T & C

T & C – GENERAL TERMS AND CONDITIONS FOR CONTRACTS CONCLUDED BY LABLAB

GENERAL TERMS AND CONDITIONS FOR CONTRACTS CONCLUDED BY LABLAB (Hereinafter referred to as T & C)

§ 1 INITIAL PROVISIONS

1. The Lablab Foundation based in Kraków. Ul. Ślusarska 9 registered in the District Court for Kraków Śródmieście, XI Commercial Division, under KRS number 0000351764, NIP 676 241 67 59, REGON 121 185 610 (hereinafter referred to as Lablab) offers the services and the supply of goods for the purposes directly related to the activities of a professional or business entity submitting a commission (hereinafter referred to the Ordering Parties).

§ 2 SUBMITTING ORDERS

1. A contract for construction and sale of goods or execution of services (collectively, the Order) may be made by the Ordering Party in person, in writing, or online.

2. After placing an Order, Lablab shall prepare a preliminary estimate, which shall be valid for 14 days from the date of its preparation and submission to the Ordering Party with information about the date of contract execution.

3. After acceptance by the Ordering Party of the preliminary estimate and deadline of the Order, Lablab shall approve execution of the contract, and shall notify the Ordering Party. At the moment of acceptance a Contract is concluded for the implementation of the agreement between the Parties to carry out the Order.

§ 3 SUBMITTING ORDERS

1. Lablab shall perform the contract with due care on the basis of the starting materials provided by the Ordering Party, such as digital files, negatives (hereinafter referred to as the initial materials) and the procurement specifications, including format, type of binding, key, type of paper.

2. The initial materials should be prepared pursuant to the guidelines provided by Lablab (also available at the www.lablab.pl website) and delivered to Lablab no later than 3 days prior to the commencement of the Contract. Unless otherwise stated, Lablab is not obligated to revise or amend the initial materials submitted in any technical or substantive manner. Lablab is not responsible for the use of initial materials to execute orders which have been improperly prepared by the Ordering Party.

3. If the Order is made by hand (hand made prints, hand painted frames, etc.) exceptions are possible from the given model, or the samples due to the nature of the technique used. For hand made commissions of prints, the Ordering Party's presence is recommended during their production.

4. An order shall be made within 21 working days from the date of confirmation by Lablab of its approval to manufacture, or such other date as agreed by the Parties. The deadline of the Order can be changed, if necessary, make additional work (eg initial materials processing), specify the contract specifications or other arrangement between the Parties, as well as in the event of refraining from paying the deposit by the Ordering Party in the amount indicated by the Lablab, untimely supply of starting materials, change of the Order's specifications, equipment failure or force majeure.

§ 4 COLLECTION AND TRANSPORT OF CONTRACTED GOODS

1. For receipt of the Orders a delivery and acceptance protocol is drawn up. During receipt, the Ordering Party shall be required to check the correctness of the implementation of the Order. The delivery and acceptance protocol must indicate any defects found in the completed Order.

2. The Ordering Party shall be obliged to receive the order at the Lablab office, or other place agreed by the Parties within 14 days of the completion of the Order, or any other date agreed by the Parties. At the end of the above period, Lablab shall unilaterally draw up a delivery and acceptance protocol and the Order shall be deemed received by the Ordering Party without reservation.

3. Lablab is not responsible for arranging transportation for the completed Order, unless otherwise agreed. Transportation of the completed Order organised by Lablab shall not be not insured, unless otherwise agreed. Agreements on transport and insurance shall be made, under pain of nullity, in writing or via e-mail.

4. Transfer of the Order produced via a third party shall take place only at the direction of the Ordering Party given in writing, or via e-mail, and the cost and risk associated with it shall be borne by the Ordering Party. Before shipment of the Order implemented through a third party, Lablab shall unilaterally draw up an acceptance protocol, and the Ordering Party shall, at the time of handover, check compliance of the Order with the acceptance protocol drawn up by Lablab, and in the event of non-compliance, the Ordering Party shall prepare a shipping damage report with the bearer.

§ 5 TERMS OF PAYMENT

1. Orders may be conditioned by Lablab of advance payment by the Ordering Party representing 50% of the remuneration indicated in the preliminary estimate. Orders submitted by non-Polish Ordering Parties are be conditioned by Lablab of advance payment by the Ordering Party representing 100% of the remuneration indicated in the preliminary estimate.

2. The remuneration specified in the preliminary cost estimate is subject to change in case of changes to the Order made by the Ordering Party, or for reasons resulting during the execution of the Order, of which the Lablab will inform Ordering Party.

3. The remuneration for the execution of the Order shall be payable within 14 days from the date of execution of the Contract. Until the payment of the entire remuneration for the execution of the Order is made, Lablab reserves the ownership of Order (Article 589 of the Civil Code).

4. Value Added Tax (VAT) will be added to the remuneration for the execution of Order at the rate in force. 5. The cost of shipping, transportation, insurance, customs duties and other charges related to the transport of the Order shall be covered by the Ordering Party.

§ 6 CLAIMS AND LIABILITY

1. Lablab warrants Orders made pursuant to applicable regulation and the provisions of the T&C.

2. Lablab responsibility for failure, improper workmanship and defects is limited to the value of the used or entrusted material, which, however, may not be higher than the remuneration for the execution of the Order.

3. The basis for a complaint relating to the improper execution of an Order is a delivery the Order and acceptance protocol including an indication of physical defects to Lablab. Deviations from the template, sample or other piece made by hand do not establish a claim, unless they are large and do not arise from the specifics of a technique.

4. The Ordering Party declares that the execution of the Order by Lablab shall not violate the rights or property of third parties. In the event of third party claims against Lablab in connection with the violation of their rights or property, the Ordering Party agrees to cover the full cost of any litigation, legal fees and settlement remedies and damages awarded or agreed to.

§ 7 FINAL PROVISIONS

1. To the extent that these terms and conditions do not apply, the remainder shall be governed by Polish law.

2. Any disputes related to the Order shall be considered only by the competent court for Lablab's registered office.

3. If the Order is made by a consumer, the provisions of the T&C shall apply to the extent provided for by law and do not limit the consumer's protection standards.

 

Piotr Lelek - Chairman of the Board