The present General Terms and Conditions of Sale and Warranty govern the orders, sales, deliveries, payments, and after-sales service of products marketed by the company AG FENETRES SP. Z O.O., UL ŻMIGRODZKA 16, 60-1771 POZNAŃ, hereinafter referred to as ‘AG FENETRES’ or ‘the Seller’. The contracting parties are hereinafter referred to as ‘the Buyer’ or ‘the Client’. AG FENETRES SP. Z O.O. reserves the right to modify the General Terms and Conditions of Sale and Warranty at any time, which implies that the Client must inform themselves of them with each order placed.
1. The quotation (offer) is valid for 4 weeks.
2. The prices of the products are indicated in euros. All orders, regardless of their origin, are payable in euros.
3. According to EU law, individuals and companies without a VAT number must add 23% Polish VAT to the amount of their quotation.
4. Companies with a valid VAT number receive invoices with 0% VAT. At the time of the first order, the Client must provide a current copy of the commercial register and the intra-community VAT number. Clients are required to inform AG FENETRES of any changes in company status, address, phone number, etc., in writing.
5. In the case of acceptance of the offer, the Client must send the signed quotation by fax or email with the mention ‘approved’, on each page of the offer and with the company stamp.
It is the Client’s responsibility to verify the quotation before confirming it for production. This means that if the Client confirms the offer for the order, it will be produced as confirmed. Claims resulting from the lack of verification of the confirmed offer will not be considered.
6. Production begins once AG FENETRES receives:
7. Any change to the order after sending the signed order form and starting production causes:
All changes must be sent and confirmed in writing.
AG FENETRES will prepare the modification of the order, which must be signed, accepted, and returned by the Client.
8. AG FENETRES may also invoice for the parts of the work already completed as well as the transport costs of the goods already transported or delivered if the order is divided into several parts at the Client’s request.
9. AG FENETRES may cancel the Client’s order in case of non-payment of the deposit or unpaid balances of previous invoices.
10. AG FENETRES informs the Client of the production time in the quotation. Delivery costs depend on the volume, weight, and value of the ordered product(s). The delivery date is communicated by email and in the shipping notice.
In case of inability to meet the deadline due to delays such as production problems, lack of profiles, or lack of glazing, the Client must be informed in writing of the new dates for fulfilling their order.
Before the shipment of goods, the Client must pay the remaining part of the sale price. AG FENETRES will not send the goods to the Buyer until the full purchase price has been credited to its account. The presentation of a transfer confirmation in electronic or paper form is not sufficient to confirm the payment and proceed with delivery.
If the Buyer, for reasons not attributable to the Seller, fails to collect the goods within the agreed period, the price and other considerations must still be paid as if the delivery of the goods had taken place according to the order confirmation.
In case of non-collection of properly delivered goods at the delivery location or non-release of goods by the driver due to non-payment, the goods will be transported back to Poland to the AG FENETRES warehouse. For the re-shipment of goods, the Buyer will have to pay transport costs based on the distance to the delivery location, but not less than 500 euros.
Furthermore, in the case of non-collection of goods, the Seller may also, subject to the law, terminate the contract at any time, store the goods anywhere at the Buyer’s risk and expense, require the Buyer to fulfill the contract, and additionally demand payment for these storage costs and the contractual penalty as in the case of contract withdrawal (80% of the gross price of the goods).
Regardless of the provisions of the preceding paragraphs, the Seller may claim compensation to the extent that they have suffered damage, especially if it exceeds the reserved contractual penalty value.
11. The receipt of the order will take place in the presence of the carrier, and the Client will be required to check their order and sign the delivery note corresponding to the order. The Client must therefore verify the conformity of the references, the quantities ordered, and the condition of the products. In case of any of the aforementioned problems, the Client will have the opportunity to issue written reservations in a precise and detailed manner regarding the present anomaly(ies).
The Buyer is required to inspect the delivered goods immediately, but no later than 7 days after their availability. Defects that cannot be detected upon receipt of the goods (hidden defects) must be reported to the Seller no later than 7 days after their discovery. The Buyer is required to provide, with the claim notification, all necessary data requested by the Seller, including the presentation of photographs taken.
Failure by the Buyer to raise objections regarding the assortment, quantity, and quality of the goods within 7 days of delivery will be considered as confirmation that the goods have been delivered correctly, in the right quantity, and have the correct characteristics and properties.
Notification of damage to goods or their non-conformity with the order after the date specified in Article 11 will not be taken into account.
12. The claim must be sent to AG FENETRES in writing with photos if necessary. AG FENETRES will respond within 14 days.
13. The warranty on the sold product is 2 years.
During the warranty period, AG FENETRES undertakes to eliminate only the physical defects of the sold goods, i.e., those resulting from production or defects in the material used for production, by performing, at the discretion of the Guarantor:
a) repair of defective products, or
b) replacement of the defective goods with new ones.
The Guarantor reserves the right to grant a discount on the net price of the goods, appropriate to the identified physical defect. The physical defect for which a discount has been granted is excluded from the scope of this warranty from the date of the discount.
The warranty does not cover:
The warranty expires if the Buyer installs goods with evident physical defects, such as inconsistencies in sizes, sections, or colors compared to the order, as well as mechanical defects of the glass or profiles.
The date for eliminating the physical defects of the goods will be agreed upon individually and in writing.
Any additional arrangement must be made in writing under penalty of nullity.
14. Ownership of the goods is transferred to the Client upon full payment of the order.
15. In the event that the Client cancels an order already in progress after its acceptance by AG FENETRES, the deposit paid by the Client remains fully acquired. In this situation, the Client is also required to pay AG FENETRES the other costs associated with the production of this order, such as material costs and production costs of the goods.
16. In case of non-payment of the total amount due by the Client, AG FENETRES has the right to withhold the entire order until the agreed amount is fully paid. Additionally, AG FENETRES will send a payment reminder with additional costs related to the storage of goods and necessary transport. These costs are estimated according to the average market value for such costs.
17. The language of this contract is French. These terms of sale are subject to Polish law. In case of disputes, Polish courts will have exclusive jurisdiction. All conflicts will therefore be judged by the court linked to the headquarters of AG FENETRES in Poland according to Polish law.
Date of last update: 07/08/2023
Request for contact
Contact at the number
+48 501 159 023