{"id":120,"date":"2022-09-26T17:44:55","date_gmt":"2022-09-26T17:44:55","guid":{"rendered":"https:\/\/thegasportal.com\/?page_id=120"},"modified":"2023-05-10T14:16:22","modified_gmt":"2023-05-10T14:16:22","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/thegasportal.com\/en\/terms-of-service\/","title":{"rendered":"Terms of service"},"content":{"rendered":"

TERMS OF SERVICE<\/p>\r\n

Updated September 1, 2022.<\/p>\r\n

The Terms of Services, hereinafter referred to as \"Contract\"\u00a0<\/span><\/p>\r\n

Owner of this website and provider of the service,<\/p>\r\n

LLMS SOLUTIONS SP\u00d3\u0141KA Z OGRANICZON\u0104 ODPOWIEDZIALNO\u015aCI\u0104<\/p>\r\n

M: poland@thegasportal.com
T: +48 789661710<\/p>\r\n

\u015anie\u017ckowice 31C
27-425 wa\u015bni\u00f3w, Poland<\/p>\r\n

REGON: 525201835
NIP: 6612386844
KRS nummer: 0001034026<\/p>\r\n

hereinafter referred to as \"Supplier\"<\/b>.<\/p>\r\n

\"Customer\"<\/b> is any part that is visiting the website www.thegasportal.com<\/span><\/a> and making any purchases online or the available communication channels such as email and phone.<\/p>\r\n

both hereinafter referred to as \"Party<\/b>\" or \"Parties<\/b>“.<\/p>\r\n

The Terms of Service are solely valid and applicable if Customer made a purchase directly via the online channels of Supplier and <\/i>Parties did not sign any modified or customized agreement.<\/p>\r\n

1. Subject matter of the Contract.<\/p>\r\n

Supplier wants to supply and Customer wants to purchase the products available on the www.thegasportal.com<\/span><\/a>, hereinafter also referred to as \"Product\". It is understood that the Customer shall have the right to resell the Product to any of the Customer's affiliates and\/or clients.<\/p>\r\n

Supplier\u00b4s obligation shall be the supply of the Product from Supplier\u00b4s facilities in the agreed quantity, free of defects of title. The Supplier will inform Customer upon accepting the purchase order at which facility the Products will be ready for pick up. The Supplier makes no further warranties concerning the Quality of the Product.<\/p>\r\n

2. Products<\/p>\r\n

2.1 Supplier shall sell and deliver to the Customer the Product that have been accepted by way of receiving payment from Customer via the website www.thegasportal.com<\/span><\/a> or by payment of an invoice provided by employees of Supplier.<\/p>\r\n

2.2 For the hole quantities in clause 2.1 is take-or-pay obligation for both Parties. The quantities of Products delivered may vary on a monthly basis and are depending on Customer orders and product availability. Supplier will do all the efforts to supply the Customer's demand above the quantities in clause 2.1.\u00a0<\/span><\/p>\r\n

3. Ordering<\/p>\r\n

3.1 Customer shall send a written request via email or call The Supplier by phone. In case the Customer places regular orders, Customer shall email or call Supplier for the subsequent week's or months deliveries of Product to Supplier. Supplier shall confirm in writing subsequent deliveries. In the event Customer has made a request via phone than picking up the Products from Suppliers facility is considered acceptance of the purchase order.<\/p>\r\n

3.2 Supply and delivery shall be spread in the calendar month.<\/p>\r\n

3.3 Parties agree that they accept the email communication as written form for the ordering process. In all cases orders are only finalised when Supplier has confirmed the purchase order sending a confirmation from the email address: poland@thegasportal.com<\/p>\r\n

4. Delivery terms<\/p>\r\n

4.1 All deliveries under this Contract shall be affected on basis of FCA.<\/p>\r\n

5. Transfer of title and risk<\/p>\r\n

5.1 Title to Product as well as risk is transferred from Supplier to Customer when Product are loaded onto Customer's vehicle at Suppliers facility or the vehicle of a 3rd<\/sup><\/span> party contracted by Customer or Supplier.<\/p>\r\n

6. Prices<\/p>\r\n

6.1 Prices for Products are displayed on www.thegasportal.com or provided to Customer by one of the representatives of the Supplier.\u00a0<\/span><\/p>\r\n

6.2 Prices are exclusive of VAT, as long the Customer confirms in written form that the product leaves the territory of The Netherlands. The prices per Product may be changed on a monthly bases, solely by Supplier initiative. Upon the occurrence, Supplier may notify Customer of the proposed revision of the prices of the Product.\u00a0<\/span><\/p>\r\n

6.3 The prices include the currently applicable taxes (with the exception of the value-added tax (VAT)) and levies. The Parties to the Contract are aware that the prices may be influenced during the course of the Contract duration by changes unforeseeable today, either as a whole or in their scope.\u00a0<\/span><\/p>\r\n

6.4 Upon the occurrence of an event that Supplier increases the prices of Products, Supplier may notify Customer of the proposed revision of the prices of the Product. If the Parties do not agree on new prices for the Product before the next delivery of Products, this Contract will be deemed terminated immediately.\u00a0<\/span><\/p>\r\n

7. Payment<\/p>\r\n

7.1 The Supplier shall issue invoices after each delivery or an accumulated invoice for multiple deliveries.<\/p>\r\n

7.2 Payments shall be due within 30<\/b> days of invoice date.<\/p>\r\n

7.3 In case of delay of payments, Customer shall pay a default interest at the rate of 8% over the basic interest rate of the Dutch Central Bank. In case of delay of payments by more than 60 days, Supplier may stop further supplies to Customer 10 days after dispatch of a written notice to that effect and may cancel the contract with immediate effect. Besides payment shall immediately become due for all products and services supplied under any contract with Customer. Additionally, Supplier reserves the right for any debt recovery costs and claim of any other damages.<\/p>\r\n

8. Warranty<\/p>\r\n

8.1 The Customer shall without undue delay examine the delivered Product and shall without undue delay inform the Supplier in writing about any non-conformity of the Products. In any case, such report of a failure or defect shall not take place later than seven (7) days after delivery.<\/p>\r\n

9. Liability<\/p>\r\n

9.1 Subject to clause 9.5 below, the liability of the Parties to the Contract is determined by Dutch law, whereas the liability of Supplier, to the extent as permitted by Dutch law shall be in each case limited to direct physical damages to the Customer's property and to the aggregated maximum amounts of 10,000,- EUR per calendar year. The Parties acknowledge that the limits of liability set out in clause 9.1 are aggregate limits that apply collectively across this Contract and each of the purchase orders.\u00a0<\/span><\/p>\r\n

9.2 Customer acknowledges and confirms with this Contract that it will operate at all times according to local and international law and legislation and in the event of change of law will adjust its business processes. Supplier is in no circumstances liable for any claims, fines or restrictions received by Customer arising out of or relating to any act of (wilful) misconduct, business activity, sale or transport of the Products delivery by Supplier. \u00a0<\/span><\/p>\r\n

9.3 In the event of fault of their employees as well as of persons and\/or companies engaged by the Parties to the Contract to fulfill their obligations under the Contract, the Parties shall only be liable for breaches of organization and supervision and to the extent outlined above.<\/p>\r\n

9.4 Subject to clause 9.5 below, in no event shall a Party be liable to the other Party hereto, by way of indemnity or by reason of any breach of the Contract or otherwise for any indirect or consequential damages, or loss of profit, loss of work, or downtime.<\/p>\r\n

9.5 Any limitation of liability shall not be applied to Customer's payment obligations as per this Contract.<\/p>\r\n

9.6 Nothing in this Contract operates to exclude or limit either party's liability for claims or any part of a claim arising out of or relating to any act of wilful misconduct, death or bodily injury, mandatory liability pursuant to applicable laws of The Netherlands.<\/p>\r\n

9.7 All defect and liability claims arising from this Contract are subject, to the extent legally possible, to a limitation period of 6 months from statutory commencement of the limitation period. The running of the limitation period shall not be suspended or interrupted due to the Parties' negotiation of the claim or the claim's circumstances, unless otherwise agreed in writing.<\/p>\r\n

10. Force majeure<\/p>\r\n

10.1 All events of force majeure shall relieve the Party to the Contract affected by force majeure from its obligation to fulfill the contractual obligations affected by force majeure for the duration and scope of the effects of force majeure. Neither party hereunder will be liable to the other for default or delay in the performance of any of its obligations hereunder (except any obligation to make payment when due) due to Force Majeure event which would prevent or delay performance or make performance commercially impracticable.<\/p>\r\n

10.2 For the purpose of this Contract \"Force majeure\" means any event or circumstance (a) which is beyond a party's reasonable control; (b) which such party could not reasonably have provided against before entering into this Agreement; and (c) which, having arisen, such party could not commercially reasonably have avoided or overcome; and (d) which is not substantially attributable to the other party, including , including, in the case of the Supplier, the worsening of an already existing event. Force majeure event may include but not limited to acts of God, strike or lockout by persons other than the Party's personnel and sub-contractors fire, explosion, epidemic, pandemic).<\/p>\r\n

10.3 The affected Party shall immediately notify the other Party in writing of the anticipated duration and extent of the event of Force majeure and shall use all commercially reasonable efforts to fulfil its contractual obligations and overcome the hindrance as well as to make good its non-performed obligations. Such efforts shall not include covering purchases on part of the Supplier.<\/p>\r\n

11. Ineffectiveness, amendments<\/p>\r\n

11.1 This Contract constitutes the entire agreement between the Parties on the subject matter hereof and all previous agreements, understandings and representations shall cease to have effect on the execution of this Contract.<\/p>\r\n

11.2 If individual terms of this Contract should be or should become ineffective or not feasible, this shall not affect the validity of the remaining terms. In this case the affected provision shall be replaced or supplemented by the Parties to the Contract in such a way that the economic aim envisaged by such term is achieved as closely as possible. The same applies if a gap should be detected which needs to be filled.<\/p>\r\n

11.3 Any alteration, amendment or termination of this Contract shall only be valid in written form.<\/p>\r\n

12. Confidentiality<\/p>\r\n

12.1 A Party (\"receiving Party\") shall treat as confidential and hold in strict confidence any data, documents and other information which it may receive from the other party (\"disclosing Party\") in connection with the Contract (including the conclusion of the Contract and the Contract itself) (\"Confidential<\/b> Information<\/b>\") and shall not use the Confidential Information in any way other than for the execution of this Contract.<\/p>\r\n

12.2 A Party shall not make available the other's Confidential Information to any third party without the prior written consent of the other Party. For the purpose of this clause 13.2\u00a0 <\/span>third party shall not include the receiving Party's subcontractors, affiliates, brokers, insurance companies, legal or financial advisors, companies hired for debt collection, auditors and in case of an assignment or transfer of the Contract, the potential assignees or transferees provided that Confidential Information is disclosed to them on a need-to-know basis and they are properly bound to confidentiality and restricted use obligations.<\/p>\r\n

12.3 The foregoing provisions of confidentiality shall not expire with the termination of the Contract, however, they do not apply to data, documents, and other information:\u00a0<\/span><\/p>\r\n