All the documents listed below can be downloaded as PDF files in the ‘Downloads’ section.
General Terms and Conditions of Agreements
Winkelmann Foundation Screw PL sp. z o.o. sp.k for consumers (B2C)
CHAPTER I - COMMON PROVISIONS
1. GENERAL INFORMATION:
2. ORDERS:
3. PRICE AND PAYMENT TERMS:
4. WITHDRAWAL FROM THE AGREEMENT
5. FORCE MAJEURE
6. GUARANTEE AND WARRANTY
7. RESPONSIBILITY OF WFS
CHAPTER II - PRODUCT SALES
8. WFS PRODUCTS
9. TERMS OF DELIVERY
10. WITHDRAWAL FROM THE AGREEMENT (RETURN OF WFS PRODUCTS)
CHAPTER III - IMPLEMENTATION OF PILING PLAN
11. PILING PLAN
CHAPTER IV – EXECUTION OF INSTALLATION
12. INSTALLATION - ORDER
13. INSTALLATION - PROJECT DOCUMENTATION
14. INSTALLATION – SCOPE OF WORK, OBLIGATIONS OF THE PARTIES
15. INSTALLATION – COMPLETION DATE, ACCEPTANCE
FINAL PROVISIONS
16. APPLICABLE LAW
17. RESOLUTION OF DISPUTES
18. SALVATORIAN CLAUSE
19. COMPLIANCE WITH SANCTIONS
20. CONFIDENTIALITY
21. PROCESSING OF PERSONAL DATA
22. OTHER
23. APPENDICES
CHAPTER I - COMMON PROVISIONS
1. General Information:
1.1. These General Terms and Conditions of Agreements ("GTC") apply to Winkelmann Foundation Screw PL sp. z o.o. Sp.k., 305 Jaworzyńska Street, 59-220 Legnica, Poland, referred to as "WFS" and contractual counterparties i.e. "Client" who are consumer within the meaning of the Civil Code. WFS and Client will hereinafter be referred to collectively as "Parties" or separately as "Party".
1.2. Definitions used in the GTC:
1.2.1. Products - means screw pile foundations sold by WFS to the Client's order or available in the current commercial offer of WFS together with accessories. Detailed provisions regarding WFS products are contained in Chapter II subsection 8 of the GTC.
1.2.2. Piling plan - means a technical drawing of an auxiliary nature for the Client's designer containing the layout/scheme for the placement of screw pile foundations for a specific structure on a specific property. For the avoidance of doubt, Piling plan does not constitute construction documentation until approved by the Client's designer with the specialization required for the execution of a particular construction project.
1.2.3. Additional Services - means the execution of the installation of Products and/or preparing Piling plan by WFS upon separate order of the Client, together with order for sale and delivery of WFS Products.
1.2.4. Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws 2024, item 1796, as amended).
1.3. The GTCs shall apply to all deliveries made by WFS to the Client and the performance of Additional Services.
1.4. The delivery of WFS Products and the provision of Additional Services takes place exclusively in Poland. WFS does not sell, deliver Products or provide Additional Services to consumers outside the territory of Poland.
1.5. The GTCs shall apply to agreements and orders regardless of the form in which they are concluded, including, in particular, agreements concluded in writing, orally, by telephone, and means of communication enabling remote communication. The foregoing is without prejudice to the provisions of item 2.2 et seq. GTC.
1.6. Deviating or supplementary provisions of the Client's general terms and conditions of agreement shall apply only if and to the extent that WFS expressly recognizes them in writing under pain of nullity. WFS does not accept any contractual penalties or indemnity obligations arising from documents unilaterally drafted by the Client, in particular those contained in the Client's general terms and conditions of purchase or codes of conduct, unless a separate, express agreement has been made in this regard.
1.7. WFS reserves the right to modify the GTCs at any time, in accordance with the procedure provided by generally applicable provisions of law. Orders and agreements concluded before the modification of the GTCs are subject to the provisions of the GTCs at the time of conclusion of the agreement.
1.8. If framework agreements or individual agreements have been concluded between WFS and Client, their provisions shall take precedence over the provisions of the GTCs, and the provisions of the GTCs shall only be supplementary to the extent concerned, unless the Parties have expressly agreed otherwise.
1.9. All offers, commercial and marketing information provided by WFS are non-binding in nature, unless they are expressly marked as binding or expressly contain binding obligations or binding nature has otherwise been expressly agreed with the Client. Such documents constitute invitations to place an order and not a binding offer by WFS.
1.10. The information and explanations provided by WFS with respect to its articles do not constitute any assurances as to the existence of the characteristics (features) of the goods, the existence of which the seller informed the buyer prior to the agreement, nor do they constitute a guarantee statement by WFS with respect to the articles. The values provided within the framework of information and explanations should be considered as average values.
2. Orders:
2.1. By placing an order, the Client accepts the GTC and its contents. Each Client has the opportunity to read the GTCs on the WFS website (www.winkelmann-construction.com) at any time.
2.2. Deliveries of WFS Products and performance of Additional Services are made on the basis of individual orders, and the order may be placed by the Client only in writing or via e-mail.
2.3. The order placed by the Client requires confirmation of its acceptance for execution by WFS (the moment the agreement is concluded) in writing or by e-mail. The above also applies to the situation where WFS and the Client have a permanent business relationship. Failure to confirm acceptance for execution of an order within 10 business days means refusal to execute the order (failure to conclude an agreement). Due to the refusal to execute the order, the Client shall not be entitled to any claims against WFS.
3. Price and payment terms:
3.1. The prices of individual Products and Additional Services are specified in the order. The quoted prices do not include any additional costs and fees, including transport, insurance, customs, import and export fees, unless otherwise expressly stated in the order. When placing an order, WFS will inform the Client of the total price of the product (including taxes), as well as the cost of its delivery and any other costs, if applicable.
3.2. The price for the Products shall be paid before the order is fulfilled and the delivery of the Products and/or Additional Services is performed, by the date and in the amounts specified in the invoice, unless the Parties have agreed otherwise.
3.3. The Client is not entitled to set-off or retention.
3.4. Delivered Products remain the property of WFS until full payment is made (retention of title), in particular, the Client is not entitled to use them in any way or to resell them further before full payment of the price to WFS.
3.5. If Client fails to make payment on time:
3.5.1. WFS shall be entitled, without prejudice to further statutory rights in such cases, to suspend the execution of the current deliveries and demand advance payments or provide a bank or insurance guarantee from an institution acceptable to WFS for the remaining deliveries, and, after the ineffective expiration of an appropriate additional period for the provision of such securities - without prejudice to further statutory rights - to cancel the agreement / order due to the fault of the Client with respect to the still unfulfilled part of the delivery. The Client is obliged in such a situation to compensate for any damages resulting from non-performance of the agreement,
3.5.2. all claims for payment arising from the business relationship with the Client will become immediately due and payable, regardless of extended payment terms, promissory note or installment agreements. Claims for reimbursement and/or discounts shall lapse if the Client is in arrears with payments to WFS.
3.6. In the event of a need for work not covered by the order/agreement for Additional Services, WFS will inform the Client and provide a quotation for such work. WFS shall perform additional or supplementary works only upon the Client's express order and upon payment as specified in Section 3.1 GTC.
4. Withdrawal from the agreement
4.1. The WFS, pursuant to Article 395 § 1 of the Civil Code, shall have the contractual right to withdraw if:
4.1.1. The Client fails to cooperate with WFS or delays in providing the relevant information necessary for the delivery of the Products or Additional Services, provided that WFS has previously summoned the Client to perform the Client's obligations and has granted the Client additional time for this purpose,
4.1.2. The Client withholds the possibility of performing Additional Services or fails to provide conditions for their performance, if such condition persists despite the Client's call to remove the causes limiting or preventing the performance of Additional Services and the expiration of an additional period of time, or if the condition persists for more than 30 calendar days, in particular, this means situations such as: failure to provide adequate conditions for the performance of the installation (the presence of waste, debris, bushes and trees at the site of the agreed installation, limitation of the availability of the installation site)
4.1.3. The Client fails to perform the agreement / order in accordance with its content, the content of the GTCs, or improperly performs its obligations;
4.1.4. The Client does not take back or refuses to take back the ordered Products and/or Additional Services, in the situation if they comply with the order (this does not apply to the Consumer's right to cancel the order),
4.2. WFS has the right to exercise the right of withdrawal within 30 days of the occurrence of the event justifying the withdrawal.
4.3. The above is without prejudice to the right of the Parties to withdraw from the Agreement for non-performance, improper performance or untimely performance obligations under separate provisions of law.
4.4. Withdrawal from the agreement should be in writing under pain of invalidity, stating the reason for withdrawal.
4.5. With regard to installation, in the event of withdrawal from the order, the Parties:
4.5.1. shall draw up, within 7 days of withdrawal, an inventory report of the completed installation work as of the date of withdrawal,
4.5.2. WFS will secure the interrupted performance of the installation only to the extent agreed in the inventory report and at the expense of the Party that is responsible for the withdrawal,
4.5.3. The Client shall allow WFS to remove materials and equipment owned by WFS from the site and to release Products owned by WFS to WFS.
4.6. In the event that the Client cancels the order / agreement for reasons for which WFS is not responsible, the Client shall be obliged to accept the performed Additional Services interrupted as a result of the cancellation and pay for them.
5. Force majeure
5.1. Force majeure shall mean an event that could not be prevented or counteracted by the affected Party even with the utmost diligence, and which makes the due performance of that Party's obligations impossible in whole or in part, such as fires, floods, earthquakes, strikes, war, mobilization, enemy hostilities, embargoes or orders of authorities, as well as the consequences of an epidemic or pandemic of a contagious disease beyond the Parties' control.
5.2. The Parties shall not be liable for the improper performance or non-performance of their obligations to the extent that such improper performance or non-performance is due to force majeure, provided that the Party affected by the circumstances of force majeure that directly affect the performance of its obligations has promptly, not later than 3 (three) business days after the occurrence of force majeure, notified the other Party thereof.
5.3. If the state of force majeure persists for more than 3 months, either Party may withdraw from the order / agreement for payment of remuneration for Additional Services performed or Products delivered up to the date of withdrawal. The provisions of Chapter I subsection 4 shall apply accordingly.
6. Guarantee and warranty
6.1. In case of defects (non-conformity with the agreement) of the Products or Additional Services, WFS grants a [statutory] warranty (pl. rękojmia) for the aforementioned defects. WFS does not grant Clients, who are Consumers a guarantee for the purchased Products or Additional Services performed.
6.2. The detailed rules and scope of the [statutory] warranty (rights for non-conformity of goods with the agreement) are regulated in the General Terms and Conditions of Warranty for B2C ("GTW") attached as Appendix no 1 to these GTCs.
7. Responsibility of WFS
7.1. Unless expressly agreed otherwise in the order/agreement, WFS shall be liable to the Client only to the extent of conformity of the ordered:
7.1.1. Products with the content of the order, i.e., for ensuring that at the time of delivery the Product is in accordance with the description specified in the order and complete, corresponds to the ordered quantity, and is characterized by the quality and functionality specified in the technical documentation of the product in question, including meeting the standards specified by WFS;
7.1.2. Supplementary services with the order, that is, for making accordingly:
7.1.2.1. with regard to the services of preparing of the Piling plan - at the time of the handover of the Piling plan, it met the criteria set out in the order, was consistent with the information agreed upon with the Client regarding the location, geometry of the construction, geotechnical survey, and structural report, met the standards set by the WFS,
7.1.2.2. with regard to the installation service that the installation of the Products is carried out in accordance with the Project Documentation and information provided by the Client as well as in accordance with the standards declared by WFS.
7.2. The suitability of screw pile foundations and other WFS articles for the Client's intended use must be checked by the Client before placing an order. The use of screw pile foundations is solely at the responsibility of the Client.
7.3. The Client is responsible for the use of Products in accordance with the product user manual and compliance with the conditions for the use of screw pile foundations specified therein.
7.4. Unless otherwise agreed by the Parties, the indemnity liability of WFS so defined resulting from any claims of the Client is limited only to the actual losses incurred, excluding the possibility of claiming, inter alia, lost profits and indirect or consequential damages. The total liability of WFS for damages caused to the Client in connection with the sale of Products or Additional Services is limited to EUR 250,000.
7.5. With regard to the sale and delivery of Products, WFS shall not be liable to the Client, in particular for:
7.5.1. use of the Products inconsistent with the agreement, by which it is understood, in particular, the use of the product inconsistent or contrary to the conditions specified in technical documentation of the Products or the product user manual, and for the consequences of such behavior of the Client. In particular, WFS shall not be liable to the Client in the situation of installation of screw pile foundations in conditions not intended for this purpose,
7.5.2. the suitability of the Product for a specific purpose, other than that specified in the technical documentation of the Products or compliance with standards other than those specified by WFS. The suitability of the Product for the execution of a specific purpose (by which WFS means the execution of a project / foundation of a specific object or equipment on foundations made of screw piles) is determined, among other things, by the correct matching of the technical parameters of a given product specified in the Technical Data Sheet with the conditions of a given land and load associated with a specific object. WFS shall not be liable to the Client for the Client's mismatch / inappropriate choice of the type of load associated with a specific purpose and for the consequences of such behaviour,
7.5.3. For defects, damage or non-conformity of the Product with the order resulting from improper transportation, storage, installation or operation of WFS products, by which we mean the consequences of handling the WFS product contrary to or contrary to the conditions specified in the product user manual, as well as delays in transportation.
7.6. With regard to the performance of Additional Services, WFS shall not be liable to the Client, in particular for:
7.6.1. installation of foundations from screw piles (performed by itself or by an entity other than WFS or its subcontractor) that is inconsistent with the piling scheme presented in the Piling Plan,
7.6.2. Provision by the Client of incorrect, inconsistent or outdated data necessary for the execution of the Piling plan, in particular as specified in Section 11.3 of the GTC,
7.6.3. the occurrence of a change in ground conditions that affects the execution of the Piling Plan and/or installation after the provision of the data set forth in Section 11.3 of the GTC, and which change affects the technology of execution of the Piling Plan with the application of WFS products in the given conditions, (e.g., carrying out earthworks, construction in the vicinity of an airport/railway crossing, which affects the permissible level of vibration/durability of the product, change in conditions due to groundwater infiltration, occurrence of floods or earthquake),
7.6.4. the unsuitability of the Additional Services for the purposes intended by the Client, if the Client did not inform WFS about them at least in documentary form before concluding the agreement,
nor for the consequences of the above.
CHAPTER II - PRODUCT SALES
8. WFS Products
8.1. WFS Products are construction products that can be used by the Client only for the purpose specified in the technical documentation of the Products and only under the conditions set out in the product user manual. The current technical documentation and product user manual of the WFS Products are available on the WFS website (www.winkelmann-construction.com) under the "Downloads" section. The Client must read the technical documentation and the relevant instructions for the purchased Products when buying them and before using them.
8.2. Before using the Products, the Client must verify that the supplied screw pile foundations and/or accessories are as described in the technical documentation and are without visible defects. Defective Products must not be used. Once defects have been inspected and identified, they must be reported to WFS and made available for removal.
8.3. All information provided by WFS on its Products, particularly in offers and printed materials and on the Internet, and the illustrations, drawings, dimensions, properties or performance characteristics contained therein, as well as other information, particularly technical information or ingredient information, are approximate averages. Data on articles that do not bear tolerances, such as those contained in online presentations or catalogs and/or brochures, are also subject to commercially and/or industry-accepted deviations and manufacturing-related variations, particularly due to the materials used.
8.4. The weight of delivered foundation elements, accessories or tools may vary by a maximum of +/- 12% due to production, series and standardization. WFS articles made in such a way are considered to be in accordance with the agreement (order), i.e. the weight falling within the above tolerance does not constitute non-conformity of the goods with the agreement.
8.5. Before using WFS Products, it is necessary for the Client to independently verify that the Client's planned use of WFS Products will be in accordance with the product resistance/capacity described in the Technical Data Sheet. Unless the Client has purchased installation services, WFS shall not be responsible for the manner of installation of screw pile foundations by the Client including possible consequences of improper installation.
8.6. The Product user manual provide in detail for the conditions under which screw pile foundations can be used, as well as the correct way of installation and operation. The product user manual also stipulates acceptable conditions for the storage of screw pile foundations and the method of installation and transportation of screw pile foundations. The Client is obliged to comply with the conditions specified in the above documents.
8.7. All documents required to obtain a building permit, such as: planning documentation, static calculations, expert reports, test statics in accordance with the relevant technical and construction provisions and general principles of technology to prove the suitability and use or application of screw pile foundations are not included in the contract, unless otherwise agreed by the Parties - and the obligation to obtain them is borne by the Client. Any additional costs resulting from deviations from the provisions shall be borne by the Client.
8.8. WFS declares that the design service life of screw foundation piles in typical mineral soils is at least 25 years and is subject to individual case-by-case assessment. This assessment is carried out in accordance with DIN 50929-3, Merkblatt 400, and EN 1990 (Eurocode 0).
9. Terms of delivery
9.1. Delivery of WFS products for Clients, who are consumers is carried out only in Poland.
9.2. The delivery date is set individually in the order / agreement and is calculated from confirmation of its acceptance for execution by WFS. If a longer period is not established in the order, the maximum delivery period is 90 days from confirmation of the order by WFS.
9.3. The danger of accidental loss of or damage to the Products passes to the buyer at the time of its delivery to the Client. The surrender of the thing shall be considered as its entrustment by WFS to the carrier, if WFS had no influence on the choice of the carrier by the Client.
10. Withdrawal from the agreement (return of WFS products)
10.1. The right to cancel an order/agreement concluded at a distance or off-premises WFS (the so-called right to return a product) allows you to cancel your purchase after you have seen WFS Product, without having to give reasons or incur costs, except as indicated below.
10.2. In order to exercise the right to return the product Client submits a statement of withdrawal from the agreement to WFS and presents proof of purchase of the product. Proof of purchase may be, in particular, a receipt. Statement of withdrawal from the agreement of sale Client can submit in any form, but we recommend sending the statement by mail to the address: 305 Jaworzyńska Street, 59-220 Legnica or by e-mail to: info@winkelmann-construction.com. The Client may use the model statement of withdrawal from the agreement, which is attached to the GTC.
10.3. The Client has 14 days from the date of receipt of the products (or when the order includes the delivery of more than one lot / one product, from the date of receipt of the last one within the order) to submit a statement of withdrawal from the order.
10.4. WFS, subject to the exceptions provided for in the Consumer Rights Act, will refund within 14 days from the date of receipt of the statement of withdrawal from the agreement all payments made.
10.5. The Client is obliged to return to WFS the Products from the purchase of which he or she has withdrawn no later than 14 days from the date of withdrawal from the order, unless WFS has offered to collect the products itself. To meet the deadline it is sufficient to send the products back before the deadline to: 305 Jaworzyńska Street, 59-220 Legnica. To the returned goods Client is obliged to attach the proof of purchase of the goods or mark the returned Products with the order number.
10.6. WFS is not obliged to reimburse Client for the costs it incurred in returning the products to WFS as a result of the declaration of withdrawal from the agreement. In the case of withdrawal from the agreement for the sale of products that, due to their nature, cannot be sent back by post in the usual manner, the cost of return may vary depending on the weight of the product, the shape (in particular, the length of the longest side of the product), the distance from the place of sending to the place to which the Product is returned and the transport company used by the Client. The maximum return cost should not exceed 6,0 PLN per kilometre (based on loading a pallet sized 120x80x90 cm – a wooden crate with a load capacity of 450 kg).
10.7. The Client shall be liable for any diminution in the value of the Product from the purchase of which he has withdrawn and which is the result of using it in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the goods.
10.8. The right to withdraw from the agreement by the Client is not available in the cases specified in Article 38 of the Law on Consumer Rights.
10.9. The provisions of this chapter shall apply accordingly to the Client's withdrawal from the provision of Additional Services in cases permitted under the Consumer Rights Act.
10.10. At express request of the Client, the performance of the Additional Service for which the Client is obliged to pay the price, may begin before the expiration of the deadline for withdrawal from the agreement concluded off-premises or at a distance, while in such a situation the Client acknowledges that from the moment of making such a request loses rights to withdraw from the agreement upon its full performance by WFS. If WFS has fully executed the Additional Services with the express and prior consent of the Client, the Client is not entitled to withdraw from the agreement for the execution of the Additional Services.
Chapter III - IMPLEMENTATION OF PILING PLAN
11. Piling plan
11.1. Along with the sale of WFS products, regulated in Chapter II of the GTCs, the Client, by separate arrangement with WFS and for a separate fee, may order the preparation of a Piling plan from WFS.
11.2. The scope of ordering the Piling plan does not include the installation of screw pile foundations at the location, unless the Client also orders the installation (under terms of Chapter IV of the GTC).
11.3. Unless otherwise agreed by the Parties in the agreement, in order to prepare the Piling plan, the Client shall provide WFS with the technical documents, at least in form of scan, the current list of which is available on the WFS website (www.winkelmann-construction.com) under the "**Downloads**" section.
11.4. The Client is responsible for the accuracy of the documents and information provided to WFS and confirms that the data contained therein is factually correct and up-to-date.
11.5. WFS prepares the Piling plan based on the documents and information provided by the Client and is not responsible for any discrepancies between the actual conditions and the documents and information provided by the Client.
11.6. The Piling plan will be executed within 30 days from the acceptance of the order by the WFS, unless the order individually sets a deadline for the execution of the plan.
11.7. If, in order to prepare the Piling plan, it is necessary for the Client to submit documentation for review by WFS or from the content of pending proceedings for obtaining decisions/permits, the deadline for preparing of the Piling plan shall run only from the delivery of the required documentation by the Client, and any delay in preparing of the Piling plan caused by the Client's failure to provide the necessary documentation or failure to cooperate in preparing the Piling plan shall not constitute a delay or improper performance of the Additional Service by WFS.
11.8. WFS, on the basis of a separate order and for an agreed additional fee, may perform all or part of the tests specified in Clause 11.3 GTC (in which Clause 7.6.2 of the GTC shall not apply).
CHAPTER IV – EXECUTION OF INSTALLATION
12. Installation - order
12.1. The Client, on the basis of a separate order and for a separate fee, may order from WFS an Additional Service consisting in the installation of WFS Products in accordance with the Project Documentation for a given construction project, on a specific property.
12.2. In the order to perform the installation, the Client indicates:
accurate information about the location of the property and land conditions,
a completed installation conditions form. The form and the list of requirements for installation and stress testing services is available on the WFS website (www.winkelmann-construction.com) under the "Downloads" section.
and attaches the project documentation of the construction work and Safe Work Execution Instructions („IBWR") signed by the Client.
12.3. Unless otherwise agreed by the Parties in the order/agreement, the Client shall independently determine the ground conditions at the site and shall be responsible for providing WFS with true, reliable and up-to-date information on the ground conditions at the site.
12.4. Depending on the location of the installation site and the type of construction project, WFS may require additional information from the Client before accepting the order confirmation.
12.5. Unless otherwise agreed by the Parties, WFS does not make a prior inspection of the installation site and does not verify the conformity of the Client's information on ground conditions presented in the order.
12.6. Changing the location of installation, technical parameters of Products or changing the information specified in Section 12.2 and 12.4 of the GTCs after confirmation of acceptance of the order for execution by WFS (in accordance Section 2.3 of the GTC) requires prior agreement with the WFS and constitutes the performance of additional / replacement work for which WFS is due additional remuneration.
13. Installation - project documentation
13.1. The scope of the project documentation on the basis of which WFS performs the installation depends on the size and specifics of the construction project (these include the construction project and/or technical documentation or Piling plan). Unless otherwise specified in the order, the installation is performed by WFS on the basis of the Piling plan developed by WFS.
13.2. Unless otherwise specified in the order, WFS shall not be obliged to verify the correctness of the project documentation provided by the Client and the solutions proposed therein, nor WFS shall be liable for the consequences of the installation of WFS Products in accordance with such design or plan. If, however, in the course of performing the installation, WFS becomes aware of doubts about the correctness of the solutions in the project documentation or about the need to update it, it shall immediately notify the Client and withhold the installation. In such a case, withholding the execution of the installation does not constitute a delay on the part of WFS. Additional costs resulting from the need for WFS to suspend and resume work in the case in question shall be borne by the Client.
14. Installation – scope of work, obligations of the Parties
14.1. The scope of work within the scope of installation is determined each time individually in relation to the construction project implemented by the Client, on the basis of project documentation. After confirmation of acceptance of the order for execution by WFS (in accordance with Clause 2.3 of the GTC), a change in the scope of the installation (e.g. ordering additional work) requires an annex to the order / agreement. The Client's right to reduce the scope of installation by partial withdrawal from the order / agreement is excluded.
14.2. Unless otherwise specified in the purchase order / agreement, it is within the scope of the installation service and the responsibilities of WFS:
14.2.1. travel to the agreed installation site, perform the installation and clean up the site,
14.2.2. Cooperate with the site / works manager (if required) and follow his instructions on site,
14.2.3. Provide the necessary tools and equipment required for the installation,
14.2.4. Cleaning up the site after the execution of the installation.
14.3. The scope of installation services provided by WFS include the execution of as-built documentation for the Client.
14.4. WFS is an entity specialized in the execution installation of foundation piles, and has the appropriate qualifications, including all the required by applicable provisions of law for the execution installation and experience in the execution of this type of construction work.
14.5. WFS is authorized to perform the installation with subcontractors.
14.6. Unless otherwise specified in the order / agreement, it is the Client's responsibility:
14.6.1. Provide WFS with the information and documents necessary for the installation referred to in Section 12.2. of the GTC above;
14.6.2. making the installation site available for visual inspection at the request of WFS,
14.6.3. securing and fencing the construction site in accordance with the provisions in force,
14.6.4. removal of all installations, trees and shrubs located in the under and above ground parts of the site,
14.6.5. prepare and make available to WFS the installation site on the agreed date and secure the works and tools located on the site for the duration of the WFS installation,
14.6.6. Coordination of WFS work with other Contractors on site,
14.6.7. providing access to media utilities,
14.6.8. Determination of the waste disposal site at the construction site,
14.6.9. provision of construction management (if required by law),
14.6.10. Protocol acceptance of the work performed by the WFS.
14.7. The parties agree that as a result of the execution of the installation of the Products, the Client is a waste generator. Accordingly, the Client undertakes to manage the generated waste at its own expense and bears full administrative, criminal and financial responsibility for damages resulting from improper handling of waste generated as a result of the execution of the installation of WFS Products.
14.8. WFS has liability insurance for its operations, the terms of which it will make available to the Client upon request.
15. Installation – completion date, acceptance
15.1. The execution of the installation will take place on the date agreed by the Parties in the order/agreement, provided that during the period of execution of the installation weather conditions do not occur that prevent or hinder the execution of the installation in accordance with the art of construction.
15.2. WFS is not responsible for any delays caused by weather conditions that prevent or hinder the performance of works included in the installation of the Products, in particular such temperature drop below -10°C or rise above 30°C, rainfall above 0.75 cm/h, wind speed above 35 km/h or others, that prevent or hinder the performance of works that were to be performed at the time. In that case, the deadlines specified in the order/agreement will be extended by at least the length of the period during which such conditions existed, unless the removal of the effects of the aforementioned conditions requires a longer period and taking into account the objective possibilities of The Contractor to proceed with the installation on the new date. Additional costs resulting from the necessity for WFS to stop and undertake work in the case in question shall be borne by the Client.
15.3. In addition, depending on the size and complexity of the construction project, the Client is required to provide WFS with a schedule for the execution of the work and agree on the date of execution of the installation in such a way that it does not interfere with other work in the project. WFS shall not be liable for any delay in the execution of the order/agreement resulting from the need to adjust the date of execution of the installation to other works. Additional costs resulting from the necessity of stopping and undertaking the work in the case in question by WFS shall be borne by the Client.
15.4. Proper completion of the installation is confirmed by the final acceptance protocol signed by the Parties. Unless otherwise agreed by the Parties in the order / agreement, WFS shall notify the Client of readiness for acceptance within 3 days before the scheduled acceptance.
15.5. If defects or faults are found during the course of acceptance, WFS will remove them within an additional specified period of time, but not less than 15 days, unless a longer period is necessary.
15.6. In the event that the downtime or inability to perform the installation for reasons beyond the fault of WFS exceeds 2 business days WFS may demobilize personnel and machinery and leave the site of construction installation without liability for damages to the Client. Further work shall be resumed upon receipt of written notification from the Client with regard to providing access to the site of construction installation and readiness to resume work, acceptance of the work and reimbursement of the cost of re-mobilization by the Client at the earliest date agreed upon by the Parties.
FINAL PROVISIONS
16. Applicable law
16.1. All agreements concluded by WFS and orders or deliveries made by WFS are subject to Polish law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna, April 11, 1980). This also applies to foreign Clients.
17. Resolution of disputes
17.1. Consumers may, in the event of a dispute with WFS, use out-of-court means of handling complaints and claims. Important information in this regard can also be obtained from the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl
17.2. For example, Client can take advantage of mediation procedures provided by provincial inspectorates of the Trade Inspection or permanent amicable consumer courts operating at provincial inspectorates of the Trade Inspection (detailed information is available at the headquarters and websites of district consumer ombudsmen, social organizations whose statutory tasks include consumer protection, provincial inspectorates of the Trade Inspection).
17.3. The use of out-of-court ways of handling complaints and claims is voluntary and can take place only if both parties to the dispute agree to it. The above provision is for informational purposes and does not imply WFS's consent to participate in out-of-court means of complaint handling and claim investigation (dispute resolution).
18. Salvatorian clause
18.1. If one or more provisions of the GTC shall be or become invalid or ineffective, this shall not affect the validity or effectiveness of their remaining provisions. The invalid or ineffective provision shall be replaced by the provision that comes closest to achieving the purpose intended by the Parties.
19. Compliance with sanctions
19.1. The Client represents that it and, if applicable to the order/agreement, other entities participating in a possible investment made with WFS will comply with any restrictive measures of a legal nature applicable to the order/agreement or applicable to WFS regarding the severance or restriction in whole or in part of economic and financial relations with the relevant third country (entities related to such country) such as trade embargoes or prohibitions on the provision or transfer of funds or economic resources ("Sanctions").
19.2. In addition, the Client declares that he as well as his real beneficiaries and his related entities entering into the execution of the order / agreement with WFS is not subject to any Sanctions, in particular, are not on the sanction lists adopted by the European Union (in particular in Regulations No. 269/2014, No. 765/2006, and No. 833/2014).
19.3. The Client agrees to cooperate with WFS in order to demonstrate compliance with the Sanctions, including, at the request of WFS, the Client will provide the necessary information or documents in this regard.
19.4. If the Client becomes aware of information that has or may have an impact on the content of the above statements, the Client is obliged to immediately inform WFS of this fact and take the necessary measures to avoid violation of any Sanctions.
19.5. In the event of the Client's failure to comply with the Sanctions, including violation of the above representations or the appearance on the part of the WFS of reasonable suspicion of such noncompliance:
19.5.1. The Company shall have the right, at its sole discretion, to suspend or terminate in part or in whole the cooperation with the Client with immediate effect. WFS shall not incur any costs or liability in connection with such suspension or termination of cooperation;
19.5.2. The Client shall be obligated to indemnify WFS for any damages arising from such (suspected) failure to comply with the Sanction. This does not exclude the right of WFS to pursue claims available to WFS on other grounds; and
19.5.3. Client shall indemnify and hold WFS harmless from any and all liability that may arise on the part of WFS due to the above (suspected) failure to comply with the Sanction.
20. Confidentiality
20.1. In the event that the Client, in connection with or during the execution of the agreement / order, comes into possession of confidential information concerning WFS or its business, the Client agrees to keep such information confidential and not to disclose it, transfer it to third parties or use it in any other way than in the execution of the agreement / order, without the prior written consent of WFS under pain of nullity. By confidential information, the Parties mean, in particular, professional, commercial, technical, technological, financial or organizational information concerning WFS.
20.2. The Client shall be liable for any damage caused by a breach of the obligation of confidentiality by the Client, its employees, associates, subcontractors, and any third parties through which the Client performs the agreement.
20.3. In the event of a breach of confidentiality obligations by the Client or the persons referred to above, WFS shall have the right to require the Buyer to pay a contractual penalty in the amount of EUR 10,000 for each instance of breach. This does not exclude the right on the part of WFS to seek compensation on general principles for the actual damage resulting from the breach of confidentiality.
20.4. If the Parties have entered into a separate non-disclosure agreement (NDA), the provisions of the aforementioned agreement shall prevail over the non-disclosure provisions of these GTC, and the provisions of these GTC shall be of supplementary value only.
21. Processing of personal data
21.1. The parties will process the personal data provided, in particular, name, job title and contact details as separate data controllers, under their own responsibility and in accordance with the provisions of the law, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: "**GDPR**").
21.2. WFS is the administrator of Clients' personal data within the meaning of the GDPR.
21.3. For the purposes of performing the agreement/order, there is a need for the Parties, acting as separate data controllers, to share personal data of employees, associates and representatives of the Parties.
21.4. The parties undertake to implement appropriate technical and organizational measures to ensure the protection of processed personal data. The degree of protection of personal data should be appropriate to the degree of risk of violation of the rights and freedoms of individuals in the event of accidental or unlawful destruction, loss, modification, unauthorized disclosure or unauthorized access to personal data.
21.5. The Client undertakes to provide the data subjects referred to in item 21.1 of the Final Provisions of the GTCs, acting on the Client's side, with information on the principles of personal data processing by WFS, and shall be fully liable to WFS in this respect. The current template of the WFS GDPR information clause is available at: www.winkelmann-construction.com/en/datenschutz. If the content of the information clause is changed, the provisions of this item 21.4 shall apply accordingly.
21.6. The Parties unanimously declare that the execution of the agreement / order / delivery does not involve entrustment of personal data processing (within the meaning of the GDPR). If, in the execution of the agreement / order / delivery, any of the Parties will process personal data on behalf of the other Party, the Parties will enter into an agreement for entrustment of personal data processing pursuant to Article 28(3) of the GDPR before processing personal data. The template of the entrustment agreement will be delivered to the Client by WFS.
22. Other
22.1. WFS, in accordance with Article 4c of the Law of March 8, 2013 on Prevention of Excessive Delays in Commercial Transactions (Journal of Laws 2023, item 1790), declares that it is a large entrepreneur within the meaning of Article 4(6) of the aforementioned Law.
22.2. Subject to statutory exceptions, the Client is not entitled to transfer (assignment) of rights and obligations under the agreement/order.
22.3. These GTC have been prepared in Polish and English versions. In the event of any discrepancy between the Polish and English versions of the GTC, unless the Parties expressly agree otherwise, the Polish text shall prevail.
23. Appendices
23.1. The following appendices form an integral part of these GTC.
23.1.1. General Terms and Conditions of Warranty Winkelmann Foundation Screw PL sp. z o.o. sp. k. for B2C – Appendix No. 1
23.1.2. WFS Information Clause (GDPR) – Appendix No. 2.
23.1.3. Model Withdrawal Form – Appendix No. 3.
Appendix no. 1
to the General Terms and Conditions of Agreements Winkelmann Foundation Screw PL sp. z o.o. sp.k for consumers (B2C)
General Terms and Conditions of Warranty Winkelmann Foundation Screw PL sp. z o.o. sp. k. for B2C ("GTG")
WARRANTY (NON-CONFORMITY OF GOODS WITH THE AGREEMENT)
1. General provisions
1.1. This GTW governs the rights of Clients who are consumers only.
1.2. Clients have all the rights arising from the non-conformity of goods with the agreement regulated by the Consumer Rights Act.
1.3. WFS does not provide Clients who are consumers with a guarantee on purchased products.
1.4. The Client has the right to file warranty complaints in the case of:
1.4.1. finding of non-conformity of the sold WFS Product or non-conformity of the performance of the Additional Service with the agreement/order,
1.4.2. or improper installation of the Products, if the installation was carried out by WFS (or under its responsibility)
1.4.3. or when the improper installation carried out by the Client was due to errors in the instructions provided by the WFS,
1.5. As part of a complaint, the Client may demand that WFS repair or replace the Product. The Consumer may also demand a reduction in its price or withdraw from the agreement in cases specified in the Consumer Rights Act. The Client may not withdraw from the agreement if the lack of conformity of the goods with the agreement is insignificant.
1.6. With respect to the Piling plan, if the Piling plan has defects, the Client may demand that WFS rectify the defect free of charge by improving the Piling plan or, if the defect is significant, may submit a statement to reduce the payment for the Piling plan or withdraw from the order/agreement, unless WFS immediately and without undue inconvenience to the Client rectifies the defect. Significant defects in the work are defects that make the work unfit for ordinary use, or that oppose the express agreement.
1.7. WFS shall be liable to the Client:
1.7.1. for nonconformity of the Product with the agreement for a period of 2 years from the date of its release.
1.7.2. from improper installation of the Product with the agreement for a period of 2 years from the date of installation.
1.8. In particular, non-conformity of the goods with the order/agreement or a physical defect in the Product and/or Additional Service shall not constitute a defect:
1.8.1. use of the Product and/or Additional Services inconsistent with the agreement/order, which is understood to mean, in particular, the use of the Product inconsistent or contrary to the technical conditions of the product or the Product User Manual (in particular, WFS shall not be liable to Client in the situation of installation of Products in conditions not intended for this purpose), improper installation of foundations (inconsistent with the scheme presented in the Piling Plan),
1.8.2. improper design of development with the use of the Products or inconsistent with the rules of construction art execution of development with the use of purchased Products,
1.8.3. unsuitability of the Product and/or Additional Services for a specific purpose of the Client, other than that specified in the Product Technical Card. The possibility of using the Product for the execution of a specific purpose (by which WFS means the execution of a project / installation of a specific object or device on foundation piles) is determined, among other things, by the correct matching of the technical parameters of a given product specified in the Technical Data Sheet to the conditions of a given land and load associated with a specific object. WFS shall not be liable to Client for Consumer's mismatch / inadequate selection of the type of load associated with a specific purpose,
1.8.4. liability for defects, damage or non-conformity of the Product and/or Additional Services with the order resulting from improper transportation, storage, installation or operation of the WFS Products, by which we mean the consequences of handling the WFS Product contrary to or contrary to the conditions specified in the Product User Manual,
1.8.5. defects in the construction/design project or defects in the building constructed on its basis,
1.8.6. defects or incorrect performance of Additional Services as a result of Client's provision of incorrect or unrealistic data necessary for the performance of Additional Services,
nor for the consequences of the aforementioned, in particular defects in objects erected on the Products and/or in the performance of Additional Services.
2. How to make a complaint
2.1. A complaint may be submitted in writing by sending a complaint form to WFS at 305 Jaworzyńska Street, 59-220 Legnica, Poland or electronically to the e-mail address: info@winkelmann-construction.com. WFS provides an optional form for filing a complaint, which is available at WFS website (www.winkelmann-construction.com).
2.2. The complaint should contain the Client's data, a description of the defect (non-compliance with the agreement) and attach photo documentation showing the defects, as well as specify one of the complaint demands (in the case of installation and sale of Products referred to in sec. 1.5 GTW and in the case of defects in the Piling plan referred to 1.6 GTW). Attach to the complaint proof of purchase of the advertised product (e.g. receipt).
2.3. The complaint will be answered within 14 days of its delivery to WFS.
2.4. The Client shall make the Products subject to repair or replacement available to WFS. WFS shall collect the Products from the Client or perform the repair at its expense and within a reasonable time from the time it was informed by the Client of the lack of conformity with the agreement, and without undue inconvenience to the Client. If the Goods were assembled before the goods became incompatible with the agreement, WFS shall disassemble the Goods and reassemble them after repair or replacement, or have them done at its expense.
Appendix No 2.
to General Terms and Conditions of Agreements Winkelmann Foundation Screw PL sp. z o.o. sp.k. for consumers (B2C)
WFS's information clause (GDPR)
INFORMATION CLAUSE FOR CONTACT PERSONS FROM CONTRACTORS IN CONNECTION WITH ESTABLISHING COOPERATION WITH THE CONTRACTOR, IN CASE OF OBTAINING DATA FROM SUCH PERSON
1. The administrator of your personal data is Winkelmann Foundation Screw PL Sp. z o. o. Sp.k. based in Legnica ul. Jaworzyńska 305 (hereinafter referred to as the "Administrator"). You can contact the Administrator by sending an e-mail to the following address: dane.osobowe@winkelmann-group.com
2. Your personal data will be processed for the purpose of cooperation with the entity on behalf of which you act. Your personal data will also be processed for the purpose of sending information about industry events organized by the Administrator, as well as for analytical and statistical purposes related to sending them.
3. The legal basis for the processing of your personal data is the legitimate interest of the Administrator, consisting in ensuring contacts necessary to conduct business activities.
4. Access to your personal data will be available to the Administrator's employees, subcontractors and entities providing services to the Administrator (i.e. IT services and technical support), who must have access to the data to perform their duties.
5. Your personal data will be stored for the period necessary to implement and settle this cooperation, which may be extended, where appropriate, by the limitation period for civil law claims.
6. You have the right to:
request access to your personal data, rectification, deletion or limitation of processing, as well as the right to transfer data,
object to the processing of your personal data at any time for reasons related to your particular situation,
submit a complaint to the supervisory authority, i.e. the President of the Personal Data Protection Office.
7. Providing data is voluntary, but failure to provide it will result in the inability to cooperate with the entity on behalf of which you are acting.
8. Your personal data will not be used to make automated decisions, including profiling.
Appendix No. 3 to the General Terms and Conditions of Winkelmann Foundation Screw PL sp. z o.o. sp. K. for consumers (B2C)
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to cancel the agreement)
Address:
Winkelmann Foundation Screw PL sp. z o.o. Sp.k.
305 Jaworzyńska Street
59-220 Legnica, Poland
info@winkelmann-construction.com
I/We(*) hereby inform(*) of my/our withdrawal from the agreement for the sale of the following goods(*) the agreement for the supply of the following goods(*) the agreement for the performance of the following goods(*)/for the provision of the following service(*).
Date of agreement(*)/acceptance(*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent on paper)
Date
(*) Delete as appropriate