General contract terms
Validity1. These General Contract Terms are valid and applicable for the contracts, concluded between B&K Services and Trading Ltd. (2200 Monor, Mátyás kir. 11. Hungary) as the Supplier and the Contractor (as the Customer).
2. Contracting parties can only deviate from the General Contract Terms if the Supplier and the Customer mutually agree in written form.
Quality of the goods
3. The Supplier declares that manufacture and distribution of his products meet requirements of ISO 9001 quality assurance system, as well as the products conform to the legal and official regulations.
Supply Contract coming into existence
4. The Supply Contract comes into existence in case the Supplier and the Customer legalize it in writing with their signatures, and with sending an order confirmation to the Customer, content of which equals to the order of the Customer. (Hereinafter: Supply Contract)
5. In case the Supplier sends back a different content Supply Contract than the order, it shall be considered as a new offer and the contract shall come into existence only after the Customer’s written acceptance
6. Offers made by the Supplier shall be valid for 30 calendar days.
7. Place of performance shall be the place agreed between the Supplier and the Customer and stated in the Supply Contract as well. If there is no other agreement the place of performance shall be the site of the Supplier or releasing of the goods to a courier (or postman).
8. In case the place of performance is stated as the warehouse of the Supplier, costs of loading shall be born by the Supplier. Suitable truck shall be provided by the Customer. If the Customer is to blame for not providing a truck and the goods can’t be carried away, consequences shall be born by the Customer.
9. In case the place of performance is the destination, the Customer shall be responsible to unload the goods at his expense. In case of deviating agreement the parties shall state the conditions in writing. Performance of the Supplier is done by passing the goods to the Customer.
10. Date of performance shall be stipulated according to the agreement between the Supplier and the Customer in the Supply Contract. The Supplier keeps the right to take pre-performance about which he shall advise the Customer in time.
11. Place of quantity and quality receipt shall be the place of performance. The Supplier shall provide quantity and quality receipt at his own site. The Customer or his representative shall make sure when receiving the goods that the products are not damaged or incomplete, independently from the package of the goods. After the Customer received the goods the Supplier shall not accept any complaint of quantity or of damages occured during transport.
12. Conditions of receipt of the products to be assembled on the destination shall be stipulated in the Supply Contract. Fact of performance shall be verified by the Customer with his signature.
13. When receiving the goods the Customer shall immediately report quantity or quality complaints , if he fails it, correct performance – according to the contract – of the Supplier shall be assumed unil the Customer verifies his complaints.
14. The claims which can’t be discovered at receipt shall be reported without delay by the Customer, not later than within 2 days in case of quantity claim and within 8 days in case of quality claim, attaching the verifying documents towards the Supplier. For complaints arriving after the deadline the Supplier doesn’t take responsibiity.
Prices, pricing and discounts, payment terms
15. Invoice is always issued according to the updated price list and discount classification of the Supplier. Rates of discount of the products – given specially to the Customer – are included in a special price list. Rates of discount depend on the product and the multiplier number stated for the Customer and which can vary according to the turnover, made by the Customer. The Supplier examines and modifies the list prices according to the pricing rules. According to these rules the Supplier shall advise his contracting Customers 14 days prior to the date when the new prices come into force. The Supplier shall undertake to sell the valid and not fulfilled orders of the Customer within the agreed deadline for the prices, stated in the order confirmation. In case of delayed receipt, failed by the Customer, the new prices shall be applied. The Supplier shall advise the Customer about the special offers/actions in time, before the date of start. In case of custom-made products, especially manufactured, purchased for the Customer, the Customer shall pay 30 % of the calculated price, stated in the Supply Contract as a prepayment when ordering the product.
16. The purchase price shall be stipulated according to the agreement, stated between the Supplier and the Customer in the Supply Contract.
17. The method of payment can be cash at the cash desk of the Supplier and non-cash (bank transfer). In case of bank transfer the Supplier will state a credit limit for the Customer after certifying liquidity of the Customer
18. The date of payment – in case of the contract of bank transfer – is within 8 banking days from the date of performance, or the date, stated in the Supply Contract.
19. In case of expired debit – even if there is a valid supply contract – the Supplier refuses further delivery - not even for cash – till the Customer settles his full debit.
20. Ownership of the subject of the Supply Contract belongs to the Supplier till the Customer doesn’t pay its countervalue to the Supplier.
21. The Customer – in case of delayed payment, in lack of other agreement – shall be obliged to pay – always the legally valid interest for the delayed payment to the Supplier after the Supplier’s written advice
22. In case a quality claim comes regarding the supplied product, the Supplier shall be oblliged to change the defected product into a good quality one, or if possible to repair it. If the claimed product hasn’t been changed or repaired, the Customer is entitled to receive price-discount, rate of which is calculated upon the difference between the price of the claimed and the good quality product. Responsibility of the Supplier includes only the content of this point. Beyond this the Supplier doesn’t take responsibility for damages, occuring during processing/manufacturing of the claimed product or for the lost profit or for any direct or indirect material or intellectual damage, occuring from assemble, repair, transport or for extra costs to be born by the Customer or a third party regarding the claimed product.
23. In case the quality complaint is verified (Products included in the Supply Contract are to be claimed) the Supplier shall bear the cost of re-transport. The Supplier shall undertake to send the good-quality changed products to the destination - stated in the Supply Contract - at his expense.
24. Responsibility of the Supplier can be enforced only in case of proper use conditions.
25. The Supplier warrants that the products distributed by him are suitable for proper use. The Supplier undertakes commonly 12 month warranty for his products. Beginning of the warranty period is the date of performance.
26. In case of decreased quality products if the Supplier advises the Customer about this, a quality claim can’t be accepted.
27. The Supplier keeps the right to modify technical specifications of the products.
Cancellation of the contract
28. Cancellation of the contract shall be done from both parties in writing.
29. The Supplier can withdraw the contract without any legal consequence in 2 days from the date of concluding the contract.
30. The Customer can withdraw the contract without any legal consequence in the following cases: If the ordered product is not in stock and purchase/production of it hasn’t started. In any other case the Customer – in case of his unilateral withdraw – is obliged to pay damage of the Supplier. Compensation shall be 100 % of the purchase price if the subject of the contract is a custom-made product or a product purchased specially for the Customer
Repurchase of the sold product
31. The Supplier doesn’t exclude the possibility of repurchase of the sold products in consignee construction. Repurchase can concern only the products which weren’t sold for more than one year and the Customer has paid the full purchase price; packaging is not damaged, the products have got original, unused condition, and which come from the Supplier’s standard serie of his catalogue. Repurchase (reinvoice) price shall always be the subject of an agreement but it can’t be higher than the price invoiced at the original sale. The Customer can present his invoice – made upon the agreed unit price – after the repurchased products had been sold and the Supplier advised the Customer about it. Repurchase of the products which were sold more than one year ago or custom-made products, can only be repurchased after pre-agreement and for the price the Supplier think it worths.
32. In the matters not regulated in this General Contract Terms the provisions of the Civil Code shall be authoritative.
33. In case of legal dispute the contracting parties shall try to solve it through peaceful compromise with mutual agreement. In case of no result - depending on the value limit – exclusive competence of Monor Town Law Court and Pest County Law Court shall be stipulated.
12 May 2006. Monor