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In accordance with the Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (hereinafter GDPR), be advised that:
– The administrator of your personal data is Inter-Metal S.C. headquartered in 76-009 Bonin, Bonin 44C (hereinafter referred to as Inter-Metal).
– Contact details of the Data Protection Officer at Inter-Metal: e-mail: rodo@inter-metal.pl, phone: 538-244-844mailto: rodo@inter-metal.pl
– The legal basis for the processing by the Administrator of your personal data is:
- in case a contract is concluded, personal data will be processed in order to implement the provisions contained in the contract – the legal basis for the processing of personal data is in this case Article 6(1)(b),
- personal data may be processed for the purpose of sending commercial information, including marketing information in relation to own products and services by electronic means and/or by telephone – the legal basis for the processing of personal data for marketing purposes is Article 6 (1)(a),
- personal data may be processed in order to pursue claims for the business activity conducted by Inter-Metal S.C – the legal basis for the processing of personal data is in this case Article 6(1)(b),
- personal data may be processed in order to fulfill legal and tax obligations in connection with the business activity pursued by Inter-Metal S.C – the legal basis for the processing of personal data is in this case Article 6(1)(b),
- personal data to the extent indicated in the provisions of the labour law will be processed in order to carry out the current recruitment process, pursuant to Article 6(1)(b) of the GDPR. Other data provided for this purpose or in order to participate in future recruitments will be processed on the basis of the consent given, in accordance with Article 6(1)(a) or Article 9(2)(a) of the GDPR.
– We do not process personal data by automatic means.
– Recipients of personal data will process the data, based on data processing agreements, in accordance with the applicable personal data protection law, in particular the entities involved in the processing of orders, e.g. courier service, IT service with the assistance of which delivery is being carried out or other entities, when it is necessary to accomplish the above-named goals.
– Personal data will be processed throughout the duration of the cooperation, and after the cooperation, the data will be deleted, unless the law or the interest of Inter-Metal as a data administrator will oblige the company to further process the data.
– You have the right to access your data and the right to rectify, erase, limit the processing, as well as the right to transfer the data, to object, to revoke the consent to the processing at any time without affecting the lawfulness of the processing which was made on the basis of the consent given prior to its withdrawal.
– You have the right to lodge a complaint with the Personal Data Protection Office when you feel that the processing of your personal data violates the provisions of the General Data Protection Regulation of 27 April 2016.
1. Glossary
OWDS – General Terms of Delivery / Sales
Seller – Inter-Metal S.C. with its registered office in Bonin
Buyer – entity purchasing goods / services (Inter-Metal contractor)
Incoterms – International Trade Conditions. A set of rules defining the terms of sale.
EXW EX Works (ex-works) – means that the seller delivers the goods at the disposal of the buyer (for example, in a factory or warehouse), and the place of delivery does not have to be the seller’s premises. However, it is recommended that the parties specify as precisely as possible a specific point within the designated place of delivery. In order for delivery to take place under this rule, the seller does not have to load the goods onto any receiving vehicle or clear the goods in export, if such clearance is applicable.
FCA Free Carrier (delivered to the carrier) – means that the seller delivers the buyer’s goods in one of two ways:
- when the designated place is the seller’s premises, the goods are delivered if they are loaded onto the means of transport organized by the buyer
- where the designated place is another place, the goods shall be deemed to have been delivered upon loading onto the means of transport of the seller if they have reached that other designated place and are ready to be unloaded from that means of transport of the seller and are at the disposal of the carrier or of another person designated by the buyer.
CPT Carriage Paid To – means that the seller delivers the goods and transfers the risk to the buyer by handing them over to the carrier involved by the seller or by delivering the goods. The seller shall transfer the physical possession of the goods to the carrier in a manner and place appropriate to the means of transport used. Once the goods have been delivered to the buyer in this way, the seller does not guarantee that the goods will arrive at the place, they will be in good condition and in the indicated quantity, because the risk passes from the seller to the buyer when the goods are delivered to the carrier. However, the seller must conclude a contract for the carriage of the goods from the delivery to the agreed destination.
CIP Carriage and Insurance Paid To – means that the seller delivers the goods and transfers the risk to the buyer by handing them over to the carrier involved by the seller or by delivering the goods. The seller shall transfer the physical possession of the goods to the carrier in a manner and place appropriate to the means of transport used. The seller – unlike in the CPT rule – must conclude an insurance contract against the risk of loss or damage of goods by the buyer, from the point of delivery to at least the point of destination.
DAP Delivered at Place – means that the seller delivers the goods and transfers the risk to the buyer when the goods are left at the buyer’s disposal on the incoming means of transport, ready for unloading at the designated destination or at an agreed point within that place, if such point is agreed. The seller bears all risks related to the delivery of the goods to the designated destination or to the agreed point within this location. In the DAP rule, delivery and arrival at destination are therefore the same.
DPU Delivered at Place Unloaded – means that the seller delivers the goods and transfers the risk to the buyer, when the goods after unloading from the incoming means of transport are left at the buyer’s disposal at the designated destination or at an agreed point within this place, if such a point is agreed. The seller bears all risks related to the delivery and unloading of the goods at the designated destination. In the DPU rule, delivery and arrival at destination are therefore the same. The DPU is the only rule that requires the seller to
unload the goods at the place of destination. The seller should therefore ensure that he is able to arrange the unloading at the designated place. If it is the intention of the parties that the seller bears no risk and costs of unloading, this rule should be avoided and the DAP rule should be applied.
DDP Delivered Duty Paid – means that the seller delivers the goods to the buyer when the goods are left at the buyer’s disposal, import-cleared, on incoming means of transport, ready for unloading at the designated destination or at an agreed point within this place, if such a point has been agreed. The seller bears all risks related to the delivery of the goods to the designated destination or to the agreed point within this location. In the DDP rule, delivery and arrival at destination are therefore the same.
FAS Free Alongside Ship – means that the seller delivers the goods to the buyer when the goods are placed along the side of the ship (for example, on a quay or barge) designated by the buyer in the designated port of loading. The risk of loss or damage to the goods passes to the buyer when the goods are located along the side of the ship and the buyer bears all costs from this point on.
FOB Free on Board (delivered to the ship) – means that the seller delivers the goods to the buyer on board the ship designated by the buyer at the designated port of loading or when it causes the goods to access. The risk of loss or damage to the goods passes to the buyer when the goods are on board the ship and the buyer bears all costs from this point on.
CFR Cost and Freight – means that the seller delivers the goods to the buyer on board the ship or will cause the delivery of the goods. The risk of loss of or damage to the goods shall pass to the buyer when the goods are on board the vessel in such a way that the seller is deemed to have fulfilled his obligation to deliver the goods, whether or not the goods actually arrive at their destination, in good condition and in the quantities indicated. In this rule, the seller is not obliged to insure the goods: the buyer is therefore advised to take out an insurance for himself.
CIF Cost Insurance and Freight – means that the seller delivers the goods to the buyer on board the ship or will cause the delivery of the goods. The risk of loss of or damage to the goods shall pass to the buyer when the goods are on board the vessel in such a way that the seller is deemed to have fulfilled his obligation to deliver the goods, whether or not the goods actually arrive at their destination, in good condition and in the quantities indicated. The seller must also conclude an insurance contract against the risk of loss or damage of the goods by the buyer from the port of loading to at least the port of destination.
*Description of the rules based on the official user guide of the International Chamber of Commerce Incoterms® 2020 Polish-English version (ICC No. 723 PL/EN).
2. Collection of goods / delivery
The Buyer undertakes to carefully examine the goods at the time of their receipt in terms of quantity and quality, in terms of any visible defects. Upon examination of the goods, a WZ (external release) document will be signed. Signing a goods release document by the person collecting the goods will be equal to stating the compliance with the order in terms of quantity and quality, and the lack of defects which could be detected during careful examination of the goods during delivery / collection.
In the event that the buyer finds defects in the delivery by:
- a) Forwarding agent (DB Schenker/UPS/other courier service) – a damage report should be drawn up with photos of the damaged consignment, and immediately notify the seller about this fact, attaching a damage report within 5 days. At a later date, complaints will not be taken into account.
- b) DAP by the seller – complaint to the seller.
The liability resulting from the General Terms of Delivery and Sale (OWDS) or the law will not release the seller from the liability under the warranty if the defect is detected within 14 days from the date of issue of the document. The above-mentioned period of warranty does not apply if the buyer is aconsumer.
In the case of defects that cannot be detected upon collection, the buyer will be obliged to notify the seller about the defects within 30 days of the receipt of goods.
The buyer undertakes to make the defective goods available in the delivery condition for inspection by the seller whenever requested. If the goods are processed, the seller’s liability for defects shall expire.
