1. These General Purchase Conditions (GPC) apply to all purchase transactions made by ERKO Sp. z o.o. Sp.k., unless otherwise agreed in writing.
2. The reference to the GPC is placed on each ERKO Purchase Order (PO), therefore it is considered, that the confirmation or commencement of the implementation of the PO is tantamount to the acceptance of the GPC by the Supplier.
3. The GPC prevail over the terms of sale of the Supplier, the moment of accepting PO for implementation, withdraw from its own conditions if they are contrary to the GPC of ERKO.
4. The supplier carries out the order based on the PO (first) and GPC (supplementary) entries current at the time of confirming the PO.
5. The supplier undertakes to confirm PO within 2 days. The date of delivery of the PO, which is confirmed by the Supplier, is the date of delivery of the goods to the address indicated on the PO. Delayed delivery may be unaccepted or returned at the Supplier’s expense.
6. The Supplier undertakes to include the PO Number on the Invoice and Delivery Note . A delivery not marked with a PO Number may not be accepted or returned at the Supplier’s expense.
8. The Supplier undertakes to deliver the goods in packaging adapted to the content and type of transport so as to ensure delivery intact. At the same time, the Supplier is responsible for any damages in deliveries (quantity and quality deficiencies) resulting from improper packaging.
9. ERKO declares that is entitled to receive Invoice and authorizes the Supplier to issue an invoice without its signature from its side.
10. 1. In the case of order: – • material (especially metals) – we require Certificate 3.1 according to PN-EN 10204. The material must be clearly identifiable by grade, size, Number of Certificate, Number of Order (PO), and the Invoice should be associated with the (PO) Order Number and Certificate. Round Bars – up to 3 meters long.
– • chemicals – we require a current safety data sheet if it has changed since the last delivery.
11. The Supplier undertakes to implement PO in accordance with applicable law from particular emphasis on labour law, health and safety at work, environmental protection and good practices ethical in business, such as fair competition or lack of corruption.
12. ERKO requires a current declaration on the compliance of the delivered goods with the REACH Regulation. The Supplier undertakes to provide the above statement on the first delivery and after each update of the SVHC list.
13. If applicable, ERKO requires the Supplier to make efforts to identify the origin of tin, tungsten, gold, and tantalum in the products offered to avoid accidental financing of parties involved in armed conflict. At the request of ERKO, the Supplier shall provide a relevant statement in the form of a completed CMRT sheet (www.responsiblemineralsinitiative.org).
14. If applicable, ERKO requires the Supplier to document compliance of the delivered goods with the RoHS Directive (limitation of the use of certain hazardous substances in electrical and electronic equipment).
15. The Supplier undertakes not to disclose Confidential Information obtained as a result of the implementation of the PO to any third party without the explicit, prior consent of ERKO, expressed in writing.
16. The Supplier will allow ERKO to control / audit the process of realization the order at its or subcontractor’s headquarters. The Supplier guarantees access to all arrangements regarding the implementation of PO and undertakes to provide appropriate samples necessary to verify the correctness of the PO realization. The above law also applies to Erko clients and external controlling institution.
17. 2. All disputes arising during cooperation, unless otherwise agreed in writing, will be settled before the competent court of ERKO.
Update date – 16 June 2020