Physical defect.
The Seller is liable under warranty for physical defects that, existed at the moment of the transfer, were of risk to the Client, or were caused by a reason inherent to the Product at the same moment. A physical defect consists of non-compliance of the Product with the Sales Agreement. In particular, a Product is not compliant with the Sales Agreement, if:
1) it does not have the properties a Product of this kind should have in association with its purpose as determined in the Sales Agreement or with the specific circumstances or use;
2) it does not have the properties it should have according to the Seller’s assurance or judging from the sample or model presented by the Seller;
3) it is not fit for the use communicated by the Client to the Seller upon execution of the Sales Agreement, if the Seller did not make any objections to such use of the Product;
4) if it was handed over to the Client incomplete. If the Client is a consumer public, representations of the manufacturer or his representative, or the person who places the Product on the market within his business activity, are treated on a par with the Seller’s representations, the same as the representations of the person who purports to be the manufacturer by placing his name, trademark or another distinctive marking on the Product.
The Product has a physical defect also in the case of its defective assembly or startup, if this were done by the Seller or a third party for whom the Seller is accountable, or by the Client in accordance with instructions delivered by the Seller.
legal defect
The Seller is liable to the Client if a Product sold by him or her is the property of a third party or is encumbered with the rights of third parties, or if there are limitations as to its use or management following the decision or ruling of a competent authority; in the case of the sale of a right, the Seller is also responsible for the existence of the right.
Limitation of Seller’s liability
The Seller is not liable under warranty, if the Client was aware of the defect upon execution of the Sales Agreement.
If the object of the Sales Agreement are Products specified in genre only or Products that are to be manufactured in the future, the Seller is not liable under warranty, if the Client was aware of the defect upon execution of the Sales Agreement. This provision does not apply if the Client is a consumer.
The Seller is not liable to a Client who is a consumer if the Product sold by him or her does not have the properties claimed in the public representations referred to hereinabove, if he was not aware, or could not reasonably be expected to be aware of them, or if they could not affect the Client’s decision to execute the Sales Agreement, or if they were corrected before execution of the Sales Agreement.

1) Stage: repair/replacement

If a Product is notcompliant with the Sales Agreement, the Client may request that it be brought to a condition compliant with the Sales Agreement by free-of-charge repair or replacement, unless repair or replacement is impossible or excessively costly. When evaluating whether costs are excessive, the value of a Product compliant with the Sales Agreement should be considered as well as the type and degree of non-compliance, and the inconvenience that the Client would suffer if his complaint were to be satisfied in another manner.
2) Stage: price discount / refund
If, for reasons stated above, the Client may not request repair or replacement, or if the Seller is unable to satisfy such request in reasonable time, or if repair or replacement would cause major inconvenience to the Client, the Client may request adequate price discount or withdraw from the Sales Agreement. The Client may not withdraw from the Sales Agreement, if Product non-compliance with the Sales Agreement is insignificant. When determining reasonable time for repair and replacement, the type the Product and the purpose of its purchase should be considered.

1) Group: price discount / refund
If a Product sold to the Client is defective, the Client may request price discount or declare withdrawal from the Sales Agreement, unless the Seller promptly, and in a manner that is not excessively inconvenient for the Client, replaces the defective Product with a non-defective Product or removes the defect. This reservation does not apply, if the Product was already replaced or repaired by the Seller, or if the Seller failed to comply with his obligation to replace the Product with a non-defective Product or remove the defect The proportion between price discount and the price of the Sales Agreement should correspond to the proportion between the value of the defective Product and the value of the same Product free of any defects. The Client may not withdraw from the Sales Agreement, if the defect is insignificant.
• If the Client is a consumer, he may request replacement of a defective Product with a non-defective Product instead of defect removal proposed by the Seller in accordance with the foregoing provisions, or he may request defect removal instead of Product replacement, unless it is impossible to bring the Product to comply with the Sales Agreement in the manner chosen by the Client, or excessively costly compared to the manner proposed by the Seller. When evaluating whether costs are excessive, the value of a non-defective Product should be considered as well as the type and significance of defect, and the inconvenience that the Client would suffer if his complaint were to be satisfied in another manner.
If only some of the Products sold to the Client are defective and if these can be detached from non-defective Products without detriment to either party, the Client’s right of withdrawal from the agreement is limited to the defective Products.
2) Group: repair/replacement
If a Product sold to the Client is defective, the Client may request its replacement with a non-defective Product or removal of the defect. The Seller shall replace the defective Product with a non-defective Product or remove the defect in reasonable time and in a manner that is not excessively inconvenient for the Client. The Seller may refuse to satisfy the Client’s request if it is impossible to bring the defective Product to comply with the Sales Agreement in the manner chosen by the Client or if it is excessively costly compared to the other possible manner of bringing the Product to compliance with the Sales Agreement.

• The Client may request the permanent court for consumer arbitration referred to in Article 37 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws /Dz.U./ 2001 no. 4 item 25 as amended) to settle a dispute arising from the Sales Agreement. The organisation and the procedures of permanent courts for consumer arbitration are set forth in the Regulation of the Polish Minister of Justice of 25 September 2001 on the organisation and the procedures of permanent courts for consumer arbitration. (Journal of Laws /Dz.U./ 2001 no. 113, item 1214).
• The Client may request the Regional Trade Inspector, in accordance with Article 36 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws /Dz.U./ 2001 no. 4 item 25 as amended), to initiate mediation for arbitrary settlement of a dispute between the Client and the Seller. Information on mediation procedures conducted by the Regional Trade Inspector is available at the offices and on the websites of the respective Regional Trade Inspectorates.
• The Client may receive free-of-charge assistance in the settlement of a dispute between the Client and the Seller from the poviat (municipal) consumer ombudsman, or from social organisations that are statutorily obliged to protect consumers (e.g. Consumer Federation, Polish Consumers Association). Assistance is offered by Consumer Federation via a toll-free hotline number 800 007 800 007 707 and by the Polish Consumers Association at the following email address: porady@dlakonsumentow.pl.