to the terms of delivery made by the Mandator after the product has been shipped, including the change of place or date of delivery, may involve additional cost which shall be borne by the Mandator If it is impossible to deliver the product to the Mandator for reasons attributable to the Mandator, all costs related to reshipment or storage of the products shall be borne by the Mandator The Mandatee shall not be held liable for delay, damage or loss of the package containing the product during transport The Mandatee shall not be held liable for a failure to meet the delivery date, if it results from circumstances attributable to the carrier Upon receipt of the package the Mandator shall verify: the number of the packages received against the shipping list the condition of the packaging of all packages (mechanical damage, if any) the completeness of the delivered documentation If the Mandator finds any inconsistencies in the delivery (missing or damaged packages, missing shipping documentation), the Mandator shall forthwith draw up a report in the presence of the carrier s representative. The report shall specify the date and time of delivery and a detailed description of the damage or inconsistency of the package. The report shall be signed by the carrier s representative and the Mandator or the person receiving the package in the case of delivery addresses other than the Mandator s registered office. The report shall be the basis for making complaints, as stipulated in Section 9 hereof. 8. Prices, payment conditions 8.1. The order price and the payment conditions shall be specified in the order confirmation. The set price shall be a net value. Unless specified otherwise, the cost of making projects and corrections of the graphic files or the VAT shall not be included in the price If the Mandator has exceeded his trade credit limit, has a default in payment for the previous order or in making the agreed advance payment, the Mandatee may suspend or stop performing the order, or refuse to release the product In the standard procedure, the payment shall be required in advance in the form of a prepayment before the work begins or in the form of an e-payment to the Mandatee s account. Regular Customers, i.e. those with a positive cooperation history and a trade credit limit, and a deferred payment term, shall settle their orders based on individually established trade conditions. The payment conditions and the size of the trade credit limits for the Regular Customers shall be determined by the Trade Advisors through the Mandatee s Customer Service Consultants The deferred payment term shall be granted to a Mandator upon condition that the Mandator has a positive cooperation history with the Mandatee, has agreed to receive e-invoices and has P a g e 7 10
8 submitted to the Mandatee the current company registration documents and any other documents requested by the Mandatee If the value of the order exceeds the granted trade credit limit, the Mandatee shall have the right to request a prepayment or an adequate security, and shall have the right to rescind the order in the case of refusal If the Mandatee, having accepted the order, finds circumstances undermining the Mandator s credit worthiness, he shall have the right to request a prepayment or an adequate security, and shall have the right to rescind the order in the case of refusal. 9. Complaints and warranty 9.1. Immediately, after reception of the product, the Mandator shall verify the delivery in terms of the quantity, inconsistencies, prices, quality and the guaranteed properties of the product. A complaint may be made within 7 working days from the delivery of the product by the Mandatee The complaints shall be resolved within 5 working days from the complaint date, based on the completed Complaint Form, constituting exhibit 3 hereto. In some instances, the Mandatee may request the Mandator to send back the questioned product, at the cost of the Mandatee. In such a case, if the complaint is deemed unjustified, the cost of transport covered by the Mandatee shall be re-invoiced to the Mandator. In complicated matters, the Mandatee may extend the term of resolution to 14 working days upon prior notice to the Mandator Only inconsistencies found between the received product and the order confirmation confirmed by the Mandator may be complained about The Mandator shall make the questioned product available to a representative of the Mandatee, who shall confirm and analyse the defect. In such a case, the term of resolution shall run from the date the questioned product has been delivered to the Mandatee or its representative If the product is composed of several parts, only the defective parts may be complained about If the Mandatee deems the complaint justified, the Mandatee shall cover the cost of improvement of the product and its shipping to the Mandator, unless the price was reduced In the case of printing on entrusted materials, the Mandatee shall not be held liable for their usefulness degree Unless otherwise stipulated in the guarantee conditions or a separate contract, the following may not be complained about: minor deviations from the colouration standard approved by the Mandator. The same shall concern the comparison of the test print with the final print faded products, products damaged due to incorrect installation or other than intended use, products damaged due to misuse or long-lasting exposure to weather conditions P a g e 8 10
9 9.8.3.products destroyed, damaged or altered by the Mandator during installation or tooling products destroyed or damaged during transport, if the carrier was not informed about the damage and no shipping damage report was made, and signed by the carrier s representative products destroyed or damaged during transport due to inappropriate packing by the Mandator (post-complaint procedure) mechanical damage (regarding the advertising systems) caused by inappropriate activity or use by the Mandator deviations in size, if still fitting in the range set forth in the Tolerance Table, constituting exhibit 4 hereto 9.9.The use of the product by the Mandator or his customer shall be tantamount to the approval of its usefulness and its acceptance by the Mandator. In the case of a complaint about a product which has been used, the Mandator shall only have the right to a reduced price, provided that the Mandatee deems the complaint justified. The size of the discount shall be based on the scope of the complaint and the limitations, if any, in the use of the questioned product Complaints about the colouring shall be taken into consideration only if the colouring of the product is not consistent with the mock-up print mentioned in section 4 hereof. The colouring viewed on a computer screen shall not constitute a basis for a complaint Complaints about the colouring shall not be taken into consideration in the following cases: if the difference in colouring results from placing orders at different times if the print colouring is not consistent with the submitted graphic if the submitted source file was not saved in the CMYK format if cromalin was not attached to the order or no colour from the CMYK colour palette was specified If the complaint is deemed justified, the Mandatee shall forthwith deliver to the Mandator a product free of defects or at a reduced price Having made the complaint, the Mandator shall have the right to request an immediate improvement of the product, before the complaint has been resolved by the Mandatee. In such a case, the Complaint Form, constituting exhibit 3 hereto, shall bear an annotation reading nonstandard. If the Mandatee deems the complaint unjustified, the Mandator shall cover the cost of the product and shipping The provisions of sections9.1 to 9.13specify all rights and obligations of the Parties in terms of the defects of the products. The Parties agree to exempt the Mandatee from liability for the statutory warranty for defects. P a g e 9 10
10 10. General limitation of civil liability The Mandator shall be liable for any infringement of the rights of any third parties resulting from the completion of its order. The Mandator undertakes to satisfy all claims of any third parties resulting from such infringement of rights The liability of the Mandatee resulting from the order, on all accounts, shall be limited to the size of the remuneration paid by the Mandator for an individual order. The Parties shall exempt any possibility to claim damages for lost profits (lucrum cessans) by any Party. 11. Place of performance, competent jurisdiction and governing law The place for deliveries and payments shall be the Mandatee s registered office. The only courts of competent jurisdiction over any disputes between the Parties shall be the District Court in Gliwice or the Regional Court in Gliwice Any contracts entered into in accordance herewith, shall be governed by the Polish law The Mandatee shall have the right to make amendments hereto. The orders that have been placed before amendments hereto were made shall be governed by the Terms and Conditions effective at the date of the order These Terms and Conditions shall become effective from P a g e 10 10
11 Appendix 1 to the General Terms & Conditions by OPINION Strefa Druku Sp. z o.o. Company name : Places an order in the Opinion Strefa Druku Sp. z o.o. company in accordance with the following specifications. The order will be executed in accordance with the General Terms and Conditions of Opinion Strefa Druku (available at and with your signed agreement No. / name of the Customer's order: Shipment / receipt date Expected delivery date * No. Product File name File location Width [cm] Height [cm] Quantity Finish / Confection Packaging Shipping address Comments * The shipment is regulated by the courier comapany terms. The Contractor does not take responsibility for any delay to the requested delivery date resulted from the carrier's fault.
12 Appendix 2 to the General Order Processing Terms by OPINION Strefa Druku Sp. z o.o. Specification regarding the preparation of files for print. OPINION Strefa Druku Sp. z o.o. company with its registered seat in Gliwice ; ul. Leonarda da Vinci 12; has launched a system for automated verification and preparation of files for print. For the file to be correctly prepared and effectively processed by our system, please become familiar with the following guidelines. 1. Our company also offers the possibility to properly prepare the project for print and to design all the graphics by our DTP studio. Accepted file extensions: - raster graphics: TIF with LZW compression enabled. - vector graphics: PDF. We do not insert cutting marks, print registration marks, calibration bars, etc. NOTE! In the case that it is necessary to save files in formats other than TIF and PDF, please contact our DTP Studio: graficy@opinion.com.pl 2. Colors Large format printing is done using digital technology and the only color space is CMYK. In the case of representing Pantone type spot colors, the color profiles of the machine will only approximate Pantone colors, provided that the objects with the spot color will have adequately described color components in CMYK according to Pantone samples. To obtain the proper depth of black, all the elements with black color should be lined with minimum component of in the CMYK color space. 3. File scale The computer system operating in Opinion validates if the file format is correct against the one specified in the order - if the file is in the proportionate scale, the system automatically resizes it to the required dimensions. However, if the file format differs from the one specified in the order up to 3% in height or width, the system will automatically correct and scale to the required dimensions. If the format differs more from the one provided in the order, we will notify the customer and offer chargeable DTP service in order for the file to be corrected or to manually reformat the work with final customer acceptance. 4. NOTE! Please provide the size in centimeters in the submitted order, the file's technical document or in the file name itself. The first dimension is the width and the other the height of the work, e.g. panorama_200x100.pdf - that is the width of 200cm x the height of 100cm
13 F Q 001 Appendix 3 to the General Terms and Conditions by OPINION Strefa Druku Sp. z o.o. Complaint form Complaint - preliminary decision 1 Standard complaint Non-standard complaint 2 Customer (Name) : 3 Customer segment : 4 Complaint received on : 5 Reason for notification : quantity quality deadline damage other 6 OSD order number (from order confirmation - PPZ): 7 Order ID : 8 Item number (from the PPZ document): 9 Number of items : 10 Date of shipment : 11 Brief description of the problem : 12 Customer expectations: reprint discount other 13 Complaint no. (internal OSD no.) : 14 Quality Control decision: well-founded unfounded 15 Reason for decision : 16 Final provision filled by Customer filled by Quality Leader yes no Rev. Date: 6/25/2015
14 Appendix 4 to the General Terms and Conditions by OPINION Strefa Druku Sp. z o.o. Tolerance table Product L 1 m 1 m < L 2.5 m 2.5 m < L 5 m Size 5 m < L 7.5 m 7.55 m < L 10 m L > 10 m Banners with eyelets ± 0.5 cm ± 1.0 cm ± 1.5 cm ± 1.75 cm ± 1.5 cm ± 2.0 cm Banners with tunnels ± 0.5 cm ± 0.75 cm ± 1.0 cm ± 1.5 cm ± 1.5 cm ± 2.0 cm Clean Cut banners ± 0.2 cm ± 0.35 cm ± 0.5 cm ± 0.75 cm ± 1.5 cm ± 1.0 cm Meshes with eyelets ± 0.5 cm ± 1.0 cm ± 1.5 cm ± 1.75 cm ± 1.5 cm ± 2.0 cm Meshes with tunnels ± 0.5 cm ± 0.75 cm ± 1.0 cm ± 1.5 cm ± 1.5 cm ± 2.0 cm Blockouts with eyelets Blockouts with tunnels ± 0.5 cm ± 1.0 cm ± 1.5 cm ± 1.75 cm ± 1.5 cm ± 2.0 cm ± 0.5 cm ± 0.75 cm ± 1.0 cm ± 1.5 cm ± 1.5 cm ± 2.0 cm Backlits with eyelets ± 0.5 cm ± 1.0 cm ± 1.5 cm ± 1.75 cm ± 1.5 cm ± 2.0 cm Backlits with tunnels ± 0.5 cm ± 0.75 cm ± 1.0 cm ± 1.5 cm ± 1.5 cm ± 2.0 cm Backlits - layout shift max 0.2 cm max 0.2 cm max 0.2 cm max 0.3 cm max 0.3 cm max 0.5 cm Tarpaulins nd ± 0.5 cm ± 0.5 cm ± 1.0 cm ± 1.0 cm ± 1.0 cm Foils ± 0.2 cm ± 0.5 cm ± 0.8 cm ± 1.0 cm ± 2.0 cm ± 2.0 cm Keshet, BBS and other papers ± 0.2 cm ± 1.0 cm ± 2.0 cm ± 2.0 cm ± 2.0 cm ± 2.0 cm Plates ± 0.2 cm ± 0.2 cm ± 0.2 cm ± 0.2 cm ± 0.2 cm nd Flags Decors without rubber Satins without rubber Prints finished with kedar Tolerance for printouts with tunnels Printouts finished with silicone rubber +1.0%; - 2.0% ± 1.0 cm ± 1.5 cm ± 2.0 cm ± 4.0 cm - 10 cm, cm ± 1.0 cm ± 2.0 cm ± 2.0 cm ± 3.0 cm ± 3.0 cm ± 5.0 cm ± 1.0 cm ± 2.0 cm ± 2.0 cm ± 3.0 cm ± 3.0 cm ± 5.0 cm cm, cm cm, cm cm, cm cm, cm cm, cm cm, cm L 3.0 cm 3.0 cm < L 7.0 cm 7.0 cm < L 10 cm L > 10 cm cm; cm cm; cm according to the procedure cm; cm cm; cm cm; cm
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