General Terms and Conditions – GTC.
Budapest, January 25, 2020
- Basic provisions:
The contract between Indoortech s.r.o. as Seller and all Buyers for all products sold by Seller is based on these General Terms and Conditions (hereinafter GTC). If the Seller and the Buyer do not enter into a separate contract, these GTC shall apply. If the Seller and the Buyer enter into a separate contract, these GTC shall apply to issues not regulated in the contract or otherwise regulated.
Simultaneously with the Buyer’s order, he accepts the present GTC published on the website and offices of Indoortech s.r.o, which the Seller shall hand over to him separately at the Buyer’s request. The order confirmation and the invoice will state that the sale and purchase will be made in accordance with the Seller ‘s General Terms and Conditions of Delivery. The terms and conditions set out in the GTC may be supplemented or amended by terms and conditions of different content and mutually agreed upon set out in separate agreements concluded between the Seller and the Buyer (eg General Payment Agreement, Partner Agreement, agreement, order confirmation).
The prices included in the offer are valid within the validity period of the offer, under the specified payment and delivery terms. The delivery deadline stated in the offer is of general informative nature, the exact deadline can be given after receiving the factory confirmation. Advertising and informative offers given to the Buyer – e.g. offers made in circulars, brochures, reproduced other notices and discussions by telephone do not constitute an offer – no offer obligation is established on the part of the Seller. The Seller may charge a fee for the preparation of a detailed offer prepared at the request of the Buyer, which does not qualify as an order.
- Order confirmation
Only orders confirmed in writing by the Seller shall be deemed accepted by the Seller. The Seller undertakes only to fulfill the content recorded in the confirmation. The written order of the Buyer and the confirmation of the Seller together constitute the contract concluded between them. The Seller is entitled to withdraw from the contract concluded by confirming the order if the Buyer does not provide the payment guarantees accepted by the Buyer within a specified period (eg advance payment, advance payment, bank guarantee, etc.). Buyer from the contract entered into the Civil Code. 6: 231 (3), he may withdraw until the performance is offered. Buyer can only exercise the right of withdrawal for the standard product sold from stock, not for custom-made individual products. You must compensate the Seller for the damage caused by the withdrawal. The Seller may unilaterally refuse to fulfill the order without any consequences if liquidation proceedings, winding-up proceedings or bankruptcy proceedings are initiated against the Customer.
The prices published by the Seller in the price list do not include the delivery cost and VAT, or if the cost of packaging and the environmental product fee are indicated at the same time. If the order is placed after the expiry of the offer, the Seller is entitled to pass on any price increases. Prices were calculated by handover at the Seller’s premises. Seller reserves the right to change the price in the event of a supplier price increase, exchange rate change and other price-changing circumstances that are independent of the Seller. The Seller reserves the right to change the price in respect of the informative prices published in the printed price list or by telephone. The right to change the prices announced as a confirmation of the orders is enforced if more than 15 calendar days elapse between the confirmation and the fulfillment and the Seller notifies the Buyer (customer) in a confirmation of the reservation of this right. Upon delivery to the Buyer’s premises by the Seller’s means of transport or courier service, the Seller charges a delivery cost, which is determined depending on the weight of the shipment and the distance of delivery.
Invoicing is made in euros at the selling rate of the foreign currency of the Seller’s service provider at the time of invoicing. If the Buyer clearly indicates this in advance, invoicing may also be made in HUF.
- Terms of payment
If the contract between the Seller and the Buyer is concluded on the condition of an advance or advance payment and the Buyer fulfills these payment obligations late, this order is deferred to the delivery deadlines agreed in the order confirmation or the Seller is entitled to change the terms agreed in the confirmation. and, in the case of a contract, withhold the supply or withdraw from the contract. If the Seller incurs additional costs as a result of non-payment of the advance payment, he is entitled to transfer it to the Buyer with a credible proof of the additional costs and to validate it in the invoice. The final amount of the invoice issued by the Seller shall be paid immediately upon receipt of the goods against the invoice in case of cash payment. If the contents of the offer or the contract are concluded on the condition of an advance payment, the start of the order or the delivery time undertaken to the manufacturer shall be credited to the Seller’s account.
Bank charges shall be borne by the Buyer.
In case of late payment, the Seller is entitled to charge the central bank base rate valid on the first day of the calendar half-year in accordance with § 6: 155 of the Civil Code, increased by 8 percentage points, from the calendar day following the due date until the day of payment. When calculating the interest rate, the central bank base rate valid on the first day of the calendar half-year affected by the delay shall prevail for the entire period of the given calendar half-year. Payment of default interest is due immediately. The Seller is entitled to cover the costs related to the collection of its claim for a flat-rate cost of at least € 40 (Section 6: 155 (2) of the Civil Code), which is charged to the Buyer at the MNB’s central rate. In the event of an unpaid invoice by the payment deadline, the Seller is entitled to link the Buyer’s service only to immediate cash payment and advance transfer. Enforcement of the warranty claim made by the Buyer, or the loss of interest after the purchase, the refusal to pay, the withholding of the purchase price. there is no room for reduction.
In the case of consumer contracts, the default interest is valid on the first day of the calendar half-year affected by the delay in accordance with Section 6:48 of the Civil Code.
equal to the base rate.
In the event of the conclusion of a Deferred Transfer Payment Agreement, the Seller shall establish a credit line for the Buyer. To the extent of the credit line, if the Buyer has no overdue obligations, the Seller will provide the Buyer with a deferred transfer payment. If the Buyer is in arrears with previous invoices or there are doubts about its solvency, the Seller is entitled to request an advance payment or other payment guarantees, as well as to reduce or terminate the Buyer’s credit line with immediate effect.
Ownership of the Goods shall be retained by the Seller until the full balance of the invoice relating to the Goods has been paid. Until this date, the Goods may not be alienated (pledged, transferred, pledged or pledged as collateral) without the consent of the Seller.
- Performance, transfer of risk
Upon delivery of the product to the Buyer at any of the Seller’s premises, the risk of damage passes from the Seller to the Buyer. In the case of deliveries made by the Seller, the risk of damage shall be borne by the Buyer upon delivery of the Goods to the Buyer. In this case, the risk of damage passes at the place and time of the signing of the delivery document (delivery note, invoice, etc.) by the Buyer or the Buyer’s representative indicating the status of this agent, which must always be indicated on the delivery note. The Seller may refuse the sale in justified cases. The seller is entitled to inspect the means of transport and the consignee before handing over non-exempt ADR products. In case of non-compliance, the Seller may refuse the transfer. Refusal to deliver the goods excludes the Seller’s delay in performance. The Contracting Parties shall immediately notify each other of all facts, data and information which prevent, make impossible or delay the performance of the agreement concluded between the Parties. If the Buyer does not accept the goods offered for acceptance without a written request twice, the Seller is entitled to consider the order null and void. If the Buyer does not or only partially receive the ordered or confirmed product, the Seller is obliged to pay all certified damages and the central bank base rate valid on the first day of the calendar half-year for the net price of the quantity not received increased by 8 percentage points as a penalty for failure. to pay the Seller. In the case of individual products (system, project product), 100% of the value of the products not received is the penalty for failure.
- Transport aids
The Seller provides transport aids and pallets for certain products, which are the exclusive property of the Seller. The Seller provides this to the Buyer in the form of a lease. The current rental conditions of the Seller shall govern the calculation of the rent. The Seller is entitled to waive the rental fee or is entitled to invoice the subject of the rental to the Buyer upon written request. The rent is included in the received ticket / cmr.
In connection with the products sold, if the manufacturer of the product sold undertakes a warranty with his own letter of guarantee, this manufacturer’s warranty is valid. By filling in its own letter of guarantee, the Seller undertakes a contractual guarantee in accordance with the conditions indicated therein. This warranty letter can be validated if the installation form attached to it is returned to the Seller by the Buyer within 8 working days after the installation (commissioning). In the case of products and accessories requiring commissioning, the Seller undertakes a contractual guarantee for a period of 12 months from the date of commissioning to the Buyer, but not longer than 18 months from the delivery of the product. For all other products, the warranty period is 1 year after purchase. The warranty applies only to the complete product sold by the Seller to the Buyer, in the event that the defect is due to a design, material or manufacturing defect not recognizable at the time of receipt of the goods and used for its intended use, but does not cover after installation. other elements associated with the product. The warranty obligation is only borne by the Seller in case of professional delivery, storage, installation and operation. In the event of a defect within the warranty period, the Seller will provide a replacement product upon request for a fee. If there is a possibility of a legitimate warranty claim based on the existing circumstances, the Seller will deliver the product to the manufacturer at his own expense, where the manufacturer will inspect the machine in a factory specially designed for this purpose and decide on the validity of the warranty claim. The decision is mutually accepted by both the Seller and the Buyer. In the event of a legitimate warranty claim, the Seller will credit the Buyer with the price of the defective product or replacement product already provided. In the case of a contract with end users, Regulation 151/2003 on the mandatory warranty for each product. (IX.22.) In accordance with this Decree.
- Warranty rights
A Ptk. may, at the option of the Buyer, enforce its warranty rights under the warranty period.
The Seller excludes its liability for damages – unless there is a case of intent or gross negligence on the part of the Seller – due to improper handling of goods, non-compliance with safety regulations and failure to train or install. in the event of damage resulting from the improper work of a person who does not have the required certificates or qualifications. A claim for damages based on a warranty commitment may only cover the value of the delivered product and does not cover any indirect or consequential damage. Seller excludes its liability in the event of a delay in delivery, unless the Parties agree in writing on a penalty for delay and / or delivery on a specified day and the delay occurs for reasons arising in the Seller’s interest. The case of force majeure justifies the delayed delivery, in which case no penalty will be charged on the price. After this, the Seller is obliged to deliver the goods.
- Quantitative, – qualitative objections
Quantitative objections based on incomplete or incorrect deliveries, resp. In case of recognizable deficiencies, quality objections must be communicated to the Seller in writing immediately, in the minutes taken upon receipt, or within 7 days from the receipt of the goods. Defects that are not immediately recognizable must be reported to Seller within 14 days of recognition, but no later than the last day of the warranty period. The Seller reserves the right to remove the goods or goods objected to as described above. examine the deficiency or have it examined by an independent institution or expert. The objected goods must be returned / delivered to the Buyer’s premises. If the Seller acknowledges the objection or the inspection confirms the legitimacy of the objection, the Seller is entitled to eliminate the defect by repair, delivery or replacement of additional parts at its own discretion. Until the validity of the quality complaint is established, you will invoice the Buyer. After the investigation decision establishing the legitimacy of the objection, the Seller shall credit the value of the invoiced exchange product.
- Return of goods
If the Seller, at the request of the Buyer / because the Buyer does not need the product for a later reason / decides to take back the goods, he shall make the return subject to the following conditions: Buyer shall provide the Seller with the invoice and delivery note number. The goods must be returned to the Seller’s premises in their original packaging and condition. The Seller may refuse to take back if the packaging or the product is damaged / disassembled or the goods have been installed or the product is only of the type assigned to the given Buyer. The Seller is entitled to charge the Buyer the cost of administration and to deduct it from the refunded purchase price according to the invoice. This rate is 0% within 3 days, 10% within 8 days, 20% within 30 days, 30% within 365 days, 50% over 365 days of the original purchase price. The seller may refuse to take back products purchased beyond 365 days due to technical obsolescence.
- Settlement of Disputes
The parties stipulate the application of Hungarian law in the event of legal disputes arising from these GTC. For the handling of consumer complaints arising from consumer contracts, the CLV of 1997 on consumer protection. Act 17 / A. §. If certain conditions included in these GTC become invalid, it does not affect the validity of the other clauses.
- Data management
The Seller shall record the data of the Buyer on the invoice and voluntarily provided for the purpose of maintaining the commercial connection in its computer system. By accepting the GTC, the Buyer consents that the Seller may use this data for further information materials sent to the Buyer and only handle it for the purpose of maintaining contact with him – and fulfilling his obligations specified by law.
- Other communications
This GTC shall enter into force on 1 February 2020 and shall apply until revoked. Its provisions shall apply to shipments made after 1 February 2020.
In addition, the above applies at the same time to the current export / import production / distribution and execution processes of the Czech Republic / Poland / Austria / Slovakia, only the laws and legal sections of the respective country will change.