General business conditions
 

Concerning the products purchased or ordered from MaxiCont Kft. the following general contracting conditions will be applied:

  1. By the reception of the offer or the invoice the Customer acknowledges and accepts that the contract between the parties will be concluded in compliance with the provisions of the "General business conditions". The validity of any additional agreement or understanding deviating from the "General business conditions" requires the written form.
  2. Contractual relation between the parties will be established, if
    • the offer of MaxiCont Kft accepts in its original from in writing. Only the written offers are operative,
    • the written order of the Customer will be confirmed by MaxiCont Kft in writing. Any verbal agreement should be confirmed in writing afterwards.

    Until the legal establishment of the contractual relation, MaxiCont Kft is not put under any obligation.

  3. Our offers are not binding until the order is not confirmed by our company in writing. Till this date our offer is only for orientation.
  4. The services to be provided by MaxiCont Kft should be laid down in the offer, the confirmation and the contracts concluded separately.
  5. The partial inoperativeness of present General business conditions does not influence its operativeness as a whole.
  6. The rights of the Customer arising from the contract can only be assigned or transferred in possession of our prior written consent.
  7. Our prices are basic prices specified in HUF, EUR or USD currency without VAT. Our prices cover the normal and usual packaging of the goods; the costs of any different packaging will separately be charged.
  8. If a time of delivery not exceeding 3 days will be accepted or until the date specified in the order, the prices qualify fixed prices. If the time of delivery accepted exceeds 3 days, any changes in the specified prices due to changes in the exchange rates, the regulations or other reasons (e. g. increase in the raw material prices, transport costs, etc) will be devolved upon the Customer.
  9. If the contract concluded between the parties contains no sanctions for overdue deliveries, no compensation or rate cutting can be requested referring to such legal title.
  10. The Customer may terminate a commenced contract, but in such cases the Customer is obliged to redeem the full consideration of all activities commenced in the framework of the specified partial performances (materials with delivery note received by MaxiCont Kft) and
    • if the period between the date of termination and the commencement of the contract is shorter than 8 working days, 20 % of the entire contract value or the balance after the payment of the partial performances should be paid;
    • if the period between the date of termination and the commencement of the contract is 8 working days or longer, 100 % of the entire contract value or the balance after the payment of the partial performances should be paid.
    If the contract will be terminated due to causes outside the responsibility of the Company (e. g. due to modifications by the Customer), MaxiCont Kft reserves the right to invoice the actual real expenditures, even if the contract did not specify partial performances.

    Our Company is not responsible for the inobservance of the specified deadlines in the following cases: strike at our company or at the plant of our supplier, energy shortage, communication problems or intervention of the authorities, always provided that such events were not predictable or avoidable or they occurred as the consequence of the intervention of higher authorities.

  11. The performance can be full or partial. In case of partial performance the parties should conclude a written agreement concerning the manner and terms of the partial performances. Our Company is authorised to perform in parts even if the contract does not envisage partial performances. In case of overdue receipt, the consignment will be taken for responsible care-taking free of charge for 6 days and in consideration of a care-taking fee of 0.3% of the net value thereafter.
  12. The location of the performance is the premise of our Company. The delivery of the goods from there is the job of the Customer. Pursuant to a separate agreement between the parties, the forwarder to be employed by the Customer can be secured by our Company or the services will be accomplished by an accepted sub-contractor selected carefully. The passing of risk takes place when the goods will be passed over to the forwarder.
  13. The Customer is obliged to receive the goods qualitatively after having checked the quantity and inspected the consignment. The complaints for visible quality problems should be recorded in the minutes.
  14. Pursuant to the operative regulations and based on the product certificate issued by the manufacturer, our Company provides warranty for the goods delivered. In default of other agreement, the invoice issued by us serves as product certificate for the product of I. class quality.

    The Buyer cannot claim in excess of the liquidated damages against Maxicont Ltd., nor any unlimited claims as in the Civil Code are allowed.

    The Buyer is not eligible for a claim against Maxicont in excess of 5% of the net value represented in the contract/order/receipt.

    Any possible complaint can be enforced against MaxiCont Kft in writing latest 8 days after the delivery. If the Customer hasn't any complaints within 8 days, the Maxicont isn't accept any complaints after that.

    MaxiCont Kft assumes warranty responsibility only for unambiguously identifiable, certified direct damages caused by our company. In case of justified warranty complaints our Company is obliged to subsequent services or repairs without obligation to pay compensation. In such cases the subsequent services and repairs are free of charge, they are performed in compliance with the provisions of the original contract without the need to conclude a new one.

    The performance can not be qualified as faulty, if the defect will be caused by improper use by the customer or the user.

  15. The parties try to solve any disputes between them amicably by negotiations. If such negotiations remain resultless, the Hungarian laws are to applied. The parties stipulate the exclusive jurisdiction of the Metropolitan Court.
  16. Any complaints concerning the invoices should be submitted to our Company in writing with justification enclosed within one week from receipt of the invoice. Otherwise the invoice will be qualified as accepted.
  17. In case of overdue payment, our company is authorised at its own discretion to suspend the further deliveries and performances until advance payment will be made or other securities will be provided. In case of non-payment the company is authorised to claim compensation and terminate the contract and stop the activities immediately without the payment of any compensation to the Customer.

    The term of payment is contained in the invoice. In default of other agreement, in case of overdue payment the Customer shall pay a penalty what is 1% per day, and max. the double of the current prime rate. The penalty is valid for the total price of the order.

  18. The right of ownership of the goods delivered will be retained until the full redemption of the equivalent. The right of ownership will be transferred to the Customer by the full redemption of the equivalent.
  19. The notes and the correspondence concerning the agreement will be put down by MaxiCont Kft in the archive for five years.





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