THE GENERAL TERMS AND CONDITIONS OF SUPPLY CONTRACTS OR CONTRACTS FOR CONSTRUCTION WORKS OR OTHER SERVICES PERFORMED BY PRZEDSIĘBIORSTWO HANDLOWO-USŁUGOWE ZIBI
ZBIGNIEW PANEK WITH ITS REGISTERED OFFICE AT 34-300 BIELSKO BIAŁA,
UL. PIEKARSKA 130, TAX IDENTIFICATION NUMBER (NIP) PL5471077051

Article 1

These general terms and conditions shall apply to all works performed by P.H.U. ZIBI Zbigniew Panek, whether they are construction works or specific task contracts or contracts of mandate, or supply contracts, unless the parties enter into a separate agreement specifying in writing the rules of works performance.

Article 2

Should the parties enter into a contract for performance of works by P.H.U. ZIBI Zbigniew Panek, whether by mail or directly, unless other conditions of works performance different from these general terms and conditions are agreed, these general terms and conditions shall apply.
The ordering party shall be notified of the content of the general terms and conditions of contracts, as the information of their existence is included in every e-mail or written letter exchanged by the parties and the content of the general terms and conditions of contracts is published on the website of P.H.U. ZIBI Zbigniew Panek.

Article 3

A detailed description of the object of an order shall be the Technical Documentation, Technical Specification as well as correspondence between the parties. The ordering party shall ensure supervision of the works performed by a person with appropriate qualifications, authorizations and powers on the part of the ordering party. Should it be necessary to perform additional works, the ordering party will submit an order in writing, specifying the scope of works, and PHU ZIBI shall confirm the possibility of performing such additional works, subject to the provision that they will be performed on the same conditions as the works which are the object of this Agreement. PHU ZIBI may commission performance of the works in question to another subcontractor with the written consent of the ordering party.

Article 4

The works performed by P.H.U. ZIBI Zbigniew Panek shall be settled in one of the following ways:
a/ Based on the time worked as recorded in the list of attendance at the site where the works are performed, signed by each of the employees performing the work and confirmed each day by the ordering party’s representative, and the ordering party undertakes to appoint a representative who will be available every day at the site and authorized to make declarations of will on behalf of the ordering party.
b/ Based on a flat fee, i.e. total price for all works which have to be performed, in such a case the acceptance takes place after the works are completed or partially if the Parties provide for such an option, and should it be necessary to perform additional works, the amount due for all works shall raise the earlier agreed price if the Parties had not foreseen and could not foresee the need to perform such works.
c/The settlement based on the completed works cost list; in such a case P.H.U. ZIBI Zbigniew Panek shall, immediately upon signing the acceptance protocol, present the completed works cost list according to the rates agreed before commencement of works by the parties.

Article 5

In consideration for completed works, the contractor shall receive remuneration in the amount agreed in the order, payable to the following contractor’s bank account ……………………. within 14 days of receiving the invoice from P.H.U. ZIBI. In the event of a delay in payment, the Contractor shall be entitled to charge a statutory default interest.

Article 6

The entire correspondence from PHU ZIBI shall be sent to the address specified herein. The ordering party shall guarantee collection of the correspondence at this address. In the event of failure to collect the correspondence, it shall be considered as delivered.

Article 7

In the event of any defects in the performed work which must be discovered in the course of the works performance before signing the list of performed works or signing the acceptance protocol and confirmed by a signature of a person authorized to act on behalf of the ordering party, P.H.U. ZIBI shall immediately remove the defects, not later, however, than within 7 days or in other time agreed by the parties should it be impossible to remove them within 7 days.

Article 8

The Parties allow for the possibility of issuing partial invoices. In the event of a failure to pay any of the partial invoices or existence of a real risk of the ordering party’s insolvency, P.H.U. ZIBI may immediately cease the works, subject to prior written notification of the ordering party thereof and issuing an invoice for works performed until that time, and the ordering party shall be obliged to immediately pay for the works performed so far. In such a case the ordering party shall be obliged to pay damages in the amount of costs incurred by the Contractor for performance of the whole envisaged order. This shall not preclude PHU ZIBI from claiming compensation covering the whole damage and lost profit.

Article 9

In the absence of other arrangements, P.H.U. ZIBI Zbigniew Panek shall grant a warranty for the completed works for the period of 12 months from the works acceptance date.

Article 10

The parties shall present extracts from the registers concerning the business activities operated by them, i.e. from the commercial register or from the business register concerning business activities operated by the parties and declare that all data included in the register are true and none of the companies which are the parties to this Agreement faces the risk of insolvency.

Article 11

The Parties agree that the governing law for resolving any disputes arising between the parties shall be the law of the Republic of Poland, and the court competent for resolving such a dispute shall be a court competent for PHU ZIBI. If the ordering party is not the main contractor and works investor, it undertakes to notify the investor or the main contractor of the fact of entering into this Agreement. The person authorized to conduct correspondence on the part of PHU ZIBI shall be the person specified by the company in an e-mail.

Article 12

To all matters regarding performance of the object of the Agreement not settled herein, relevant provisions of universally applicable laws shall apply.