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General Terms of Services concerning technical maintenance and emptying - valid from 29th January 2022

 

General Terms of Services concerning technical maintenance and emptying

General provisions.

§1 

These General Terms of Services (hereinafter referred to as “GTS”) shall apply to any contract or agreement (hereinafter referred to as “the Contract”) concluded in any form by and between the UGOS Service Sp. z o.o. SP.K Company with office at ul. Mysikrólika 2a, 02-809 Warszawa, Poland, KRS no.: 725177 (hereinafter referred to as “UGOS”) and the Principal related to services provided by UGOS in the scope of technical maintenance of separators and sedimentation tanks offered and sold by the UGOS.

These GTS shall constitute as an integral part of any contract referred to in paragraph 1 above.

§2 

According to the GTS definition, the Principal shall be any business, i.e. a legal person, organisational entity without legal personality, or a natural person conducting any business or professional activity.

These GTS shall not apply to contracts concluded with consumers within the meaning of Art. 22[1] of the Civil Code.

§3 

These GTS shall constitute as integral part of the Contract and shall become valid at the moment of concluding the Contract.

§4 

The Contract may also include provisions other than provisions included in these GTS. In such event, the Parties shall be bound by the Contract and these GTS within provisions not changed by the Contract.

Conclusion of the Contract.

§5 

In particular, contracts shall be concluded by way of the UGOS accepting performance of order submitted by the Principal or by way of concluding the Contract in writing, including by means of long-distance communication, in particular e-mail, phone, and fax.

The UGOS Company shall prepare and provide the Principal with the Contract conclusion offer, which at the least shall include:

detailed description of services constituting as the subject matter of the Contract and possible description of services, which shall not be the subject matter of the Contract;

proposed net price for provision of services mentioned in pt. a) expressed in PLN or other currency;

payment terms and conditions;

possible provisions regarding contractual penalties envisioned by the Contract;

method of accepting, transporting, and disposing waste created in the Principal’s facility in relation to services provided pursuant to the Contract;

document confirming the conclusion of civil liability insurance contract by the UGOS in the scope of activity run by the UGOS;

contents of these GTS in any form and in any manner, including e-mail or fax.

§6 

When concluding the Contract, the Buyer shall recognise claims of the UGOS stemming from unsettled charges on the basis of contracts previously concluded with the UGOS. In the event of failure to pay amounts mentioned above within 7 days from the Contract conclusion date, the UGOS shall have the right to halt the delivery of goods or services that constitute the subject matter of the Contract, where such halt of delivery shall not stop the requirement to pay remuneration due to the UGOS on the basis of the Contract.

§7 

The conclusion of the Contract shall occur (i) in case of concluding the Contract in the offer mode - at the moment of the UGOS accepting (in any form, including the commencement of service provision) the performance of offer approved by the Principal and submitted by the UGOS pursuant to the provisions of § 5 par. 2 of these GTS, and (ii) in case of concluding the Contract in writing – at the moment of signing the Contract by the last Party.

§8 

Pursuant to any Contract, the UGOS shall provide services stipulated in detail in the Contract under conditions indicated in the Contract and the Principal, in particular, shall pay any amounts due to the UGOS in time and comply with any other provisions of the Contract.

In particular, the Principal shall be obliged to:

1) ensure the data provided in an inquiry / service order are true and in compliance with the state found by the Contractor at the site where such service is going to be rendered;

2) provide UGOS with access to any premises where any equipment to be serviced as a part of the Contract is located, in time indicated by UGOS, and if such equipment is located outdoors, to provide free access for the sanitation tank truck within a distance of maximum 10 metres, on a previously agreed day;

3) grant any information necessary to render service in question, if requested so by UGOS;

4) ensure access to a water hydrant inlet, within a distance of maximum 60 metres from the equipment, and to a power grid, within a distance of maximum 10 metres from the equipment;

5) ensure a design for traffic organisation, related to occupation of a road lane, as well as any formalities and appropriate signs for the Contractor’s service team, in case the equipment to be serviced is located within a road lane;

6) other actions indicated in the Contract.

 

  1. The Contract shall stipulate consequences for a failure to comply with any of the obligations imposed on the Principal by the GTS or the Contract.
  2. The UGOS shall not bear any responsibility for any damages resulting from undue performance of the Contract by the Principal, in particular resulting from the Principal’s failure to comply with any obligations related to maintenance and technical review of the equipment according to the intervals indicated in the Contract.
§9 

In any case, the place where UGOS performs any services included in the Contract shall be the place of installation of equipment to be serviced.

The Contractor acts as a waste producer, it does not carry out the installations, in accordance with the Waste Act.

The UGOS shall provide services included in the Contract using its own means and supplies or means of supplies of its subcontractors, professionally providing services included in the Contract. In the event when the services included in the Contract shall be entrusted to a subcontractor referred to in the previous sentence, the UGOS shall not take responsibility for any damages resulting from any action or omission of such subcontractor.

The UGOS shall hold valid third party liability policy for its business.

In the event when any damage shall occur in the course of performance of services included in the Contract, the Principal shall be obliged to cooperate with the UGOS and to make every effort aiming to minimise consequences of such damage. In the event when the Principal shall refuse to take appropriate actions, the UGOS shall not take any responsibility for any loss of the Principal resulting from the Principal’s failure to comply with the cooperation request.

The total liability of the UGOS resulting from the Contract shall amount to 2,000 PLN.

Final provisions.

The UGOS shall have the right to transfer rights or obligations resulting from the Contract to any chosen third party, in particular to companies that are affiliated directly or indirectly with, personally-related to, or finance-related to the UGOS, to which the Principal shall hereby agree.

Any disputes arising out of or related to the Contract which cannot be settled in amicable way shall be settled by a common court with jurisdiction over the registered office of UGOS.

Reference

UGOS OCHRONA ŚRODOWISKA
SP. Z O.O. SP.K
ul. Mysikrólika 2a
02-809 Warszawa
biuro@ugos.com.pl
tel: 22 643 90 70
fax: 22 643 90 71

22 643 90 70
biuro@ugos.com.pl