Multistal & Lohmann Sp. z o.o. General Terms of Sale

Seller: Multistal& Lohmann Sp. z o. o.
ul. Nad Wierzbakiem 17/1; 60-611 Poznań; NIP (Tax ID No) 781 15 90772; REGON [Statistical No] 631087484 registered by the District Court in Poznań, 21^st Commercial Division of the National Court Register, under KRS Number 0000066075.
Share capital: PLN 1,099,000.00

1. Basic provisions

1.1 General Terms of Sale apply to all sales agreements executed by Multistal & Lohmann Sp. z o.o. − hereinafter referred to as the "Seller."

1.2 These General Terms of Sale are available at the Seller's registered office, in Sales Departments of its individual Branches and on the website: www.multistal.pl.

2. Subject of sale; order and agreement execution

2.1 The subject of sale includes steel products, services and all other materials and goods in accordance with the Seller's scope of operations.

2.2 The Seller accepts orders placed: in person, by e-mail, fax, post and telephone.

2.3 An order must specify the type of material, the quantity, the exact dimensions, the size of a detail which the Buyer wishes to obtain after processing (the so-called "off the shelf" dimension), the expected delivery date, the terms and conditions of delivery and payment, the forename and surname of the person placing the order, their address of residence and Identity Card Number/PESEL (Personal Id No)/NIP (Tax Id No).

2.4 In the case of products cut to dimensions, the following tolerances shall be maintained:

Round and flat bars up to 300 mm in diameter − cutting tolerance -0/+5 mm

Round and flat bars over 300 mm in diameter − cutting tolerance -0/+10 mm

Sheets cut to dimensions -0/ +15 mm

Plates cut to dimensions -0/ +15 mm

2.5 If the Buyer requires a greater cutting accuracy than in the case of cutting with the Seller's tolerances − the Seller must confirm acceptance of the order in writing.

2.6 All materials offered by the Seller are intended for machining unless specified otherwise.

2.7 A sales agreement is executed upon the Seller's acceptance of a written order placed in accordance with the Seller's prior offer.

2.8 The minimum contract price is PLN 50.00 net.

3. Price

3.1 The sales price is a net price which shall be increased by the VAT due.

3.2 The price is consistent with the quotation so long as the offer is valid; otherwise, the price determined on the date the invoice is issued shall be binding.

4. Delivery

4.1 Goods sold based on their weight shall be weighed with the following accuracy: below 1 tonne − accuracy up to 1 kg, from 1 tonne to 3 tonnes − accuracy up to 5 kg; above 3 tonnes − accuracy up to 10 kg.

4.2 The Seller may supply the quantity of the ordered goods with the tolerance of + 10%. In such case, the Buyer is obliged to accept the goods and pay for them in accordance with the quantity specified on the invoice, and on the date indicated therein.

4.3 The goods cut to dimension shall be invoiced based on their weight before cutting.

4.4 The Seller reserves the right to an early delivery or delay of up to 7 working days with regard to the time of agreed contract execution date.

4.5 Any risk (e.g. of loss of, or damage to goods) is transferred to the Buyer when the goods are handed over to the Buyer, to the Buyer's Carrier or to a third party authorized by the Buyer.

4.6 If the Buyer defaults in payment, the Seller shall be entitled to withhold the execution of the order until overdue payments are received in full. In this case, such extension of the term of order execution shall not be deemed a breach of contract terms.

4.7 If goods supplied in accordance with clause 4.4. are not collected, the Seller may charge the Buyer with the total value of the goods, services, costs of cutting and transportation and warehousing of goods.

4.8 If goods are collected by the Buyer using its own transportation, this should take place within 7 days of the order preparation − in accordance with the offer and clause 4.4. Failure to collect the materials within the agreed term entitles the Seller to charge storage costs of 1.5% of the value of delivery for each day of storage.

4.9 If the Buyer fails to collect the goods, the Seller is entitled to charge him with liquidated damages of 0.5% of the value of goods which were not collected for each day of delay, but not more than 100% of the value of the goods, and to seek remedy for damages on general terms.

5. Payment terms

5.1 The Buyer is obliged to pay for the goods within the payment term indicated on the invoice.

5.2 The payment date is the day on which the cash is credited to the Seller's account.

5.3 The Seller may set off the amount due for the dispatched delivery against the Buyer's receivables.

5.4 In case of failure to comply with the payment date, the Seller may change all currently applicable payment dates with regard to subsequent orders.

5.5. If the Buyer defaults in payment for goods more than 30 days, the Seller has the right to withdraw from the sales agreement.

5.6. Goods, in any form, are the property of the Seller until they are paid for in full.

5.7. If the goods are sold against an advance payment, the order shall be directed for preparation after the payment.

Complaints

6.1 Complaints concerning quantities must be made in writing upon collection of goods by the Buyer − by means of a registered letter or e-mail sent to: marketing@multistal.pl, with acknowledgement of receipt.

6.2 The Buyer shall make the whole quantity of faulty goods in a non-processed form available to the Seller for inspection, and in the presence of the Seller's employee perform another measurement and weighing, without charging the Seller with any costs.

6.3 The Seller shall investigate the complaint within 14 days of receipt of a written notification.

6.4 Complaints concerning the quality must be sent to the Seller, with acknowledgment of receipt, in a written form, by means of a registered letter or email, to: piotr.borszlak@multistal.pl, otherwise they shall be null and void.

6.5 Upon the Seller's demand, the Buyer shall deliver, at its own expense, the faulty goods to the Seller's indicated warehouse, together with all documents related to this transaction, i.e. a copy of the Seller's invoice, a copy of a certificate.

6.6 In the case of a complaint concerning the quality, the Seller may, at its own expense, ask for an expert appraisal of the faulty goods.

6.7 If the Seller rejects the complaint, the Buyer shall cover all expenses related to transportation and additional expert appraisals, which the Seller has incurred in connection with the complaint.

6.8 Claims of the Parties for reimbursement of expenses related to transportation and additional expert appraisals connected with the complaint about goods, must be presented in writing together with documents which prove incurrence thereof (e.g. invoices, bills, payment receipts).

6.9. After receiving a complete documentation, the Seller shall direct the matter to be considered by the Producer.

6.10 Complaints concerning the quality can be made within 1 year of the date on which the goods were purchased from the Seller.

6.11. The Seller reserves the right to refrain from considering a complaint if, due to the extent of processing, the material cannot be clearly identified.

6.12. The Seller's liability for damages is limited to the value of the material sold.

7.0 Competent court

7.1 Any disputes arising from sales agreements executed between the Seller and the Buyer shall be settled by arbitration, and if no agreement can be reached, before a court competent for the registered office of the Seller, in accordance with the Polish law.