Public Offer
This document is the official public offer of the Production and Technology Center "IMPEXMASH", hereinafter referred to as the "Seller" or the "Contractor", addressed to any legally capable individual, individual entrepreneur, or legal entity, hereinafter referred to as the "Buyer" or the "Customer", to conclude a contract for the purchase and sale of goods and/or the provision of services under the terms set out below.
This Public Offer regulates the procedure for ordering bakery, confectionery, and food equipment, spare parts, components, as well as related services that may be provided through the website, communication tools, email, or other communication channels agreed upon by the parties.
Before placing an order, sending a request, approving a commercial offer, or paying an invoice, the Buyer must carefully read the terms of this Offer. If the Buyer does not agree with its terms, they must refrain from placing an order or making payment.
1. General provisions
1.1. This document is a public contract in accordance with the provisions of the Civil Code of Ukraine and other regulatory legal acts of Ukraine.
1.2. The terms of this Offer are the same for all Buyers, except in cases where individual terms of order, configuration, delivery, installation, warranty, or service maintenance are agreed by the parties separately in an invoice, commercial offer, specification, contract, or other written document.
1.3. Any of the following actions by the Buyer shall be considered full and unconditional acceptance of the terms of this Offer:
- sending a request through the website;
- approving a commercial offer;
- confirming an order by email, phone, or messenger;
- paying an invoice in full or in part;
- accepting goods or services from the Seller.
1.4. From the moment of acceptance of this Offer, the Buyer is considered to have read the terms of the contract, accepted them, and agreed to fulfill their obligations.
1.5. The Seller has the right to change the terms of this Offer. The new version comes into force from the moment of its publication on the website, unless otherwise specified in the Offer itself.
2. Terms and definitions
Website - the website located at https://impexmash.com/, which is used to present equipment, goods, services, company information, contacts, and ways to contact the Seller.
Seller - the Production and Technology Center "IMPEXMASH", which sells bakery, confectionery, and food equipment, spare parts, components, and may also provide consulting, service, and other related services.
Buyer - an individual, individual entrepreneur, or legal entity that has contacted the Seller with a request, approved an order, received a commercial offer, made payment, or otherwise accepted the terms of this Offer.
Goods - bakery, confectionery, chocolate, glazing, forming, dough-mixing, dosing, proofing, baking, auxiliary equipment, spare parts, components, and other goods presented on the website or offered individually to the Buyer.
Services - consultations, equipment selection, service maintenance, technical support, installation, commissioning, staff training, or other related services, if agreed by the parties.
Order - the Buyer's request to purchase Goods or receive Services, placed through the website, by phone, email, messenger, or any other agreed method.
Commercial offer - a document or message specifying the name of the equipment, configuration, price, payment terms, estimated delivery times, warranty terms, and other essential terms of a specific order.
Acceptance - the full and unconditional acceptance by the Buyer of the terms of this Offer by approving the order, paying the invoice, or performing other actions indicating agreement with the terms of the contract.
3. Subject of the contract
3.1. The Seller undertakes to transfer the Goods and/or provide the Services to the Buyer, and the Buyer undertakes to accept and pay for them in the manner determined by this Offer, invoice, commercial offer, specification, or separate contract.
3.2. The subject of the contract may include:
- new bakery and confectionery equipment;
- equipment of own production;
- used or refurbished equipment;
- spare parts and components;
- industrial lines and turnkey solutions;
- service maintenance and technical support;
- other goods or services agreed by the parties.
3.3. Information about goods on the website is for informational purposes and does not always mean that a specific model is available in stock. The final configuration, price, delivery terms, and technical characteristics are confirmed by the Seller's manager in the commercial offer or invoice.
3.4. The Seller has the right to change the assortment, technical characteristics, configuration, appearance, price, or availability of goods on the website without prior notice, provided that such changes do not concern an already agreed and paid order.
4. Order placement procedure
4.1. The Buyer may place an order or request a consultation through the form on the website, by phone, email, messengers, or another available method of communication.
4.2. To place an order, the Buyer may provide the following data:
- first and last name of the contact person;
- company name or individual entrepreneur name, if the order is placed for a business;
- phone number and email address;
- city, region, or country of delivery;
- equipment name or description of the production task;
- desired productivity, product type, workshop format, or other technical requirements;
- invoice details, if required for order processing.
4.3. After receiving the request, the Seller's representative contacts the Buyer to clarify the details, select equipment, check availability, agree on the price, configuration, payment terms, delivery, and other order details.
4.4. The order is considered agreed after confirmation by the parties and/or after payment of the invoice by the Buyer.
4.5. The Seller has the right to refuse to fulfill the order if the goods are unavailable, cannot be technically supplied, the Buyer has provided false data, has not made payment, or there are other objective reasons that make order fulfillment impossible.
5. Price of goods and payment procedure
5.1. Prices on the website may be informational. The final cost of goods and services is determined in the commercial offer, invoice, specification, or contract agreed by the parties.
5.2. The order cost may include the price of equipment, spare parts, components, delivery, installation, commissioning, service, or other additional works, if agreed by the parties.
5.3. Payment is made by bank transfer on the basis of an invoice or by another agreed method, if provided by the Seller.
5.4. Payment terms may provide for full prepayment, partial prepayment, staged payment, or another procedure agreed by the parties in the invoice, commercial offer, or contract.
5.5. In case of manufacturing equipment according to an individual order, special configuration, or reservation of equipment, the Seller may require prepayment. The amount of prepayment and the terms of its return are determined separately in the commercial offer or contract.
5.6. The payment date is considered to be the date when funds are credited to the Seller's bank account.
6. Terms of supply, delivery, and receipt of goods
6.1. Delivery of goods is carried out in the manner agreed by the parties: pickup, transport company, courier service, individual delivery, or another agreed option.
6.2. The cost of delivery, cargo insurance, packaging, unloading, installation, or other additional services is not included in the price of the goods, unless expressly stated otherwise in the invoice, commercial offer, or contract.
6.3. Estimated delivery times are communicated to the Buyer during order approval. Delivery times may depend on stock availability, configuration, production schedule, delivery conditions, carrier operations, and other circumstances.
6.4. The Seller is not responsible for delivery delays caused by carriers, customs procedures, weather conditions, military actions, power outages, blocked transport routes, or other circumstances beyond the Seller's control.
6.5. The Buyer is obliged to check the quantity, completeness, packaging integrity, and external condition of the goods upon receipt. If damage or discrepancies are found, the Buyer must record them in the carrier's documents and notify the Seller as soon as possible.
6.6. After the goods are accepted without remarks, the goods are considered transferred to the Buyer in proper external condition and agreed configuration, unless otherwise proven by the parties.
7. Installation, commissioning, and service maintenance
7.1. Installation, commissioning, staff training, technical support, or service maintenance are provided only if such services have been separately agreed by the parties.
7.2. The terms, deadlines, place, cost, and scope of such services are determined in the commercial offer, invoice, contract, or other written agreement of the parties.
7.3. The Buyer is obliged to provide proper conditions for the installation or commissioning of equipment: prepared premises, power supply, ventilation, access to equipment, personnel, and other conditions provided for by technical documentation or agreed by the parties.
7.4. The Seller may provide consultations on equipment operation; however, the Buyer is independently responsible for complying with safety rules, sanitary standards, technological modes, and requirements of current legislation when using the equipment.
8. Warranty terms
8.1. The warranty period for equipment, spare parts, or components is determined by the manufacturer, the Seller, the invoice, warranty card, equipment passport, or separate contract.
8.2. The warranty applies to manufacturing defects or malfunctions that occurred through no fault of the Buyer and provided that the rules of transportation, storage, installation, operation, and maintenance are observed.
8.3. The warranty does not apply to the following cases:
- mechanical damage to the equipment by the Buyer or third parties;
- incorrect connection or installation without agreement with the Seller;
- violation of operating rules specified in the technical documentation;
- independent repair or interference with the equipment design;
- use of equipment not for its intended purpose;
- damage caused by voltage fluctuations, moisture, contamination, or improper operating conditions;
- natural wear of consumables, seals, belts, knives, heating elements, and other replaceable parts, unless otherwise agreed by the parties.
8.4. To consider a warranty claim, the Buyer must provide information about the equipment, a description of the malfunction, photos or videos, purchase documents, and other data necessary for diagnostics.
9. Return and exchange of goods
9.1. Return or exchange of goods is carried out in accordance with the current legislation of Ukraine, the terms of this Offer, and individual agreements of the parties.
9.2. Equipment manufactured or configured according to the Buyer's individual order may not be subject to return if it is of proper quality and corresponds to the agreed characteristics.
9.3. Return of goods is possible only if their commercial appearance, completeness, factory marking, documentation, packaging are preserved, and there are no signs of installation, use, damage, or interference with the design.
9.4. Used, refurbished, or demonstration equipment is sold taking into account its actual technical condition, which the Buyer must assess before purchase or agree separately with the Seller.
9.5. All claims regarding the quantity, completeness, or external condition of the goods must be made upon receipt of the goods or within the period agreed by the parties.
10. Rights and obligations of the parties
10.1. The Seller is obliged to:
- provide the Buyer with information about the goods or services to the extent necessary for placing the order;
- prepare a commercial offer or invoice after clarifying the order details;
- transfer the goods in the agreed configuration after the Buyer fulfills the payment terms;
- inform the Buyer about significant changes regarding delivery times, availability, or configuration of the goods;
- ensure confidentiality of the Buyer's personal data in accordance with the legislation of Ukraine.
10.2. The Seller has the right to:
- clarify the Buyer's data for proper order fulfillment;
- refuse to fulfill the order if the goods are unavailable, supply is technically impossible, or the Buyer violates payment terms;
- change information on the website without prior notice;
- engage third parties for delivery, service, installation, or performance of other agreed works;
- change the terms of this Offer by publishing a new version on the website.
10.3. The Buyer is obliged to:
- provide accurate information for placing the order;
- pay for goods or services on time in accordance with the agreed terms;
- accept the goods in the agreed manner;
- check the goods upon receipt;
- comply with the rules of operation, installation, maintenance, and safety;
- not use the equipment for purposes other than intended.
10.4. The Buyer has the right to:
- receive information about the goods, configuration, payment and delivery terms;
- request consultation on equipment selection;
- demand proper fulfillment of the agreed order terms;
- contact the Seller regarding service or warranty issues in the established manner.
11. Liability of the parties
11.1. The parties are liable for non-performance or improper performance of the terms of this Offer in accordance with the current legislation of Ukraine.
11.2. The Seller is not responsible for:
- mistakes made by the Buyer when choosing equipment without prior consultation with the Seller;
- incorrect connection, installation, or operation of the equipment by the Buyer;
- violation of technological modes, sanitary standards, or safety rules at the Buyer's production facility;
- delays, damage, or loss of cargo caused by the carrier;
- actions of banks, payment systems, transport companies, or other third parties;
- technical failures of the website that occurred through no fault of the Seller;
- differences in color, shape, or appearance of the goods in photos due to screen settings, lighting, or model updates by the manufacturer.
11.3. The Buyer is responsible for the accuracy of the provided data, timely payment, proper operation of the equipment, and compliance with the requirements of technical documentation.
11.4. The parties shall try to resolve all disputes through negotiations. If no agreement can be reached, the dispute shall be resolved in the manner prescribed by the current legislation of Ukraine.
12. Force majeure
12.1. The parties are released from liability for partial or complete failure to fulfill obligations if such failure resulted from force majeure circumstances.
12.2. Such circumstances may include: military actions, state of emergency, fires, floods, natural disasters, epidemics, blocked transport routes, power outages, actions of state authorities, import or export bans, strikes, technical accidents, disruptions in carrier operations, or other circumstances that the parties could not foresee or prevent.
12.3. The party affected by force majeure circumstances must notify the other party of such circumstances within a reasonable time.
13. Confidentiality and personal data
13.1. The Seller processes the Buyer's personal data for the purpose of processing orders, preparing commercial offers, issuing invoices, organizing delivery, service maintenance, technical support, and feedback.
13.2. By sending a request, message, or placing an order, the Buyer gives consent to the processing of their personal data in accordance with the Privacy Policy published on the website.
13.3. The Seller does not transfer the Buyer's personal data to third parties, except when such transfer is necessary for order fulfillment, delivery organization, payment, service, or is required by the current legislation of Ukraine.
14. Term of validity of the Offer
14.1. This Offer comes into force from the moment of its publication on the website and remains valid until it is withdrawn or replaced by a new version.
14.2. The contract between the Seller and the Buyer is considered concluded from the moment of acceptance of the Offer and remains valid until the parties fully fulfill their obligations.
14.3. The Seller has the right to change or withdraw this Offer at any time. Changes do not affect the terms of orders that were agreed and paid before the publication of the new version, unless otherwise agreed by the parties.
15. Seller's contact details
Production and Technology Center "IMPEXMASH"
- Address: 25005, Ukraine, Kropyvnytskyi, Stepana Chobanu St., 2;
- Phone: +38 (050) 487 10 90;
- Phone: +38 (067) 520 02 04;
- E-mail: info@impexmash.com;
- Website: https://impexmash.com/.
For legal accuracy before publication, it is recommended to add the full legal name of the legal entity, EDRPOU code, bank details, and, if necessary, approve the final version with a lawyer.