Terms of sale

1 · Who we are, and who these terms are for

BADAR TRADING SPÓŁKA Z O.O., registered in Łódź, Poland, trading as an independent sourcing and trading company. Registration details are on the company details page.

These terms are for business buyers. Our quantities, documentation and delivery arrangements are set up for trade, and we do not sell to consumers. Where a requirement would be better served by a retailer or a local distributor, we say so rather than take the order.

2 · Enquiries are not orders

Sending an enquiry through this website does not place an order and does not oblige either of us to anything. It asks us to investigate a requirement.

Every enquiry receives a reference of the form BT-RFQ-YYYY-XXXXXX. That reference identifies the enquiry; it is not a confirmation that anything can be supplied.

The acknowledgement email confirms receipt and nothing else. It does not promise availability, price, lead time or a response time.

3 · Quotations

Where we can identify a commercial route, we issue a written quotation. It states the material and grade, the quantity and packaging it is priced against, the price basis, the lead time, the documentation included and the delivery terms.

The quotation is the operative commercial document. Where it differs from anything on this website, the quotation governs. Nothing on the public site is an offer to sell, and no price, quantity or lead time is published here.

An order is formed when you accept a quotation in writing and we confirm acceptance.

Unless the quotation itself states otherwise, a quotation is valid for 7 days from the date of issue. The period is short by design: prices for scarce materials move with raw-material markets, and a quotation held open for weeks would either misprice the material or force us to pad it.

4 · What we are and are not

BADAR is an independent trading company. We are not a manufacturer, and we are not an authorised, official or exclusive distributor for any manufacturer. We do not describe ourselves as one, and any quotation states the kind of route a price rests on.

We do not hold stock. Availability, packaging and minimum order are established per enquiry with the manufacturer or distributor concerned and confirmed before we quote. Nothing is described as available until it has been confirmed as available.

Where a material cannot be obtained, or where a named finish is proprietary to its manufacturer, we say so rather than quote something adjacent.

5 · Specification and suitability

Technical values come from the manufacturer’s data sheet for the material supplied. We pass those on; we do not generate them.

Deciding that a material suits your application is your responsibility. We will tell you what a material is, what the manufacturer states about it, and where it differs from something you asked for. We cannot know your process, your substrate or your acceptance criteria, and we recommend testing in your own system before committing to a production quantity.

Where we propose an alternative to a material you named, we state which property differs. Accepting an alternative is your decision.

6 · Quantities, packaging and minimum order

Minimum order quantity is set by the manufacturer or the supply route, not by us, and varies enormously between materials. It is confirmed in the quotation.

Packaging is quoted in the formats the source actually fills. Where a pack size you want does not exist, we say so.

Effect finishes and colour-matched material should be ordered in a single batch where consistency matters, because a later batch may not match. We will advise on this; the quantity ordered is your decision.

7 · Price, tax and payment

Prices are quoted against a stated quantity, packaging and destination, and in the currency shown on the quotation. Prices for scarce materials can move with raw-material markets, which is why they are quoted per enquiry rather than published.

Value added tax and any other duties or charges are applied according to the rules for the transaction and the destination, and are shown on the quotation and invoice.

Unless otherwise agreed in writing, payment is due in full before dispatch. We do not hold stock and generally pay our own sources before goods move, which is why we do not extend credit as standard.

Where a quotation states different terms, those terms apply to that order. Accepted payment methods are stated on the invoice.

8 · Delivery, lead time and transport

Delivery is arranged per order and confirmed in the quotation, including the delivery terms that apply. We do not claim delivery to any particular territory in advance. Tell us the destination country with your enquiry and we establish what can ship there.

Many paints, pigments and coatings are classified as dangerous goods for transport. That classification affects packaging, carrier, route and cost, and in some cases whether a consignment can travel at all. It is established before we quote.

Lead time is specific to the material and the route. For materials made in production campaigns rather than continuously, lead time is often the binding constraint rather than price. Lead times given in a quotation are the best information we have at the time and are not guarantees.

No default delivery rule applies. The delivery terms for an order are those stated in its quotation, including any Incoterms rule and the edition it refers to. A single default would be wrong for much of what we ship: destination, transport classification and whether goods are dangerous all change what is workable.

9 · Documentation and regulatory responsibility

The manufacturer’s safety data sheet and technical data sheet are supplied with the material. Tell us at enquiry if they must be in a particular language or must travel with the goods rather than follow by email.

Certifications and declarations belong to the manufacturer. We supply what the manufacturer declares; we do not certify products ourselves, and we are not a regulatory consultancy.

Some materials are restricted, authorisation-controlled or prohibited for particular uses, and the position depends on the substance, the use, the volume and the destination. We check the current commercial position for a specific material and tell you what it means for supply. Responsibility for compliance in your own use remains yours, including any registration, authorisation, labelling or reporting obligation that attaches to you as a user, importer or downstream formulator.

10 · Samples and evaluation quantities

Where a manufacturer offers a trial or sample quantity we quote it separately. Some materials are not sampled at all, and we say so at the enquiry stage rather than after an order.

A sample shows what that sample is. Production material is supplied to the manufacturer’s specification, within their stated tolerances, which for effect and colour-matched materials may differ visibly from a sample. Where appearance matters, agree a reference — a sprayout or a retained sample — before the production order.

11 · Intellectual property and third-party brands

Manufacturer names, product names, paint codes and trade marks referred to in a quotation or on this website belong to their owners. They are used to identify materials and requirements. Their use does not imply any relationship, endorsement, authorisation or affiliation between BADAR and the owner.

Content on this website belongs to BADAR Trading unless stated otherwise.

12 · Liability

We take care in identifying materials, describing them accurately and passing on manufacturer information correctly. Where we get something wrong, tell us and we will put it right.

Because we do not control how a material is used, we cannot accept responsibility for the outcome of its use in your process, or for decisions about suitability, which section 5 places with you.

Limit on the amount

Our total liability for any claim arising out of or in connection with an order — whether in contract, tort, or otherwise — is limited to the price paid for the goods giving rise to the claim.

Loss we do not accept

We are not liable for indirect or consequential loss. In this trade that most often means loss of profit, loss of production or downtime, the cost of reworking or refinishing an object, loss of contracts or business, or damage to the item being coated. Those risks sit with the decision to use a material in a particular process, which section 5 places with you.

What is never excluded

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited. That includes liability for death or personal injury caused by negligence, and liability for fraud or fraudulent misrepresentation.

Where a claim relates to the goods themselves — wrong material supplied, wrong quantity, damage in transit where we carried the risk — tell us promptly and we will put it right or refund the price paid.

13 · Circumstances beyond control

Neither party is in breach for a failure caused by something genuinely outside its control. In this trade that most often means a manufacturer discontinuing or reformulating a product, a production campaign being cancelled, a regulatory change affecting a substance, or transport of dangerous goods being disrupted.

Where that happens we tell you promptly, state what it means for the order, and agree what to do — wait, substitute, or cancel the affected part.

14 · Governing law

These terms, and any contract formed under them, are governed by the law of Poland.

For international sales, the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies where its own conditions are met. It is not excluded. The convention was written for cross-border trade between businesses, and we consider it a fairer starting point for a buyer abroad than the law of the seller’s country alone.

The courts having jurisdiction over our registered seat in Łódź, Poland have exclusive jurisdiction over any dispute arising out of or in connection with these terms.

Nothing here affects any right you have under mandatory provisions of the law of your own country that cannot be set aside by agreement.