SERWISTAL Sp. z o.o. – steel service centre, metal processing centre
Version no. 4 of 26.10.2026

§ 1 General provisions

1. These General Terms and Conditions of Sale and Services (“GTC”) apply to all offers, orders, contracts, deliveries of goods and services, including laser cutting, bending and additional processing, performed by SERWISTAL Sp. z o.o. (“Seller”) for business customers (“Customer”). The GTC do not apply to consumer sales.
2. The GTC form an integral part of every offer, contract and order confirmation and are made available to the Customer via a link included in these documents. Individual arrangements confirmed by the Seller take precedence over the GTC.
3. The Customer’s general terms of purchase and other standard contract terms do not apply, even if the Customer refers to them in the order, unless the Seller expressly accepts them.
4. The written form referred to in the GTC also includes e-mail.
5. If the Customer does not accept the GTC, the Seller is entitled to suspend the performance of the order or the release of the goods.

§ 2 Offer and conclusion of the contract

1. An offer is valid for the period stated in it and covers only the items listed in it (material, scope of processing, packaging, transport, documents). An offer does not constitute a reservation of material or production capacity.
2. The contract is concluded when the Seller confirms the order in writing. If the Customer does not raise any objections to the confirmation within 1 business day, or, for parts made to the Customer’s documentation, within 2 business days, the order is deemed accepted on the terms of the confirmation.
3. Any change to a confirmed order requires the Seller’s consent. The Seller may refuse a change if performance has already started or if material has been purchased, prepared or cut for the order.
4. In the event of a significant increase in the cost of material, energy, transport, customs duties or other costs beyond the Seller’s control, occurring after the offer was made but before the order is performed, the Seller may adjust the price accordingly after notifying the Customer. In such a case the Customer may withdraw from the affected item within 2 business days without incurring any costs.

§ 3 Prices and payment

1. Prices are net prices, to which VAT is added. If a price in a foreign currency has been agreed, payment is made in that currency.
2. Payment is due within the term stated on the invoice or in the order confirmation. The Seller may make performance of an order conditional on prepayment, security or settlement of overdue payments.
3. In the event of late payment, the Seller may charge statutory interest for late payment in commercial transactions and compensation for debt recovery costs, and may suspend the performance of further orders and the release of goods.
4. The Customer may not set off its claims against the Seller’s claims without the Seller’s written consent. Filing a complaint does not entitle the Customer to withhold payment.
5. The goods remain the property of the Seller until the full price has been paid.
6. If the price is determined by weight, the basis for settlement is the weight measured on the Seller’s scales or, where so stated in the offer, the theoretical weight.

§ 4 Goods, quality and documents

1. For deliveries of steel products, the Seller may deliver goods with a quantity tolerance of ±10% of the ordered quantity, unless agreed otherwise; settlement is based on the quantity actually delivered. For parts made to the Customer’s documentation, the confirmed number of pieces applies.
2. Dimensions, tolerances and quality of steel products comply with the standards applicable to the given product, unless the parties have agreed otherwise in writing.
3. The Customer specifies the requirements regarding technical and quality parameters of the goods and documents, including inspection documents according to EN 10204, no later than when placing the order. Inspection documents are provided in the type and scope agreed in the order or, failing such agreement, in the type issued by the material manufacturer, within 7 days of delivery or, if the Seller has not yet received them from the manufacturer or supplier, promptly after receiving them.
4. Additional documentation (e.g. acceptance certificates, inspection and measurement reports, measurement sheets, photographic documentation, FAIR/FPIR first article inspection reports, documentation according to EN 1090, documents required by the Customer’s customers) is prepared only if requested at the inquiry or order stage and may be subject to an additional charge. If requested later, the Seller may refuse to prepare it, postpone the delivery date, charge the Customer for its cost or prepare it to the extent possible. The Seller draws up or provides the declaration of performance, CE marking and other conformity documents only to the extent required by law for the given product and the agreed scope of delivery. The Customer must notify the Seller before the contract is concluded of any intended use of the product that requires such documents.

§ 5 Parts made to the Customer’s documentation

1. The Seller does not design products – it manufactures parts on the basis of the Customer’s documentation (current drawings and DXF/DWG/STEP files marked with a revision, guidelines). The Customer is responsible for the completeness and correctness of the documentation and for ensuring that it does not infringe the rights of third parties. The Seller is not responsible for the structural correctness, functionality, assembly or suitability of the parts for a particular application.
2. In the event of discrepancies in the documentation provided by the Customer, the Customer indicates the governing document; if it fails to do so, the Seller applies the documentation according to its own technological judgement and is not liable for the consequences of these discrepancies. The Seller may suspend performance until any inconsistencies have been clarified and may charge for additional work resulting from clarifying or correcting the documentation.
3. Special requirements – including edge quality and class, absence of burrs or discolouration, visible side, grinding direction, protective film, flatness, bending radii, first article approval, packaging method – must be specified by the Customer at the inquiry stage. Otherwise, the Seller performs the order according to its own technological standard. If first article approval has been agreed, further performance of the order begins once the Customer has approved it, and the lead time for the remainder of the order runs from the date of approval.
4. The tolerances specified in the Customer’s documentation apply, unless the Parties agree otherwise. In the absence of specific tolerances, the general tolerances specified in the documentation apply. If the documentation contains no tolerances and nothing else has been agreed, geometric tolerances of class 1 according to the relevant part of EN 1090 and the standards referred to therein, appropriate for the given process, apply, in particular EN ISO 9013 for thermal cutting and EN 10162 for cold-rolled profiles. This reference applies to tolerances only and does not mean that the parts are manufactured according to EN 1090 in any other respect. Other requirements not covered by the above rules must be specified in the documentation or agreed at the inquiry stage. If the required tolerances are technologically unachievable, the Seller may propose changing them or refuse to perform the order.
5. Features typical of the technological process used do not constitute defects if no higher requirements have been agreed and, where a standard defines their permissible range, if they fall within that range, in particular: spatter, discolouration, scale, burrs and beam entry marks after laser cutting; marks and irregularities of the cut surface permissible according to EN ISO 9013; local deviations in small details, holes, sharp corners and narrow slots; impressions and tool marks after bending; marks from grinding, deburring and mechanical cleaning; deformation of parts resulting from their geometry, the thermal effect of the process or residual stresses in the material; cracks in the bending zone at a radius or material grade specified by the Customer. The surface of the input material is assessed according to the relevant product standard. Parts are not straightened or subjected to additional surface treatment unless such a service has been agreed.
6. If the bending radius has not been dimensioned, the Seller may apply the radius resulting from its standard tooling and technology.
7. The Seller may clean parts mechanically (including deburring, grinding and descaling) using methods and tools of its own choice. Typical technological marks resulting from cleaning, in particular local processing marks, directional grinding marks, matting and differences in surface appearance, do not constitute defects unless different surface quality requirements have been agreed.
8. CNC programs, nestings, flat patterns and other technological data developed by the Seller remain its property and are not provided to the Customer, unless agreed otherwise.
9. The Seller is not liable for the consequences of further processing of the parts by the Customer or third parties (e.g. welding, galvanising, painting) if the related requirements were not agreed at the inquiry stage.

§ 6 Customer-supplied material

1. The Customer is responsible for the quality, grade, condition and quantity of the material it supplies. The Seller is not liable for defects in such material or their effect on processing. If the material proves unsuitable, the Seller may suspend or refuse performance and charge the Customer for the costs of the work carried out so far.
2. Customer-supplied material is stored with due care – free of charge for the agreed period and thereafter for a fee according to the price list presented to the Customer. The Seller is not liable for natural changes in the condition of the material, such as corrosion or oxidation, unless they result from its gross negligence.
3. Waste and scrap generated during processing become the property of the Seller, unless their return has been agreed. Technological losses (kerf, allowances, nesting waste) do not constitute a quantity shortage.

§ 7 Lead times, delivery and packaging

1. The lead time is binding on the Seller once confirmed in writing and runs from receipt of complete documentation, material and the advance payment, if required.
2. The Seller will make every effort to meet the lead time but is not liable for delays resulting from force majeure or other circumstances beyond its control, such as machine breakdowns, power outages, supplier delays, transport and customs disruptions or administrative restrictions. In such cases the lead time is extended by the duration of the obstacle.
3. Contractual penalties are binding on the Seller only if it has accepted them in writing for the given order.
4. Delivery costs are agreed individually. Additional costs (repacking, reloading, special transport requirements) are borne by the Customer, unless agreed otherwise.
5. The Seller packs the goods according to its own standard, adapted to the type of goods and transport. The Customer specifies any special packaging requirements at the inquiry stage; requirements notified later may change the price or lead time.
6. Returnable pallets remain the property of the Seller. The Customer is charged their value according to the price list, and once pallets suitable for reuse are returned within 90 days of delivery, the Seller issues a credit note. For sales of steel products, returnable pallets are pallets for strips, coils and sheets in standard formats; other pallets are included in the price of the goods, unless agreed otherwise. For parts made to the Customer’s documentation, all pallets are returnable.

§ 8 Collection of goods and transfer of risk

1. The Customer collects the goods on the agreed date and provides suitable unloading conditions (equipment, personnel, space).
2. The risk of loss of or damage to the goods passes to the Customer: for collection by the Customer or transport arranged by the Customer – when the goods are released at the Seller’s warehouse; for transport arranged by the Seller – when the goods are delivered to the destination, before unloading.
3. On receipt, the Customer checks that the quantity delivered matches the delivery documents and checks the condition of the packaging and any visible damage to the goods. Any shortages, damage and transport damage found must be recorded on the goods delivery note (WZ) or the consignment note, photographed before unloading and confirmed in a damage report signed by the driver.
4. The Customer must not remove labels and batch markings until the inspection of the goods or the handling of a complaint has been completed.

§ 9 Complaints

1. The Customer inspects the goods promptly after receipt. Complaints must be filed:
   • a) quantity shortages detectable on receipt and visible transport damage – on receipt, in accordance with § 8(3);
   • b) quantity shortages inside undamaged packaging – within 3 business days of delivery;
   • c) apparent defects, in particular concerning grade, dimensions, shape, workmanship or surface – promptly, no later than 5 business days after delivery and before further processing, assembly or use of the goods;
   • d) hidden defects that could not be detected during a proper inspection – within 3 business days of their discovery, no later than 3 months after delivery.
2. A complaint must be made in writing and should include information allowing the delivery and the goods concerned to be identified (order number, delivery note (WZ) or invoice number, photo of the label), their quantity, a description of the non-conformity, photos and information on whether the goods have been processed or used. Where measurable parameters do not conform, the Customer provides the results of measurements or tests.
3. Defects detectable before further processing, assembly or use of the goods must be reported before these activities are carried out; the Seller is not liable for such defects reported after the goods have been processed. Once a non-conformity has been found, the Customer stops further processing or use of the batch concerned and secures it. Processing does not exclude a complaint about a hidden defect that could not have been detected earlier with due diligence.
4. The Customer allows the Seller to inspect, measure and take samples. Until the complaint has been resolved, the Customer stores the goods concerned in a manner that protects them against further damage, corrosion and loss of traceability.
5. Actions involving additional costs, in particular sorting by external companies, repair, additional processing, scrapping or return of the goods, require prior agreement with the Seller, including the method, date and place of return. Costs incurred without such agreement are not reimbursed.
6. If a complaint is accepted, the Seller, at its discretion, repairs or replaces the goods, reduces the price or refunds the price of the defective goods, as appropriate to the type and extent of the non-conformity found. Acceptance of a complaint concerning particular goods, a batch or a delivery does not constitute acknowledgement that other goods, batches or deliveries are defective.
7. If a complaint proves unjustified, the Seller may charge the Customer the reasonable and documented costs of verifying it (tests, expert opinions, transport, inspections), of which the Customer has been informed in advance.
8. The Seller is liable for defects in goods and services, including under the statutory warranty (rękojmia), only for defects reported in accordance with this section, no later than 3 months after delivery of the goods or performance of the service, and to the extent specified in paragraph 6. This provision does not change the limitation periods for claims and does not apply to defects fraudulently concealed by the Seller.

§ 10 Cancellation of orders and failure to collect goods

1. The Customer may cancel a confirmed order only with the Seller’s consent, in which case it bears the costs incurred (material, programming, set-ups, processing, packaging).
2. If the order concerns goods made to the Customer’s individual order or from material purchased specifically for the Customer, once performance has started the Customer is obliged to collect the goods and pay the price.
3. If the Customer does not collect the goods within 14 days of the agreed date, the Seller may issue an invoice and demand payment as for goods collected. The risk passes to the Customer upon expiry of the agreed collection date, and after 30 days the Seller may charge storage fees according to its price list.
4. If the Customer fails to collect the goods despite a request setting a deadline of at least 7 days, the Seller may withdraw from the contract and sell the goods to another buyer, and the Customer bears the storage costs and any resulting loss.

§ 11 Liability

1. The Seller’s total liability is limited to the net value of the goods or services to which the claim relates. When processing Customer-supplied material, this limit corresponds to the value of the service relating to the damaged part of the material and also covers damage to the material itself.
2. The Seller is not liable for indirect damage, in particular lost profits, downtime, assembly, disassembly and sorting costs, or contractual penalties owed by the Customer to third parties.
3. The Seller is not liable for the consequences of improper transport, unloading, storage, further processing or use of the goods by the Customer, nor for the selection of goods for an application whose requirements were not notified to and accepted by the Seller.
4. The limitations of liability set out in the GTC do not apply to damage caused intentionally.

§ 12 Confidentiality, personal data and legal compliance

1. The Parties keep confidential any technical and commercial information, including documentation, obtained in connection with an order. They may disclose it to subcontractors involved in performing the order, provided that they are bound by confidentiality obligations.
2. The Parties process personal data in accordance with the GDPR, solely for the purpose of performing the contract. Information on data processing is available on the Seller’s website.
3. The Parties comply with anti-corruption laws. The Customer declares that it is not subject to EU or national sanctions and will not transfer the goods to Russia, Belarus or to sanctioned entities. Breach of these obligations entitles the Seller to withdraw from the contract without compensation.
4. The Customer informs the Seller, no later than at the inquiry stage, if the subject of the order includes products or technology for military or police use within the meaning of the Polish Act of 13 June 2019 on conducting business activity in the manufacture of and trade in explosives, weapons, ammunition and products and technology for military or police use, and provides the information necessary for their classification. In the absence of such information, the Seller assumes that the order does not require performance under licensed activity. If such use becomes apparent later, the Seller may suspend performance or withdraw from the contract, and the Customer bears the costs incurred.

§ 13 Final provisions

1. The Parties will seek to resolve disputes amicably, including through mediation. Disputes not resolved amicably are settled by the court having jurisdiction over the Seller’s registered office.
2. Matters not regulated herein are governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. The GTC apply from 26.10.2026 and replace the previous General Terms and Conditions of Sale (version no. 3 of 15.11.2024) and the terms of the Metal Processing Centre.