GENERAL TERMS OF COOPERATION (Annex no. 2)
These General Terms of Cooperation, hereinafter referred to as the "General Terms", specify the conditions for the execution of the product sales agreement concluded between the Buyer and the company under the name Gungan sp. z o.o. with its registered office in Wrocław (50-502) at ul. Boczna 4/310, KRS: 0000679280, NIP: 8992819315 (hereinafter referred to as the "Seller" or "Gungan")
General
1. All capitalized terms used in the General Terms have the meaning assigned in the Agreement, unless the General Terms introduce a separate definition. In such a case, the definition adopted in the General Terms shall apply.
Declarations
2. The Buyer declares that they have reviewed the specification of the Item available on the Gungan website and the annexes to the agreement, and has no objections in this regard.
3. If the Buyer is a commercial company, they are obliged to:
a. submit to Gungan a resolution of the authorized body expressing consent to conclude the agreement,
b. if such a resolution is not submitted, the Buyer declares that the company's articles of association exclude the obligation to obtain consent for incurring obligations within the scope of the agreement, and do not introduce additional requirements regarding the consent of its authorized bodies with respect to the subject of the agreement.
Delivery of the Item
4. The Parties agree on the place and date of delivery of the Item in the agreement, whereby any change in the date or place of delivery requires written or email consent (through correspondence exchanged between the addresses indicated in the agreement). The Parties may agree on self-collection by the Client or shipment to the specified address using external suppliers.
a. instrumentation indicated in the annexes to the agreement,
b. Technical and Operational Documentation (DTR).
9. Gungan undertakes to provide the Buyer with a technical opinion regarding the Item, confirming its compliance with the standard specified in the specification, within 7 days from the date of receipt of the Item by the Buyer.
10. The actual dimensions of the Item may deviate from the agreed values by +/- 7% - this will not constitute defective performance of the agreement, nor will it serve as grounds for any other claims.
11. Gungan is entitled to withhold the delivery or dispatch of the Item if the Buyer has not paid the full price by the day preceding the delivery or dispatch.
12. The Parties may agree in the contract on further conditions or obligations related to the delivery.
13. The obligation to secure the Item and accessories/equipment after delivery rests with the Buyer.
Payment of the Price
14. The terms and method of payment of the price for the subject of the agreement will be agreed between the Parties in the contract, while Gungan reserves the right to agree on payment of the entire or partial price before the release of the Item.
15. If the agreed, prior payment has not been credited to Gungan's account by the day preceding the release date of the Item, Gungan shall be entitled to:
a. demand full payment of the price before the release of the Item - even if partial payment was agreed upon prior to the release or/and.
b. withhold the release of the Item until full payment is received - including exercising the right to demand full payment or/and.
c. unilaterally set a new release date for the Item, which shall not exceed one (1) month from the date of receipt of the full outstanding payment.
16. The Parties understand the payment date as the date of funds being credited to Gungan's bank account.
Guarantee
17. Unless otherwise specified in the contract, Gungan provides a warranty for the Item from the date of release, under the terms and conditions specified in the Warranty Card.
18. The Warranty Card is available at: https://gangaru.com/content/10-warranty-terms
19. The Buyer undertakes to use the Item in accordance with the manual and the requirements of the Warranty Card and acknowledges that failure to comply with these obligations may result in the loss of the warranty granted.
25. At the Buyer's request, Gungan undertakes to:
a. submit a written statement of transfer of ownership of the Item and confirmation of receipt of the promissory note or full payment of the price.
b. after full payment - to return the promissory note, while Gungan is entitled to condition its return on obtaining a written confirmation from the Buyer.
Additional Obligations
26. The Buyer gives their irrevocable consent to:
a. the use of photos and videos posted or shared by the Buyer, to the extent that they relate to the Item and devices/accessories - for marketing purposes involving their presentation or transmission to potential Gungan customers.
b. placing references (hyperlinks) to the aforementioned photos and videos, as well as to the Buyer's website, on Gungan's website or its social media profiles.
27. The Buyer acknowledges that giving the above consent influenced the final sale price
Contract Withdrawal
28. Gungan is entitled to withdraw from the contract if the Buyer:
a. despite a written or email request for payment with an additional seven-day (7) deadline - fails to pay the agreed deposit or the agreed partial price,
b. despite a written or email request for payment with an additional seven-day (7) deadline - fails to submit the promissory note, carry out the necessary security measure, or make full payment.
29. Gungan is entitled to exercise its right to withdraw within four (4) months from the date of becoming aware of the event giving rise to this right.