GENERAL TERMS AND CONDITIONS OF SALE (GTCS) OF KERBL EAST sp. z o.o.


I GENERAL PROVISIONS

  1. These terms and conditions stipulate the general terms and conditions of cooperation with Kerbl East Sp. z o.o., with its registered seat in 05-205 Wola Rasztowska, ul. Kwiatowa 8 B., entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register with KRS no.: 0000488452, NIP: 1251623673, REGON: 147000078, initial capital: PLN 5,000, hereinafter referred to as “Kerbl East”, relating to the sale of goods to entrepreneurs having their seats both in the European Union and outside it.

  2. The cooperation with Kerbl East shall be based on an individual agreement with a given vendor and on these General Terms and Conditions of Sale. Kerbl East reserves that other model agreements of entrepreneurs (vendors) shall not apply unless it is stipulated otherwise in the individual agreement. Rights and obligations of the Parties are specified solely in the executed individual cooperation agreement or in the sale agreement and in these General Terms and Conditions of Sale.

  3. The following definitions shall apply in these General Terms and Conditions of Sale:
    a) GTCS — General Terms and Conditions of Sale of Kerbl East.
    b) Parties — The Seller, i.e. Kerbl East, and the Buyer, being an entrepreneur running their business or professional activity in their own name.
    c) Written format — a document with a hand-written signature. E-mails shall be considered equivalent to the written format.
    d) Agreement — an individual cooperation or goods’ sale agreement by and between Kerbl East and the entrepreneur.
    e) Carrier — a transport company.
    f) Goods — a product offered commercially by the Seller at any given time.
    g) Goods release — shipment hand-over to the carrier.
    h) Business days — Monday to Friday, excluding any bank holidays as stipulated in the Act of 18 January 1951 on bank holidays.


II AGREEMENT EXECUTION

 

  1. The Agreement is executed by the Seller accepting the order placed by the Buyer for processing at the time when the Parties have agreed all the vital cooperation aspects (including the Goods’ selling price).

  2. Orders can be placed:
    a) via an online application at website https://kerbl-east.com
    b) by email message to email address: [email protected]

  3. The Order placed by email shall include:
    a) Contact details of the ordering party, including the business name, registered seat address and NIP or another, equivalent tax identification number;
    b) Goods’ designation, based on the trade name or catalogue number (compliant with the Seller’s code);
    c) Ordered quantity of Goods;
    d) For an order placed with the Seller for the first time, the Buyer shall enclose (scanned) copies of registry or other documents corroborating the authorisation to represent the entrepreneur.

  4. Placing an order via the online platform https://kerbl-east.com, you accept all articles, prices and quantities it includes, and it is tantamount to purchase confirmation.

  5. Five days after the order is received, the Seller confirms the order acceptance for processing and sends information on the Goods’ availability, the price list and a pro-forma invoice to the e-mail address used for order placement.

  6. The Buyer may confirm their order within 5 business days after they receive the information mentioned in paragraph 4 and execute the Agreement by paying the pro-forma invoice. If they do not pay it, it shall be construed to mean the order cancellation.

  7. If the Goods are not on stock in the warehouse or cannot be prepared for direct delivery for any other reason when the order is placed, the Seller shall notify the Buyer of the unavailability or the anticipated date of Goods’ availability within 5 business days.


III DELIVERY

  1. Delivery of Goods to the countries of the European Union takes place under the following terms and conditions:
    a) Incoterms 2020 DAP, EXW or as per the individual provisions of the Agreement.
    b) Transport costs for orders with a confirmed value of EUR 990 or more — transport cost of EUR 9.99 is paid by the buyer.
    c) Transport costs for orders with a confirmed value of less than EUR 990 — transport cost is paid by the buyer according to the following specifications:         
  • Lithuania — €34.90

  • Latvia — €44.90

  • Estonia — €59.90

       2. The Buyer shall be responsible for any additional shipping charges for oversized or bulky items. Fees:

  • Lithuania — €149

  • Latvia — €199

  • Estonia — €249

       3. Goods delivered outside the EU follow FCA according to Incoterms 2020, unless otherwise stated in the Agreement.

       4. The Seller shall notify the Buyer of the Goods’ readiness for collection and the place and preferred date of collection.

       5. The Buyer shall notify the Seller by email of the collection date at least 2 business days before loading.

       6. Goods are released to the Buyer’s Carrier based on details provided: vehicle registration, driver’s name and phone number.

       7. Goods are released only on business days: Monday–Thursday 08:00–15:30; Friday 08:00–13:00.

       8. The Seller shall not be liable for delays caused by reasons beyond their control, including Force majeure. The Seller shall notify the Buyer of the reason for delay unless circumstances make this impossible.

       9. If the delay exceeds 30 days, each Party may withdraw from the Sale Agreement without the right to claim damages.

      10. Both Parties must notify each other of any Force majeure event.

      11. Shelf life of shipped goods cannot be shorter than 90 days.


IV PACKAGING

  1. The Seller shall pack and secure the Goods to ensure safety during transport.

  2. The packaging, including the number of euro pallets, shall be selected by the Seller.

  3. If Goods are shipped on euro pallets to EU customers, the Buyer pays extra for each pallet. Non-EU customers have pallet costs included in the price.


V COMPLAINTS AND RETURNS

  1. The Seller does not accept returns of Goods delivered as per the Agreement.

  2. Warranty liability for defects is excluded. Damage liability is limited to the Goods’ sale value.

  3. Complaints must be submitted using the form on www.kerbl-east.com. Other forms are not accepted.

  4. Complaints for obvious defects must be made immediately, no later than 5 business days after acceptance. Hidden defects must be reported within 5 days of discovery.

  5. Quantity-related complaints must be submitted within 5 business days after delivery.

  6. The manufacturer grants the guarantee in accordance with the guarantee card. If none is provided, the Seller grants a 12-month guarantee. The Buyer may request repair only. The Seller must repair defects within 14 business days or replace the Goods at their discretion.

  7. For guarantee claims, the Buyer shall send the defective Goods to the Seller. If the complaint is accepted, the Seller covers return transport.

  8. For warranty purposes, the delivery date is the CMR waybill date (field 24). The Seller may request a copy of the CMR


VI PAYMENT

  1. The Buyer must pay the full order value within 5 business days after confirmation, to the bank account indicated in the pro-forma invoice. Failure to pay results in order cancellation.

  2. Other payment terms shall be specified in the Agreement.


VII RETENTION OF TITLE

Ownership of the Goods transfers to the Buyer only after full payment is credited to the Seller’s bank account.

 


VIII PRICES

  1. Transactions follow current prices stated in the order confirmation. The Seller reserves the right to change prices at any stage and shall notify the Buyer.

  2. The Buyer may withdraw from the Agreement within 3 business days after receiving notice of a price change. Failure to do so equals acceptance.


IX DISPUTES AND GOVERNING LAW

  1. Polish law governs Agreements unless Parties explicitly choose another law.

  2. If provisions of the Agreement conflict with GTCS, the Agreement prevails.

  3. Parties shall attempt to settle disputes by negotiation.

  4. If no agreement is reached within 30 days, the dispute shall be referred to arbitration selected by the Seller. Rules of arbitration shall be defined in the Agreement.

Kerbl East version 1_2026 r. 

Introduced 01.01.2026 r.

© Albert Kerbl GmbH
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