1. The Vendor extends implied warranty for defects of the goods supplied irrespective of their form (fresh or frozen) for a period not shorter than the expiry date of the goods after freezing thereof.
2. Defects may be notified in any form selected by the Company.
3. Any notification of defects made by the Company shall be deemed a complaint under implied warranty unless expressly stated otherwise by the Company.
4. If a physical defect of the goods was found by the expiry date of the goods being the subject matter of the sales contract, it is presumed that the defect or its cause existed at the time when the risk was transferred to the Company.
5. The Company shall forfeit its rights arising from implied warranty if it does not notify the Vendor about the defect within 14 days of finding the defect. For the time limit to be satisfied, all the Company needs to do is submit a defect notification prior to the expiry of the time limit.
6. Exercising its rights arising from implied warranty, the Company may at its own discretion either terminate the sales contract in whole or in part, request a price reduction from the Vendor, request repairing the goods, or request replacing the goods with goods that are free from defects. The Company may terminate the contract even if the defect is insubstantial.
7. The Vendor cannot refuse to repair the goods or replace them with goods that are free from defects even if that would entail excessive costs, and in particular if the costs of satisfying that obligation would exceed the price of the goods.
8. The Vendor is obligated to repair the goods or replace them with goods free from defects without delay, at the latest within the time limit specified in the defect notification submitted by the Company.
9. The costs associated with transferring the defective goods by the Company to the Vendor and the costs of delivering goods that are free from defects to the Company shall be borne by the Vendor.
10. The Vendor is obligated to accept from the Company defective goods in the case of replacing them with goods that are free from defects or in the case of contract termination. The goods shall be delivered within the time limit determined by the Company.
11. If the Vendor does not collect the goods within the time limit determined by the Company, the Company shall have the right, at its own discretion, to store the goods at the Vendor’s expense and risk, return the goods at the Vendor’s expense and risk, or dispose of the goods at the Vendor’s expense.
12. Each defect notification submitted by the Company shall extend the period of implied warranty by the period counted from the date of notification to the date of defect removal. If the goods are to be replaced, the period of implied warranty runs anew from the date of product replacement.
13. The Company may transfer its rights arising from implied warranty to a third party.
14. The Vendor shall respond to the Company’s defect notification within 3 days in documentary form. The Vendor’s failure to respond to the Company’s defect notification within that time limit implies the Vendor’s acceptance of the defect notification in its entirety.
15. The Vendor authorizes the Company to remove defects by way of substitution at the Vendor’s expense and risk if the Vendor does not remove them within the prescribed time limit, which is in particular applicable to situations where the Vendor fails to remove the defect, removes the defect in an inadequate or ineffective way, or does not replace the goods with goods free of defects.
16. If due to defects of the goods the Company has submitted a notice of contract termination or price reduction or if the goods have been repaired or replaced with goods that are free from defects by the Vendor, the Vendor shall repair any damage borne by the Company as a result of the fact that it concluded the contract not knowing about the presence of defects, even if the defects arise from circumstances for which the Vendor is not responsible. In particular, the Vendor shall be obligated to refund the costs of concluding the contract, the costs of collecting, transporting, storing, and insuring the goods, as well as refund any expenses associated with the goods and goods processing costs. If defective goods have been combined by the Company with non-defective goods obtained from the Vendor, the Company’s right to terminate the contract, request a price reduction, request a repair of the goods or the replacement of goods with goods that are free from defects shall extend not only to the defective goods but also to the non-defective goods that have been combined with the defective goods. If defective goods have been combined by the Company with non-defective goods obtained from another vendor, the Vendor shall be obligated to repair any damage associated not only with the defective goods but also with the non-defective goods combined with the defective goods. The above is without prejudice to provisions concerning the obligation to repair damage in accordance with the general principles of the law.