General Terms of Trade
GENERAL TERMS OF TRADE
Publications of the PWM Edition, Export Sales
Valid as of January 7, 2016
1. Binding Force of the General Terms of Trade
1.1 PWM Edition and the Commissioner are bound by these General Terms of Trade in all situations that have not been regulated by separate agreements and/or arrangements between them.
1.2 By placing a commission the Commissioner shall accept these General Terms of Trade.
1.3 The waiver of a part hereof by PWM Edition for the benefit of the Commissioner shall not be deemed to invalidate the other terms specified herein.
2.1 Publications of PWM Edition are sold on the basis of retail prices showed in the PWM Edition Sales Catalogue. The prices are showed in EUR with VAT included therein. A new Sales Catalogue, while published, replaces any and all older Sales Catalogues.
2.2 The following discounts from aforesaid prices are granted to the Commissioner upon he places at least one commission of the total value equaling or exceeding EUR 100. The total value referred herein is that calculated in retail prices. The discount is granted to the libraries, bookstores, non-exclusive and exclusive distributors.
2.3 PWM Edition reserve for themselves the right to alter prices without prior notice.
2.4 PWM Edition reserve for themselves the right to refuse to execute the commission where commissioned edition is out of stock.
3. Exclusive Distributors
3.1 In the territories of the following states and groups of states the publications of PWM Edition are sold exclusively via Exclusive Distributors whose names and seats are indicated in Sales Catalogue respectively: Great Britain, Eire, Commonwealth (Universal Edition, England) USA, Mexico (Hal Leonard, USA)
4.1 Commissions for the publications of PWM Edition are accepted while placed by phone (orally) or in writing (inclusive of Internet services).
4.2 Goods are sold for prices applied on the date of the commission.
4.3 PWM Edition reserve for themselves the right to execute a part of the commission where commissioned edition is out of stock. If in his commission the Commissioner requests so PWM Edition shall undertake to deliver such edition upon the edition is re-printed.
4.4 The commission may be waived or amended as long as PWM Edition have not commenced the execution of such commission. Where commissioned goods are not taken by the Commissioner PWM Edition shall have the right to claim compensation for costs and losses incurred thereby.
4.5 The term to process each commission shall be 30 days which term shall be running from the date of such commission till the day on which commissioned goods shall be delivered to the Post Office or a shipping company. If a commission is processed in more than 30 days, the Commissioner shall have the right to withdraw his commission in writing, but he shall not have the right to claim compensation for a delay.
5. Delivery Conditions
5.1 The cost of the shipment of goods shall be covered by the Commissioner. PWM Edition shall ship commissioned goods using the least expensive mode of shipment selected in his own discretion. Specific requests of the Commissioner concerning mode of shipment, insurance and date of delivery shall be indicated in the commission order (with shipment mode or maximum shipment price payable by the Commissioner specified therein).
5.2 The risk of loss or damage of shipment shall be on the part of the Commissioner upon PWM Edition deliver such shipment to the Post Office or a shipping company. The goods, however, shall remain the property of PWM Edition as long as the goods have not been paid for.
6.1 Complaints concerning missing items or technical defects of delivered goods shall be examined by PWM Edition if such complaint is placed within 90 days as of the delivery date of such goods to the Commissioner. PWM Edition shall deliver missing and free of defects goods within 60 days as of the date of the relevant complaint acceptance.
6.2 The liability of PWM Edition shall be limited to the value of damaged or lost goods.
7. Payment Conditions
7.1 The first commission shall be executed by PWM Edition upon payment has been effected by the Commissioner in cheque or bank transfer to the account of PWM Edition No. 10301188 – 07404201 Bank Handlowy O/Kraków.
7.2 In the case of further commissions the term of payment shall be 45 or 60 days as of the date of invoice in regard of commissions coming from within or from beyond Europe respectively.
7.3 hould a payment has not been made by the Commissioner in due time, in the case of next orders placed by such Commissioner PWM Edition shall have the right to claim payment prior to the shipment of goods.
8. Disputes and Claims
8.1 Any and all disputes, controversies and differences arising between PWM Edition and the Commissioner in connection with the execution of these General Terms of Trade that cannot be settled amiably shall be lodged with the competent Court of PWM Edition and the case shall be governed by Polish laws. The judgement of the Court shall be final and both contracting Parties undertake that they shall intentionally execute such judgement.
8.2 These General Terms of Trade are governed by Polish Laws.