General Trade Conditions with Lynka
1.1 Orders are accepted in writing only on Lynka order form including the EUR VAT number (if applicable), full address, telephone and fax numbers, names of contact persons for The Customer, VAT, and the company seal signed with a legible signature of the person placing an order. Signing the Terms and Conditions and the order form authorizes LYNKA to issue the VAT invoice without the signature of the Customer.
1.2 The Customer must be authorized to represent the company. If the name of the person representing the company does not appear in the documents mentioned in item 1.3 a separate authorization must be sent for the Customer, signed by the person authorized to represent the company.
1.3 Placing an order with Lynka for the first time, the Customer is obliged to send an updated form of entry into the EU VAT No. Registration Certification (if applicable).
1.4 The Customer has outstanding payments due, LYNKA reserves the right to refuse the next order until the outstanding payments are settled.
1.5 Goods purchased by The Customer remain in the possession of Lynka until all payments for the goods are settled.
PAYMENTS & INSURANCE POLICY
2.1 An advance payment of 40% of the gross value of ordered goods is required before the order is processed, the balance to be settled by wire transfer within 14 days of the date of issuing the commercial invoice.
2.2 Lynka policy assumes insurance of all receivables by external insurance company. This can result in request for financial statements of the Customer which are necessary for assessing payment abilities of the Customer. In case an insurance limit for the Customer is not given, Lynka has the right to ask the Customer for another warranty of payment (bank guarantee, letter of credit) or increase the value of the advance.
2.3 Partial orders: when receiving shipment in several parts, the Customer shall cover transport costs of each part and shall receive an invoice for each delivered shipment.
2.4. Lynka will issue a commercial invoice for each batch. The advance payment will be deducted from each invoice, proportionally to the batch value.
2.5. In the event of cancellation of the order the Customer shall cover all the costs incurred by LYNKA while processing the order until the cancellation from the Customer is received.
2.6. In the event of outstanding payments LYNKA is authorized to calculate interests on late payments and to charge the payer for the costs of reminders. In the event of disputes, the Customer shall have no right to withhold the due payment or part of the payment for the purchased goods. Eventual clearing of the accounts resulting from the issues in dispute shall be done after the parties reach the mutual agreement.
2.7. Lynka shall assume responsibility for the order being processed up to its value only.
GOODS AND FINISHING
3.1 Due to a specific production process LYNKA is entitled to supply +/-5% of ordered goods. The Customer shall accept and pay for the goods ordered. LYNKA shall make all effort to assure that the shipment will not be smaller than ordered. Surplus and scrap material shall be donated to charity organizations or sold at LYNKA local fair. At The Customer’s request LYNKA may deliver seconds at agreed prices.
3.2 With Customer supplied goods, Lynka does not take responsibility for quality check of the goods. Lynka also may add a surcharge for handling of Customer’s goods. In addition to that, a 3-5% rejection rate must be accepted when printing on Client’s garments, while Lynka will not be responsible for any misprints in that range.
3.3. Lynka shall not assume responsibility for temporary shortages of goods with the suppliers.
3.4. Lynka is entitled to partial delivery of goods, each partial delivery shall be accompanied by a separate VAT invoice.
3.5. Lynka is entitled to settle the advance payment paid towards the outstanding liabilities resulting from the first invoice of the shipment being processed, and in case the value of the outstanding liability is lower than the advance payment, the advance payment may be settled towards further liabilities (invoices) until it is finally cleared.
3.6. LYNKA is entitled to make changes in quantities of ordered items for particular sizes of apparel products. Changes shall not exceed 10% of ordered quantity.
3.7. LYNKA shall not assume responsibility for differences between color of goods presented in the catalogue and the real color of ordered goods, and for different shades within ordered range of goods.
3.8. The company’s Logo, text of printing or embroidery and eventually graphic design shall be supplied by e-mail or CD along with the printout and detailed description of the size and color of a design. Making a design which does not meet LYNKA’s requirements shall result in extra charges calculated according to the current rate per one hour of a graphic artist’s work.
4.1 Each item of apparel product with printing and embroidery shall be poly bagged and then packed in cartons. This refers to orders placed for printing and embroidery. Apparel without printing and embroidery shall not be separately poly bagged. Each carton shall contain the description of quantity and size of packed apparel. Any other method of packing results in extra charges.
5.1 Prices of goods included in the Lynka pricelist are quoted EX WORKS Kraków, Lynka warehouse.
5.2 Where any cartons or goods have been damaged during their transportation, while accepting goods from the freight carrier the Customer shall note the fact on the shipping bill signed in the presence of the courier.
6.1 Only goods determined to be damaged or inconsistent with the order placed by the Customer Service Department in LYNKA shall be subject to claims. All quantity or quality shortages in any shipments shall be communicated to LYNKA in writing within 14 days of the day the goods were received by the Customer. The Customer will provide samples of the failing goods for LYNKA. LYNKA shall cover all transport costs resulting from the return of failing goods once the claim is accepted. The claim shall be settled within 10 days since it was filed. LYNKA will indicate the forwarder company.
6.2 After the goods have been resold to a further buyer, the responsibility for any quantity or quality defects shall be transferred to the Customer. The Customer assumes responsibility for checking the goods before their transfer. The same obligation refers to an event when the goods undergo further processes (like printing or embroidery), when The Customer purchases from LYNKA plain goods. Return of goods which have been processed in any way shall not be accepted. LYNKA shall not revoke this rule.
7.1 The Customer shall express its agreement on using the products made by LYNKA in advertising, LYNKA website or as part of its display at the brand fairs used as samples showing LYNKA’s production capability referring to the quality of printing or embroidery. LYNKA is entitled to enclose information concerning performed services for the Principal in its advertising materials. This provision shall not be deemed as transfer of copyright from The Customer to LYNKA.
7.2 The Customer shall assume all responsibility for copyright or/and the right to register the logo being essential for processing the order.
8.1. The Customer and LYNKA exempt each other from the responsibility which result from force majeure operations. Force majeure means incidents and occurrences which cannot be foreseen or avoided and which appear on concluding the contract and become an obstacle to performing the contractual obligations, including in particular: wars and other military actions, mobilisations, requisitions or embargoes, rebellions, revolutions, uprisings, military or civilian coups, natural disasters such as: earthquake, flood, fire (announced by appropriate authorities), strikes – if these are general strikes announced by the National Board of Trade Unions according to the law on strikes.
OTHER TERMS AND CONDITIONS
9.1 The order placed with a Sales Representative shall be approved by the Lynka Head Office and may be disapproved if not conforming to Lynka’s internal regulations.
9.2 All changes pertaining the above terms and conditions shall be made in writing and must be approved by both parties or else shall be null and void.
9.3 All disputes that may arise in connection with these Terms and Conditions shall be amicably resolved. If the agreement is not achieved the disputes shall be submitted for resolution to the competent Court having jurisdiction over LYNKA’s registered office.
9.4 The provisions of the Polish Civil Code shall be applicable in issues not governed by the foregoing regulations.
9.5 By placing an order with LYNKA the company shall approve of all foregoing arrangements.