These General Terms and Conditions (GTC) apply to all agreements, commercial transactions, deliveries, and other services provided by HAUSFORMATOR Ltd. In case of necessity, commercial customs, industry practices, and generally accepted rules are applied as a supplement to the GTC. HAUSFORMATOR Ltd. publishes the GTC on the Internet and refers to them in correspondence and commercial documentation. The GTC is available for inspection at the registered office of HAUSFORMATOR Ltd. Familiarization with the content of the GTC is in the interest of HAUSFORMATOR Ltd.'s customers and contractors.
The offer of HAUSFORMATOR Ltd. is non-binding until it is confirmed in writing. Oral agreements require written confirmation from HAUSFORMATOR Ltd.
In the case of goods that are not available directly from HAUSFORMATOR sp. z o.o. warehouse, the following rules apply to placing orders, payments, and deliveries: Once all technical and commercial details are agreed upon, HAUSFORMATOR sp. z o.o. issues a pro forma invoice to the customer. Based on the pro forma invoice, the customer makes the payment for the goods (or pays a deposit as agreed). The day of payment by the customer is considered the day of placing the order. From that moment, the agreed delivery/pickup deadlines for the goods start running. In case of delays in pickup/payment, relevant provisions of the General Terms and Conditions apply.
In the case of goods that are available directly from HAUSFORMATOR sp. z o.o. warehouse, the transaction takes place in a traditional manner, i.e., through payment (or deferred payment if agreed) and the pickup/delivery of goods. In case of delays in pickup/payment, relevant provisions of the General Terms and Conditions apply.
By choosing a product made, among others, from natural materials such as wood, the Customer accepts its natural characteristics and properties. This specifically refers to biological, physical, and chemical features, as well as a wide range of natural colors, textures, and other characteristics inherent to a specific type of wood. Statements made by HAUSFORMATOR sp. z o.o. employees and presented samples are not considered as data regarding the quality of the goods and are for illustrative purposes only. Products made from solid wood do not come with a warranty. As a manufacturer of wooden products, HAUSFORMATOR sp. z o.o. has no control over factors affecting wood, such as weather conditions, UV radiation, humidity, the customer's method of wood preservation, etc. In cases where goods are transported to the Customer by HAUSFORMATOR sp. z o.o., and the Customer identifies a defect in the goods, they are still obliged to accept and store the goods correctly. The claimed goods must remain in an undamaged condition, meaning they cannot be processed (e.g., cut, painted, installed). Defects in the goods must be reported immediately after being identified (no later than within 14 days). Claims reported later or in relation to processed goods will not be considered. Complaints are examined based on appropriate quality standards, and in the absence of such standards, they are evaluated in accordance with industry and trade practices. The Customer's claims for compensation and reimbursement of expenses are excluded.
In the event that defects or faults are identified during the acceptance of the subject of the agreement, HAUSFORMATOR sp. z o.o. is obliged to rectify them within the agreed-upon timeframe by the Parties. The Parties agree that compliance with applicable standards, meaning conformity with the prevailing norms, is not considered a defect in the execution of the subject of the agreement. If the defects are rectifiable, the Customer may refuse acceptance until the defects are remedied. After the specified timeframe has elapsed, the Customer may either terminate the agreement or delegate the rectification or further execution of the works at the expense of HAUSFORMATOR sp. z o.o., should the Contractor fail to meet the set deadline. If the defects indicated in the final acceptance protocol are irreparable or if HAUSFORMATOR sp. z o.o. is unable to remedy them in a timely manner, and the defects are not significant, i.e., they do not prevent the use of the subject of the works according to its intended purpose, the Customer may demand a corresponding reduction of the remuneration. In the event that the Customer does not proceed with the acceptance of the completed works within one day from the date of notification of HAUSFORMATOR sp. z o.o.'s readiness for acceptance, HAUSFORMATOR sp. z o.o. will draw up a unilateral protocol for the transfer of works, with the effect of acceptance, and is authorized to issue a VAT invoice for the completed works without the Customer's signature. The exact date and time of acceptance of the completed works are agreed upon electronically by the Parties on each occasion. In the event of the Customer's refusal to prepare and sign the acceptance protocol, HAUSFORMATOR sp. z o.o. may unilaterally draw up and sign the acceptance protocol, with the effect of acceptance.
Additional works shall be considered entrusted to HAUSFORMATOR sp. z o.o. on the condition that the Parties have concluded a separate written agreement, under the penalty of nullity, in the form of an annex to this agreement, specifying the scope of the additional works, the deadline for their completion, and the remuneration. In the event of a reduction in the scope of works specified in the agreement, HAUSFORMATOR sp. z o.o. has the right to charge the Customer for the costs incurred up to that point. Furthermore, HAUSFORMATOR sp. z o.o. may demand compensation from the Customer for potentially lost benefits. If the reduction in the scope of works affects the costs of the agreement's implementation by HAUSFORMATOR sp. z o.o. (e.g., loss or reduction of discounts or allowances for the Contractor on materials, equipment, etc.) resulting from increased unit prices and costs, HAUSFORMATOR sp. z o.o. will reevaluate the implementation of the subject of the agreement, which will be included in the form of an annex to the agreement. Upon reducing the scope of works by the Customer, HAUSFORMATOR sp. z o.o. has the right to cancel any discounts or allowances granted to the Customer. The introduction of changes to the quantity or type of works by the Customer requires immediate notification to HAUSFORMATOR sp. z o.o. by email. HAUSFORMATOR sp. z o.o. will provide a quotation for the additional works within 5 days from the date of receiving such official information. The Customer shall pay HAUSFORMATOR sp. z o.o. the remuneration for the performance of the additional works before HAUSFORMATOR sp. z o.o. commences their execution. Settlement for works that decrease or increase will be made based on the valuation provided by HAUSFORMATOR sp. z o.o.
The Parties establish special procedures in the event of force majeure circumstances. Force majeure, hereinafter referred to as "Force Majeure," shall be understood as external events that impact the performance of the agreement, which cannot be foreseen and are beyond the control of the Customer or Contractor and cannot be avoided or prevented with due diligence. If either Party must suspend or delay its actions under the agreement due to the occurrence of Force Majeure, they shall notify the other Party by email within 5 days from the date of the occurrence of such an event, specifying the event, its causes, and the consequences for the performance of the agreement. The Party providing such notice shall be released from its obligations or from complying with the deadlines of its obligations for as long as the event lasts. The deadline for the performance of mutual obligations will be extended accordingly for the duration of the event mentioned above. The Party affected by Force Majeure shall make reasonable efforts to minimize its effects and resume the performance of the agreement as soon as possible, when practicable. Delay or failure to fulfill the provisions of the agreement due to Force Majeure shall not constitute grounds for the termination of the agreement, with the exception of the following paragraph and filing any claims for damages (or additional costs) incurred by the other Party.
The implementation of the subject matter of the agreement will proceed according to the deadlines specified in the agreement. Updating the deadlines by email in cases expressly mentioned in the agreement does not require the signing of an annex by the Parties. In any case where the Customer fails to meet the deadlines specified in this agreement, the Contractor is entitled to unilaterally change the deadlines, notifying the Customer by email in accordance with the provisions. The Contractor has the right to postpone the deadline for the completion of the agreement by up to 15 days due to their own fault, informing the Customer about this fact via email. In case of untimely payments by the Customer or failure by the Customer to fulfill its obligations as mentioned in this agreement, the Contractor may independently postpone the completion of the agreement, notifying the Customer by email. If there is a need for additional work related to the implementation of the subject matter of the agreement, the deadline of this agreement may be extended by the number of days indicated by the Contractor as necessary for the proper completion of the additional work. The Contractor will inform the Customer about this fact via email. In the event of unfavorable or adverse weather conditions preventing the proper execution of the work, the completion date covered by the agreement will be extended by the number of days affected by the unfavorable or adverse conditions. Adverse weather conditions refer to atmospheric conditions that prevent or hinder the Contractor from executing the work according to the adopted technology and construction methods, ensuring the proper quality of the work. The Contractor shall not be held responsible for delays resulting from circumstances on the Customer's side or due to force majeure events. In the event of any changes to the deadlines for the implementation of the agreement due to reasons for which the Contractor is not responsible, the Parties agree that the planned or contracted implementation of projects for other customers of the Contractor will always be taken into account when setting new deadlines for the implementation of the agreement. The Contractor is not liable for changes to the deadlines of this agreement due to reasons for which the Contractor is not responsible. The specified deadlines in the agreement will be proportionally extended by the time (number of days) that the Customer will spend on making decisions, approvals, or actions related to the implementation of the subject matter of the agreement. The Contractor is not liable for the actions or omissions of the Customer mentioned in this paragraph. The delivery/receipt date of goods is usually provided as an approximation. The delivery/receipt date may be extended, especially in situations where the goods have not been delivered to HAUSFORMATOR sp. z o.o. as agreed, and in situations of extraordinary weather conditions, strikes, significant disruptions on access roads, etc. In the case where the goods are ready for pickup, HAUSFORMATOR sp. z o.o. informs the customer. From that moment, the customer has 7 days to pay for the goods (in full or the remaining part, depending on the specific agreements with the customer) and to pick up the goods. If the goods are to be delivered to the customer by HAUSFORMATOR sp. z o.o., the same 7-day term applies for the payment. After payment, the goods will be delivered to the customer within 7 days. If the customer delays the pickup of the goods (or payment for the goods) HAUSFORMATOR sp. z o.o. issues a written notice (by mail, fax, email, etc.) to the customer, granting an additional 7-day period for pickup/payment. After the unsuccessful expiry of this period, HAUSFORMATOR sp. z o.o. stores the goods at the customer's expense and risk. The storage cost amounts to 0.5% of the net value of the goods (based on the selling prices from that specific transaction) for each day of storage. From that moment, a new 10-day period begins for the customer to pick up the goods/pay for the goods. The unsuccessful expiry of this subsequent 10-day period is understood as the customer's final decision to cancel the purchase. If a deposit was paid for the goods, it will be forfeited in favor of HAUSFORMATOR sp. z o.o. After the expiry of this period, HAUSFORMATOR sp. z o.o. has the right to sell the goods and claim reimbursement of storage costs from the customer. If the customer has paid in a timely manner for the goods (or a deferred payment has been agreed upon) that are already in HAUSFORMATOR sp. z o.o.'s warehouse, and it has been agreed that the goods will be delivered to the customer by HAUSFORMATOR sp. z o.o., then the delivery will take place within 7 days from the payment, unless another delivery date has been agreed upon. If it has been agreed that the customer will pick up the goods with their own transport, the pickup can be done immediately.
In the case of delivery carried out by HAUSFORMATOR sp. z o.o. to the client's site, the client is responsible for preparing the access directly to the building's foundation. The client is responsible for stabilizing the ground for the building's foundation to allow the access of heavy-duty trucks and a crane. If the client's property is accessed by a dirt road with trees and branches overhanging the road, which may damage the modules of the house or vehicles, the client is responsible for clearing the road (trimming the branches to a width of 3.5m and a height of 4.2m). If the client does not clear the road or prepare the access to the foundation (minimum 5m required), the HAUSFORMATOR assembly team may refuse to enter such unprepared terrain. In such a case, the house modules will be unloaded at the nearest available location (at the client's own risk and responsibility) or returned to HAUSFORMATOR sp. z o.o.'s facility at the client's cost and responsibility. If the client decides to bring the modules into an unprepared road (e.g., with untrimmed branches), HAUSFORMATOR sp. z o.o. is not liable for any damages to the roof, roofing materials, façade, window-door frames, etc. In the event that the HAUSFORMATOR assembly team discovers faulty execution of foundations (made by the client) such as improperly leveled, unstable, or not compliant with the project, the assembly team may refuse to assemble and enter such unprepared terrain. In this case, the house modules will be unloaded at the nearest available location (at the client's own risk and responsibility) or returned to HAUSFORMATOR sp. z o.o.'s facility at the client's cost and responsibility.
Until the full payment for the goods is made, they remain the property of HAUSFORMATOR. The moment of payment is considered to be the moment when the funds are received into the bank account/cash register of HAUSFORMATOR. The place of performance of obligations is Wrocław. All disputes between the Parties concerning the Agreement shall be settled amicably. In the event of failure to reach an amicable settlement within a period not shorter than 60 (sixty) calendar days from the date of written notification of the claim by the Party asserting its rights against the Party in breach, the dispute will be finally resolved by the court competent for HAUSFORMATOR sp. z o.o.
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