GENERAL TERMS AND CONDITIONS OF SALE
General terms and conditions of sale of 1 January 2023 in force at P.H. HAMAR Sp. j. B. i H. Grzesiak, with its registered office in 81-061 Gdynia, ul. Hutnicza 7, entered in the register of entrepreneurs of the National Court Register under KRS: 0000005355, NIP: 5850005736, REGON: 190293799.
§1
Definitions
1. Seller – P.H. HAMAR Sp. j. B. i H. Grzesiak, with its registered office in Gdynia, ul. Hutnicza 7, KRS: 0000005355, NIP: 5850005736, REGON: 190293799 .
2. Buyer – any entity, excluding the consumer within the meaning of Article 221 of the Polish Civil Code of 23 April 1964 (Polish Journal of Laws No. 16, item 93, as amended), which engages in business or professional cooperation with the Seller.
3. Payment date – the date after which the Goods are due and payable
4. Goods – movable goods, goods to be sold under a contract of sale executed by and between the Seller and the Buyer.
5. Order – an offer to purchase Goods made by the Buyer in at least documentary form, delivered in person, by letter, fax or e-mail
6. Contract – a contract of cooperation, sale, delivery or any other contract executed by and between the Seller and the Buyer in written or electronic form and concerning the Goods offered by the Seller.
7. Confirmation – the Seller's statement of acceptance of the Order, made in at least documentary form, submitted to the Buyer upon receipt of the Order, specifying at least the price of the Goods, the total value of the ordered Goods, the date of performance, place and terms and conditions of delivery/collection and terms and conditions of payment.
8. GTCs – general terms and conditions of sale.
9. Business Days – means any day falling within the period from Monday to Friday with the exception of public holidays
10. Formal manner – performing the action in an official manner in writing, by registered letter or e-mail.
11. Force Majeure – an external and sudden event which (in the exercise of due diligence by the Parties) cannot be prevented and foreseen (which also includes a low probability of its prevention or foreseeability), making it impossible or difficult to perform the Contract in whole or in part. Events defined as Force Majeure include, in particular, events related to natural forces, fire, strike, riot, military action, embargoes, energy restrictions, acts of state power and pandemics.
12. EAN-European Commodity Code – a continuous, numeric, modular, self-checking bar code with an additional check digit.
13. Incoterms (International Commercial Terms) – international terms and conditions of sale introduced by the International Chamber of Commerce describing eleven (11) basic trade rules.
§2
General provisions
2. These GTCs form an integral part of sales contracts executed by the Seller, including contracts executed as a result of a written or electronic order placed by an entrepreneur making a purchase.
3. These GTCs apply if the other party to the Contract is an entrepreneur within the meaning of Article 4 of the Act of 6 March 2018 Entrepreneurs' Law ("Buyer")
4. These GTCs exclude the application of other contractual templates (general terms and conditions of contract, terms and conditions of sale, model contracts, rules and regulations, etc.) applied or established by the Buyer.
5. Contractual provisions individually agreed by and between the Parties to the Contract and confirmed in writing prevail over the provisions of these GTCs to the extent that they contain provisions different from these GTCs.
6. The provisions contained in these GTCs may only be amended in writing or will be null and void otherwise.
7. These GTCs are available to the Buyer prior to the execution of the Contract in writing at the registered office of P.H. Hamar Sp. j. B. i H. Grzesiak and on the website https://hamar.com.pl/en/
8. In the event that the Buyer has an established business relationship with the Seller, acceptance of the GTCs for one order is deemed to be acceptance for all other orders and Sales Contracts.
§ 3
Orders and requests for quotations
1. Orders and requests for quotations for the Seller's products should be submitted via e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it., via the contact form on the website https://hamar.com.pl/en/ or by traditional mail to the address ul. Hutnicza 7, 81-061 Gdynia.
2. The Seller does not present quotations or provide price information by telephone.
3. Price quotations are made on the basis of customer enquiries in a Formal manner
4. The prices presented in the Seller's price lists do not constitute a commercial quotation within the meaning of the Polish Civil Code and require each time confirmation by the Seller.
5. The Seller reserves the right to change prices in the price lists without prior notice.
6. The EAN code is indicated on the label of respective products.
7. In order to be valid, an order and the Seller's acceptance of the order for fulfilment require to be signed (in the case of a written form) or sent (in the case of e-mail) by a person or persons authorised to make declarations of intent on behalf of a specific person as regards the execution of a Sales Contracts, without having to affix a secure electronic signature to such a declaration of intent.
8. If the Ordering Party is a legal person or an organisational unit without legal personality, the Order is to furthermore specify a natural person representing the Ordering Party in all current issues resulting from and/or related to the execution or performance of the Sales Contract, in particular supplementing, limiting, extending, amending or otherwise modifying the Order, negotiating the prices of the goods and/or negotiating the terms and conditions of delivery, receiving the goods, filing complaints, signing documents, including the receipt and signature of VAT invoices. In this respect, in the absence of any written reservations to the contrary in the contents of the Order, the person indicated in the Order is presumed to be authorised to act for and on behalf of the Buyer in any category of matters arising out of or related to the execution or performance of the Sales Contract.
9. The Seller assumes that all persons corresponding with it via e-mail containing the Buyer's mail domain or other forms of communication identifying the Buyer are the Buyer's employees authorised to place Orders, unless the Buyer provides the Seller with a list of employees authorised to place Orders.
10. The Seller has the right to make the fulfilment of the Order conditional upon the prior payment of part or all of the price due for the Order by the Buyer.
11. The Seller processes Orders from a net value of PLN 500.
12. It is a condition for the fulfilment of the Order that an Order containing the following elements is submitted by formal means:
a) Buyer's full details required for the proper issuing of sales documents, i.e. the name of the Buyer together with the exact address, VAT ID and REGON number;
b) Type of Goods, their size, index according to the Seller's catalogue markings, quantity according to the Seller's method of packaging the Goods;
c) The exact address and date of delivery or specification of the date for own collection from the Seller's premises;
d) The name and surname of the person authorised by the Buyer to receive the Goods and, in the case of a courier consignment, the telephone number of the person authorised to receive the consignment from the courier, to enable the courier to contact the consignee. If the Buyer has not indicated persons authorised to sign on behalf of the Buyer the document of receipt of the consignment/delivery, it is deemed that any adult person, residing at the delivery address indicated by the Buyer who signs the said document during the handover of the ordered Goods is to be deemed to be the Buyer's representative;
e) A statement of awareness of the data protection policy, the content of which can be found on the website: https://hamar.com.pl/en/legal-information/privacy-policy
f) If the Buyer has privileged business status, they are obliged to make a formal declaration prior to purchase that they will use the purchased products for his business purposes. The content of the statement can be found at https://hamar.com.pl/en/ under the legal information tab.
13. It is advisable to seek technical advice from the Seller before placing an order.
14. The placement of an Order does not bind the Seller, and the absence of a reply from the Seller does not imply tacit acceptance of the Order. The Seller's acceptance of the order for processing is preceded by its acceptance and formal Confirmation.
15. Upon receipt of an order, the Seller sends a formal Order Confirmation to the Buyer by e-mail or other electronic information exchange systems.
16. The Seller is not liable for the non-conformity of the Goods with the Order if the Ordering Party, at the latest at the time of placing the Order, has been expressly informed that a specific characteristic of the Goods deviates from the requirements for conformity with the Order and has expressly and separately accepted the lack of a specific characteristic of the Goods.
17. The final decision on the date and terms and conditions of delivery/collection of the Goods is to be made by the Seller in the Confirmation, unless the Seller fully accepts the Buyer's proposal in this respect.
18. The Seller may withhold the sale if in doubt as regards the accuracy of the Buyer's data.
19. If the Parties agree otherwise, the price of the Goods is to be the price resulting from the Order Confirmation.
20. The prices quoted by the Seller are always net prices to which value added tax will be added at the rates applicable on the day of invoicing.
§ 4
Orders with own collection
1. On all Business Days from 8:00 am. to 4:00 pm., it is possible to purchase, pay at the cash desk and collect the goods from the warehouse through the Customer Service Office at the Seller's registered office at ul. Hutnicza 7 in Gdynia.
2. The Buyer has the right to collect and transport the ordered products themselves or through a third party at their own expense. Upon delivery of the ordered Goods to the Buyer, or to a third party appointed by the Buyer for their transport, the responsibility for damage to or loss of the Goods shall pass to the Buyer.
§ 5
Principles of fast order processing
1. Orders placed by 9:00 am may only be fulfilled on the same day upon confirmation by a sales representative. Orders placed after 9 am will be processed on the next Business Day.
2. The processing of the Order is to commence upon payment at the cashier's office of the amount due, payment and crediting of the transfer to the Seller's bank account or submission of the relevant payment confirmation.
§ 6
Deadlines and order execution
1. Deliveries to the address indicated by the Buyer are take to place in accordance with the INCOTERMS rules currently accepted by the Parties.
2. The Seller is not responsible for any delay in delivery caused by the carrier.
3. The fulfilment of the delivery or the release of the ordered Goods upon self-collection in accordance with the order constitutes the confirmation of the fulfilment of the Contract by the Seller.
4. The Buyer is obliged to provide, at the place and time of delivery, a person authorised to accept the ordered goods on their behalf. The refusal to accept the goods or the absence of an authorised person is equivalent to the Buyer's being obliged to bear the transport costs of the unclaimed consignment.
5. Upon delivery, the Buyer is obliged to check in the presence of the carrier the conformity of the consignment with the Order. If the consignment is found to be damaged, the Buyer is obliged to draw up a damage report with the participation of a representative of the carrier. The drawing up of a report of discrepancies is a condition for lodging a complaint related to defects found upon receipt of the Goods.
6. In the event of quantity shortages in the delivery, the Buyer is entitled to lodge a complaint at This email address is being protected from spambots. You need JavaScript enabled to view it. within three (3) Business Days of receipt of the Goods. After the expiry of the aforementioned deadline, the complaint will not be processed.
7. In the event that any defects in the Goods, other than quantity shortages or defects visible on the day of receipt of the products, are discovered after the acceptance of the delivery or own acceptance, the Buyer is entitled, within seven (7) Business Days from the date of receipt of the goods, to lodge a complaint with the Seller as regards quality defects in the goods. After the expiry of the aforementioned deadline, the complaint will not be processed.
In the case of situations described in Section 6(6)-(7), the Buyer is obliged to submit a complaint by e-mail to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.
8. A complaint notification related to identified quality defects should contain the following elements:
a). accurate data enabling the identification of the Order based on which the Goods complained of were delivered.
b). exact date of receipt of the Goods complained of
c). stating the reason for the complaint
d). send samples of the Goods supplied which are the subject of the complaint
e). photographic documentation substantiating the reported defects to be attached to the complaint, including photographs of the label with the batch number of the Goods complained of.
9. The Seller is obliged to consider a complaint from the Buyer containing all the information according to Section 8, within fourteen (14) Business Days from the date of its receipt by the Seller and to notify the Purchaser of the result of processing the complaint. This period is to be extended by the time necessary for the Seller to obtain samples of the Goods claimed from the Buyer. The Seller reserves the right to extend the time limit for processing a complaint if it needs to be verified by independent research centres, and the Buyer who has made a complaint will be notified of any such situation via e-mail. Failure to notify the Buyer of the outcome of the complaint within fourteen (14) Business Days of receipt of the complaint means that the validity of the complaint is denied.
10. The shipment of the Goods under complaint by the Buyer to the Seller's address without the prior formal notification of the complaint and agreeing with the Seller the method and date of shipment of the Goods under complaint, entitles the Seller to refuse to accept the shipment of the Goods and to charge the Buyer with the costs of return shipment.
11. The Seller is not liable in any manner whatsoever for product claims made by third parties, including in particular entities on behalf of which the Buyer has made a purchase of the products, or to whom they have resold the products purchased from the Seller.
12. If the Buyer discovers a qualitative or quantitative defect in the goods, the Buyer is obliged to keep the goods intact, in particular to refrain from assembling the defective goods until the Seller has considered the claim, under pain of losing the right to any claims against the Seller.
13. After the expiry of the time limits set out in this paragraph, all claims of the Buyer for any defects in quantity and quality of the Goods lapse.
14. The lodging of a complaint does not release the Buyer from the obligation to make payment for the Goods by the agreed date resulting from the VAT invoices issued.
15. If the Buyer delays the collection of the goods for more than seven (7) days from the agreed collection date, the Seller will charge the Buyer with the costs of storage in the amount of PLN 50 net for each day of storage commenced.
16. Goods purchased from the Seller must be stored in covered, dry and ventilated premises. Goods must be protected from direct sunlight. For chemical anchors, the storage temperature must be observed.
17. Goods delivered in accordance with the Order placed by the Buyer are, in principle, non-returnable, unless the Seller consents to the Goods being returned.
18. The Seller's consent to return applies only to Goods in their original and undamaged packaging, in resaleable condition.
19. Costs of the agreed return to the Seller's warehouse are to be borne by the Buyer.
§ 7
Payment principles
1. Ownership of the goods sold is to pass to the Buyer upon the payment of the total price to the Seller.
2. By payment of the price, the Parties mean:
a) credit of the Seller's bank account indicated on the invoice;
b) payment at the Seller's counter;
c) payment to the courier delivering the consignment on delivery.
3. The date and form of payment are agreed individually for each Buyer.
4. In the event of a delay in the payment of the price, the Seller is entitled to charge statutory interest at the maximum rate without the need to make repeated calls for payment, even if the Seller has not suffered any damage and even if the delay is due to circumstances for which the Buyer is not responsible.
5. If the Buyer does not make payment to the Seller or does not perform other due obligations towards the Seller, the Seller is entitled to suspend the execution of the delivery and make the execution of the remaining deliveries conditional upon the Buyer making payment in advance or upon the presentation of payment securities in writing accepted by the Seller under the pain of nullity. Withholding of deliveries by the Seller for the reasons mentioned above does not have the effect of a delay or default.
§ 8
Independent external factors
1. In the event that the Seller is incapable of fulfilling the Contract due to circumstances beyond its control and as a result of Force Majeure, it is entitled to withdraw from the Contract in whole or in part.
2. If the Seller withdraws from the Contract for the reasons mentioned above, the Buyer is not entitled to any claims (contractual, tort) on this account.
3. The occurrence of Force Majeure does not release the Buyer from their obligation to pay in accordance with the Contract.
4. After the cessation of such Force Majeure, the Seller, to the extent reasonable, deliver to the Buyer the Goods not yet delivered as a result of the Force Majeure, unless the Parties have agreed otherwise.
§ 9
Enforcement, bankruptcy, composition of the Buyer
1. As soon as enforcement, bankruptcy or composition proceedings have been initiated against the Buyer, the Buyer is obliged to mark the Goods in such a manner as to indicate the existence of a reservation of ownership to the Seller.
2. In the event of seizure of Goods being the Seller's property in the course of bankruptcy or composition proceedings directed against the Buyer's assets, the Buyer is obliged to immediately notify the Seller of this fact and cooperate in the implementation of its rights against the entity seizing the Goods within all available legal means. At the Seller's request, the Buyer is obliged to provide immediately all information about where the Goods subject to retention of title are stored.
§ 10
Warranty for defects
The Seller's liability under warranty for physical and legal defects in the Goods is excluded.
§ 11
Liability
1. The Seller is not liable for any damage caused by the improper selection of the Goods, their improper use or use contrary to their intended purpose or instructions for operation and maintenance, as well as any damage whose occurrence or extent has been affected by the condition and properties of the infrastructure as part of which the Goods are to be used, including in particular those elements with which the Goods are to be connected.
2. Any liability of the Seller towards the Buyer, regardless of the legal basis for such liability, including liability on account of the non-performance or undue performance of the Contract is to be limited to circumstances for which the Seller is at fault, and the amount of damages due to the Purchaser is to be limited to the Buyer's actual loss (with liability for lost profits excluded), but may not exceed the net value of the Contract. The Seller is not liable for any indirect damage, lost profits or lost profits that may result from the non-performance or improper performance of the Contract.
3. The Seller is not liable for products which have been processed, modified or incorrectly assembled by the Buyer or third parties.
4. The Buyer is responsible for the applicability and consequences of the use of the Goods supplied by the Seller in the specific construction solutions of the Buyer, even if the Seller was involved as an advisor in the preparation of the final selection of the Goods for the Buyer.
§ 12
Personal data
The Seller is the controller of the personal data of the Buyer and persons acting on behalf of the Buyer processed in relation to the placement of the Order and performance of the Sales Contract. Detailed information on personal data processing can be found in the Seller's privacy policy, available at:
hamar.com.pl/en/legal-information/privacy-policy
§ 13
Trade secret
The terms and conditions offered to the Buyer and the prices of the Goods are the Seller's trade secret. The Buyer may not, without the Seller's consent, expressed in writing under the pain of invalidity, transfer the knowledge and information obtained as a result of business contacts with the Seller to third parties.
§ 14
Final provisions
1. The law applicable to the settlement of disputes between the Buyer and the Seller is Polish law.
2. The Parties undertake to resolve amicably all disputes arising from the performance of the Contract covered by these terms and conditions, respecting the other Party's legitimate interests.
3. In the absence of an amicable solution to a dispute, any disputes related to and arising from the Contracts covered by these terms and conditions are to be settled by the Court of Common Pleas having jurisdiction over the Seller's registered office.
4. The invalidity or invalidity of selected provisions hereof does not affect the validity or effectiveness of the remaining ones.
5. In cases not regulated herein or the Sales Contract, the provisions of the Polish Civil Code apply accordingly.
6. These GTCs apply to Orders placed from 01.01.2023 onwards.
