General Terms and Conditions of Sale of the Product STAG Sigma

General Terms and Conditions of Sale of the Product STAG Sigma

I. General Provisions

  1. AC S.A., having its registered office in Białystok at ul. 42 Pułku Piechoty 50, 15-181 Białystok, holding the status of a large undertaking within the meaning of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ EU L 187 of 26 June 2014, as amended), hereinafter referred to as the “Warrantor”, under the warranty granted by it, warrants that the purchased product is free from physical defects and complies with the technical specifications applicable to the relevant device.
  2. The entity entitled to purchase products and exercise rights arising from the warranty granted by AC S.A., hereinafter referred to as the “Beneficiary”, shall be an entrepreneur, in particular an automotive workshop, who has purchased the relevant product directly from AC S.A. in direct connection with its business or professional activity.
  3. By placing an order, the entrepreneur represents and warrants that:
    1. it has the status of an entrepreneur;
    2. it enters into the agreement directly in connection with its business or professional activity;
    3. the information provided concerning its business activity is true, accurate and up to date;
    4. it accepts the Sales Regulations of AC S.A.; and
    5. it purchases the product with the exclusion of statutory liability for defects, to the extent permitted by applicable law.
  4. An order may be placed only after the entrepreneur has accepted the required declarations and the Sales Regulations of AC S.A. Failure to select the required acceptance fields shall prevent the order form from being submitted.
  5. Returns of products purchased by entrepreneurs, including automotive workshops, shall not be accepted.
  6. The warranty period shall commence on the date on which the Warranty Document is issued by the Warrantor. The duration of the warranty period shall in each case be specified in the Warranty Document.
  7. The scope of the Warranty is set out in the Warranty Card supplied with the product.

II. Commercial Terms and Procedures

  1. Commercial transactions shall be handled by the Sales Department of AC S.A.
  2. Orders shall be placed by means of the order form available on the website AC S.A. and via the e-mail address designated for the receipt and processing of orders.
  3. The order shall contain at least the following information:
    1. the quantity of the goods;
    2. the type of goods;
    3. the entrepreneur’s details;
    4. the VAT identification number (NIP);
    5. the details of the person placing the order; and
    6. the delivery address.
  4. The placement of an order for goods shall be deemed a binding undertaking by the purchaser to take delivery of such goods.
  5. A VAT invoice shall be issued upon the execution of the order.
  6. Products are sold exclusively to entrepreneurs engaged in business or professional activity, in particular automotive workshops.

III. Submission of Warranty Claims

  1. A warranty claim should be submitted without undue delay after a defect is discovered.
  2. A warranty claim is subject to verification by AC’s Service Center.
  3. A warranty claim should include:
    1. the product model;
    2. the serial number, if the product has one;
    3. the number of the invoice issued by AC S.A.;
    4. a detailed description of the defect;
    5. the claimant’s details;
    6. the name of the business;
    7. the business’s tax identification number (NIP);
    8. where possible, photographs or other information enabling a preliminary assessment of the reported defect.
  4. Upon receiving a warranty claim, AC’s Service Center verifies it and informs the Beneficiary of the next steps.
  5. Once the warranty claim has been registered, the Beneficiary must, at the request of AC’s Service Center, deliver the complete product to the service department, i.e. with all accessories, unless AC’s Warranty Service Center decides otherwise.
  6. The Warrantor reserves the right not to fulfill warranty claims concerning incomplete products delivered by the Beneficiary if the missing components are necessary to carry out diagnostics or service work.
  7. Before being shipped to the Warrantor’s service department, the product should be carefully protected for transport. If this obligation is not met, any resulting defects may be treated as mechanical damage constituting grounds for the Warrantor’s service department to refuse to perform work under the warranty.

IV. Handling of Warranty Claims

  1. Within the scope of its rights, the Warrantor’s service department may repair a defective product, replace it with a defect-free product with the same or better specifications, or issue a corrective invoice for it. The Warrantor chooses how to satisfy the Beneficiary’s warranty claims.
  2. A decision on whether the claim is justified and, if it is accepted, on how to satisfy the Beneficiary’s claims will be made within 14 business days from the date the defective product is received by the Warrantor’s service department. If warranty work is performed by an external service provider, the time required to handle the claim may be extended.
  3. In justified cases, a different deadline or method of satisfying the Beneficiary’s warranty claims may be agreed with the Warrantor’s service department by email.

V. Payments

  1. Payment for ordered goods is made exclusively by bank transfer on the basis of a pro forma invoice issued by AC S.A.
  2. After receiving the order confirmation and the pro forma invoice, the business customer, as the ordering party, transfers the payment to the bank account of AC S.A.
  3. Goods are dispatched once the full amount due for the goods ordered by the customer has been confirmed as received in the bank account of AC S.A.
  4. Once receipt of the funds in the bank account of AC S.A. has been recorded, a VAT invoice is issued for the ordered goods.
  5. The pro forma invoice is valid for 5 days from the date of issue. After that period, it is cancelled without notice to the recipient.
  6. The business customer may cancel an order only in justified cases and by agreement with the Sales Department of AC S.A.

VI. Delivery and Collection of Goods

  1. Orders are fulfilled from AC S.A. warehouses.
  2. The Goods are delivered through the freight forwarding company DPD Polska Sp. z o.o.
  3. The cost of delivery is added to the price of the goods and included in the final invoice for the Order.
  4. Detailed information on the delivery cost is provided to the business customer together with the order confirmation.

VII. Prices

  1. All prices in the price list are unit prices and apply regardless of the quantity of products ordered.
  2. All prices in the price list are stated in PLN (Polish zloty).

IX. Final Provisions

  1. In the event of an unjustified warranty claim, the Warrantor may charge the Beneficiary for transport costs and for the costs of the service work performed.
  2. The Warrantor does not cover the cost of transporting products subject to a warranty claim.
  3. If the Beneficiary does not collect a product returned after the warranty claim procedure has been completed, whether a repaired product, a replacement product, or a product for which the claim was found to be unjustified, the Warrantor may, after a further unsuccessful request to the Beneficiary to collect it, take the measures provided for by applicable law.
  4. Matters not governed by these terms and conditions are subject to the provisions of the Polish Civil Code and other applicable laws.
  5. For contracts concluded with businesses, the Warrantor’s liability under statutory liability for defects is excluded to the extent permitted by applicable law.
  6. The “General Terms and Conditions of Sale for the STAG Sigma product.” may be amended. The Customer will be informed of any amendments through the publication of the new terms and conditions on the website AC S.A.