ART. 1. GENERAL PROVISIONS
§ 1. These General Terms and Conditions (GTC) are established on the basis of Article 384 et seq. of the Code Act
civil – uniform text: OJ U. 2014 pos. 121 – (C.C.).
§ 2. GTCs apply to contracts for the sale of goods and/or services concluded by OVO-TECH Sp. z o.o., NIP: 6642147452 (Seller) with counterparties (Buyer) containing
these contracts for purposes directly related to their business activity.
§ 3. Before placing an order, the Buyer should provide the Seller with a certificate of granting
NIP and REGON number, and notify you of any changes.
§ 4. The sale of goods and/or services does not take place for the benefit of natural persons – consumers within the meaning of K.c., in
Therefore, the GTC does not apply to consumers.
§ 5. OWH are available on the website www.egg-breakers.com and at the request of the Buyer may be
sent to his address in electronic or paper form.
§ 6. It is assumed that the signing of the contract or placing an order by the Buyer and accepting the delivered one
goods and/or services means acceptance and acceptance of the GTC without reservation.
§ 7. In the event that the Buyer remains in permanent commercial relations with the Seller and the GTC have been
adopted by the Buyer in the manner indicated in art. 1 § 6 The GTC is assumed that they will be applied within the
the entire time of the parties remaining in permanent trade relations.
§ 8. Goods that are the subject of sale are intended for processes related to egg processing.
Detailed purpose, description of the functionality and method of use of the goods can be found in the relevant description
attached to the purchased goods or available on the Seller’s website www.egg-breakers.com.
§ 9. The Buyer is obliged to verify the suitability of the ordered goods and/or services for the intended
by themselves the applications.
§ 10. The word-graphic mark “Ovo Tech” is a registered trademark of the Seller, and the Buyer
is authorized to use this mark in a lawful manner. In particular, the Buyer is not
authorized to modify, remove and obstruct this trademark placed on the goods
purchased from the Seller.
ART. 2. CONCLUSION OF THE CONTRACT
§ 1. All commercial information of an advertising and marketing nature regardless of their form does not
are offers within the meaning of the provisions of K.c.
§ 2. The conclusion of the agreement is made by signing a jointly negotiated text by both parties
contract or by means of submitting, accepting and agreeing on the offer referred to in Article. 2 § 4 – § 9 OWH.
§ 3. Agreement concluded by signing by both parties the jointly negotiated text of the agreement
is valid from the date of signing the contract or from another date indicated in this agreement by the parties
§ 4. The conclusion of the contract by submitting, accepting and agreeing on an offer requires that the Buyer submit each time
To the Seller in writing – by fax or e-mail order specifying the price, type and quantity
the goods ordered and/or the type and scope of services and the date of their delivery and/or performance. It is assumed that
the order is placed and signed by a person authorized to place orders on behalf of the Buyer.
§ 5. For its validity, each order must be immediately, not longer than within 5 working days
confirmed by a person will authorize the Seller to represent, in writing – by fax or post
electronic with confirmation of acceptance of all the conditions indicated in the order, in particular
the date of delivery of the goods and/or the performance of the service and the price.
§ 6. The Buyer, without the consent of the Seller, cannot cancel or change the correctly confirmed
orders.
§ 7. Any changes to the terms of the order for their validity require the procedure indicated in
§ 4 and § 5.
§ 8. The conclusion of the contract takes place at the moment of sending the order confirmation by the Seller except
the situation described in § 7.
§ 9. In the case indicated in Article 6 § 4, the conclusion of the contract shall be concluded upon receipt by
The seller of the order confirmation containing the current price of the ordered goods and/or services.
§ 10. The Seller is not responsible for the consequences of errors made in the content of the placed order
by the Buyer.
§ 11. The Buyer may not assign the rights under the concluded rights without the written consent of the Seller
contracts for the sale of goods and/or services to third parties.
ART. 3. DEADLINES FOR ORDER REALIZATION
§ 1. The deadline for the execution of the order begins its run from the date of receipt of payment by the Seller or
confirmation of transfer of money and is up to 7 working days in Poland and up to 14 days in other areas
States
§ 2. Delivery and/or delivery dates and other terms and conditions of sale are subject to change, also after
placing an order by the Buyer of goods and/or services, in particular as a result of force majeure and other
circumstances independent of the Seller, and as a result of a change in the market situation and current conditions
commercial related, among other things, to the Seller’s relations with entities cooperating in
the scope of performance of contracts by the Seller. About the change in the delivery date and/or execution of the order and
other terms of sale the Buyer will be immediately informed.
ART. 4. DELIVERY, RECEIPT OF GOODS AND/OR SERVICES, COMPLAINTS
§ 1. The collection of the goods may take place in the Seller’s warehouse, at the expense and risk of the Buyer.
§ 2. In the event that the carriage of the ordered goods is organized by the Buyer, the carrier chosen by him
must be submitted to and accepted by the Seller before shipment. Cost of carriage
Covering the Buyer.
§ 3. It is assumed that the delivery of the goods is made at the moment of transferring it to the Buyer or the carrier
by him indicated.
§ 4. It is assumed that this service is performed when the Buyer signs the document to it
handover.
§ 5. The Buyer is obliged to collect the ordered goods and/or service. Failure to collect goods and/or services does not
releases the Buyer from the obligation to pay the entire price.
§ 6. At the time of receipt of the shipment organized by the Seller, the Buyer is obliged in the presence of
courier to carefully check the condition of the outer packaging. In the case of finding by
The buyer of external damage to the shipment or reservations as to the quantity of goods or contents delivered
shipments, the Buyer should draw up a damage report in the presence of the courier, taking into account the description and photos
shipments. Of the two identical copies signed by the courier, one should be sent to the Seller
The other stays with the buyer. In this case, the goods return to the Seller in order to initiate the procedure
Complaint with the carrier.
§ 7. The Buyer may submit a quantitative complaint to the Seller within 3 days from the date of receipt of the goods. In
the case of its consideration, the Seller will supplement the quantity of the goods as soon as possible, at its own
cost.
§ 8. In the case of delivery of the device in person by a representative of Ovo-Tech full liability
The Seller shall bear for the delivery.
ART. 5. RISK TRANSITION AND PROPERTY RIGHTS RESERVATION
§ 1. The risk of loss or damage to the goods passes to the Buyer at the moment of transfer of the goods
to the carrier, at the latest, however, when the goods leave the Seller’s warehouse.
§ 2. The Goods remain the property of the Seller until the full payment of the price resulting from the issued
by the Seller of the invoice for the sale of this goods.
§ 3. The buyer is obliged to properly handle the goods
§ 4. If it is necessary to carry out maintenance or inspections, the Buyer is obliged to
timely carrying out these works at their own expense.
§ 5. The Buyer may not charge the goods with any rights to third parties.
§ 6. The Buyer is obliged to immediately inform the Seller about the conduct against
The Buyer of enforcement proceedings during which the goods may be seized by the enforcement authority.
ART. 6. PRICE AND PAYMENT RULES
§ 1. The sale of goods and/or services takes place according to the prices applicable at the date of the order confirmation
covered by the Seller’s price list. In the event of failure to include the price list of the goods and/or services covered by the data
the sale is ordered for a price jointly agreed in writing.
§ 2. The prices indicated in the price list or agreed by the parties shall apply only for the implementation of the given
orders, unless the parties agree otherwise in writing.
§ 3. All prices fixed and made available by the Seller are the net prices applicable in
Seller’s Warehouse
§ 4. The Seller reserves the right to change the prices specified in the price list in the event of changes in exchange rates
and other factors that shape the price. In this case, the Buyer will be informed in the confirmation
orders about the current price of the ordered goods and/or services.
§ 5. The form of payment is a bank transfer to the Seller’s account indicated on the invoice. Trading costs
The bank is only borne by the Buyer.
§ 6. The deadlines and other payment terms agreed pursuant to Article shall apply. 2 OWH.
§ 7. The moment of payment of the price is the receipt of cash to the Seller’s account.
§ 8. In the event of a delay in the payment of the price, the Seller has the right to charge statutory interest and withhold
delivery of goods and/or provision of services until the entire price is settled plus the interest due
statutory calculated for the period of delay in payment.
§ 9. The possibility for the Buyer to make deductions of claims with receivables is excluded
resulting from contracts concluded with the Seller.
ART. 7. GUARANTEE
§ 1. The material specifications, approvals or test results cited in the commercial documents do not constitute
ensuring the quality of the goods and/or services. This also applies to publications or public
statements of the Seller relating to the quality of the goods.
§ 2. The Seller undertakes under the warranty to free repairs of physical defects and damage
goods caused by the fault of the Seller reported in writing within 14 working days from the date of delivery
their Sellers.
§ 3. The warranty is valid for a period of 12 months from the date of receipt by the Buyer of the goods, unless the conditions
The guarantees attached to the goods provide otherwise.
§ 4. Claims from the guarantee granted may be made only after the presentation to the Seller
the correct serial number of the machine along with proof of purchase of the goods. Method of implementation of claims
the warranty is determined by the Seller.
§ 5. Before shipping the goods covered by the warranty claims to the Seller, the Buyer is obliged to
to contact the Seller to verify damage by technical consultants, or
determining the method of delivery of the goods to the Seller .
§ 6. The Buyer submits warranty claims by contacting the Seller’s website
§ 7. The Seller shall, within 7 days from the date of receipt of the validation of the warranty claim, notify
The Buyer on the method of resolving this claim, and on the date of repair of the goods.
§ 8. The Seller may evade the deadline for the implementation of warranty claims if they exist
disruption of its business due to import/export restrictions and/or other regulations
legal or other unpredictable circumstances.
§ 9. The guarantee is not covered by:
a.) damage and malfunctions caused not by the fault of the Seller, and caused in particular
by: atmospheric discharge, fluid flooding, mechanical strokes, abnormal voltage
power supplies or other external factors;
(b) defects resulting from improper transport, storage and use, in particular
use of the goods inappropriately intended for it;
c.) wear and tear resulting from the normal use of the goods.
d.) elements of machines made of plexiglass
§ 10. The guarantee expires in the event of a breach of its conditions, in particular when:
a.) the proof of purchase of the goods will be incompatible with each other or it is impossible to read the products contained therein
data or when their content has been altered in any way;
b.) persons other than the Seller have intervened in the goods, in particular made modifications, changes,
repairs;
§ 11. The Seller’s liability for the warranty is limited to the period indicated above
the warranty and is limited to the value of the goods determined at the suggested retail price
by the Seller from the date of purchase and does not include the right to demand the return of lost benefits in the relationship
with defects in the device, in particular does not include compensation for the loss of time, for a temporary inability to
use of the goods, inconvenience and related to the occurrence of warranty claims, inconvenience
or costs. The seller is not liable for damage caused by damaged or defective goods.
§ 12. After the warranty period, all repairs made by the Seller are paid repairs.
The cost of delivering the goods for repair is covered by the Buyer. If necessary, a service technician’s visit
a net fee of 1zl per km of distance and 100 zl net/h for work at the customer will be charged.
ART. 8. LIMITATION OF LIABILITY
§ 1. Any liability of the Seller to the Buyer and third parties is excluded in
the largest range permitted by applicable law.
§ 2. The tort and contractual liability of the Seller to the Buyer and third parties shall be
excluded, subject to the mandatory provisions of the Civil Code.
§ 3. The Seller’s liability to the Buyer and third parties for possible damages that could
to be intentionally caused is limited to the unit price of the goods which caused the damage –
visible on the Seller’s invoice. This liability also does not include the right to demand
reimbursement of lost benefits or liability for indirect damages.
§ 4. The Seller is not responsible in particular for damages caused by inappropriate or unprofessional
operation, incorrect assembly or commissioning by the Buyer or third parties, normal
wear, improper or negligent use, and in particular for non-professional consequences
alterations, undertaken without the consent of the Seller or repair work carried out by the Buyer or
third parties.
§ 5. The Seller is not responsible for the functional deficiencies of the goods resulting from poor selection
devices or from improper design of the system, installation by the Buyer, which before making
purchase should carefully familiarize and verify whether the functionalities offered by the Seller’s goods
They meet his needs.
§ 6. The Seller is not responsible for the claims of third parties arising in connection with the use of
by the Buyer from the goods, or for the use of the goods by unauthorized third parties, to the detriment of
The Buyer.
§ 7. The Seller assumes no liability for the Buyer’s obligations towards third parties.
§ 8. In the event of a third party taking legal action against the Seller
with a claim relating to damages suffered by that person, in connection with the goods and/or services, then
The Buyer undertakes to proceed with the Court proceedings on the part of the Seller, if the provisions
this rights allow and support the Seller in the course of such proceedings and pay any amounts
related to this proceeding, including damages, court costs and costs of legal representation, etc.
§ 9. The Seller is not responsible for the Buyer’s failure to obtain the obligation to obtain
any required legal permits.
ART. 9. RETURN OF THE GOODS
§ 1. It is permissible to return the purchased goods on the terms set out below within 3 days from the date
reception.
§ 2. Only the goods may be returned:
a.) in the original state, i.e. the goods intact to the state in which it was issued from the warehouse
the Seller;
(b.) in a condition enabling restoration to the Original State, with any costs associated with
the restoration to the Original State is covered by the Buyer.
§ 3. Submission of the goods for return together with the reason for the return must be made by post
electronic to service@egg-breakers.com. The basis for the commencement of the procedure for returning the goods is the original
proof of purchase – VAT invoice, and its delivery to the Seller requires his prior consent
in electronic form.
§ 4. The costs of the procedure for returning the goods shall be borne by the Buyer excluding the receipt of defective goods.
§ 5. The Seller reserves the right to refuse to accept the return of the goods in a situation where:
a.) it is not possible to restore the goods to the Original State;
b.) the goods have been withdrawn from the Seller’s offer (the applicable product offer is a price list
Seller posted on www.egg-breakres.com).
c.) the goods have been produced in a special version not subject to standard rotation of the goods.
§ 6. The final decision regarding the acceptance or refusal of return of the goods is made by the Seller.
§ 7. If the return of the goods is not due to the fault of the Seller, the costs associated with the transport of the goods to the warehouse
The Seller at the address of his registered office shall be borne by the Buyer.
§ 8. Goods sent, without completing the requirements referred to in §2 and §3 of this article, will not be
accepted to the Seller’s warehouse and will be returned to the Buyer at his expense.
§ 9. In the case of consent to the return of the goods, it will be settled with a corrective invoice. In case of issuance
invoices for the restoration of the goods to the Original State, the refunded amount of the Buyer will be reduced by
the value of these costs.
§ 10. In the case of returning the goods before making a payment for a periodic invoice, the Buyer shall bear the costs
transport of goods to the Seller’s warehouse and an additional fee for use is charged
equipment in the amount of 500 pln net for each day counting from the date of receipt of the device to the date of return to the
the Seller’s Warehouse
ART. 10. CORRESPONDENCE – ADDRESS
§ 1. The parties undertake to notify each other of the change of address. In the case of
failure to notify the other party of the change of address, correspondence delivered to the previously indicated
the address shall be deemed to be served and having all the legal effects contained therein.
§ 2. All correspondence between the Seller and the Buyer taking place by post
electronic is considered to have legal effects provided that the message will contain
the following elements: the sender’s e-mail address, the date and time of sending the message, the sender’s name and surname.
Anonymous messages will be considered invalid.
ART. 11. CONFIDENTIALITY CLAUSE / TRADE SECRET
§ 1. Without the consent of the Seller, the Buyer has no right to transfer to third parties any
information covered by trade secret and obtained as a result of commercial contacts.
§ 2. Any information and materials (Confidential Information) provided to the Buyer by the Seller,
and not available to the public should be treated as confidential, in particular this applies to data relating to
technical solutions, codes, documentation related to contacts used by the Seller
commercial parties, information about contractors, economic and legal situation of the Seller.
§ 3. The Buyer is obliged to prevent disclosure of confidential information by current and future
employees, co-workers, partners, as well as after the termination of the employment relationship (completion of cooperation with
Buyers).
§ 4. Notwithstanding the foregoing, the Buyer is obliged to immediately restore the condition
lawful, as well as to prevent further breaches of Confidential Information.
§ 5. The Buyer undertakes to:
a.) use of confidential information only in a manner consistent with the GTC;
b.) keep confidential any Confidential Information, not to disclose or transmit it to persons
the third;
c.) take all measures to ensure the security of confidential information.
§ 6. The confidentiality obligation shall not apply where:
a.) Confidential information is or has become publicly known otherwise than as a result of a breach of the GTC;
b.) The confidential information was previously known to the Buyer from other sources, which will be shown above
any doubt, both as to the time and source of the confidential information;
c.) the obligation to provide Confidential Information to third parties results from the applicable law.
The Buyer is obliged to immediately inform the Seller of receiving above
said request, unless the transmission of such Confidential Information is prohibited by law or
the decision of the entity requesting the disclosure of the Confidential Information. The above-mentioned notification should be
sent, if possible, before disclosure of the Confidential Information to the entity authorized to submit
such demand;
d.) The Buyer wishing to disclose Confidential Information must have the written consent of the Seller specifying
the scope and subject of the consent granted.
§ 7. The obligation to maintain confidentiality applies indefinitely. Execution or completion in another way
the legal relationship between the Parties does not terminate the obligations described in this paragraph.
ART. 12. FORCE MAJOR
The Seller shall not be liable for non-performance or improper performance of obligations arising out of
from a contract for the sale of goods and/or services, provided that the non-performance or improper performance of the obligations is
caused by circumstances over which the Seller had no influence, despite due diligence
(force majeure). The circumstances referred to in the above sentence shall be considered in particular: the actions of the forces
nature, disturbances of collective life, including strikes and riots, official activities, unrealized deliveries
cooperative from the Seller’s suppliers and other, unforeseeable, inevitable and serious in
Effects of the event. The occurrence of such events exempts the Seller from the obligation to meet obligations in
concluded contracts for the duration of the disruption and in terms of its impact. The Seller undertakes
inform the Buyer about the situation, if possible immediately and do everything in his
the power to fulfil obligations based on the principle of good faith, as far as the conditions permit it to do
the existing situation.
ART. 13. PERSONAL DATA
§ 1. The Buyer agrees to provide the Seller with their personal data and process them
only for purposes related to legal relations regulated by the GTC, in accordance with the Act of 29
August 1997 (unified text. Dz. U. from 2002 No. 101 item 926, as amended) on the protection of personal data.
§ 2. The Buyer has the right to access their personal data and the right to correct them. Application by
The buyer of personal data is voluntary.
§ 3. The Seller will not transfer the Buyer’s personal data to other entities. This data can be
made available to entities authorized to receive them under applicable law, and in
in particular of the judicial authorities.
§ 4. If the Buyer’s personal data comes not from the Buyer, he has the right to:
a) submitting a written, reasoned request to stop processing his personal data from
due to its possible special situation, in the case of the processing of personal data for the purpose of
the performance of the tasks carried out by law for the public good, or the fulfilment of
legally justified purposes pursued by the Seller;
b) object to the processing of his personal data for marketing purposes or to
transfer of personal data to another data controller – the Seller will not process
that personal data, for marketing purposes, or forwarded it to another data controller.
ART. 14. SALVATORY CLAUSE
§ 1 If any provision of the GTC is declared invalid, unlawful or becomes
unenforceable for any reason, the remaining provisions of the GTC will be fully binding and effective in such
way, as if the GTC were in force without such invalid, unlawful or unenforceable
decisions. Invalid provisions will be replaced by the relevant provisions of Polish civil law.
§ 2. If the extent of the declared invalidity or non-enforceability prevents the achievement of the objective,
The Seller and the Buyer undertake to immediately start negotiations in good faith in order to
replacement of an invalid or unenforceable provision by such valid and effective provision which
the intention for such a replaced provision will be most possible.
ART. 15. FINAL PROVISIONS
§ 1. The Parties determine that the GTC changes made by the Seller do not require an annex and that they cause
legal consequences from the moment of their publication on the website www.egg-breakers.com
§ 2. In other cases not regulated by the GTC, the provisions of Polish law shall apply, and in
in particular the Civil Code. Any disputes will be settled according to the wording of the GTC from the date of notification
claims.
§ 3. Possible disputes arising against the background of the GTC will be settled amicably, and in the event of disagreement
within 30 days, any disputes will be settled by the Polish Court, competent in fact and locally for
the Seller’s headquarters.
§ 4 The applicable language in communication between the Parties is Polish. Where the Buyer does not
is able to communicate in Polish the websites allow as the applicable language – English.
§ 5. These GTC are drawn up in Polish and English. In the event of any discrepancies between
version in Polish and English, the version in Polish is a binding version.