XEOS Sp. z o.o.
ul. Innowacji 2, Święte
55-300 Środa Śląska
General terms and conditions
The information provided on this site is intended for XEOS’ customers and for other interested persons and provides information of a general nature only. It is not intended to create any legal obligation of XEOS.
XEOS has taken great care to compile the information and to ensure that it is correct and complete. The information is updated at irregular intervals. As such information may be subject to rapid and recurrent changes, we would like to point out that despite all efforts, the information may occasionally be out of date, incorrect or incomplete. As a result, XEOS provides this information “as is” and makes no assurance or warranty with regard to such information.
The website and its content is not intended for persons in jurisdictions which do not permit the distribution or the access to the content of this site. It is the responsibility of the user to comply with any such limitations before accessing this site.
- XEOS does not collect personally identifiable information through the Internet or otherwise unless you explicitly choose to provide this information. If XEOS collects information, this will only be for clearly specified purposes.
- When you choose to provide us with information, it is kept strictly confidential. We do not sell, share or in any way disclose the information obtained for specific purposes to third parties unless obliged to do so by law and/or legal proceedings (e.g., court orders).
- The data our customers provide us with is discarded as soon as the original purpose is no longer relevant or the customer informs us that he/she desires the data to be discarded.
- Whenever XEOS collects personal data, the latest security technology is used. Currently, a SSL is in use to make sure that third parties (e.g., ISPs, network companies, …) cannot access the content transmitted via the Internet.
- We make every effort to keep data given to us accurate and up to date, and we will process requests for updates quickly and reliably.
- We make sure that our staff is trained to adhere to these standards. Our employees sign a statement of commitment to these principles.
In order to optimize and personalize our online services to meet your needs, we employ a technology called cookies for personalized sessions. We assure you that we discard this information as soon as you terminate the session. The information collected to optimize our Internet site (e.g., domain name, pages viewed, number of visits, time spent on our site) is only used to improve the website and its content. The analysis of this data preserves the anonymity of our customers.
Data from individual uses of our website is stored for error analysis. This information is used solely for correcting errors and analyzing attacks and is deleted after a two week storage deadline.
A cookie is a small element of data that can be exchanged between an Internet site and a client’s browser. It can be stored on either side to enable the Internet application to recognize the client on return. You can set your browser to notify you when you receive a cookie, and you may choose to accept the cookie or not. If you do not accept the cookie the corresponding Internet page cannot be accessed. If you accept the cookie, you can delete it from the file (cookies.txt) or from the directory (e.g.: ..\WINNT\cookies\…) after the session.
SSL (Secure Socket Layer):
We employ a technology called SSL to make sure that confidential data cannot be intercepted by third parties. To ensure this level of security, the LHT Internet server bears a certificate in keeping with common practice in e-business. This certificate is issued by a security provider. In the case of Lufthansa Technik, the provider is “TC TrustCenter GmbH”, which is based in Hamburg. “TC TrustCenter” is known and accepted automatically by your browser as an official security provider in the case of Version 5.01 and higher for MS Internet Explorer or Version 4.5 or higher for Netscape Communicator. Please refer to the corresponding user manuals made available to you when you get your authorization for further technical details.
GDPR – Information Notice
- The Controller of your personal data is XEOS sp. z o.o., with its registered office in Środa Śląska (55-300), Święte, ul. Innowacji 2, registered in the Commercial Register maintained by the District Court for the capital city of Warsaw, XIII Division of the National Court Register, under the KRS number 0000631452, with the initial capital of PLN 5,000,000.00, NIP 5223069089 (hereinafter: “The Controller” or “XEOS”). You can contact the Controller in matters referring to personal data protection at the following email address: firstname.lastname@example.org
- The Data Protection Officer in XEOS is Mr. Paweł Smardz, available at the following email address: email@example.com
- You have the right to access the content of your personal data, the right of rectification or erasure, to restrict processing or to object to processing, which shall not affect the lawfulness of processing based on consent before the objection is made.
- You have the right to lodge a complaint to the national Data Protection Authority if you deem that processing personal data referring to you violates provisions of the Personal Data Protection Act or GDPR.
GENERAL TERMS AND CONDITIONS OF PURCHASE OF GOODS AND SERVICES BY XEOS SP. Z O.O.
- Any supply of goods or services (“Orders”) for which the order indicates that these General Terms and Conditions of Purchase of Goods and Services (“Terms and Conditions”) apply shall be governed solely by these Terms and Conditions and the model agreements of the contractor (“Supplier”) shall not apply. The Supplier’s commencement of performance of the order of Xeos Sp. z o.o. (“Xeos”) shall be understood as the acceptance of the order as well as the Terms and Conditions.
- The order may concern supply of goods (including assembly) or provision of services.
- Unless otherwise stated in the order, an agreement for the provision of services shall be deemed to be concluded for an indefinite period, with the possibility of termination upon 30 days’ notice.
- Xeos may terminate the agreement for the provision of services at any time without any notice if:
a) The Supplier performs the agreement in breach of its terms;
b) The Supplier has not commenced performance of the agreement on the agreed date.
- Xeos may rescind the agreement for the supply of goods within 30 days from the date of occurrence of any of the following events:
a) delay in the performance of the Order;
b) performance of the Order in a defective manner or in a manner infringing the agreement;
c) performance of the Order in such a way that it is obvious that it will not be performed on time.
- Rescission shall result in the Supplier being released from the obligation to continue performance of the Order and being obligated to return any amounts received from Xeos, and Xeos shall be released from the obligation to pay remuneration.
- The Supplier waives the right to terminate the order (except for termination for important reasons).
[Collection and payment]
- Unless otherwise agreed by the Parties, Xeos shall be obligated to pay the remuneration within 30 days from the date of receipt of a properly issued invoice, which shall be issued after the completion of the Order. A properly issued invoice must be sent to firstname.lastname@example.org and include the Purchase Order (“PO”) number. Failure to provide the PO number may result in rejection of the invoice or delayed payment.
- The agreed remuneration shall be a lump sum remuneration, which includes packaging, transport and other costs related to the performance of the Order, unless the Parties agree otherwise.
- If the subject of the Order is the performance of a task or sale of goods, the Supplier shall notify Xeos of its readiness to deliver the task or goods and shall deliver the same on time and in a manner agreed upon by the Parties. After delivery of the task/goods, Xeos shall have 14 calendar days to verify the task/goods in respect of physical and legal defects and compliance with the Order. In the event of any reservations, Xeos shall call upon the Supplier to repair the task/goods within a specified period of time or shall exercise the rights specified in this Agreement, after which the task/goods shall be subject to re-examination until the complete removal of irregularities.
- Unless otherwise agreed by the Parties, goods shall be supplied on the basis of DDP Incoterms 2010 (Delivered Duty Paid).
- The Supplier hereby grants a 3-year warranty (from the date of acceptance) for the delivered goods and services.
- If a defect in the goods is found within this period, Xeos shall be entitled to call upon the Supplier – at Xeos’ discretion – to:
a) Repair the goods;
b) Replace the goods with defect-free ones;
c) Pay a compensation taking into account the loss of property and potential lost profits;
d) Rescind the agreement – in such a situation, the Supplier shall return to Xeos the entire remuneration received and shall be obligated to pay compensation taking into account the damage and potential lost profits.
- If, despite being called upon, the Supplier does not fulfil its obligations under points 13a or 13b within the time limit specified in the call, Xeos shall be entitled to exercise its rights under points 13c or 13d (at its discretion).
- The Supplier shall be liable towards Xeos for non-performance and improper performance of the agreement on the principles specified in the Civil Code. In addition, the Supplier assumes responsibility for:
a) acts and omissions of its contractors, including for their delay in performing the activities aimed at performance of the Order;
b) delays in performance of the Order resulting from actions or omissions of third parties;
c) delays in performance of the Order as a result of restrictions in availability of materials or tools;
- The Supplier shall pay liquidated damages to Xeos within 7 days from being called upon if the following circumstances occur:
a) The Supplier’s delays in performance of the Order – 0.1% of the Order value for each day of delay;
b) Withdrawal from the Order for reasons attributable to the Supplier – 10% of the Order value;
c) Discovery of a legal defect in a task or work delivered to Xeos – 200% of the Order value.
- Xeos shall have the right to claim damages in excess of the amount of liquidated damages under the general rules of civil law.
- The risk of accidental loss or damage to the Deliverables shall be transferred to Xeos upon delivery to the place indicated in the PO or the Specification.
- The Supplier may transfer the rights and obligations under the agreement with Xeos exclusively at a prior written approval of Xeos, under pain of invalidity.
- Should Xeos be obligated to meet any third party claims or to pay administrative penalties as a result of any acts or omissions of the Supplier that are not compliant with the agreement, the Supplier shall pay Xeos the amount of the claim/penalty along with the potential costs of enforcement and interest.
- Throughout the term of this Agreement and for 5 years after its termination, the Supplier shall keep confidential and shall not use (for purposes other than the performance of the Agreement) without Xeos’ written consent any information received from Xeos in connection with the conclusion and performance of the Agreement, including the very fact of concluding the Agreement.
[Choice of law and court]
- Agreements for the supply of goods/services are governed by Polish law. The court competent to settle disputes shall be the court having territorial jurisdiction over the registered office of Xeos.
- In the case of discrepancies between the Polish and the English version of these Terms and Conditions – the Polish version shall prevail.