1.1. These General Terms of Sale (hereinafter the “GTS”) apply to contracts for the sale, delivery and/or installation of Normobaric Chambers and other Products and Devices concluded by Long Life Tomasz Źrebiec, with its registered office at ul. Trębacka 11A, 38‑420 Korczyna, Poland (hereinafter the “Seller”) and its counterparty (hereinafter the “Buyer”).
1.2. The GTS bind the Seller and the Buyer if the Buyer was informed in the Seller’s offer of the possibility to read them on the Seller’s website, or if they were delivered to the Buyer no later than at the time the Contract was concluded.
1.3. The GTS form an integral part of both the sales contract and of any offers presented to the Buyer by the Seller.
1.4. Placement of an order by the Buyer constitutes acceptance of the GTS in their entirety.
1.5. These GTS do not apply only where their application has been expressly excluded in the Contract.
1.6. In the event of any inconsistency between the provisions of the GTS and the Contract, the provisions of the Contract shall prevail.
2.1. Upon receiving an enquiry from the Buyer specifying preliminary order conditions, the Seller calculates the price and delivery time and notifies the Buyer thereof.
2.2. The Buyer places a final order with the Seller, thereby confirming acceptance of the price and delivery time. Placing an order equals acceptance of the Seller’s GTS. Orders may be submitted in writing or electronically (e‑mail, etc.).
2.3. The Buyer’s order should include: (i) Buyer details, (ii) precise description of the product ordered, (iii) quantity, and (iv) order value.
2.4. A Contract is concluded when, after receiving the Buyer’s order, the Seller sends written confirmation of acceptance, or when the Seller and the Buyer sign a separate written contract document.
2.5. If the Seller has doubts as to the Buyer’s financial standing, or if the Buyer is in arrears with payment, the Seller may suspend further performance of the order and demand appropriate security for payment within three (3) days; failing receipt of such security, the Seller may rescind the Contract. The Seller may rescind within six (6) months of becoming aware of the grounds for rescission.
2.6. Proposals, advertisements, price lists, brochures, catalogues, samples, diagrams, drawings, etc. originating from the Seller are for information only and are not binding offers.
3.1. Unless otherwise agreed, delivery is made EXW Korczyna warehouse of the Seller (Incoterms 2010). Delivery terms are set when the Contract is concluded; other Incoterms conditions may be agreed.
3.2. For EXW deliveries from the Seller’s Korczyna warehouse, the Seller’s liability for loss of or damage to the goods ends once the goods are loaded onto the transport arranged by the Buyer; liability then transfers to the Buyer.
3.3. Under EXW, the Seller will notify the Buyer in writing of the date on which the Buyer must collect the goods. Partial deliveries are permitted. The collection date must be confirmed at least five (5) working days in advance.
3.4. The Seller shall make every effort to meet the delivery date but is not liable for delays caused by unforeseen circumstances beyond its control, whether on its side or its subcontractors, including, but not limited to, force majeure events.
3.5. If delivery is delayed at the Buyer’s request or because the Buyer fails to collect the goods on time, the Seller will arrange storage of the goods at the Buyer’s cost and risk.
3.6. A person collecting the goods on the Buyer’s behalf must hold written authorisation issued by a person empowered to represent the Buyer, unless such authorisation is evident from the order or another document.
3.7. The person collecting the goods on behalf of the Buyer must check and confirm, by a legible signature on the delivery document (acceptance protocol), that the goods correspond to the order in quantity and quality at the moment of collection.
3.8. If a qualitative or quantitative defect is discovered after collection, the Buyer must keep the goods intact; in particular, the Buyer must not use any contested goods until the claim has been examined by the Seller, or else the Buyer loses all claims against the Seller.
3.9. The Seller does not accept returns of goods delivered in accordance with the Contract.
3.10. Cancellation of the order after the Contract is concluded is not permitted. If the Buyer refuses delivery or declares refusal to accept the goods, the date of delivery shall be deemed the date of refusal or the date the Buyer was notified that the goods are ready for collection. In such case, the Buyer authorises the Seller to declare on the Buyer’s behalf that the goods have been collected.
4.1. The Buyer may order assembly of the goods when placing the order. In that event, the Parties shall conclude a separate assembly agreement.
4.2. Assembly may be performed by the Seller or by a third party engaged by the Seller.
4.3. To enable proper performance of the service, the Buyer shall, at its own expense and risk, prepare the installation site, utilities and connections in accordance with the Contract and occupational‑health‑and‑safety requirements.
4.4. Acceptance of the Seller’s work is confirmed in an acceptance protocol signed by authorised representatives of both Parties. If the Buyer fails to attend or refuses to sign, the Seller shall set an additional date; if the Buyer again fails to attend, acceptance shall be deemed to have taken place on the originally scheduled date.
5.1. Unless otherwise agreed, each price included in any proposal, advertisement, price list or catalogue issued by the Seller is a net price in PLN on EXW terms. Prices exclude insurance, duties, taxes (including VAT), transport, suitable packaging, unloading, inspections, tests and any similar costs.
5.2. The Seller will issue a VAT invoice to the Buyer upon or immediately after delivery (confirmed by a signed acceptance protocol), specifying the payment method and due date in accordance with the Contract. Unless otherwise agreed, payment is due within fourteen (14) days of the invoice date.
5.3. For advance payments specified in the Order/Contract, the Seller will issue a pro‑forma invoice indicating the payment method and due date. After receiving the Buyer’s payment, the Seller will issue an advance invoice confirming receipt of the advance and commencement of order fulfilment.
5.4. If the Buyer fails to meet the payment deadline, the Seller may suspend order fulfilment and may declare immediately due and payable all amounts under invoices issued, including those not yet due.
5.5. If the Buyer cancels or changes key parameters of an order already in production, any goods produced for that order shall be placed at the Buyer’s disposal, and the Buyer shall pay the Seller the amount stated on the Seller’s invoice for those goods.
5.6. The payment date is the date the funds are credited to the Seller’s bank account.
5.7. Title to the delivered products remains with the Seller until full payment has been received.
5.8. Filing a complaint does not affect the payment deadline.
5.9. Unless the Contract provides otherwise, in the event of late payment the Seller may charge statutory interest.
6.2. The Seller grants a commercial warranty for Products and Devices manufactured by the Seller, in accordance with the warranty cards attached to their documentation. Devices purchased for resale carry the manufacturer’s warranty in accordance with the relevant warranty card.
6.3. The warranty and statutory warranty exclude parts subject to normal wear (e.g., seals), and damage caused by the user due to improper or non‑compliant use, installation, operation or maintenance; use contrary to the intended purpose or the operating manual; use of unsuitable consumables; repairs performed by unauthorised persons; and any modifications or structural alterations.
6.4. Upon delivery, the Buyer must check the completeness of the goods and accompanying documents. If any items or documents are missing, the Buyer must notify the Seller in writing at that time; failing this, the Buyer loses any claims for incomplete delivery.
6.5. Any claims regarding the quality of the delivered Product must be submitted in writing within seven (7) days of the defect’s discovery. If the Buyer does not notify the Seller within this period, all claims concerning that defect are excluded. Upon justified notification, the Seller will promptly remedy the defect.
6.6. Replaced defective parts become the property of the Seller.
6.7. The Seller is not liable for defects or damage resulting from materials or designs supplied by the Buyer.
6.8. The Seller is not liable for any loss of production, loss of profit, inability to use the Device, loss of customers or any other indirect damages. Liability does not cover damage arising from normal operation of the Device.
6.9. The Seller’s total liability, on any grounds, is limited to the price of the Product or the relevant part thereof. Liability for defects is governed exclusively by the above provisions.
7.1. The Normotech System ensures stable operation of a normobaric chamber with the following environmental parameters: pressure 1500 hPa; oxygen 35–40%; carbon dioxide 1–2%; hydrogen 0.5%.
7.2. The stated gas concentrations (oxygen, hydrogen and carbon dioxide) are physiological values perceived by the body, i.e. partial pressures of each component in the gas mixture at 1500 hPa.
7.3. The physical volumetric concentrations (volume percentage of each component in the total gas mixture, irrespective of pressure) are: oxygen 23–27%; carbon dioxide 0.66–1.33%; hydrogen 0.33%.
8.1. Any matters not regulated by these GTS shall be governed by written arrangements between the Seller and the Buyer and by Polish law.
8.2. Any disputes arising out of cooperation between the Seller and the Buyer shall be settled by the court having jurisdiction over the Seller’s registered office.