The data controller’s privacy policy is information on the processing of personal data and other information regarding users of the website www.saiconautomation.com (hereinafter referred to as the “Website”). In this privacy policy, the data controller has included all the information required by the GDPR Regulation.

The privacy policy contains information on the processing of data obtained by the Website. Detailed information on the use of cookies or other similar technologies can also be found in the Cookie Policy.

1.1     Offers made by the Provider are non-binding unless they are submitted in writing or via electronic data transmission and when they are explicitly specified as binding.

1.2     The information provided in catalogues, folders, Internet services, in pictures and technical drawings or other advertisement means (“Information Materials”) is of solely informational nature and such Information Materials shall be binding for the Provider only if it is confirmed in writing by authorized staff.

1.3     The Provider reserves the right to introduce any amendments in the any Information Materials at any time with no obligation to inform about such amendments.

1.4     Orders must be made in written form (“Order”); this condition is also met if Orders are placed via electronic data transmission. This written form requirement shall also apply for any amendments and supplements of Orders.

1.5     By making the Order the Client accepts the provisions of these GTC in full, without any supplements, reservations, limitations or any other changes.

1.6     The acceptance of the Order by the Provider shall be made in writing or via electronic data transmission.

1.7     The Order shall only be considered as having been placed if it is accepted by the Provider (as per point 1.6) unless the Order is accepted by the Provider no service contract shall be considered as concluded.

• If the Order is accepted by the Provider in full, the service contract shall be considered concluded.
• The acceptance of the Order which contains supplements, reservations, limitations or other changes shall be considered as refusal of the Order by the Provider and shall form a proposal by the Provider to conclude the service contract, even if the supplements, reservations, limitations or other changes do not substantially change the order conditions. In such case, the service contract shall be considered concluded only if the Client confirms such proposal in writing or via electronic data transmission.
• If the Provider does not accept the Order as per point 1.6 within 7 working days or reject the Order explicitly, the Order shall be deemed rejected by the Provider and no service contract shall be deemed concluded.

1.11   Any deviations from these GTC shall only be valid if accepted by the Parties in writing or via electronic data transmission.

1.12   Each Party may request a change in the service contract by providing a change order (“Change Order”). If the Change Order is submitted, the Provider will: (i) calculate the effect of the proposed Change Order on the contract terms, timelines, charges, fees and other payment terms or (ii) reject any Change Order submitted by the Client. The Change Order shall be deemed binding only if accepted by both Parties.

The Client may not withdraw, introduce any changes to, or otherwise amend the Order without prior consent of the Provider expressed in writing or via electronic data transmission

2.1     Offers made by the Provider are without obligation and non-binding unless they are expressly designated in writing as binding.

2.2     The price stated in the Order accepted by the Provider (as per point 1.6) is binding. The price shall be net of any tax and applicable tax or any VAT or sales tax shall be added.

2.3     Invoices shall separately indicate applicable VAT tax. The Parties agree to issue and send to each other the accounting documents in electronic forms.

2.4     Payment shall be made within 15 days after the date of invoice except if the date has been set in the offer. The period of payment stated in the VAT invoice shall begin on the date of issuance of the sale document.

2.5     The payment is deemed to have been made on the date when the bank account of the Provider is credited.

2.6     Should the Client be late with payment, the Provider will have the right to impose on Client interest for each day of delay at the maximum rate admissible by relevant law.

2.7     The Client shall not be entitled to withhold any sums or offset any claims that it may have against the Provider against the price to be paid for provided services.

2.8     In the event of delay in invoice payment which exceeds  14 days, the Provider will be entitled to notify the Client that all outstanding liabilities of the Client due to the Provider (also under other contracts or invoices) become payable, even if not due for payment yet. In addition, for any Client’s liabilities under accepted but not yet executed Orders, the Provider shall have the right to claim full payment and to suspend performance until such prepayment is made, and cancel the contract if the prepayment is not made within 7 days from the request.

2.9     If any payment is overdue by more than 30 days, the Provider may withdraw from the service contract to which the delay applies, as well as any other agreement entered into with the Client that is subject to these GTC.

3.1     Dates of provision of services will be determined by the Provider in the confirmation of the Order.

3.2     Provided nothing to the contrary is stated explicitly in the Order, services will be provided by workforce designated by the Provider to carry out the project on the basis of the Order. The Provider is free to provide services by its employees or subcontractors.

3.3     Unless otherwise agreed in writing by the Parties, the methods of providing the services shall be at Provider’s sole discretion.

3.4     Unless otherwise agreed in writing by the Parties, all additional or extraordinary charges shall be the responsibility of the Client and will be invoiced as a separate line item to be paid by the Client.

3.5    The Provider reserves the right to extend the dates of provision of the services due to Change Order and/or other circumstances beyond reasonable control of the Provider.

3.6  The Provider shall not be liable for any delays in the provision of the services and performance that are caused by circumstances for which the Client is responsible or any other circumstances beyond the Provider’s control.

3.7 In the event the Client reduces the assumed duration of the project carried out on the basis of the Order below the number of working days specified in the Order, and/or the delegated workforce for the project carried out on the basis of the Order is not fully utilized due to circumstances not attributable to the Provider (“Downtime”),

1. the Client shall be obliged to pay a daily Downtime rate (“Downtime Rate”).
2. Downtime Rate will be indicated by the Provider in the offer. The Downtime Rate covers overall costs of Downtime (accommodation, traveling costs) and payment of Downtime Rate does not exclude further claims for damages caused to the Provider.

4.1     Either Party shall not be liable for failure to perform or a delay in performance, if caused by the act of force majeure. In such case, the terms and conditions of service shall be modified if necessary to accommodate the consequences of force majeure, and both Parties shall agree on new terms and conditions.

4.2     Force majeure shall mean, in particular, events such as natural catastrophe, unrest, official intervention, transport disruption, strikes, lockouts, pandemic, martial law, not culpable disruptions to operations in both the Provider’s company and also in Client’s business and the business of their subcontractors.

4.3     If Force Majeure last for more than three months, then the Provider shall be entitled to withdraw from the contract. The Client shall not be entitled to any claims arising from the delay in the time of provision of services or cancellation of the service contract.

5.1     The warranty for the services rendered by the Provider covers 12 months from the date the services were performed. The warranty is valid for the Client only.

5.2     The Provider shall provide the Client with producer warranty documents for the products installed by the Provider.

5.3     Upon delivery at agreed destination, the Client shall be obligated to inspect the performed services and devices covered by the service for any quality deviations and to undersign the worktime card and the service acceptance protocol; any objections shall be reported to the Provider without delay. If so indicated in the Order, the acceptance of services may also be based on protocols for the acceptance of works in stages.

5.4     The Client’s report of deviations shall include technical parameters which are not fulfilled. If the defects/deviations are visible, photographs should be attached to the Client’s report. In case the information delivered by the Client is not sufficient to examine the claim, the Provider may reject such claim. Should the Client fail to follow this procedure, the warranty expires.

5.5     Any notification of any possible defects under warranty shall be made by the Client in accordance with the following procedure:

1. The complaint shall be lodged by the Client no later than 14 working days from the detection of the defect.
2. The detailed complaint shall be sent to Saicon in written form.
3. The notice of complaint shall include nature and extent of the alleged defect;
4. The Client shall be obliged to make the installations available for inspection on site by the Provider or other persons appointed by the Provider.

5.5     Under the warranty the Provider undertakes to remove physical defects of the installation caused by defective raw materials, design or workmanship.

5.6     The warranty set out in this section shall not cover any non-standard services which have been performed in line with a Client’s instructions or at the Client’s request, or in agreement with the Client. Terms and conditions of warranty for such services may apply only if separately agreed between the Provider and the Client in writing, otherwise being null and void.

5.7     The Provider shall not be liable under warranty if the price for the services has not been paid in full by the due date for payment.

5.8     The warranty does not cover normal wear and tear or damages arising from negligence, absence of supervision, inappropriate use or failure to observe appropriate good practices.

6.1.    The Provider shall only be liable for damages caused by the Provider to the Client as a result of intent or gross negligence of the Provider. Other claims of whatever nature, under whatever title, in particular, claims for compensation of indirect damage or consequential damages, lost profit or several losses, incurred by the Client or a third party are expressly excluded.

6.2.    The total Provider’s liability for the non-performance or improper performance of any contract regulated by these GTC shall be in any case limited to the amount paid by the Client for the services the Client was provided with by the Provider.

6.3.    The Provider shall not be liable for any non-performance, improper performance or delay in performance of any contract regulated by these GTC, if such non-performance, improper performance or delay in performance is caused or related to any act or omission of the Client.

7.1.    The Provider shall have the right to terminate the agreement without notice, in case:

1. the Client is in delay with any payment, which exceeds 30 days;
2. the Client breaches the service contract and fails to remedy such breach (if remediable) within 14 days after being notified by the Provider;
3. any of the following events occurs:
4. commencement of enforcement proceedings against any of the Client’s assets;
5. a receiver is appointed with respect to any of the Client’s assets;

• a petition is lodged for winding up of the Client; or any resolution is passed in this respect by Client’s corporate body;

1. the Client becomes insolvent;
2. the Client suspends or threatens to suspend payments of its debts or is deemed unable to pay its debts;
3. any event in any jurisdiction equivalent to circumstances indicated in points (i) to (v) above;

• the Provider has reasonable grounds to believe that any of the events mentioned in (i) to (v) above is likely to happen within a period of three months.

7.2.    In case of termination of the service contract for whatever reason:

1. the Provider shall be discharged from any further obligation to perform under the service contract;
2. the Client shall pay the Provider for all work performed by the Provider prior to termination of the service contract;
3. the Client shall immediately return to the Provider, at Client’s expense, all equipment delivered under the service contract, for which the price has not been settled in full by the Client.

8.1.    All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights and other information or intellectual property disclosed or provided by the Provider to the Client and all rights related to the above (collectively “Intellectual Property”) shall remain the sole property of the Provider and will be kept confidential by the Client.

8.2.    The Client shall have no claim to, nor ownership interest in, any Intellectual Property, and such Intellectual Property, in whatever form and any copies thereof, shall be promptly returned to the Provider upon written request from the Provider.

8.3.    No license or any other rights of use of any Intellectual Property are granted to the Client under the service contract.

All information delivered or made available by the Provider to the Client in connection with the service contracts or related to the services provided thereunder shall be treated as confidential information. The Client agrees not to use such information or disclose such information to other parties without the Provider’s prior written consent.

The obligations in this paragraph will not apply to any information which:

1. is generally available to the public by publication or otherwise without breach of Client’s confidentiality obligations;
2. was in the Client’s possession prior to its disclosure by the Provider; or
3. was made available to the Client by or through a third party without breach of any direct or indirect confidentiality obligation towards the Provider.

The Provider shall be entitled to assign or transfer its claims, rights or obligations under the service contract to any third party. By signing the service contract, the Client grants the Provider its express consent to such transfer.

The principles of personal data protection applied by the Provider are available at https://saiconautomation.com/privacy-policy/ and the Client confirms that he is familiar with these principles.

12.1.    The laws of the Republic of Poland shall apply to these GTC and to the contractual relationship between Client and the Provider.

12.2.    The United Nations Convention on the International Sales of Goods (CISG) shall not apply.

All disputes arising out of or in connection with these GTC or service contract shall be finally settled by the court of competent jurisdiction according to the Provider’s registered seat.