GENERAL CONDITIONS
1. EXTENT OF THE TERMS AND CONDITIONS
1.1
This contract applies to all contractual relationships, goods and service provided by Faker 2000 Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (Faker 2000 Trade and Service Limited Liability Company) registered by the Municipal Court’s Trade Registry under Cg.09-09-004053 registration number, (established in 4220 Hajdúböszörmény, Középkert u. 6,) hereinafter referred as Supplier and the Customer (hereinafter referred as Parties).
1.2
Any changes on subject contract must be in a separate written agreement and signed by both Supplier and Customer.
2 POWER OF CONTRACT
2.1
This contract is valid, if Customer submits written order (by fax, mail or e-mail addressed to Supplier) or expresses verbal intention (at the Supplier’s premises) to receive goods or services provided by Supplier and the Supplier confirms it in written form and the Customer transfers the advance payment as it further specified in 8.2. In case of direct stock sales on the spot, the contract is valid by verbal agreement and the sales receipt acts as the written agreement.
2.2
The acceptance of a contra offer proposed by Supplier is considered a new offer that becomes bonding after the confirmation of the Customer. The exchange of goods or purchase price is considered as acceptance of contract.
2.3
Business proposals/bids are valid and binding for a period of 30 calendar days.
2.4
Customer acknowledges that if Supplier arranges a special order for the request of Customer in order to get goods that are not in stock, the order is not revocable or cannot be modified unilaterally by Customer.
3 PURCHASE PRICE
3.1
The purchase price is valid in case of the goods are received at the Supplier’s facility at Hajdúböszörmény 4220 Középkert u. 6, otherwise is must be stated in a written agreement.
3.2
Price list for goods and services, drawings, diagrams, dimensions, weights or any other specifications published by the Suppliers serve solely general information purposes.
3.3
The Purchase Price of the order can be unilaterally change by the Customer only
a. / if the legislative or regulatory provision justifies it
b. / if unforeseen circumstance or event occurs that was not foreseeable even with the most careful circumspection by trading Parties
c. / if from the date of contracting and the date of completion at least 30 days have passed and during this period the Forint exchange rate of National Bank of
3.4
Under the condition as it described in 3.3 point if Supplier unilaterally applies at least 10% change of price, the Customer is entitled to cancel this contract, however, with this condition, the Supplier is not responsible to pay for any direct or indirect compensation to Customer.
4 SITE, MEANS AND SCHEDULE OF TRANSACTION
4.1
The corresponding business transaction with this contract is executed on the premises of the Supplier at Hajdúböszörmény 4220 Középkert u. 6. Otherwise as it written in 4.5, specified by the customer given shipping address.
4.2
Supplier prepares and handles out the goods to Customer based on agreement made in any forms (includes phone, email, fax) on agreed due date or within the time limit. The qualitative and quantitative exchange of goods is described in chapter 6. Customer is entitled to delivery or partial delivery option.
4.3
The Customer or authorized third party contractor is responsible for the pick-up of goods upon the given delivery date, unless otherwise agreed on different terms. However, if the delivery service conducted by Supplier is part of the agreement there is no extra charge for the service.
4.4
In case the Customer arranges the delivery of goods on its own or hires third party hauling contractor, the carrier vehicle must be available for loading on the given location and time within regular business hours. The loading and the transport of the goods is the responsibility of the Customer.
4.5
Available option is that the Supplier carries out the transport of the purchased good for additional charge includes surcharges for loading, road permits and all applicable fees. In case of Supplier offered delivery service is chose, the exchange of goods takes place on the address that was given by the Customer and concludes at the time when the Customer authorized representative receives the goods. The exchange of goods must be documented, signed, and stamped on the shipping bill or/and receipt. The freight cost is included in the given price quote.
4.6
If the Customer fails to pick-up the ordered goods eight calendar days after the scheduled due day, the Supplier starts storing the goods for the Customer expense and responsibility. The storage charges start retroactively from the original date when the order should have been picked-up.
The storage fee is charged on a monthly basis, effectively from each month started and determined by 3% of the net worth of the stored goods. It is stated on the invoice where the starting day of the storage-fee is the initially scheduled delivery day.
4.7
If the Customer fails to pick-up the ordered goods 30 day after the original due day, the Supplier is no longer bonded to the terms of the contract and entitled to withdraw the goods and sell them to third party. However, Customer is subject of financial reliability for charges based on this contract.
4.8
Customer acknowledges that the Supplier in special cases employs third party vendors in order to procure goods. Therefore, Supplier provides delivery dates for these goods for guidance only and it is not responsible for any delays caused by those vendors.
4.9
The actual delivery of goods is subject of concluded full payment of the total amount (100%) by the Customer, unless is stated differently in a written agreement.
5 CONSTRUCTION SERVICES
5.1
If Customer orders installation/construction provided by Supplier, the transportation cost of good is waived.
5.2
Prior the installation/construction the work area is subject of inspection conducted by Supplier in order to ensure that work conditions are comply to applicable requirements. It must be sure that the correct preparation for safe and quality work is done, the disposal of waste produce is ensured, and all the factors affecting safe work are available.
Without prior inspection conducted, Supplier reserves the right to refuse demolition of existing structure and/or begin installation/construction. This reservation also applies if during on-site inspection Supplier is not convinced that conditions are satisfactory for civilized work, to ensure occupational safety, satisfy health safety. Moreover, if the installation area isn’t suitable to conduct satisfactory work, because of the layout/nature of work area and/or the completion of work may not be expected at the scheduled time and/or the Customer’s crew isn’t prepared, Supplier may refuse the installation/construction.
If any of the above mention conditions apply, Supplier reserves the right to stay away the work site and all conditions corresponding with these conditions must be recorded in written form.
Please note that Supplier cannot held responsible for any structural damages related to the structural integrity of existing structures, including any effects of any demolition work or structural changes experienced as result of installation process.
5.3
After the installation/construction is done, Parties document the completion of work in a formal report, other then it is described in point 6. Parties must follow a handover protocol that ends with a written statement confirming the good quality of work performed and receipt, signed by Parties.
Prior the handover protocol, Customer must conduct an inspection of the quality of work was performed Supplier, the overall condition and structural integrity of applicable structures, including all hardware provided by Supplier with special attention to damages may caused by Supplier.
After signing the statement of handover, Customer cannot claim any other compensation for flaws or any shortcomings of installation/construction from the Supplier, because those claims cannot be honoured.
5.4
If there are any flaws or damages occurred during the handover procedure, Parties must document it in written agreement that describes nature of repair in order to satisfy Customer.
In this case, the Supplier must correct all errors described in the due bill within 10 working days.
If the built-in goods that are subject of repair came from foreign suppliers, the due day of completion may be postponed. However, it cannot be delayed more than 15 working days.
Any repairs after the initial handover procedure according to section 5.3 must be repeated after the completion of warranty work.
5.5
If there is no quality issues apply with goods or services provided by Supplier, Customer must accept/receive the goods/service and fulfil all of its applicable financial obligations.
5.6
If Customer expresses demand for goods/services that aren’t included in the contract, it cannot be performed. For additional order must be submitted in a new formal order and must be contracted in written form.
Customer cannot order any auxiliary work on subject project outside the contract from Supplier’s subcontractor or third party contractor. Supplier does not recognize such practices.
6 QUANTITATIVE AND QUALITY INSPECTION DURING RECEIVING
6.1
The quantitative and quality inspection takes place on premises/location described in 4.1. and 4.5.
During the receiving process, Customer or recipient must verify the integrity of the factory packaging and count of articles accepted.
6.2
Customer can refuse the acceptance of goods/services or return goods to Supplier only in case if valid concerns occur about the contract made by Parties and Supplier gives written consent or the reason of refusal is the consequence of Supplier’s negligence.
7 QUALITY AND WARRANTIES
7.1
Supplier provides goods with quality certification, instruction manual, and - in case their subject of warranty - warranty card to Customer. Supplier guaranties that the goods are suitable for their intended use, high quality and conform to the contract and / or EU standards.
The intended use of wooden flooring is under the conditions of the maximum moisture content of 2%, + 15 ° C above the substrate and + 18 ° C above the air temperature and relative humidity 50-55% of the subject rooms, therefore Customer must apply the goods in environment where these conditions are sustainable.
7.2
In case of goods delivered in damaged packaging or the goods are damaged, written report must be made and signed by Parties in order to present a valid claim for compensation. If the reception of goods takes place in the Supplier’s facility, the receipt must contain the relevant information about the condition of goods and must be signed by Parties.
Without formal case report, no claims can be honoured and Supplier cannot compensate Supplier for any quantitative, qualitative errors and damages that weren’t stated and properly documented at receiving.
7.3
In case of qualitative complains Supplier based on its sole discretion may replace the defective goods, or give them a discount.
However, Supplier cannot held responsible for any collateral and punitive damages cased by quantitative and qualitative defects on sold goods, because its liability valid for damages occurred only on goods provided by Supplier, therefore consequential damages are not covered.
7.4
Decreased value / discounted (injured) goods are sold in AS-IS, no warranty bases, therefore Customer complaints after such type of purchase cannot be honoured as the Civil Code. 314th § regulates such business transactions.
7.5
Supplier’s liabilities are described by Law of 1993. X. Chapter.
8 PAYMENT TERMS
8.1
Orders can be paid by cash or transfer on site of pick-up, at the time of the order confirmation, or based on a separate payment schedule in case of the written agreement allows it.
8.2
Unless separate agreement states, Customer must pay in advance 50% of the purchase price within the period required to pay as it described in the agreement made between Parties, which is also in accordance with section 2.1 of the contract between the terms.
8.3
If the Customer changes its intention to fulfil obligation that previously made with Supplier and backs up on the deal that was already made and confirmed with Parties, it is reliable to pay retention charges in accordance with Civil Code § 319th (2) §. The amount of retention charges are based on the 50% of the total purchase price and can be withdraw from the initial advanced payment made at the time of order confirmation/contracting.
8.4
Only final court decision entitles Customer to apply any claims as way of payment against the outstanding balance of subject invoice.
9 LATE PAYMENT POLICY
9.1
If Customer fails behind the payment due day the account status changes to delinquent that entitles Supplier to receive late payment charges. The charges are effective from the first day after due day and based on the sum of the MNB determined base interest rate was in effect six months prior to delinquency and plus 7%.
9.2
Supplier reserves the right to use partial payments made by Customer to cover the charges of the longest overdue debts of outstanding invoices.
9.3
In case of Customer’s account becomes delinquent, Supplier reserves the right to retroactively revoke any rebates, benefits, or discounts that was given to Customer. Therefore, Supplier entitled to receive the total amount for goods and services before the discounts. Moreover, defaulting on payment due day makes all outstanding accounts of Customer due immediately that means that Supplier is entitled to change unilaterally all payment schedules/agreements made initially.
This above-mentioned status applies with its consequences also automatically if Customer has insolvency problems, is under bankruptcy, liquidation proceeding or defaulted on previous outstanding accounts.
9.4
If Customer delays in payment, Supplier is entitled to stop or suspend further deliveries without this constitutes a breach of contract. Supplier entitled to ask further guarantees, cash payment to restart deliveries.
9.5
If 15 days after the Customer received the goods/services and there weren’t any disputes on items on invoice, it is considered as the Supplier satisfied the Customer’s demands and it means that Supplier is entitled for full payment as agreed in the contract. It means that Customer recognizes the transaction as undisputed debt. Under these circumstances, failing to pay for outstanding balance leads Supplier to assume that insolvency problem holds Customer back to satisfy the terms of contract.
9.6
If payment delinquencies persist over 15 days, Customer must provide collateral/guaranty to Supplier in order to ensure its intention for Supplier’s written request. If Customer fails to provide such assurance, it entitles the Supplier to disregard the contract and seek alternatives to collect Customer’s debt includes applying the law of secondary liability on the contracting, contract signing person as well.
10 RESERVATION OF OWNERSHIP RIGHTS
10.1
Until the total purchase price and all applicable other charges aren’t paid by Customer, Supplier reserves the right to consider goods as its own property.
10.2
Until full payment is made, Customer cannot alienate goods as own property, use them for construction, process or install them in accordance with Civil Code § 133 § 3 which grants ownership rights for Supplier for further use such as installation or construction. In dispute or under joint ownership fraction ownership rights are given to Supplier. Supplier entitled for compensation accordance with Civil Code § 134 based on how much share value belongs to Supplier of the subject joint structure/product.
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10.3
If the Customer purchases goods for resale purpose, is responsible to maintain the goods during the storage with proper care. While the goods are under the custody of Customer is implementer that Customer takes full responsibility for any damages, devaluation, or loss. Customer is responsible for carrying safekeeping of products including arranging satisfactory property insurance.
4.10
If the payment delinquencies persist more than 15 days, Supplier reserves the right to reposes/collect subject properties/goods from Customer’s premises. Customer's debt might decreases according to the value of repossessed goods, however, it subject of increase as well according to transportation/loading expenses that are nature of such action and can be charged on Customer’s account.
11 VIS MAJOR / FORCE MAJEURE
Parties shall be exempt from all or part of their contractual obligations to meet, where unforeseen obstacles cannot be avoided (force majeure) and caused damage by forces that are beyond of abilities of Parties to be deal. Be considered as force majeure, but not limited to: wars, revolutions, strikes, embargoes, natural disasters, accidental events such as fire, flood, earthquake, etc. Parties involved in such event are obliged to inform other Parties in the shortest possible time about what problems/obstacles for what duration they encountered with in writing.
12 TRANSFER OF RIGHTS
Parties may transfer right of this contract to third party based on mutual prior agreement and consent.
13 APPLICABLE LAW, DISPUTES
13.1
This contract is under the power and jurisdiction of Hungarian law, particularly the Civil Code.
2.13
When legal dispute/conflict occurs between Parties, they recognize to the exclusive jurisdiction of the Pest County Court. according to CPC. 41st § (1) - (3)
Budapest
Board of Directors - Faker 2000 Ltd.
