Terms of cooperation and GTC

Bluejet LLC

ul. Przyrodników 19C, 80-298 Gdańsk
tel./fax 058 306 45 50
Share capital: 1,420,000.00 PLN
KRS: 0000290364; REGON: 220502205; NIP: 583-300-11-73

Bank BGŻ SA o/Gdańsk
account no. 57 2030 0045 1110 0000 0144 0790

GENERAL TERMS AND CONDITIONS OF THE CONTRACT of 09.10.2019

1. Scope of application
1.1. The terms of delivery and payment set out below apply to all contractors. If a separate agreement is concluded in writing with a contractor, the provisions of the GTC shall apply to the extent not regulated in such agreement.
2. Order acceptance
2.1. Orders are accepted only in writing and are valid after written confirmation of order acceptance by the Contractor. Verbal agreements of employees or associates always require written confirmation.
2.2. Submitted orders must be signed by a person authorised to represent the Client.
2.3. If creditworthiness of the Client is undermined due to facts identified after the acceptance of the order, the Contractor shall be entitled to demand prepayment or adequate safeguard or, in the event of refusal, to withdraw from the execution of the order.
2.4. The Client is liable for all costs arising from subsequent changes made by the Client to the accepted offer, including any resulting machine downtime. The repetition of proofs is considered a subsequent change.
3. Designs, sample prints, files and their costs
3.1. Print materials shall be prepared and delivered in a manner applicable in the Contractor’s company as described in the specification for the preparation of print materials. Preparation of print materials not in accordance with the above-mentioned specification will entail additional charges at the current hourly rate of the graphic designer.
3.2. The materials downloaded by the Contractor and CD discs used to manufacture ordered good shall remain the property of the Contractor and may be returned only upon the written request of the Client made at the time of ordering or within 7 days of being sent to the Contractor.
3.3. The designs created by the Contractor and the files processed for printing shall remain the property of the Contractor and may not be made available to third parties without written consent. The designs are subject to legal protection.
3.4. The files processed for printing are usually stored for six months from the date of the last delivery. After that time, they may be destroyed. There is no requirement to archive files or to inform the Client of their destruction.
3.5. After the order is executed, the Contractor shall not be liable for materials specified in section 3.2. not collected by the Client within 7 days of receiving them from the Client.
3.6. Production is based on the data specified in the order by the Client. The Contractor is not obliged to assess their accuracy or purposefulness. If sample prints are required, the cost of these shall be added to the invoice.
3.7. When printing on entrusted materials, the Contractor shall not be liable for their suitability or for any defects or damages that may arise during printing. In such a case, however, the Contractor is obliged to immediately stop printing and inform the Client that printing according to the previously agreed method is not possible.
3.8. After manufacturing products in accordance with the supplied designs and materials, the Client assumes full responsibility for checking if third-party rights have not been infringed by it. The Client undertakes to indemnify the Contractor against all possible matters related to claims by third parties for damages for infringement of their rights and to exclude the Contractor from liability for the content of the printed materials.
3.9. If the use of the materials entrusted by the Client for the execution of the contract gives rise to claims for damages by third parties, the Client undertakes to exclude the Contractor from claims for damages with such third parties.
3.10. The Client agrees to the free use of the products made by the Contractor in information and advertising materials and as samples of the Contractor’s technical capabilities.
3.11. The Contractor’s logo may be shown on the manufactured product with the consent of the Client.
3.12. The Client is obliged to review the sample prints in order to detect printing errors and other defects. The Contractor shall not be liable for errors overlooked by the Client. Changes communicated by phone require written confirmation by the Client.
3.13. The Contractor shall not be liable for deviations from the colours desired by the Client if the Client does not provide the Contractor with a colour pattern, which is a credible printout (digital proof or printout from a calibrated digital printer) that has been accepted in writing by the Client.
3.14. When placing a repeated print order for the same job, a second submission of the colour pattern is required. Due to the variety of media used, the Contractor may demand repeated written approval of the print colour sample.
4. Deadline for receipt of goods or dispatch, inability to deliver.
4.1. Information on deadlines and other data related to the placed order shall be provided by the Contractor’s Customer Service Office (CSO).
4.2. The order processing time starts with the written confirmation of the order by the Client as well as the delivery of the required materials.
4.3. Deadline for receipt of goods or dispatch is specified in the accepted order. Deadline for receipt of goods or dispatch shall be extended by the time during which the Commissioning party delays the fulfilment of their obligations or changes the scope of the order.
4.4. Deadline for receipt of goods or dispatch shall be extended in the event of force majeure circumstances, which occur after the acceptance of the order and of which we were not the cause, insofar as these circumstances affect the execution of obligations in a significant way, and also if such circumstances occur for suppliers. The Client shall be informed immediately when such a circumstance occurs and when it is resolved. The Client may request clarification as to whether the Contractor wishes to withdraw from the order or complete it within a specified period of time.
4.5. The Client may withdraw from the contract in the event of a delay in providing clarifications. All claims for resulting damages are excluded in such cases.
4.6. Compensation for delays caused by the fault of the Contractor shall not exceed 10% of the value of the order not completed on time.
5. Packaging, dispatch and assumption of risk
5.1. The works are as standard packaged in cubes or rolls (depending on the surface).
5.2. Customised packaging requires the provision of a detailed written description of the folding and packaging.
5.3. Works whose size after packing exceeds a EURO pallet shall be packed according to the Contractor’s knowledge and experience, unless the Client specifies a special form of packing and shipment sizes in the order.
5.4. The dispatch of goods and their transport insurance shall only be carried out upon explicit written request and at the expense of the Client.
5.5. If dispatch of the goods is delayed at the request or by the fault of the Client, storage of the goods shall also be at the expense and risk of the Client. In such a case, the notification of readiness for dispatch shall constitute the date of dispatch.
5.6. The risk of accidental loss of the goods shall pass to the Client as soon as the goods are handed over to the forwarder or carrier.
5.7. The Contractor shall not be liable for failure to meet the delivery date if this is due to circumstances attributable to the carrier.
6. Prices – payment
6.1. The price set in the price list does not include the delivery cost, custom packaging, cutting to size and VAT.
6.2. In the event of late payment, interest will be charged at the statutory rate.
6.3. If the Client delays the payment for the previous order or payment of an agreed advance, the Contractor may suspend or terminate the execution of the order or refuse to release the goods.
7. Claims for defects or poor quality and warranty
7.1. The Client is obliged to check the goods received in terms of quantity, defects / deficiencies, features / quality and guaranteed properties immediately upon the receipt of the goods. A complaint must be lodged about any obvious deficiencies the next working day by written (fax) notification.
7.2. The Client is obliged to make the advertised goods available to the Contractor’s representative in order to confirm the defect.
7.3. In the event of accepted complaints, the Contractor may reduce the price or deliver goods free of defects.
7.4. In the event of receipt of a damaged delivery, the Client is obliged to draw up a protocol of damages – signed by the carrier. The absence of such protocol deprives the Client of an effective claim for damages.
7.5. The absence of any part of the delivered goods does not entitle the Client to file a complaint with respect to the entire delivery.
7.6. Regardless of the printing method, minor deviations from the colour pattern approved by the Client are not subject to complaints. The same applies to the comparison of proofs with the print run.
7.7. All complaints regarding colours shall be dealt with on the basis of the colour patterns accepted in writing by the Client and accepted for printing. The Contractor confirms acceptance for printing by stamping the colour pattern.
7.8. If the materials are sent back at the client’s explicit request, the client is obliged to send back the colour patterns, which shall constitute the basis for processing the complaint.
7.9. When printing on entrusted materials, the Contractor shall not be liable for their suitability.
8. General limitation of civil liability
8.1. The Client shall be liable if the rights of third parties are infringed by the execution of their order. The Contractor shall be indemnified against all third party claims due to such infringement of rights.
8.2. The Contractor shall not be liable for defective deliveries or services provided by third-party companies unless a breach of the duty of due diligence in the selection of contractors is proven.
9. Place of performance, competent court and applicable law
9.1. The Contractor’s registered office is deemed to be the place of performance of deliveries and payments.
9.2. The competent court for disputes arising between the parties shall be the District Court Gdańsk-Północ in Gdańsk or the Regional Court in Gdańsk, applying Polish law, including the Civil Code.
9.3. The parties express their willingness to, above all, resolve any disputes that may arise during the execution of the order amicably.