General Terms and Conditions of Cooperation
COOPERATION TERMS AND CONDITIONS
- GENERAL PROVISIONS
These Terms and Conditions shall set forth the manner and form of ordering services from OBIO Production House Sp. J. The following provisions shall constitute an integral part of the order, the placement whereof shall mean the acceptance of the Terms and Conditions.
II. REQUEST FOR QUOTATION
All requests for quotation shall be made in writing, via electronic means to an e-mail address or delivered in person to the Company’s registered office at ul. Św. Michała 100, 61- 005 Poznań. The Ordering Party shall read and accept the cooperation terms and conditions. A request for quotation shall specify:
– type and name of the service (e.g. project development, brochure design and printing, etc.),
– form, quantity, materials to be used (e.g. offset printing, quantity, type and grammage, enrichments or refinements, if any),
– information on the manner of delivery and the type of source materials or finished projects to be delivered,
– completion date and manner of delivery/receipt,
– e-mail address whereto the quotation shall be sent.
III. ORDER PLACEMENT AND ACCEPTANCE
1. Order placement and acceptance
1) The terms and conditions specified in the order accepted for execution shall apply exclusively to that order, whereas the additional fixed terms and conditions of cooperation, other than those specified herein, shall be agreed upon separately in annexes hereto.
2) Should the Ordering Party withdraw from the order, the Ordering Party shall pay the Contractor a one-time compensation equal to sixty per cent (60%) of the gross value of the cancelled order.
2. Preparation of electronic data file for production
1) Additional remuneration for the Contractor for making changes – agreed upon with the Ordering Party – in the production file shall be added to the invoice price for the product.
2) Should the Ordering Party have no reservations to the proof copy prior to the commencement of production, it shall be construed as the acceptance of the product compliant with the proof copy, in particular the colour scheme.
3) Any complaints related to the product shall be processed exclusively on the basis of the order, proof copy and the information in the production file available at the Contractor’s.
4) Should the Ordering Party fail to file a complaint in accordance with point 10, after seven (7) days of the date of completion of the order the Contractor shall have the right to delete the proof copies and production files.
IV. DESIGN PROCESS
3. The order may not be executed without the Ordering Party’s source materials (logo, text of the offer, photos, product/service specification, etc.) necessary to prepare the project.
4. When placing an order, the Ordering Party shall provide all of the necessary information pertaining to the execution and form of provision of the service (colour scheme, nature of the project, type of graphic layout, etc.), whereafter the design process shall begin and be consulted with and accepted by the Ordering Party on an ongoing basis.
5. After completion, the project shall be sent to the Ordering Party for final acceptance.
1) The Ordering Party shall be obliged to thoroughly check the content and the graphics of the completed project, as well as indicate errors or provide comments, if any.
2) Should any errors be found after the accepted projects have been printed, any complaints pertaining thereto shall not be taken into account.
3) After the final project has been accepted, the order shall be finalised.
4) Should the order comprise just the project, it shall be delivered in the agreed form (e.g. electronically via e-mail or, in case of projects too big to be sent via e-mail, available for download from OBIO Production House Sp. J. FTP server).
V. EXECUTION PROCESS
6. The completion dates shall be determined individually. All of the completion dates shall be specified in working days. The term „working day” shall refer to any day other than Saturday, Sunday and public holidays.
1) The order completion date shall run from the date of placing the order in writing and sending the files ready for printing.
2) Should the Client place the order and deliver the file after 10 a.m., the completion date shall run from the next working day.
3) The completion date shall be extended by the period resulting from any changes in the arrangements or in case of any force majeure events beyond the control of the Contractor.
7. OBIO Production House Sp.J. shall require the delivered computer file to be compliant with the specifications available at www.obio.com.pl.
8. The Ordering Party shall be fully responsible for any legal defects resulting from the content and form of the files delivered for printing, including but not limited to any infringements of third party rights.
9. The Ordering Party shall represent that the files sent shall be free of any viruses and shall not cause any malfunction of the software or any computer devices.
1) The Contractor shall not be responsible for inappropriate preparation of the files for printing.
2) The files shall be printed upon checking their accuracy by the Ordering Party.
3) Should the files be inappropriately prepared for printing, the Contractor shall inform the Ordering Party thereof, and the Ordering Party shall be obliged to accept the revised and corrected files.
10. OBIO Production House Sp.J. shall not be responsible for any delays by fault of the Client (e.g. failure to accept the projects or proof copies, failure to deliver the materials or necessary documents on time).
11. Any orders wherefor a correctly prepared file has not been delivered, shall be deleted upon the lapse of two weeks of the day of sending notice about the incorrectly prepared file by OBIO Production House.
12. In case of files delivered to OBIO Production House Sp. J. via online, the company shall delete such files upon the lapse of three weeks of the day of receipt or dispatch thereof.
1) Any electronic carriers whereon the files have been delivered shall not be sent back to the Client.
2) Upon the lapse of three weeks of the completion of the order, such carrier shall be destroyed, along with its content, unless it shall be agreed otherwise with the Client.
3) The Client’s intellectual property contained in the Client’s files sent online to OBIO Production House Sp.J. shall be protected against access from third parties.
VI. PRODUCT DELIVERY AND RECEIPT
The deliveries shall be executed by OBIO Production House or by shipping companies. The date of delivery by shipping company usually equals 24 (twenty four) hours (except for Saturdays, Sundays and public holidays). The cost of delivery of materials for printing and the completed orders shall be borne by the Ordering Party. OBIO Production House Sp.J. shall not be responsible for any damages incurred during transport, nor for any delays on the part of the shipping companies. Upon the request and at the expense of the Client, the delivery may be insured. Any materials delivered at our expense shall be re-invoiced. We shall require the Client to check the condition of the delivery in the presence of the delivery man and, if need be, prepare a shipping damage report signed by the shipping company representative. Orders may be collected in person at the company’s office (please first contact us by phone).
OBIO Production House Sp.J. shall not interfere, without the knowledge and acceptance of the Client, in the content and colour scheme of the project files and shall not make any corrections therein, including but not limited to any corrections with regard to orthographic and grammar mistakes and the colour values.
13. In the case of first order, the Ordering Party shall be obliged to make an advance payment equal to 100% of the order value on a mutually agreed date.
14. Payments may be made using one of the following methods:
– payment in cash upon collection,
– prepayment onto bank account,
– bank transfer with deferred payment (for regular customers only). In case of late payments, statutory interest shall be charged for each day of the delay.
VIII. ORDER RECEIPT
There are two methods of order receipt:
– personal collection,
– courier mail.
Terms and Conditions of filing complaints to OBIO Production House Sp.J.
15. Any complaints pertaining to the nonconformity of the product with the order shall be made in writing within 48 hours of receiving the delivery. The order may be executed again or the payment reimbursed provided the Contractor has received all of the products ordered, unless the Parties agreed otherwise. The products subject to the complaint shall be sent by courier to the address of the Ordering Party at the expense of OBIO Production House Sp.J.
16. Complaints shall be processed within seven working days of receiving the faulty product by OBIO Production House Sp.J. An employee of the sales department at OBIO Production House Sp.J. shall inform the Client about the decision regarding the complaint. Should the complaint be rejected, the Client shall bear the costs of the delivery and re-delivery of the products subject to the complaint.
Complaints related to colour differences.
Graphic files shall be printed in the form delivered by the Client. OBIO Production House Sp.J. shall not be obliged to check the files or introduce any changes or modifications therein. In order to match the colours of the product, a proof copy (Proof, Cromalin, etc.) shall be provided prior to the printing, against which the colours shall be controlled. The Client may prepare the proof copy at OBIO Production House Sp.J. In such case, the materials shall be printed on the basis of the proof copy upon its previous acceptance by the Client.
A proof copy shall be certified, i.e. contain a colour bar and the result of the measurement confirming the compliance with the profile. A proof copy without a colour bar shall not be considered a reliable comparison material. A proof copy shall be made after the last corrections have been made, otherwise it shall not be considered valid printing material.
Complaints related to damages incurred during transport.
Such complaints have to be made upon the receipt of the delivery. The recipient shall be obliged to prepare a shipping damage protocol at the presence of the shipping company and notify OBIO Production House Sp.J. without any delay and in writing. Any complaints that fail to comply with the above procedure shall not be considered.
X. Administration of personal data of the clients of OBIO Production House Sp.J.
1. Your personal data shall be administered by OBIO Production House Sp. J., having registered office in Poznań (61-005), at ul. Św. Michała 100, hereinafter referred to as the Company.
2. Your personal data shall be processed for the purpose of marketing the products and services of the Company and shall not be made available to any other recipients.
3. The Company has obtained your personal data as a result of previous cooperation.
4. Placing an order at OBIO Production House Sp.J. shall be construed as agreeing to the processing of personal data for the purpose of marketing of the products and services of the Company.
5. You shall have the right of access to your personal data, as well as the right to correct such data.
6. Under Article 32 (1) (7) of the Act on the Protection of Personal Data, you shall have the right to make a written, duly justified request to cease the processing of your personal data due to special circumstances, as well as, under Article 32 (1) (8) of the Act on the Protection of Personal Data, you shall have the right to appeal against the processing of your personal data for marketing purposes or against making such data available to any other data administrator.
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