General Terms and Conditions of Sale and Delivery

§ 1 Area of Application

1.1 These General Conditions of Purchase (hereinafter referred to as “GCP”) apply to all sales and supplies of Goods transacted by business partners and suppliers (hereinafter referred to as “Suppliers”), to Media Ikonos (hereinafter referred to as “Recipient”) along with all related companies (subject to mandatory provisions of law).
1.2 The GCP applies in particular to contracts for the purchase and/or delivery of movables or rights (hereinafter referred to as “Goods”), regardless of whether the Supplier manufactures the goods himself or purchases them from subcontractors, with or without further processing. They also apply in the current version to future contacts with the same Supplier. In the event of any changes in the conditions, the Supplier will be informed immediately.
1.3 Non-standard additional agreements, additions and changes are exclusive arrangements between the parties and take precedence over these GCP, if they are at least in a text form.
1.4 According to law, all significant statements, such as setting deadlines, reminders, notifications of withdrawal from the contract, must be made at least in a text form to be binding. Therefore, the list of text form requirements in the terms and conditions is only illustrative and not conclusive.

§ 2 Conclusion and scope of contract, rights and duties of the Supplier

2.1 Estimates (agreed) of costs are binding and not to be remunerated, unless individually otherwise agreed in a text form.
2.2 Orders for Goods are only legally binding when placed in a text form. The Supplier is obliged to accept each order for execution (by its written confirmation within 5 days from the date of receipt) and to inform the Recipient, also in writing, about obvious mistakes and incomplete items in the order, including order documents, for the purpose of correction or completion before its acceptance. Without of a text confirmation, the contract will be considered by the Recipient as not concluded.
2.3 Any invoice issued by Supplier for supplies is obliged to quote the Recipient’s order number. In the absence of such order numer, Recipient may consider that the Goods specified on the invoice have not been ordered and may reject them or withhold payment until the Supplier demonstrate the basis for the completed delivery of the Goods (e.g. by showing the order).
2.4 If the Supplier does not immediately accept the order in a text form (after receiving in in writing), Recipient entitled to withdraw from the contract. If the Supplier accepts the order with deviations, such deviations must be clearly referred to in the declaration of acceptance. In such case, a contract will only come about when Recipient agree to the deviations in a text form.
2.5 In case formless business transaction, i.e. orally or by the phone, the order in a text form from Recipient is regarded as order confirmation.
2.6 Date of delivery shall be as indicated in the order. An order may provide for delivery of Goods on Recipient call off. Unless otherwise agreed in writing, delivery shall become binding if the Supplier does not object also in writing, which the Recipient will receive within two working days (6-day week) of receipt of the delivery request.
2.7 Recipient can request changes in the delivery after conclusion of the contract as far as that is reasonable for the Supplier. In case of such change of the contract, both parties must appropriately take into account the consequences, especially in terms of possible additional or lower costs, of product quality, well as of the delivery dates.
2.8 Together with the Order confirmation, Supplier is obliged to provide the Recipient with the specification of the ordered goods for its written confirmation. In the absence of such specyfication signed by the Recipient my be the reason for rejected to accept the Goods. The Supplier as the manufacturer shall to manufacture and supply the deliveries and services having due regard to the respective most recent state of the art. They must comply with the legal and other regulations of the Polish law and of the EU.
In addition, they must comply with the regulations of the countries into which the deliveries and services are redistributed by the Recipient or his customers, as far as Recipient point to it before the conclusion of the contract.
2.9 Information confirmed in writing of the Supplier about the Goods on the contract, whether from specifications/descriptions, are regarded as agreed qualities. The Supplier exclusively owes the delivery of Goods according to specifications. They must be packaged in such a manner as to exclude any negative impact on the product and meet the requirements of good manufacturing practice (GMP).
2.10 The Recipient is not obliged to accept a partial delivery/partial service that has not been individually agreed with the Supplier.
2.11 The transfer of ownership of any delivered
goods to Recipient shall be made unconditionally and regardless of the payment of the purchase price. The Recipient object to any reservation of ownership or current account.
2.12 In the case of service orders, Supplier is obliged to remove from Recipient’s site all type of waste generated by the work, as per applicable provisions of law.

§ 3 Special confidentiality/developments and rights

3.1 The Supplier has to observe confidentiality about the conclusion of the contract, its content and scope, also beyond the end of the contract.
3.2 The Supplier further obliges itself to keep a secret all information and documents marked as confidential by the Recipient (e.g. technical and other data, measurement values, calculations, documentation, know-how, drawings),
as far as they are not known to the public, not to disclose them to third parties without the Recipient’s consent and to use them only for the purpose of executing a given order for the Recipient. They are considered to be business secrets.
3.3 In the case of research, development, design, engineering and other orders, the subject matter of which is the development of a technical problem solution for the Recipient, all inventions/solutions of the Supplier that will be made/obtained as part of the performance of the contract due solely to the Recipient, regardless of the possibility of obtaining protective rights. This also includes the right to protect special rights through proper registration by the Recipient. The same applies accordingly to new technical know-how that is not covered by the state of the art.

§ 4 . Delivery time, scope of delivery, obligation of subsequent delivery, delay/default, stipulated penalty

4.1 Agreed delivery dates are binding. Observance of the delivery date or delivery period depends on the receipt of the goods or services at the place of receipt specified by the Recipient in the order or, without such specification, at the place of performance. Recipient may reject excess or short deliveries at the Supplier’s risk and expense due to defectiveness or quantities inconsistent with the order. In case of a delay/default in delivery, Recipient is entitled to all legal claims and rights without restriction. In case of a delay/default on the part of the Supplier, Recipient in particular can declare rescission of the contract and more over claim damages for non-performance.
4.2 Goods will be delivered to the place of performance/Recipient’s place of business in Opole, which is open on working days from 8.00 to 16.00 or alternatively basis to the delivery destination specified in the order, with customs duties, packaging and transport insurance at the Supplier’s expense.
Together with the Goods, the Supplier shall provide detailed accompanying documents required by law, from which result the exact designation of the goods, the part numbers, the order numbers, the quantities as well as the certificates of tests performed by the Supplier. Delays in the service and payment resulting from incomplete information shall not be at the expense of the Recipient. In case of missing shipping documents, in particular certificates of origin or supporting documents in accordance with the turnower tax law, the Recipient reserves the right to refuse acceptance of the goods at the Supplier’s expense and risk. According to every delivery, the Supplier is oblied to issue in writing and provide a respective declaration of identity as well as a test certificate of conformity per delivery/service. The Supplier obliges itself to provide for the Recipient, free of charge and in good time before the delivery, with all necessary product information, as far as required like safety data sheets, warranty card, processing information, instructions of use, etc., in Polish and optionally English language and provide to the Recipient all information and documents required for proper distribution in conformity accordance with the law. Any subsequent changes in and updates of the above-mentioned product information shall be communicated to the Recipient in a text form by the Supplier and made available to the Recipient free of charge and in good time as well.
4.4 According to the safety rules, the Supplier’s personnel and subcontractors engaged by them, who stay on the Recipient’s property during the execution of the order, are fully obliged to comply with applicable rules and regulations.
4.5 During the period of the usual service life of the delivery items, the Supplier is obliged to keep the necessary replacement Goods in stock and deliver them within a reasonable period as usual in the business relationship. The Supplier guarantees the availability of its goods over a period of at least 5 years from the date of the last delivery. Further more, the Supplier is obliged, in case of cessation of the production of replacement Goods, to immediately inform Recipient in a text form when it will discontinue the supply so that the Recipient can purchase sufficient quantity of replacement Goods. The Supplier is obliged to notify the fact not later than 6 months before cessation so that the Recipient can still order replacement Goods to the necessary extent for keeping them in stock.
4.6 In case of delay/default in delivery, the Recipient – apart from further statutory claims – shall be entitled to demand lump-sum compensation for the damage caused by delay in an amount of 0,3 % of the net order value per working day (6-day week), in case of agreed partial deliveries 0,3 % of the pro-rata value of the delivery, but not more than maximally 10 % of the total net order value of the delivery. The Recipient shall have the right to prove a higher damage. In such case, the lump-sum amount is set off against the damage. The Supplier shall have the right to prove that there has not resulted any damage at all or only a substantially lower damage than the lump-sum amount.
4.7 The Recipient has the right to delay the delivery of all or part of the ordered Goods. In this case, the Supplier undertakes to hold the Goods in its or third party storage facilities until receiving permission for delivery. The above shall not constitute any cost for the Recipient for the first 90 days; after such period the parties shall reach an agreement on the expenses for storage in the Supplier or third party’s facilities.
4.8 The Supplier declares that the order will be complete and comprehensively and on time, without the need to perform any additional work or provide additional elements by the Recipient, unless the parties agreed otherwise in a text form.
§ 5 Prices and terms of payment
5.1 All prices quoted in the order are fixed prices including all additional costs. The prices reffered to net prices in agreed, by both parties, currency EUR/PLN/USD. Additional costs include delivery „free door” (DAP, Incoterms 2020), just like packaging, transport insurrance, customs duties including ancillary expences, as well as installation/fitting, if necessary, unless otherwise agreed in a text form by both parties. At the Recipient request, the Supplier shall collect packaging material back and dispose it of at its expense.
5.2 Under continuous obligations, the Recipient expressly object to claims for the price increase of the Supplier, even when there is a period of more than 4 months between conclusion of the contract and delivery.
5.3 The agreed price is due within the agreed period from moment of complete delivery and service (including pick-up) as well as access to a properly issued invoice that must contain all orders codes and item numbers from the Recipient order. In case of bank transfers, the payment is made in due time when the Recipient give the transfer instruction to the bank before expiry of the payment period. The Recipient do not owe any maturity interest, default interest is annually 5% abovethe base interest rate. Allowing for a delay in any case is subject to a reminder at least in a text form given by the Supplier.
5.4 Payments do not constitute a recognition of the delivery or service as being in conformity with the contract; they are also made subject to invoice verification and inspection of Goods.
5.5 In case of defective delivery or service, including also incorrect delivery, incomplete and excessive delivery, the Recipient shall be entitled to retain payments in a reasonable amount. Rights of set-off and retention as well as the objection of a non-fulfilled contract are due to the Recipient to the legal extent. In particular, the Recipient is entitled to retain due payments, also from a current account relations, in a reasonable amount as long as the Recipient are still entitled to claims against the Supplier from incomplete or defective deliveries/services under the same business relationship.
5.6 Payment is deemed to be made at the date of the debit to the Recipient’s bank account.
5.7 Each attempt to change the account numer on the proforma/invoice in relations to the previously used accounts shall be confirmed between the Supplier and the Recipient by: phone, e-mail and via WhatsApp/SMS.
§ 6 Quality control/warranties/liability /limitation period/audits /checks
6.1 The commercial obligations of examination and complaint according to the Civil Code are limited with the following proviso: the Recipient examination is limited to identifying defects that become openly apparent upon receipt of the Goods under external visual inspection, including the delivery documents provided by the Supplier, this refers for example to transport damage, wrong or short deliveries, or defects that are visible during quality control using sampling procedures. After the delivery has been officially accepted, there is no obligation of examination. As for the rest, it is of relevance in how far an examination is expedient at all considering the conditions of the individual case; in drop shipment transactions, there is no examination. The obligation of complaint with regard to defects detected later (defects not visible at the time of delivery, defects revealed in the production process, defects arising in connection with use) remains unaffected.
6.2 The Supplier is obliged to examine materials / raw materials provided the Recipient immediately upon delivery as to obvious and visible defects including transport damage. In any case, the Supplier is obliged to examine provided Goods / raw materials as to absence from defects before their further processing. The Supplier is obliged to notify every detected defect immediately at least in a text form and earlier by telephone to the Recipient.
6.3 With regard to the Recipient rights in relations to all quality and legal defects, including incorrect and short delivery, and other breaches of duty on the part of the Supplier, the legal regulations are expressly applicable without limitation. Any claims for defect are entitled to the Recipient without restriction, even if defect has remained unknown to both parties upon conclusion of the contract due to gross negligence.
6.4 The Recipient object to any limitation of liability with regard to legal rights of recourse. In any case the Recipient is entitled to demand rectification of defect or replacement delivery at his own choice. In such case, all expenses for the rectification of the defect or the replacement delivery shall be borne by the Supplier; this includes also possibly necessary removal and installation costs including other ancillary costs in this connection that are caused by the fact that the defective delivery was further processed and maybe was installed at a third party and must be removed again. The right to damages, in particular the right to damages in lieu of performance or apart from rescission expressly remains reserved.
6.5 The costs incurred by the Recipient and his customers in order to of examine and rectification/remove the defects shall also be borne by the Supplier when it turns out after the examination that the defect is attributable to the defectiveness of the Goods.
6.6 In case the Supplier should fail to remove the defects immediately at the Recipient request, in urgent cases, in particular for averting imminent dangers or avoiding major damage, the Recipient have the right to rectify it themselve at the Supplier’s expense or have it rectified by third parties, irrespective of the right of the Recipient to cause the substitute performance themselve at the Supplier’s expense in the aforementioned urgent cases. The Recipient is also entitled to demand reasonable advance payment for the performance of such measures.
6.7 Claims based on defects – on whatever legal ground – expire 36 months after delivery, subject to longer statutory periods of limitation, especially with regard to the delivery of building materials. If acceptance has been agreed, the limitation period begins with the receipt of the overall delivery/service. The limitation period for contingent claims from an infringement of protective rights is at least 3 years. It begins only when the Recipient becomes aware of such claims against him. It has a duration of not more than 10 years from the infringement.
6.8 The Recipient is entitled subject to a respective notification 3 day in advance, to check the quality of the material used, dimensional and quantity accuracy and other quality of the manufactured parts as well observance of the other provisions of the order at the factory of the Supplier and its sub-contractors during the production and before the delivery. The factual costs of the production checks and inspections shall be borne by the Supplier when the Recipient had a reason for such checks or inspections or when there are detected defects that would have impaired/prevented the performance of the contract.
§ 7 Protective rights of third parties
7.1 The Supplier quarantees that the subject matter of the contract is free from rights of third parties. In the event of an infringement of rights of a third party, the Supplier shall indemnify the Recipient against all claims at first request.
7.2 Assertions of claims by third parties will be immediately notified to the Supplier at least in a text form by the Recipient.
7.3 If the exploitation or use of the delivery item by the Recipient is impaired due to existing protective rights of a third party, the Supplier shall, at his own expense, either procure the respective au thorization or alter the delivery/service or equiva lently manufacture/exchange it in such a manner that the exploitation or utilization of the delivery is not in conflict with protective rights of a third party anymore and it simultaneously corresponds to the contractual stipulations. The alteration or replacement must be reasonable for the Recipient.
§ 8 Product liability
8.1 If the Recipient should be held liable under product liability, the Supplier shall be obliged to indemnify the Recipientagainst such claims, provided that the damage was caused as a whole or in partby a fault in the subject of the contract item delivered by the Supplier.
8.2 In the cases listed in Subsection 8.1 above, the Supplier shall assume all costs and expences, including the costs of legal proceedings or appeals, if applicale. As for the rest, the law applies.
8.3 The Supplier is obliged to maintain, during the term of the contract and for the period of warranty and right to replace the goodsaccording to Subsection 4.5 above, a product liability insurance with an appropriate insurance cover and to submit proof of this coverage upon request.
8.4 If within the framework of such liability, recall/replacement measures, public warnings, legal prosecutions or other preventive measures will be required, the Supplier shall finance the costs and expenses incurred by the Recipient in the form of an advance payment; the Recipient shall be obliged to submit a statement of account after performance. The Recipient shall inform the Supplier – as far as possible and reasonable – about content and scope of the measures.
§ 9 Legal consequences of force majeure
9.1 The Recipient shall not be held responsible for the failure to perform bindingly agreed purchases if he proves that the non-performance was caused by an impeding reason outside their sphere of influence and that the Recipient cannot be reasonably expected to have considered the impeding reason already upon conclusion of the contract or to avoid or overcome the impeding reason or its consequences (events of force majeure are inevitable events, such as natural disasters, earthquakes, floods, storms, volcanic eruptions, minor chances, unrest, blockade, fire, civil war, embargo, hostage-taking, war, revolution, sabotage, [strikes as far as taking place at a third party,] terrorism, traffic accidents, pandemics/epidemics, disruptions of production). If the non-per formance of the contract is based on non-performance on the part of a third party whose services the Recipient uses for performance of the contract, they are only released from liability, i.e. do not have to purchase, when they are released according to sentence 1 above and the third party would be also released according to sentence 1, too, if sentence 1 was applicable to it. The release basically applies for the period during which the impeding reason exists. In such cases, the Recipient is obliged to notify the Supplier of the impeding reason and its effects on their ability to perform immediately after getting knowledge of the impeding reason. A failure to comply with this obligation to inform within a reasonable period shall cause that the Recipient will be liable for the damage resulting from non-receipt of the information. The mechanisms for release from liability under this clause are final. National law only applies in addition subordinately; in case of inconsistencies, these GCP shall take priority.
9.2 If the conditions of Subsection 9.1 above are met, the Recipient shall be released from the obligation to purchase within the above meaning as well as from any claims for damages. When there is a possibility to postpone the purchase to a later date and the Recipient has reasonable grounds to do so, the Supplier shall be entitled to deliver the contract products at a later date, specified by the Recipient in such case, and the Recipient shall be obliged to accept them. If such a possibility does provably not exist, the Recipient is authorized to withdraw from the contractual relationship as a whole or in part without damages/penalties. Proof shall be rendered by the Recipient.
§ 10 Obligations of the Supplier in terms of information, early termination of the contract in case of cessation of payment, insolvency
10.1 The Supplier has to inform the Recipient without no delay in a text form about any transfer of contract occurring by operation of law and/or any change of the company name, relocation of the seat and change of the Supplier’s ownership structure by more than 50%.
10.2 If the Supplier ceases to make payments or execution is levied against its asses and is not discontinued within a period of three weeks or if a preliminary insolvency administrator is appointed or insolvency proceedings are instituted against its assets, the Recipient shall be entitled to terminate the contract as a whole or in part without sanction with immediate effect or, as an alternative, with draw from it. The Supplier must refund any payment on account received without right of retention. Deliveries made must be returned by the Supplier as well.
10.3 If the Recipient decides to terminate the contract in the above cases/deliveries/services performer until that time shall only be accounted for at contract prices to the extent that they can be properly used. The damages incurred by the Recipient shall be taken into consideration when determining the status of settlements.
§ 11 Final provisions
11.1 The relationship between the parties is governed by the provisions of Polish law, in particular the Civil Code.
11.2 The place of jurisdiction for all disputes shall be the court in Opole. In addition, the Recipient shall be entitled to sue the Supplier at its own discretion in the court competent for the registered office of the company or branch or in the court competent for the place of performance of the contract.
11.3 The place of performance for all deliveries and services under this contract shall be Opole.
11.4 The Supplier agrees that, for handling the business transaction, the Recipient store, processes and, if applicable, possibly transfers to third parties the company and personal data of the Supplier and its employees, if it is necessary as part of the contract and ensures obtaining appropriate consents. The recipient ensures compliance with the regulations resulting from the The General Data Protection Regulation.
11.5 If any invidual parts of these GCP should be or become legally ineffective, that shall not affect the effectiveness of the remaining provisions. The ineffective provision shall be replaced by an effective provision that comes as close as possible to the economic purpose of the ineffective provision.
11.6 The Terms and Conditions become effective on 22 May 2023 and shall apply to all sales and supplies of Goods concluded by the Recipient after that date.
11.7 The Conditions are also available at https://ikonosmedia.eu/, location Poland, section SUPPORT (Terms and Conditions of Purchase).
11.8 The Conditions has been issued in English and Polish language version. In case of any language discrepancies, the Polish version shall prevail.

§1 General Scope
1. The current General Conditions of Sale and Delivery apply to all Companies / Customers / Buyers / Entrepreneurs / Recipients (hereinafter collectively referred to as “Customer” or “Customers”) that start any business relations with IKONOS, a Large Format Printing media Supplier (hereinafter referred to as “Supplier”), that is relations which include orders for any products or services.
2. By accepting the order, the Buyer accepts the General Terms and Conditions (GTC) available at ikonosmedia.eu/terms-and-conditions/

§2 Offers and Orders
1. Any and all offers shall be not-binding unless otherwise agreed in writing. All offers are subject to change, about which the Customers will be informed by the Supplier in writing.
2. Orders will only be accepted subject to the following conditions. Any conditions of the ordering party (Customer) deviating from these will only become binding when confirmed by the Supplier in writing.
2.1. Orders are regarded as placed after a written confirmation given by the Supplier. From this moment the contract between the Supplier and Customer is regarded as being in force.
2.2. While confirming the order the Supplier shall inform the Customer about the approximate date when the goods will be ready to send or pick-up. The Supplier reserves the right to change the approximate date of goods readiness or even the scope of order when any external or internal problems occur. In such case, the Supplier shall inform the Customer about arisen troubles and the new possible date of order readiness.
2.3. Additional modifications of the order, caused by the buyer, shell entitle the Supplier to correspondingly adjust the terms of order readiness.
2.4. If the whole order cannot be delivered within the same date, the Supplier shall inform the Customer immediately about the level of order readiness. In such case the Customer may choose partial deliveries, which however will be regarded as being independent business transactions, in which the Customer will be charged for the shipping.

§3 Pricing
1. The prices are set individually and independently with every Customer, dependent on mutual arrangements between the Customer and Supplier. The Supplier reserves the right to reasonably increase the prices, especially when the prices of raw materials used for LFP media production go up considerably.
2. In case of price increase, the Supplier shall inform the Customers about it in writing.
3. Unless otherwise agreed, all prices given by the Supplier are “ex works” and exclusive of VAT The Customer bears any fees, taxes and duties in connection with the deliveries.

§4 Terms of Payment
1. Unless otherwise agreed, all invoices (or proforma invoices) must be paid in advance.
2. Longer terms of payment are only possible after a written acceptance by the Supplier. In some cases, to give the Customer payment terms, the financial
statements of the Company (e.g. balance sheet, profit and loss account) will be required.
3. In case of delays in payments made by particular Customer, the Supplier reserves the right to stop deliveries to the Customer that exceeded the payment period.

§5 Delivery and Responsibility
1. Delivery periods and dates shall only be binding upon the Supplier’s confirmation.
2. In case of Customer’s pick-up of goods, the dispatch can only be made when the Supplier gives notice of readiness for dispatch. Unless agreed otherwise, the Customer shall collect the goods within 2 weeks of such notification of readiness. If the delay in goods collection exceeds 2 weeks, the Supplier has the right to withdraw from the agreement.
3. Force majeure and other circumstances which are outside of our responsibility, such as, for example, war, strikes and other industrial actions, emergency, insurrection, lack of personnel or raw materials, machine damages or delays in transportation entitle the Supplier, at his own discretion, to demand extension of the delivery dates following cessation of the delaying event or to withdraw from the contract. The same applies also in the event that these circumstances occur at his sub- sub-suppliers.
4. The dispatch of the Supplier’s goods is effected “ex works” at the risk of the Customer, even in the event that the shipment is organised and paid by the Supplier.
5. In case when the Customer does not receive the goods or refuses to receive it in the agreed period, after formerly placing the order, the Supplier reserves the right to place the goods in a chosen warehouse at the Customer’s own cost and risk. At the same time, the Supplier has the right to ask for a refund for the transportation of undelivered goods.
6. Goods may be subject to deviations in sample, colour, nature, weight, or pallet weight etc., which are customary in trade and commerce. The Customer has the right to receive information from the Supplier about the tolerance regarding those criteria. The buyer is responsible for any breach of copyright in the case of items made to order. In as far as we supply technical consultation or assistance for the application of our products, this is done on the basis of our latest technical experience as an accommodation. No warranty or compensatory claims of any kind may be deduced from such.
7. The goods remain our property until complete payment of all due amounts. The customer is obligated to handle the goods with due care.

§6 Warranties and Liability

1. When purchasing any product from the supplier’s range, the buyer is obliged to read and comply with the official technical datasheet issued by the supplier for the indicated product.
2. The buyer is obliged to examine each delivery immediately upon arrival. Any apparent defects (including damage during transit), incompleteness of goods or any other variances from the confirmation of the order have to be notified immediately but latest within 72 hours upon arrival of the delivery at the destination in writing by specifying the defect, incompleteness or other variances, and quoting the (proforma) invoice number. Any claims of the buyer because of defectiveness or incompleteness of the goods are excluded if the aforesaid obligations are not met.
3. Any evident defects, that can be notified by general inspection, excluding the defects occurred during transportation (mentioned in point 1.), have to be reported in writing immediately to the Supplier, but not later than 5 days from the goods collection.
4. Any hidden defects (including defects of the surface, which might have occurred during manufacturing) have to be notified immediately, but not later than 3 months from the goods collection. The situation does not concern improper goods storage by the Customer. Any hidden defects have to be reported to the Supplier in writing, by stating the range and character of the defect.
5. The Customer has to immediately inform the Supplier about any notice of defective goods of his clients. Thus, if the defect has been discovered during the process of printing on the material, the Customer must stop the printing immediately and inform the Supplier about the fault that has occurred. If the Customer fails to meet this obligation, he shall not have any claims based on the defective goods against the Supplier, nor shall the Supplier be obliged to indemnify his Customer.
6. If the goods are defective, the Supplier should have the possibility to provide faultless substitution. Only if such faultless substitution is impossible, unreasonably extensive for the Supplier or unreasonable for the Customer, the Customer has the right to price reduction within next order. If the defects are essential, the Customer has the right to withdraw from the contract.
7. Goods If the Customer wants to exchange the defective material into a new roll, the whole defective roll in the original packaging (most preferably with the faulty printout on which the defect has been discovered) must be returned to the Supplier.
8. The goods remain our property until complete payment of all due amounts. The customer is obligated to handle the goods with due care.

§7 Disputes
1. If it is not possible to settle disputes amicably, the parties submit them to the courts appropriate for the seat of the Seller. The applicable laws for any disputes shall be the laws of Poland, which shall govern all legal relationships between Media IKONOS Sp. z o.o and it’s customer . The proper Court of Opole shall have exclusive jurisdiction over all claims or disputes arising out or remaining in connection with the disputes.
2. Only Polish law applies to the GENERAL CONDITIONS OF SALE AND DELIVERY and Agreements

§8 Final provisions
1. The Seller makes these GENERAL CONDITIONS OF SALE AND DELIVERY available on its website in a way that enables its storage and reproduction in the ordinary course of activities by the Buyer.
2. The GENERAL CONDITIONS OF SALE AND DELIVERY in the above wording apply to all sales contracts
3. The Buyer may not transfer the rights or obligations under the Agreement to third parties without the prior written consent of the Seller.
4. The Seller reserves the copyrights to all designs, drawings, illustrations, calculations and other documents related to the Goods. Unless it serves to promote or advertise the Goods offered by the Seller, the Buyer has no right, without the prior written consent of the Seller, to transfer, duplicate, make available to third parties or otherwise distribute these documents.
5. All information obtained by the Buyer from the Seller regarding the principles of shaping commercial cooperation between the Seller and its contractors, methods of organizing production, distribution and advertising, as well as the technology used and technical changes and achievements, constitute a business secret within the meaning of Art. 11 of the Act on Combating Unfair Competition of April 16, 1993.