1. These General Terms and Conditions of Purchase form an integral part of all Orders placed by DACPOL with the Seller. These terms are fully binding upon the Seller unless specific provisions are excluded by a separate written agreement under pain of nullity. Fulfillment of a delivery to DACPOL implies the Seller’s acceptance of these Terms.
2. In case the Seller's General Terms of Delivery conflict, wholly or partially, with these Terms or with other DACPOL documents, only DACPOL’s General Terms of Purchase shall apply in full.
3. A Seller who does not accept these General Terms of Purchase must immediately notify DACPOL in writing, before confirming the order. In such case, DACPOL reserves the right to withdraw the order.
4. DACPOL is not obligated to comply with the Seller's sales conditions, even if DACPOL does not expressly object to them.
5. The Polish language version is the only legally binding version. Other language versions are for informational purposes only.
1. The Seller is obliged to confirm receipt of the Order in writing (Order Confirmation) within 3 business days, unless agreed otherwise. Written confirmation includes a hard copy document or e-mail sent by the Seller to DACPOL. The Order Confirmation constitutes acceptance of these Terms. After this period, the Order requires DACPOL’s confirmation to be considered valid.
2. If the Order Confirmation includes conditions inconsistent with DACPOL’s Order, DACPOL may, within 5 business days of receipt, inform the Seller whether it accepts the modified terms. This statement may be sent as a document or by e-mail.
3. In the event of discrepancies between DACPOL’s Order and the Seller’s invoice, the Order data will take precedence.
4. The Seller guarantees it employs qualified personnel with appropriate authorizations, capable of ensuring high quality and compliance with DACPOL’s requirements.
5. The Order value includes the price of the Goods, documentation, packaging, and delivery to DACPOL unless otherwise agreed.
6. The Seller agrees to immediately notify DACPOL of any planned or implemented changes to the delivered Goods.
1. Delivery deadlines are defined in the Order and refer to the date of delivery to the location specified therein. If not specified, the delivery address is DACPOL’s warehouse at Okulickiego 5J, 05-500 Piaseczno. All deadlines must be strictly adhered to.
2. If timely delivery is at risk, the Seller must promptly provide written notice including the expected delay and its cause. Failure to provide such notice or indicating that the delivery won’t occur on time may justify DACPOL’s withdrawal from the Order under §6.
1. The Seller is required to notify DACPOL by e-mail of the Goods' readiness for shipment at least one (1) business day before the scheduled delivery date. In case the Goods do not meet the required specifications, the Seller shall inform DACPOL and – provided that DACPOL gives its prior written consent – agree on the terms of such delivery, subject to the provisions of §2 item 2 above.
2. Deliveries are accepted at DACPOL’s warehouse during business hours, i.e., from 8:00 AM to 4:00 PM, unless a different delivery location and/or hours have been specified. DACPOL may accept deliveries outside of its standard business hours only if such arrangements have been agreed upon in advance with the Seller.
3. A delivery shall be deemed complete and acceptable by DACPOL only if it is accompanied by an appropriate transport document (such as a waybill), listing the type, quantity, and value of the Goods, and including all required test certificates, conformity certificates, and warranty cards. Additionally, the Seller is obliged to indicate the relevant Order number on the transport document and on all other documentation related to the execution of the Order, including correspondence, invoices, quality certificates, and declarations of conformity.
4. The Seller’s fulfillment of the Order constitutes an unambiguous confirmation that the Goods comply with the legal regulations in force within the European Union and meet current requirements and guidelines applicable to electronics, particularly those regarding safety, electromagnetic compatibility, and environmental protection.
5. The invoice must either accompany the Goods or be delivered by other means in such a way that it reaches DACPOL before the physical delivery of the Goods.
6. Upon delivery to DACPOL’s warehouse, a preliminary inspection is carried out without delay to verify the quantity and external condition of the Goods. This involves comparing the actual delivery with the transport documents and examining the external condition of the shipment. If there is any discrepancy in the quantity of Goods (as marked on collective packaging) or if the Goods are damaged, DACPOL shall record such discrepancies on the transport documents.
7. A detailed inspection of the delivery shall be carried out before the Goods are placed into storage. If the delivery is found to be non-compliant in terms of quantity, quality, or other Order-related conditions specified in this section, DACPOL will inform the Seller in writing or by e-mail. The Seller is required, within five (5) business days of such notification, to at its own cost supply the missing items, replace any defective Goods with fault-free ones, or fulfill other necessary formalities.
8. The delivery of the ordered Goods shall be deemed completed at the moment of defect-free and documented acceptance of the Goods by DACPOL at the agreed delivery location. If the conditions specified in this section are not met, DACPOL shall not be held responsible for any resulting delays in accepting the delivery or in processing the payment.
9. If the Goods are packaged using solid wood, the Seller must ensure that the wood complies with the IPPC (International Plant Protection Convention) standards applicable in the destination country.
10. The Seller undertakes to comply with Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH), including all subsequent amendments. The packaging in which the Seller delivers the products to DACPOL must not contain any substances that are prohibited or restricted under the aforementioned Regulation. Upon request by DACPOL, the Seller shall provide the relevant documentation confirming that the packaging complies with REACH requirements.
11. The Seller undertakes to comply with Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste, together with its later amendments, as well as Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste. Packaging used by the Seller to deliver products to DACPOL must meet the requirements of this Directive, including those related to environmental impact minimization, recovery, and recycling. Upon DACPOL’s request, the Seller shall provide documentation confirming compliance of the packaging with the Directive, including relevant certificates, attestations, or manufacturer declarations.
12. The Seller declares that the supplied Goods, their components, and all packaging materials — in particular items made of wood (e.g. pallets) and natural rubber — comply with the requirements of Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on deforestation and forest degradation (EUDR – EU Deforestation Regulation), and in particular, do not originate from areas affected by deforestation after 31 December 2020. In the event of a breach of the above provision, DACPOL reserves the right to terminate the contract with immediate effect and to seek compensation for any resulting damages.
1.The fulfillment of the Order constitutes the Seller’s granting of both a warranty and statutory liability for defects (warranty under the Civil Code) for the delivered Goods, in accordance with the manufacturer's warranty, but for a period not shorter than twenty-four (24) months.
2. The Seller warrants that the technical and performance parameters of the Goods are in compliance with the requirements specified by DACPOL in the Order and that, during the warranty or statutory liability period, the Goods shall be free from defects that could prevent their correct and trouble-free operation.
3. The Seller’s liability under the warranty and statutory liability for defects shall be in accordance with the applicable provisions of the Polish Civil Code. The Seller shall remain liable to DACPOL under the statutory liability for defects regardless of the rights provided under the granted warranty.
4. In the event that a defect in the Goods is discovered during the warranty or statutory liability period, DACPOL shall notify the Seller of such defect in writing or by e-mail.
5. The Seller shall take all necessary steps to ensure that defective Goods are repaired or replaced at its own expense and with due diligence. The Seller is obligated to remove the defect or replace the defective Goods with defect-free ones within fourteen (14) business days from the date of receiving notification from DACPOL. If the delivered Goods are affected by a defect three (3) times during the warranty or statutory period, the Seller is required to replace the Goods with defect-free ones at its own cost. The Seller’s warranty obligations shall be carried out at DACPOL’s premises. Furthermore, the Seller is obligated to prepare and submit a report on the identified defect, indicating the cause of the defect and the manner in which it was remedied, no later than two (2) weeks from the date of receipt of the defect notification.
6. In the event of a replacement of defective Goods with new ones, the warranty and statutory liability periods shall commence anew for the replaced Goods.
7. Should the Seller fail to remove the reported defect within the designated time limit, DACPOL shall be entitled to remove the defect itself or through a third party at the Seller’s expense, following prior written notification to the Seller. The foregoing shall not affect DACPOL’s rights to contractual penalties as specified in §6, to claim supplementary damages, or to withhold payment of the Seller’s invoices, nor shall it release the Seller from liability under the warranty and statutory liability provisions.
8. The warranty and statutory liability periods shall be extended by the duration from the date of defect notification to the date the defect is remedied.
1. Liability for non-performance or improper performance of the Order shall be established in the form of contractual penalties. The Seller shall be obligated to pay DACPOL contractual penalties in the following cases:
a) 10% of the value of the subject of the Order in the event of DACPOL’s withdrawal from the Order due to reasons attributable to the Seller, or in the event of the Seller’s withdrawal from the Order for reasons not attributable to DACPOL;
b) 1% of the value of the Order for each day of delay in delivery;
c) 1% of the value of the Order for each day of delay in remedying defects identified during the acceptance of the subject of the Order or during the warranty or statutory liability period, calculated from the deadline set by DACPOL for defect removal, or as indicated in the warranty or these General Terms of Purchase.
2. DACPOL shall have the right to deduct the contractual penalties, as specified in these General Terms of Purchase, from any amounts payable by DACPOL to the Seller. In the event of the Seller’s delay in performing the subject of the Order or failure to fulfill obligations specified in § 3, § 4, or § 5, DACPOL may, without waiving its right to impose contractual penalties or seek additional compensation, exercise one or more of the following rights:
a) demand full or partial performance of the Order;
b) procure the Goods from another entity at the Seller’s expense and risk;
c) withdraw from the Order for reasons attributable to the Seller without setting an additional deadline, by notifying the Seller in writing.
3. If the amount of the contractual penalty does not fully cover the damage incurred, DACPOL reserves the right to claim supplementary compensation in accordance with generally applicable laws.
1. All data and information provided by DACPOL to the Seller in connection with the execution of the Order, including, in particular, organizational, commercial, technical, and financial information, as well as any other information concerning DACPOL that has not been publicly disclosed, shall be treated as confidential. The Seller undertakes to maintain the confidentiality of such information and not to use it for any purpose other than the performance of the Order. This obligation shall not apply in cases where the disclosure of such information is required under mandatory provisions of law. In particular, the Seller undertakes to treat as confidential any information concerning the volume of trade, prices applied, discounts granted, product specifications, logistics arrangements, and technological data. The Seller declares that it shall ensure appropriate protection of such information, in line with its confidential nature. This obligation shall remain in force even after the completion of the Order and may only be waived with DACPOL’s prior written consent, which must be given under pain of nullity.
2. The disclosure of any information related to the Order to third parties by the Seller shall require DACPOL’s prior written consent.
3. In the event of unauthorized disclosure by the Seller of any information specified in point 7.1, the Seller shall be obligated to pay DACPOL a contractual penalty in the amount of PLN 50,000. If the contractual penalty does not cover the full extent of the damage incurred, DACPOL reserves the right to seek supplementary compensation under generally applicable legal provisions. The obligation to pay the contractual penalty does not exclude DACPOL’s right to withdraw from the Order for reasons attributable to the Seller.
1.The Parties agree that any and all disputes arising from or that may arise between the Seller and DACPOL in connection with these General Terms of Purchase or the Order, or in relation to its execution, shall fall under the exclusive jurisdiction of Polish courts and be governed exclusively by Polish law.
2. The Parties further agree that in all such disputes which cannot be resolved amicably, the competent court shall be the common court having jurisdiction over the registered office of DACPOL.
1. The transfer of any rights or obligations of the Seller arising from the Order shall require the prior written consent of DACPOL. The Seller undertakes to convey DACPOL’s requirements to its suppliers.
2. The Seller guarantees that the delivery and use of the Goods shall not result in any infringement of third-party intellectual property rights, including copyrights or patents.
3. The Seller confirms that the Goods delivered to DACPOL do not contain any minerals or derivatives originating from the high-risk areas, including Democratic Republic of the Congo (DRC) or neighboring countries that could contribute to the financing of armed conflict.
4. In the event that the Goods delivered by the Seller contain conflict minerals used in the production process, the Seller undertakes to immediately inform DACPOL of this fact. Failure to comply with the above provision shall entitle DACPOL to withdraw from the contract and return the ordered Goods to the Seller.
5. The Seller undertakes to comply with Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS), including Annex II of Directive 2015/863/EU of 31 March 2015, as well as the national implementing legislation — the Regulation of the Polish Minister of Development and Finance of 21 December 2016 on the essential requirements for restricting the use of certain hazardous substances in electrical and electronic equipment (Journal of Laws, item 7, as amended). Should the Seller cease to comply with the aforementioned regulations, it shall immediately notify DACPOL. Failure to comply shall entitle DACPOL to withdraw from the contract and return the ordered Goods to the Seller.
6. The Seller is obligated to provide information regarding substances of very high concern (SVHC) in articles, as required under Article 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 (REACH), and in accordance with the provisions establishing the European Chemicals Agency.
7. The Seller is also obligated to declare whether the Goods constitute strategically significant products, including dual-use items, products specially designed or modified for military purposes, or items subject to export or trade control regulations. In the absence of such disclosure, DACPOL reserves the right to withdraw from the contract.
1. DACPOL’s Suppliers and Business Partners shall endeavor to comply with the Code of Conduct for Suppliers and Business throughout the supply chain.
1. The Seller undertakes to strictly comply with all applicable national, European Union, and international laws and regulations concerning economic sanctions as well as export and import control measures that apply to activities related to the execution of DACPOL’s Order. This applies in particular to regulations issued by the European Union, the United States, the United Nations, and other authorized bodies.
2. The Seller is obliged to promptly inform DACPOL of any circumstances that may indicate that the Seller, its affiliated entities, business partners, or the Goods are or may be subject to any sanctions, export restrictions, or other trade control measures.
3. Upon DACPOL’s request, the Seller shall provide appropriate documentation and information confirming compliance with the applicable sanctions and export/import control regulations.
4. Should DACPOL determine that there is a risk of violation of any sanction or export control regulation in connection with the execution of the Agreement, DACPOL shall have the right to suspend the performance of its obligations, refuse to execute the Order, or terminate the Agreement with immediate effect—without incurring any liability as a result.
5. The Seller shall be liable for and shall indemnify DACPOL against any and all claims, proceedings, actions, penalties, losses, costs, and damages asserted by public authorities or other third parties against DACPOL, arising out of or related to the Seller’s breach of the above obligations.
Piaseczno, 12.05.2025