7 min read
Last updated: 4 September 2026
These terms set out the basis on which Mervia Group, os. Górali, 31-961 Kraków, Poland acts for business customers. They are not terms of sale, because we do not sell.
We are a commission agent. We do not buy, hold title to, or resell goods. The supply contract is between you and the manufacturer, on the manufacturer’s terms, and the manufacturer pays us a commission. Nothing on this page creates a contract of sale between you and us, and nothing on it can be read as us assuming a seller’s obligations.
1. Scope
1.1 These terms apply to everything we do for you: preparing a specification, obtaining quotations, arranging samples, arranging inspection, and assembling the compliance documentation.
1.2 They do not govern the sale. The contract for the goods comes into existence between you and the manufacturer on the manufacturer’s order confirmation, subject to the manufacturer’s own conditions. Where those conditions and this page differ on anything to do with the goods, the manufacturer’s conditions apply.
1.3 We will tell you which manufacturer is quoting before you commit, and their conditions are available from us on request.
2. What we do
2.1 We turn your requirement into a written specification and confirm it with you before anything is quoted.
2.2 We obtain quotations from manufacturers in our network — normally two or three where the specification allows a comparison — and present them on comparable terms, in your language.
2.3 We arrange samples, and we arrange inspection against the confirmed specification before despatch.
2.4 We obtain the compliance documentation from the manufacturer and check that it matches the specification and the product code you are buying, before the goods leave.
2.5 We do not give legal, tax or regulatory advice. Where this site or our correspondence explains a rule, it is to help you ask the right question, not to answer it for you.
3. Quotations
3.1 A quotation is the manufacturer’s, not ours, even where it reaches you through us.
3.2 Quotations are typically valid for 14 days from issue. Polyethylene and paper prices move with resin and pulp markets; on repeat programmes manufacturers will usually fix prices quarterly if asked.
3.3 A quotation is an invitation to order. The contract takes effect on the manufacturer’s written order confirmation.
3.4 Where the specification changes, the price and lead time are re-quoted.
4. Orders, lead times and payment
4.1 Lead time starts on the date stated on the order confirmation, which is the date the specification was confirmed in writing — not the date of enquiry or of your purchase order.
4.2 Indicative lead times are 12–15 working days ex works for stock specifications and 18–22 for custom sizes, colours or print. Where we become aware that a date will not be met, we tell you as soon as we know rather than on the due date.
4.3 Minimum order quantity is typically one pallet per specification, confirmed on the quotation.
4.4 You pay the manufacturer. Prices, payment terms, currency, VAT treatment, retention of title and interest on late payment are matters between you and the manufacturer, on their conditions. We are not a party to that payment and we do not invoice you for the goods.
4.5 Our commission is paid by the manufacturer, at the same rate across every plant in our network. Nothing you pay is ours.
5. Delivery and risk
5.1 Delivery is on the Incoterm stated on the manufacturer’s order confirmation — normally EXW, FCA or DAP (Incoterms 2020). Risk passes as that Incoterm provides, between you and the manufacturer.
5.2 Under FCA, where delivery is complete depends on the named place: at the plant’s premises, when the goods are loaded onto your carrier’s vehicle; at any other named place, when the goods arrive on the plant’s vehicle ready for unloading. Ask for the named place to be written on the quotation.
5.3 Delivery dates are estimates unless expressly agreed as fixed in writing with the manufacturer.
6. Inspection and claims
6.1 Inspect the goods on arrival and notify us of any defect within 8 working days of delivery, with photographs and, where relevant, a sample. The manufacturer’s own notification period runs from the same date, which is why a late notification is hard to recover.
6.2 Do not return goods before we have responded. We reply within 2 working days with the manufacturer’s position: replacement on the next production slot, a credit note, or a price adjustment where the goods are usable at a lower grade.
6.3 The claim is against the manufacturer. The goods are theirs and so is the liability: your supply contract is with the plant that produced them, and a credit note or replacement comes from there. What we do is open the claim the day you raise it, assemble the evidence against the written specification, and press it in Polish.
6.4 Where a claim is disputed, we will arrange an independent inspection rather than let it be argued by email. Our commission does not depend on which way that inspection goes.
6.5 Freight on a returned consignment is settled with the goods, by the manufacturer, where the fault is theirs.
6.6 Tolerances. The following are normal in this trade and are not, on their own, defects. They are confirmed on the quotation and it is the quotation that governs:
- gauge: nominal −5%
- dimensions on sacks: ±10 mm
- quantity: ±5% on made-to-order production, invoiced as delivered
- colour: as agreed against a reference sample at sampling stage
7. Our liability
7.1 We are responsible for the services described in section 2 — the specification we write, the quotations we present, the inspection we arrange and the documentation we obtain — and for exercising reasonable skill and care in doing so.
7.2 We are not responsible for the goods. We do not warrant them, we cannot give a warranty on another party’s product, and we are not the economic operator standing behind them. Anyone offering you single-point accountability for goods in exchange for a commission is describing a commitment they have not made.
7.3 Where we are liable, our liability is limited to the commission we received on the order concerned, except where liability cannot be limited by law.
7.4 We are not liable for indirect or consequential loss, loss of profit or loss of production, except where caused by our wilful misconduct or gross negligence.
8. Compliance documentation
8.1 For every order within the scope of Regulation (EU) 2025/40 (PPWR) the manufacturer issues a signed Declaration of Conformity per packaging type, together with the supporting technical documentation, a material composition statement and packaging weights by material. We obtain that pack and check it before the goods leave; we do not issue the declaration and are not the economic operator that stands behind it.
8.2 Where you place goods on the market under your own brand, Article 21 PPWR treats you as the manufacturer and the Declaration of Conformity is yours to issue. Separately, placing packaging on a national market makes you the producer for EPR purposes, with the registration and reporting that follow. We obtain the technical documentation that supports your declaration; the declaration and the registration are yours.
9. Private label and intellectual property
9.1 Intellectual property in artwork you supply remains yours. Printing plates carrying your design are used for your orders only and are destroyed on written request.
9.2 You warrant that artwork you supply does not infringe third-party rights and you indemnify us and the manufacturer against claims that it does.
9.3 Plates are held by the manufacturer for three years from last use, after which they may be destroyed with notice.
10. Confidentiality and non-circumvention
10.1 We do not publish the names of the manufacturers we represent, and we do not disclose your specifications, volumes or prices to another customer.
10.2 Where we introduce you to a manufacturer, we ask that orders for that specification continue to be placed through us for the duration of the engagement. This is the ordinary basis on which a commercial agency works and it is stated here rather than left to be discovered.
11. Force majeure
Neither party is liable for failure to perform caused by an event beyond its reasonable control, including raw material shortage, energy interruption, industrial action, natural disaster or governmental measure.
12. Governing law and jurisdiction
12.1 These terms are governed by Polish law. The courts of Kraków, Poland have exclusive jurisdiction over the agency relationship they describe.
12.2 The supply contract between you and the manufacturer has its own governing law and jurisdiction, stated in the manufacturer’s conditions. It is not necessarily the same, and it is worth reading before a first order.
12.3 These terms are drawn up in English. Where a translation is provided for convenience and the versions differ, the English version prevails.