Terms and Conditions

MSM technic Terms and Conditions of Sale for Business Customers.

The MSM technic Terms and Conditions of Sale set out the mutual obligations of the parties to sales contracts, the rules for placing orders and the delivery of products offered by MSM technic. The Terms and Conditions are published on the website. A printed version is available at the MSM technic branch. These Terms and Conditions do not apply to consumers.

Whenever these terms and conditions (the Terms and Conditions) use the term:

‘MSM technic’ – this refers to the business owner Paulina Joanna Szprejda, trading as MSM technic Paulina Szprejda, ul. Polna 15, 62-090 Kiekrz, NIP 7792305568, REGON 301148830;
“MSM technic Branch” – this refers to the local unit of “MSM technic” named Paulina Szprejda “MSM technic”, with its registered office in Kiekrz, ul. Polna 15, 62-090 Rokietnica, REGON 30114883000027;
“Customer” – this refers to a person placing an order for a product with MSM technic;
‘Offer’ – a written offer addressed to the Customer containing a description of the product, the price and the order fulfilment time, as well as information on the need to familiarise oneself with the Terms and Conditions and the place of their publication;
“Product” – a product or products offered by MSM technic;
“Parties” – MSM technic and the Customer collectively;

General Information

Within the scope of its business operations, MSM technic is professionally engaged in sales under PKD code 4532Z – retail sale of parts and accessories for motor vehicles, excluding motorcycles; in particular, MSM technic offers new and reconditioned gearboxes for sale.
Information and photographs of Products in MSM technic’s materials, price lists and brochures are for information purposes only and do not constitute a commercial offer within the meaning of Article 66 of the Civil Code. Products and prices quoted may differ from the actual situation, for which MSM technic apologises to its customers.

Terms and Conditions of Sale

The product remains the property of MSM Technic until the full purchase price has been paid – sale subject to retention of title.
The sale of a reconditioned gearbox is conditional upon the delivery of the old gearbox; the seller reserves the right to charge a contractual penalty should this condition not be met.
The contractual penalty for failure to supply the old gearbox is PLN 2,500; should the loss exceed the amount of the contractual penalty, the seller may claim the full amount of the loss from the buyer.
Delivery of the old gearbox is at the buyer’s expense, unless the parties agree otherwise.

Terms and Conditions of Ordering and Delivery

To process the order, it is essential to provide accurate customer details on the order form (full company name, registered office address, tax identification number (NIP), personal identification number (PESEL) for individuals or National Court Register number (KRS) for legal entities, telephone number, email address) and the quotation number on which the order is based. MSM technic may also request a copy (scan) of an extract from the National Court Register (KRS) – in the case of commercial companies – or a certificate of entry in the business register and a copy of an identity card— in the case of natural persons carrying on a business — and for the order to be signed by the person(s) authorised to represent the company (in the case of commercial companies), or by the person carrying on the business — in the case of sole traders. If the order is placed by other persons authorised to place an order on behalf of the business owner (an authorised person), a copy of the relevant power of attorney must also be attached. Where an order is placed on behalf of the business by an authorised person without attaching a power of attorney, that person will be regarded by MSM technic as a duly authorised representative of the business.
In the event of suspicion that the Customer has provided false or incomplete information, or has dishonest intentions, as well as in the event of failure to provide, upon request, the documents referred to in point 1, MSM technic reserves the right to refuse to fulfil the order.
The order processing time is, as a rule, up to 24 hours, calculated from the hour following the placement of the order. However, the processing time depends on the availability of the product at the MSM technic branch or from the manufacturer. The order fulfilment time is specified in each quotation; however, MSM technic reserves the right to delay fulfilment due to delays in the delivery of the product from the manufacturer, to which the Customer agrees.
The Customer is obliged to collect the ordered products themselves and at their own expense. If the offer also includes delivery arranged by MSM technic, this will be carried out in accordance with the terms set out in points 10–11 below, via a courier (freight forwarding) company. The company providing the delivery services is independent of MSM technic, and its delivery services are subject to the carrier’s terms and conditions. MSM technic shall not be liable for any irregularities relating to the operation of the courier company or any extension of the delivery time beyond that specified in the offer.
MSM technic accepts no liability for non-delivery of products or delays in delivery caused by an incorrect or inaccurate address provided by the Customer, the Customer’s failure to collect the goods, a delay in the delivery of the product from the manufacturer, or other obstacles beyond MSM technic’s control.
If a product is out of stock at an MSM technic branch, the Customer will be informed of this fact and of the resulting extension to the order fulfilment time.
If the Customer is in arrears with payment for previous orders, MSM technic may refuse to fulfil subsequent orders or refuse to release goods brought into stock at the Customer’s request, until the full amount owed has been paid.
A VAT invoice is issued for each order. All prices are quoted net in Polish zlotys or in a foreign currency and will be subject to the applicable VAT.
Delivery of the product takes place in the manner chosen by the Customer and specified in the quotation and order.
Within Poznań and the surrounding area (up to 50 km from the MSM technic branch), deliveries are made at MSM technic’s expense, provided the minimum order value is met. The minimum order value within Poznań is 2,000 PLN net after discount, whilst outside Poznań, but no further than 50 km from the MSM technic branch, it is 4,000 PLN net after discount. The minimum order value is defined as the value of goods delivered to a single project address and does not apply to deliveries of: promotional products and special offers, where it is explicitly stated that prices do not include transport.
Upon request, MSM technic may arrange transport via a freight forwarder in cases other than those specified in clause 14, acting on behalf of and for the benefit of the Customer. The terms of delivery – i.e. the freight forwarder, cost and delivery time – will be agreed with the Customer, and transport costs will be added to the sales invoice issued to the Customer. All risks associated with the product pass to the Customer upon dispatch of the product from the MSM technic warehouse, and MSM technic shall not be liable for the actions of the freight forwarder.
The contract, the terms of which are set out in the Terms and Conditions and the quotation, is concluded upon the Customer placing an order on the basis of a quotation issued by MSM technic. Once an order has been placed, the Customer has no right to withdraw from or terminate the contract. The contract may only be terminated by mutual agreement between the Customer and MSM technic.

Payment

Payment for the product may be made in cash at the MSM technic cash desk or by bank transfer, in accordance with the information provided in the offer, on the basis of the relevant VAT invoice.
If provided for in the offer, MSM technic may request a deposit towards the price of the product before proceeding with the order. In such a case, MSM technic will proceed with the order provided that the full amount of the deposit has been credited to MSM technic’s bank account. Article 394 of the Civil Code shall apply in particular to the deposit.
The basis for payment is the VAT invoice. Payment shall be due by the date specified in the VAT invoice.
By placing an order, the Customer authorises MSM technic to issue a VAT invoice without the Customer’s signature.
In the event of late payment, MSM technic shall be entitled to charge interest at the maximum rate, as well as to charge the Customer the full amount of the costs of pursuing payment of the debt, including, in particular, debt collection costs, reminders, and court and administrative costs.

Collection of goods, returns

Unless otherwise agreed, the Customer shall collect the product directly from the MSM technic warehouse.
Upon signing for receipt of the product, all risks associated with its possession, use, loss or damage pass to the Customer.
The person collecting the product is obliged, prior to signing for it, to inspect it for quantity and quality in the presence of an MSM technic employee or the courier, in the case of delivery via a freight forwarder. Should any shortages or damage be found, the person collecting the product is obliged to draw up a report of shortages/damage in the presence of an MSM technic employee or the courier delivering the product, and to inform MSM technic immediately. Any claims made after signing for receipt or made in breach of the above provision may not be recognised by MSM technic as valid.
Should the product not be collected within the specified time limit, MSM technic shall be entitled to charge the Customer storage costs of 25 zlotys net for each day or part thereof. In such a case, the product will only be released to the Customer upon payment of the storage fee.
Where the Product is manufactured to the Customer’s specific order, MSM technic shall be entitled to require the Customer to cover the costs of manufacture and transport.
A product may only be returned with the prior written consent of MSM technic, failing which the return shall be invalid. Consent will be granted only upon a written request from the Customer, provided that the product is suitable for resale (in particular, it is unused, shows no signs of assembly, was not manufactured to the Customer’s specific requirements, and, in the case of certain products, is in its original packaging).
Should the return be accepted, MSM technic shall be entitled to charge a handling fee amounting to 15 per cent of the value of the returned product.
If the Customer has paid for the returned product, the price will be refunded within 14 days of the date of return, less the handling fee. Otherwise, payment of the handling fee will be due within 7 days of the date of return.

Warranty and guarantee

In accordance with Article 558(1) of the Civil Code, the warranty for the product is excluded.
MSM technic provides a warranty for a period of 24 months from the date of sale on new and reconditioned gearboxes. If the date of sale is not specified, the warranty period shall be calculated from the date of manufacture. The warranty for reconditioned gearboxes applies only if the condition set out in §2(2) of the terms and conditions is met. However, the warranty is reduced to 12 months if the gearbox is fitted to vehicles equipped with a tow bar.
The warranty does not apply where the gearbox is fitted to vehicles used by car hire companies or taxi operators.
The warranty is valid only if it bears the stamp and signature of the mechanic who carried out the gearbox installation. The warranty shall cease to be valid during the warranty period should the vehicle’s mandatory roadworthiness test not be carried out on time.
MSM technic provides a warranty against manufacturing defects in the product. The warranty does not cover product malfunctions caused by external factors, installation errors, or the use of the product contrary to its intended purpose, or its use in operating conditions for which the product is not designed.
The warranty covers products imported into Poland by MSM technic.
All claims arising from the warranty provided on behalf of MSM technic should be reported by the customer (or the product user) in the first instance to the installation company or the company that resold the device.
Should a manufacturing defect or damage to a product covered by the warranty be identified during the warranty period, MSM technic shall, within 14 days, provide free of charge the spare parts necessary to rectify the defect or arrange for repairs to be carried out by the manufacturer’s service centre in Poland. When reporting a fault, the Customer is required to submit a completed and signed fault report form.
The person reporting the fault is obliged to ensure unhindered access to the product so that servicing work can be carried out. The service technician is entitled to refuse to carry out a repair under warranty or after the warranty period has expired if the location or manner of installation of the appliance prevents access to it or prevents the product from being repaired effectively. The person reporting the fault is obliged to provide suitable tools, e.g. a ladder, if this is necessary to carry out the servicing work.
The timeframe for supplying parts or repairing the appliance may be extended by the time required to import from abroad any parts or components needed to repair the product.
The warranty does not cover:
1. damage to or malfunction of the product resulting from errors made during installation,
2. malfunction of the product resulting from use contrary to its intended purpose or contrary to the assembly and operating instructions,
3. the consequences of fortuitous events and other circumstances for which the manufacturer is not responsible, e.g. damage during transport, lightning strikes, mechanical damage, power surges, etc. (force majeure),
4. damage resulting from failure to comply with the product’s operating and maintenance conditions,
5. damage resulting from a failure to carry out the tasks specified in the user manual as tasks to be performed by the user, e.g. filter replacement,
6. claims relating to the product’s technical specifications, unless these are inconsistent with the specifications set out in the technical documentation,
7. products that have been assembled, modified or repaired by unqualified personnel,
8. products for which mandatory periodic technical inspections have not been carried out,
9. cases where warranty cards have been filled in illegibly or inaccurately,
10. products lacking legible factory serial numbers,
11. products in which structural modifications have been made,
12. costs associated with the transport of the claimed unit, the towing of the vehicle, the assembly and disassembly of the vehicle, and the cost of replacing and changing the gearbox oil; damage resulting from improper use or installation, and external damage caused by a collision (accident).
In the event of an unjustified warranty claim, the claimant is obliged to cover the costs of processing the claim, as well as travel expenses and the costs of the manufacturer’s service work.
MSM technic accepts no liability for wear and tear or for damage resulting from the operation of the product. MSM technic is also not liable for any direct or indirect damage to people, pets or property if such damage is caused by a breach of the product’s terms and conditions of use and installation, or by the wilful or negligent behaviour of users or third parties.
The warranty card meets the guarantor’s requirements if it is completed in full and legibly, and a proof of purchase is attached. The warranty is valid only if it bears the stamp and signature of the mechanic who installed the box.
The customer is obliged to submit warranty claims within 7 days of noticing a fault with the goods and to deliver the equipment to the MSM technic premises, having agreed with MSM technic on the method and date of delivery, unless MSM technic carries out the assessment and repair at the Customer’s premises. MSM technic will consider the warranty claim within 14 days of receiving notification of the claim and will inform the Customer whether the claim has been accepted or rejected. Any defects in the goods shall be rectified by MSM technic without undue delay. The Customer shall be notified of the deadline by MSM technic.
The cost of posting the product to MSM technic in connection with a warranty repair shall be borne by the Customer, subject to the case specified in the first sentence of clause 17.
In the event of an unjustified call-out, the Customer undertakes to cover the Service’s travel costs at a rate of 1.80 PLN/km plus VAT, as well as the cost of the service work carried out at a rate of 120.00 PLN/h plus VAT for each hour or part thereof. The minimum call-out charge is 350.00 PLN plus VAT. The Service’s travel costs are calculated on a case-by-case basis according to the following principle: MSM technic branch – repair location – MSM technic branch. If a fault is found to have been caused by the Customer’s negligence, in particular incorrect installation of the product, the repair shall be carried out at the Customer’s expense.
The warranty is valid provided that the Customer is not in arrears with any payments due to MSM technic. Should the Customer be in arrears with payment to MSM technic, MSM technic reserves the right to refuse to carry out any servicing, warranty repairs or the dispatch of spare parts.

Personal data

By placing an order, the Customer consents to their personal data being stored in the MSM technic database and to its processing for the purposes of fulfilling the contract. The provision of personal data by the Customer and consent to its processing are essential for MSM technic to fulfil the order. The Customer is liable for providing false personal data.
Personal data is protected in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws No. 133, item 883) in a manner that prevents access by third parties.
The Customer’s personal data is only processed at the stage of order fulfilment. This data will not be disclosed to companies or third parties for any purpose.

Final provisions

These Terms and Conditions set out the rules for making purchases from MSM technic and form an integral part of the offer. By placing an order, the Customer confirms that they have read these Terms and Conditions and agree to all the provisions and information contained therein. If the Customer does not agree to any provision of these Terms and Conditions, please do not place an order.
The address provided by the Customer on the order form shall be the address to which MSM technic shall make all deliveries. The Customer is obliged to inform MSM technic of any change of address, failing which they may suffer adverse consequences for breaching this obligation.
MSM technic reserves the right to amend these Terms and Conditions. In the event of an amendment to these Terms and Conditions, the provisions in force on the date the contract was concluded shall be binding on the parties.
MSM technic shall not be liable for any loss of benefits arising from the conclusion, performance or termination of this contract, or from withdrawal therefrom.
Any disputes arising in connection with the performance of sales contracts between MSM technic and Customers shall be resolved in the first instance through negotiation. However, if no amicable resolution is reached, the competent court for hearing disputes arising from the sales contract shall be the ordinary court with jurisdiction over the registered office of MSM technic.
The parties agree that Polish law shall govern the resolution of any disputes arising from this contract. In matters not covered by these terms and conditions, the provisions of generally applicable law shall apply, including, in particular, the provisions of the Civil Code.

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