Conditions of delivery

These general delivery conditions are an integral part of all sales contracts for Malow products in Europa/EU. All Malow offers, confirmations, orders, deliveries and invoices will be made on the basis of these General delivery conditions unless Malow decides otherwise in writing.

These delivery conditions are deemed to have been accepted by the Buyer, even if they differ from any general or specific terms and conditions of purchase prepared by the Buyer. The latter do not apply to Malow in any way.

Malow delivers the ordered goods to the delivery place indicated in the order.

The standard means of transport is a 13.6 LDM truck with a GVW of 40t

Deliveries are made as standard on working days between 8:00 a.m. and 4:00 p.m. Deliveries at other times require prior arrangement with Malow

Normally, delivery is made by means of transport specified in point 4, on the day and at times selected by Malow, taking into account point 5. The buyer bears additional delivery costs in case of delivery according to his other, special requirements(e.g. other means of transport - trucks 8, 6LDM, 4.2LDM, non-standard delivery days/times). The amount of these costs is to be agreed each time with Malow

Unless otherwise specified in the order, it is assumed that the indicated delivery place is accesible to a truck with a gross vehicle weight of up to 40 t.

If the order does not clearly specify the delivery address, it is assumed that the delivery is to be made to the Buyer's registered office address.

If, at the Buyer's order, the delivery is made to the address of a Recipient other than the Buyer, it is assumed that the Recipient indicated in the order is authorized to receive the delivery.

The Buyer is obliged to provide the exact delivery address - indicating the name of the Recipient, the street with the building and apartment number (if applicable) and the town with the postal code of the given Recipient, as well as the telephone number of the contact person.

Unless the Buyer has indicated otherwise in writing, partial deliveries and deliveries before the deadline specified in the order confirmation are allowed.

The delivery date indicated in the order confirmation is binding - any changes on the part of the Buyer must be notified at least 4 weeks before the scheduled delivery, electronically to the email address of the assigned sales and logistics representative

If, on the order of the Buyer, the delivery is made to the address of the Recipient other than the Buyer, the Buyer is obliged to provide information about the change - we recommend that such an information be included in the agreements between the Buyer and the Recipient.

Additional costs arising from failure to comply with points 12 and 13 will be charged to the Buyer.

Transport provided by Malow does not include unloading of goods. The Buyer or the Recipient indicated by the Buyer in the order is obliged to unload the goods at his own expense and risk. Any unloading costs will be borne by the Buyer. All risk of loss or damage to the goods passes to the Buyer from the moment the Buyer or Recipient begins unloading.

The Buyer is responsible for unloading the goods without undue delay - unloading should start within 30 minutes of reporting the vehicle. Additional costs resulting from delay in unloading will be charged to the Buyer.

The Buyer is obliged to check the completeness of the delivery immediately upon receipt and determine any shortages or damage to the goods that may have occurred during transport. If such defects are discovered, the Buyer should request the carrier to make a note about the damage on the PL document or request the preparation of a damage report, and immediately - no later than within 7 days of receiving the shipment - notify the Malow's Claims Department, in writing, about any irregularities discovered in the delivery. In case of failure to fulfill obligations, the delivery is considered complete.

The return of goods delivered by Malow requires written agreement with Malow in each case.

In principle, the place of performance of Malow (place of delivery of the goods) shall be the place of unloading of the goods, however, when the transport of the goods is not performed by Malow's own or commissioned means, or when so agreed by the Parties, the place of performance shall be Malow's warehouse from which the goods are loaded/dispatched.

The benefits and burdens associated with the goods, including the costs associated with inproper protection of the goods, as well as the risk of damage or loss of the goods shall pass to the Buyer upon release of the goods to the Buyer or to the Recipient or carrier designated by the Buyer in the order.