General terms of the contract
GENERAL TERMS AND CONDITIONS OF CONTRACTS FOR SERVICES (hereinafter: GTC)
OF PRINT CYCERO PRINTING HOUSE (hereinafter: Printing House)
Contract – a contract in which the Customer orders the manufacturing and, as the case may be, delivery of the Product specified in the Purchase Order placed in response to the Quotation, agrees to collect the Product and to pay the agreed price, and the Printing House agrees to manufacture the Product ordered by the Customer and, as the case may be, to deliver the Product to the agreed place in one-off or batch shipment.
Customer – an individual or a company / business who/ which has submitted a Request for Quotation or with whom the Printing House has signed a Contract.
Product – products manufactured within the scope of the service provided by the Printing House.
Request for Quotation – a Customer’s statement submitted to the Printing House by e-mail, post or personally delivered, containing all the data required by the Printing House to prepare a Quotation, including the Product quantities, technical specification (material, design, colours, processing, functional features etc.), type of packaging, the expected date and, as the case may be, place of delivery of the whole or part of the Product.
Quotation – a statement of the Printing House sent to the Customer by e-mail, post or personally delivered, in response to the Request for Quotation, containing such information as: the quantity to be printed, raw material, format, colours, processing, scope of binding works, the Customer’s details, type of packaging, unit price and, as the case may be, the method and term of payment, mode of transport and freight cost.
Purchase Order – a Customer’s statement submitted to the Printing House by e-mail, post or personally delivered – in the latter case prepared on the order form received from the Printing House – containing an explicit acceptance of the Quotation submitted by the Printing House. Placement of the Purchase Order is equivalent with the acceptance of the Printing House’s GTC.
Complaint – a Customer’s statement reporting incorrect Product manufacture, submitted to the Printing House by e-mail, post or personally delivered, containing such details as: description of the Product defect, circumstances and date of the defect detection and the Customer’s requested solution if the complaint is accepted by the Printing House.
Complaint Procedure – a mandatory procedure to be used following a Complaint made by a Customer with regard to a Product.
Model – a Product mockup (prototype) made of the intended raw materials, usually made by means of a cutting plotter, with groove simulations and without imprint.
Account Manager – an employee of the Printing House Sales and Marketing Department, responsible for the ongoing customer service and order handling.
Closed File – work saved as a PostScript file. In practice its means a work saved in a file where no changes can or should be made. Any changes or corrections should be made in an open file.
Entering into a Contract
1. A Contract is concluded by placement of a Purchase Order constituting the acceptance of the Quotation prepared by the Printing House in response to the Request for Quotation. The conditition of the Contract conclusion is confirmation of the Purchase Order acceptance by the Printing House and passing it for execution.
2. In order to receive a Quotation from the Printing House, a Request for Quotation must be sent to the Marketing and Sales Department of the Printing House in the form enabling preparation of the Quotation i.e. containing all the details necessary to create the Quotation. Data submitted electronically should be sent in a closed file and in accordance with the guidelines posted on the Printing House website www.printcycero.pl . The Printing House will start working on a quotation provided that the Customer gives his accurate details including the Tax Id. No. (NIP), e-mail, registered address and telephone number.
3. Should any doubts arise making it impossible for the Printing House to prepare a Quotation, the Customer will be asked to add the necessary details to his Request for Quotation and send it in a closed file.
4. After submission of a Request for Quotation the Customer will receive a reply within 48 hours from the person responsible in the Printing House for preparation of the Quotation. The 48-hour term will be extended appropriately if it expires on Saturday or Sunday. The person preparing the Quotation is authorized to make declaration of intent binding on the Printing House within the scope necessary to enter into a Contract on the terms and conditions arising from the prepared Quotation. The Responsible Person is not authorized to modify on his/her own the Quotation intended for the Customer, especially with regard to discounts, deferred payments or time limits for the Order execution.
5. If the Printing House is unable to provide the service referred to in the Request for Quotation, the Customer will be notified thereof by the Responsible Person by e-mail, personally or by phone.
6. A Quotation shall contain in particular the cost of the service provision, cost of tools necessary for the Order execution, cost of transport, if any, and may also specify the anticipated time limit for execution. An integral part of the Quotation is raw material specification and technological specification (number of colours, processing, print, binding processes etc.).
7. If the Customer accepts the Quotation, the Customer shall place a Purchase Order in the form referred to §1 herein. Placement of a Purchase Order is equivalent to the acceptance of the Quotation and the GTC.
8. Upon delivery of the Purchase Order to the Account Manager and upon delivery to the Customer of the confirmation of the Purchase Order receipt and passing the Order to execution, the Contract is deemed as concluded and binding on both Parties.
9. Time for the Order execution is specified in each order confirmation, however, the delivery time may be extended, especially in the event of non-acceptance of designs by the Customer, raw material difficulties, machinery breakdowns, strikes, natural disasters, to which the Customer agrees. Should any obstacles persist for more than 30 days, either Party may renounce the Order execution.
10. Should the Printing House question the materials required for the Order execution, sent in by the Customer, the Customer shall, upon receipt of information to that effect, send new or corrected materials with written information which materials the Printing House should use to launch the Order. All the necessary information about the manner of preparation of the graphic file for the Printing House are available on the Printing House website or can be sent by e-mail by the Responsible Person. The time of preparation of appropriate materials extends the time of the order execution.
11. The Supplier reserves the right to +/-10% quantitative tolerance limits for the finished product as compared to the order quantity.
12. The Printing House shall not be held liable for any infringements of copyright or trademark rights which might occur in the graphic files received from the Customer. The Printing House has neither an obligation or legal possibilities to verify copyright or trademark issues.
1.The Printing House shall use its own materials and technical means to manufacture the Product unless otherwise provided for in any particular Contract. Any different arrangement can also include the Customer’s obligation to supply his own materials necessary for the Product manufacture. In such event the Contract shall provide for the manner and time of the materials supply to the Printing House, method of the materials storage and way of accounting for any surplus.
2.The Printing House shall manufacture the Product according to the parameters presented to the Customer in the Quotation.
3.If the Printing House or the Customer consider it necessary to present the Product Model to the Customer for his approval before the final production, the Printing House shall in the first place manufacture the Product Model and shall notify the Customer of the place and date of the Model viewing.
4.Until the Product Model approval the Printing House will only take actions necessary for preparation of the Order execution. The Printing House will secure the production capacity of its enterprise only after the sample approval. The time of the Order execution will be extended by the waiting time for the Customer’s approval of the Product sample.
5.If the Customer expresses the wish and the Printing House consents thereto, the Customer will have the right to supervise the production process by its delegated employee upon the prior agreement with the Printing House of the date and place of approval. The Customer’s approval shall not stop or hinder the production process or the Printing House operation. The Contract can provide for the Customer’s specific rights regarding the approval, in particular the right to separate approval of the particular stages of production.
6.The Printing House is entitled to charge the Customer for unjustified production stoppage or delay based on the man-hour rate attributed to each machine or machines in the net amount from 200.00 PLN to 600.00 PLN for one hour of stoppage or delay.
7.The Customer shall ne notified by the Printing House of any circumstances threatening the timely performance of the Contract and of any preventive measures taken.
8.Immediately after the completion of the process of the Product manufacture, the Printing House will start the Product quality control and in the event of the quality approval, will pack the Product according to the Contract and notify the Customer of the Product readiness for release or transport to the agreed destination.
Rules for the Product packing, transport and storage
1. The Complaint Procedure governed by these GTC constitutes a contractual modification of liability under the statutory warranty against product defects provided for in the Civil Code. The Customer’s rights and respective obligations of the Printing House have been provided for in these GTC in an exhaustive manner. Because of the specific nature of the Product manufactured by the Printing House, auxiliary application of the Civil Code provisions concerning the statutory warranty against product defects is hereby excluded.
2. The Printing House shall be responsible to the Customer for product defects caused by circumstances attributable to the Printing House. Liability of the Printing House for product defects shall be fulfilled only within the framework of this Complaint Procedure, otherwise the Customer shall lose warranty rights.
3. Filing an action with the court or a request for arbitration with an arbitration court concerning a claim for product defects before the date of completion of the Complaint Procedure will be regarded as premature.
4. The Customer shall examine the Product immediately upon taking the possession thereof, not later, however, than within 30 days of the delivery date. In case of part shipments, the obligation to immediately examine the Product applies to the first and each of the following batches of the Product.
5. The Printing House shall not be held responsible for any defects arising in the Product after passing of the risk of the Product damage or loss to the Customer’s trade partner / customer.
6. If the Product is released to the carrier indicated by the Customer, it is assumed that the Product was in good and proper state at the moment of its handover to the carrier. The Printing House shall not be held responsible for any defects arising in the Product after passing of the risk of the Product damage or loss to the said carrier.
7. If on examination of the Product by the Customer a defect of the Product has been detected, the Customer shall notify the Printing House thereof without delay, shall secure the disputed batch of the Product and shall take steps to minimize the damage arising from the defect. The complaint will be considered on the condition that the disputed batch of the Product is returned (at Print Cycero cost and expense) to the Printing House. Should the Customer decide that the defective Product batch is fit to be used in production, the Customer shall notify the Printing House of the Product defect before starting the production in order to agree on the further procedure and shall make photographic record of the defective Product batch. The Printing House will not consider a complaint if the disputed Product batch has been used in the target production after the detection of the Product defect by the Customer and the Printing House has not been notified thereof prior to the production.
8. Immediately after the receipt of the information about the detected product defect, the Account Manager will explain to the Customer the further complaint procedure to follow.
9. Immediately after noting the receipt of the Complaint, the Responsible Person will contact the Customer and inform him that the matter has been forwarded to the Quality Control Department. From that moment the Customer’s Complaint will be handled by the Quality Specialist who will inform the Customer in writing within 30 days of the date of receipt of the defective product by the Printing House about the way of the Complaint consideration. As far as possible, the Printing House should attempt to settle the complaint in the manner proposed by the Customer. If it is impossible for the Printing House to meet the Customer’s expectations in any particular case, the Printing House will be entitled to handle the Complaint in any other possible manner, in particular by granting a price discount.
10. During the Complaint procedure the Customer has the right to receive through the Quality Specialist current information about the Complaint status, about the steps taken and their outcome.
11. Should the need arise to verify the facts connected with the product defect, in particular to perform expert examination of the Product, to check the condition of the Product or any part thereof or to have a meeting with the Customer or any third parties, the time of the Complaint Procedure may be extended by a period not longer than 60 days. The Quality Specialist will inform the Customer thereof, specifying the cause of the Complaint Procedure extension and the new date of the Procedure completion.
12. If the need arises to verify the facts connected with the product defect, in particular to perform expert examination of the Product, to check the condition of the Product or any part thereof, the Customer can be requested to supply the Product or a part thereof to the place indicated by the Printing House.
13. If the Customer’s Complaint is admitted, the Printing House will cover the costs of the Complaint handling, in particular the costs of the Product transport and other costs of the Complaint procedure.
14. If lodging a Complaint is obviously ungrounded, also if the Complaint is lodged in bad faith, the Customer will be obliged to cover the documented costs of the Complaint Procedure.
15. Any Customer’s claims for product defect shall not be pursued in court until the completion of the Complaint Procedure.
16. Irrespective of the date of discovery of the product defect, claims for product defect expire after the lapse of three months after the date of the Product release to the Customer or to a third party indicated by the Customer. A Complaint lodged after the aforesaid three-month period has no legal effect. No Complaint Procedure will be launched for a Complaint lodged after the aforesaid time-limit.
1. After each delivery of the ordered product / service a VAT invoice will be issued.
2. Settlements under this Contract will be made in the Polish currency. It is also possible to arrange a settlement in a foreign currency. In such situation, if the Customer wishes to make payment in a foreign currency, this currency is converted into the Polish currency at the average exchange rate quoted by the National Bank of Poland on the day preceding the invoice date.
3. If such requirement is included in the Quotation, the Customer shall make an advance payment to the Printing House in the amount arising from the Contract within 3 days of the date of the conclusion of the Contract. The Printing House shall deliver to the Customer a VAT invoice documenting the advance payment on the date and in compliance with the rules provided for in the taxation law. The Printing House is entitled to make the commencement of the Order execution conditional on receipt of the advance payment.
4. If not agreed otherwise, payment for the Product delivery shall be made on the basis of the VAT invoice, delivered to the Customer on the date and according to the rules provided for in the taxation law. The term of payment agreed with the Customer will be stated on the VAT invoice.
5. In case of a payment more than 14 days overdue the Printing House will be entitled, after a prior demand to the Customer for an immediate payment, to charge contractual interest on the overdue amount at the statutory interest rate.
6. If the Customer has overdue payments as referred to in clause 5, the Printing House is entitled to refuse to accept an order from the Customer or to issue ready products manufactured according to prior orders.
Communication between the Parties
1. The Parties agree to exchange correspondence for the purposes of the Contract performance by e-mail, by traditional post or directly by authorized staff members. Whenever the Contract or General Terms and Conditions provide for the necessity to make a statement or send information, without indication of the method of delivery of such statement or information, the Parties can use the means of communication set forth in this clause.
2. The arrangement concerning the means of information exchange between the Parties is not binding if a legal provision requires a written or any special form.
3. Any amendments to the Contract or modifications of the rights and obligations of the Parties arising from these General Terms and Conditions shall be made in writing, otherwise being null and void.
4. In any controversial issues it is assumed that a declaration made is binding upon the Party if such declaration has been made by the Party’s employee via e-mail address at the official Internet domain of the Party or by post on the Party’s letterhead paper – unless it is proved that the declaration has been made as a result of a tortious act by an employee of the Party or any third party.
Any liability of the Printing House for non-performance or inadequate performance of its obligation under the Contract, including also liability for product defects, comprises damage actually sustained and documented by the Customer, excluding lost profit, and is limited to the amount equal to 100% of the Contract value.
1. Should one or some provisions of these GTC prove to be invalid or ineffective, the validity and effectiveness of the remaining provisions shall not be affected.
2. The Contract, General Terms and Conditions and the rights and obligations of the Parties connected therewith are governed by Polish law, regardless of the Customer’s registered seat, place of incorporation and place of the Product delivery.
3. Any disputes arising between the Parties with regard to the performance of the Contract shall be resolved amicably. Should the Parties be unable to reach agreement, the matters in dispute shall be submitted for resolution to the common court having jurisdiction over the seat of the Printing House.
Taken form our references
By means of this reference letter, Krakowskie Zakłady Zielarskie Herbapol w Krakowie SA [Cracow Herbal Company Herbapol in Cracow SA] desires to certify the high professionalism of the employees and the good quality of the packaging produced by Print Cycero printing house.
I can assure with the highest responsibility that PRINT CYCERO PRINTINGHOUSE Sp. z o.o. is the company that is worth recommending.
Our 12-year cooperation in the scope of carton boxes and pallets for blister heat sealing as well as packing boxes has been very productive and developmental.
Cooperation with Print Cycero Printing House Sp.z o.o. Sp.k. ul.Wojska Polskiego 6; 42-100 Kłobuck is very good.
Pursuance of orders and deliveries always on time.
Competencies of employees and the quality of the performed commissions at the high level.