Terms and conditions

Subject of agreement

  • The subject of the agreement herein is the delivery of goods and services mentioned in the Shopping Cart by the Seller to the Buyer.

  • The description of the goods and services is contained on the Sellers website.

  • The technical description and the guarantee conditions if they apply can be found in other documents provided by the Seller.

Payments

  • The total order amount and the payment details are specified on a pro forma invoice attached to the order.

  • All payments should be made by the Buyer via a bank transfer to the Seller's account in accordance with the pro forma invoices delivered in due time.

  • The Buyer undertakes to cover any currency conversion and bank fees associated with the transfer.

  • The Buyer undertakes to cover any duties, taxes and custom clearance fees if they apply.

  • In case of late payment, statutory interest will be charged for late payment in commercial transactions.

  • In the event of a prolonged payment delay, the Seller may electronically lock the Machine until the Buyer settles the delayed payment.

  • If the Buyer cancels the order, the payments that have already been transferred are not reimbursed. 

Other arrangements

  • Neither of the Parties shall be liable for damages and default if they are caused by factors beyond its control, for example: force majeure, weather conditions, government restrictions (including rejection or cancellation of any export / import or otherwise necessary licenses) and armed conflicts.

  • The Buyer undertakes to verify that the terms and conditions (including technical) specified in the documents provided by the Seller do not prevent installing the Machine.

  • The Buyer undertakes to verify if the documentation delivered by the Buyer will not prevent importing the machine to the installation location and releases the Seller from liability for oversight in above mention.

  • The Buyer undertakes to make information available, including documents possessed by the Buyer or required by the law of Buyer's location, which may be essential for successful execution of the Agreement.

  • The Seller is not responsible for the content displayed by means of the Machine.

  • The Seller is not liable for damages resulting from unreasonable conduct of persons around the machine. 

  • Seller's liability for damages caused to the Buyer's property or third-party property in the event of malfunction of the Machine or in the event of default the obligation is limited to the total amount of the order.

  • After the installation, the Buyer will make available to the Seller video and photo materials of the installation for marketing purposes.

  • The Buyer takes responsibility for the transportation risks.

  • Upon receipt of the Machine, the Buyer shall inspect the machine and inform the Seller about any objections while the mounting crew is at the place of installation.

Confidentiality

  • Confidentiality is subject to:

    • The knowledge on the applied technical solutions in the design and operation of the Machine,

    • The knowledge acquired during the training,

    • The contents found in the Agreement and Attachments,

    • The content provided during discussions between the contracting parties,

    • The content and any correspondence exchanged between the parties of the contract,

    • Technical documentation delivered to the Buyer,

  • Through the entire duration of this Agreement and after its expiration, the Parties to this Agreement undertake not to use the confidential information for their own benefit or to the detriment of the other Party.

  • The Parties of this Agreement undertake to take all reasonable efforts not to reveal the confidential knowledge to third parties, except for statutory information duties

  • If the Buyer uses or discloses confidential information to third parties in order to act to the detriment of the Seller or to develop competitive solutions, the Seller is entitled to disable the operation of the Machine and demand further compensation

Property rights

  • Industrial property rights and all other intellectual property rights and copyrights (intellectual property rights) to technical solutions used in the Machine, training and documentation (including offers) remain the property of the Seller.

  • The Buyer undertakes to protect the Machine and documentation in order to preserve the Seller's intellectual property rights and to respect the terms of use of the Machine.

Final provisions

  • The Parties of this Agreement undertake to cooperate within performance of this Agreement and to act with good faith and mutual loyalty.

  • The law applicable to the contract is Polish law.  

  • Any disputes arising out of this Agreement or in connection with this Agreement shall be settled by the competent courts located at the Seller's premises.

  • The attachments from an integral part of the contract and are binding to the parties of the contract.

  • Any amendment, supplement, withdrawal, termination of this contract shall be in writing, otherwise null and void.

By confirming the order you accept the requirements from the Product Card and the following Terms and Conditions/ Potwierdzając zamówienie, zgadzasz się na wymagania opisane w Karcie Produktu oraz poniższy Regulamin: https://water-display.com/shop/terms