4. Claims of the client in case of damage/defect
4.1 If not the sale of consumer goods are in question claims arising from the delivery lapse after one year . In the event of the use of chemical products we shall not be liable for defects and damages arising therefrom following the indicated expiry date.
4.2In the event that the sale is feasible for both parties regarding commercial transaction and regular administration, the client, following the receipt of the goods, must forthwith examine them. If in the course of that, any defect is exposed, it shall forthwith report that to the supplier. Complaints shall only be considered if we receive a written notification with (a) photo(s) thereof within one working day at the latest from the receipt of the goods. In the case of complaints that we consider legitimate we decide freely whether if we perform a delivery gratis for the goods that shall be returned to us free of charge or we credit the amount of the invoice and we cancel the contract. According to the contract all further claims are rejected such as damages, wages, delivery fees, late-payment penalties and other allowances based on similar grounds. It shall also be excluded that the client, based on the complaint, cancels the contract. In the event that the partial delivery is defected, the rights may not be enforced pertaining to the rest of quantity. The returns shall exclusively be accepted following our prior written approval.
4.3 In the event that the client fails to make the adequate notification above, the goods, thereby the performance, shall be deemed accepted, except if the default was not recognizable at the time of the examination. In other cases the Sections pertaining to the commercial transactions shall be applied.
4.4 he claims, depending on our consideration, shall be restricted either to the reparation of the defects, or to the delivery of goods free of defect (subsequent performance). In the event that the subsequent performance fails, the client may elect either the reduction of the price or the cancellation of the contract.
4.5 Further claims of the client - especially claims related to the consequential damages arising from the defaults - are essentially excluded. This shall not apply in the cases of intentionality, gross negligence, or the material breach of the contractual obligations of the supplier. Neither shall they apply in cases where life, physical integrity and health have been violated. This shall not affect the right of the client to cancel the contract.
5.All deadlines related to the delivery are specified according to our best judgment. However they shall not constitute any obligations on us. The enforcement of liquidated damages based on the late-performance of the delivery or compensation for damages are excluded. The client is not entitled to cancel the contract based on the late performance of the delivery. Similarly in the case that the partial performance is late, rights may not be enforced pertaining to the rest of partial quantity. In case of any malfunctioning, lack of material or fuel, fire damages, full or partial termination of business activity, the late or non-satisfactory custom clearance of vehicles, and all other force majeure events such as mobilization, war, strike, ban of import or exports, entitle us to request the appropriate extension of the delivery deadline or to terminate the delivery contract fully or partially.
6. In the event that the goods at the time of the deadline of the receipt are not received we have the right to cancel all on-demand delivery agreements and all assignments without prior notification thereof. In this case the client is not entitled to any claims against us. Upon partial performance according to the agreement, the client shall make the demands at regular intervals and quantity in due time to have the part of the regular production and delivery that concerns us achievable within deadline. We are in all cases entitled to partial delivery even without explicit agreement thereon.
7. If there is no agreement differing from this between the parties the settlement of the accounts occurs in Hungarian Forint. Unless otherwise agreed, our invoices shall be paid by the deadline specified in the agreement, i.e. within 30 days from the issuance of the invoice. The payment shall be made without deduction, via transfer onto the bank account indicated by us regardless of the arrival of the goods. The set off of claims that are disputed or not ruled to be final and binding, are excluded, however that shall not damage the right to put in order an incompleteness. All payments shall be made directly to us. Our representatives are not entitled to the collection of payments. In the event that the deadline for payment is passed, default interest will be charged according to the amount of the relevant private bank interest, including also the bank commissions pertaining to unsecured credits. We reserve the right to the enforcement of further compensation for damages also. We send the invoice of the services agreed by post or via electronic means, i.e. e-mail.
8. Cheques and bills of exchange are only accepted upon explicit agreement thereon and by stipulating the success of their collection. All those costs related to the bill of exchange and other expenses that are emerged on our side related to the administration of the cheques or bills of exchange shall be borne by the client. If the collection occurs at a smaller commercial venue we do not take responsibility for the collection of the bill of exchange or the cheque in due time, or for the rejection of the acceptance of the bill of exchange (protest). The cheques and bills of exchanges shall only be considered as the performance of the payment following their collection.
9. If the outstanding sales price is not paid accurately we are entitled to cancel all our contracts with the buyer without any particular action and to enforce our claims for damages arising therefrom. If the goods that are ready to be delivered are not received in a timely manner we are entitled to do the same as in the case of inadequate payment. In the event that following the conclusion of the contract the financial situation of the buyer deteriorates, or if we receive inconvenient information on the buyer, we are entitled to, besides the modification of the payment terms, require advance payment or if the delivery has already been performed to require immediate payment. This also applies to the case if bill of exchange or cheque were granted regardless whether if the inconvenient information pertaining to the financial situation is related to the buyer or the drewee. To decide whether an information is inconvenient or not is solely our competence. In the event that the collection of various bill of exchanges or cheques is in progress and one of them is not collectable, we are entitled to request the payment of the rest of the amount in cash in addition to reserve the right to have returned our property free of charge. In addition we have the right in all the cases under this Section to cancel the contract with the relevant buyer and to claim compensation for damages.
10. The buyer shall not be entitled to set off any counterclaims against our claims or in the case of these to enforce a pledge in relation to one of its claims. The buyer shall not be entitled to vest its rights originating from the contracts concluded with us to a third person without our approval.
11. The goods shall remain our property until the complete settlement of the claims originating from the business relation. As long as there is no failure to pay on its behalf, the buyer is entitled to the further use of the goods, on which the seller reserved its ownership, in the course of its business. No further disposition is allowed, such as establishment of a lien, transfer of security or sale after the establishment of insolvency. The establishment of a lien on goods on which the seller reserved its ownership, shall be reported forthwith along with the attachment of the record (its copy) of the establishment of the lien. In the event that the buyer markets the goods, on which the seller reserved its ownership, in exchange for credit, then the sale price from the onset of the arise of the claims shall be considered to be transferred to us. The buyer shall be entitled to collect the claims as long as we do not prohibit it due to the deterioration of its financial situation. In this case, upon request the debtor shall submit a waiver regarding each claim in two copies. In the event that a third person acquires ownership on the goods on which the owner has reserved its ownership, the buyer must refer to the fact that it is our property and shall inform us forthwith. The cost and damages originating from this shall be borne by the buyer. In case of the wrongful conduct of the buyer, especially in the event of late payment or the deterioration of financial situation, we are entitled to take back the goods, on which the owner has reserved its ownership, on the expense of the buyer, or in certain cases to request the right of the buyer to release against third person. The take back of the goods, on which the owner has reserved its ownership, or the establishment of a lien on them by us, - unless a permanent lease contract is applicable - shall not be considered as the cancellation of the contract.
12. The laws of Hungary shall be applied pertaining to these business terms and conditions, and to all legal relationship between us and the buyer. If the legislation allows so, the courts with jurisdiction at the business premises of the seller shall have jurisdiction over all disputes originating directly or indirectly from the contractual relation, even if the sale and the delivery to the destination occur free of charge. In this case the carriage to the buyer shall be considered as an advance. In the event of a dispute we reserve the right to designate another court’s jurisdiction within the EU. In this case the laws of the relevant EU member state shall be applicable. In all cases the goods shall be considered as an advance to the buyer.
13. REACH compliance and information obligations
13.1 The supplier undertakes, that the goods delivered to projekt h2o hungária Kft., including their packaging are in compliance with the provisions of the regulation of the council No 1907/2006 (REACH). This, in particular, ensures that the products, preparations delivered and their packaging do not contain any substances, indicated according to the relevant candidate list in the concentration exceeding 0,1 % weight by weight (substances) (SVHC substances - substances of very high concern). The supplier is obliged to register (in advance) all materials that it delivers by itself or by its suppliers to projekt h2o hungária Kft. in the event that they concern the obligations to register according to REACH. In the event that the supplier, in accordance with the regulation REACH, is not obliged to register, it must have its suppliers to be obliged to observe the obligations according to REACH. Upon request, the registration in relation to the goods delivered by the supplier or its suppliers, must be certified in writing to the projekt h2o hungária Kft..
13.2 The supplier ensures, that if the products/preparations delivered by it or the packaging of these contain substances that fall under the scope of REACH, they shall be registered appropriately in accordance with REACH. It shall also undertake that it sends all the information and documents defined in the regulation (in particular in accordance with the Article 31 of the REACH regulation and with the Articles following that) within the period specified in the REACH to projekt h2o hungária Kft., and/or it forwards its supplier information to projekt h2o hungária Kft. forthwith.
13.3 In the event that the buyers, the competitors, or the authorities contact projekt h2o hungária Kft. on grounds of the violation of the provision of REACH - which is the result of some of the goods of the supplier -, the projekt h2o hungária Kft. is entitled to request from the supplier its defence against the claims originating from this and to claim the compensation of damages arising from the lack of REACH compliance.
13.4 The obligations above shall also be applicable (with the exception of the obligations to register) in the case when the seat of the supplier is not in an EU member state. It shall, in particular, inform projekt h2o hungária Kft., if in the product, or in the preparation delivered, and their packaging contain an SVHC substance in a concentration higher than 0,1 %, or if the substances within the scope of REACH, under normal and foreseeable application may enter the environment.
14. Unless otherwise agreed than the above the supplier and its representatives used at the administration are responsible for those claims for damages which originate from the breach of contract by a wrongful conduct of impeding the performance, from the violation of the obligations specified at the negotiations of the contract, or from unlawfully causing damages. Responsibility for personal injuries shall be taken in accordance with the laws. Responsibility for material damages shall be restricted to 250.000 HUF for each harmful event, and in the total of 500.000 HUF. Responsibility for financial damages is excluded. The restriction of responsibility and the exclusion of responsibility are not applicable if the damages occurred in privately used objects in accordance to the law on product liability, or in the cases of intentionality, gross negligence or the breach of material contractual obligations, or in the case of lack of insured attributes, or if there is a liability insurance pertaining to the characteristics of the contract and to the foreseeable damages.
15. These general terms and conditions are available to the public at all times at our website: www.projekt-h2o.eu. By placing an order the client confirms that it has read, acknowledged, and accepted these general terms and conditions. Our suppliers, by confirming our order, confirm that they have read, acknowledged, and accepted these general terms and conditions. The general terms and conditions granted on one occasion shall be applicable to all further transactions. May any of the provisions of the general terms and conditions or of any other agreement be or become invalid, this shall have no affect on the validity of the rest of the provisions. In this case the invalid provision shall be replaced with a provision that is executable, and is in the closest conformity with the economic and/or legal object of the invalid provision.
Please read the following document carefully as accessing, downloading, browsing or using the email address provided on any and all of the projekt H2O kft webpages (collectively referred to throughout this document as Website) you agree to adhere to the below listed Legal notices.
1. The data and information available on the Website is provided as purely informational, for the completeness, accuracy and any future changes to this information, projekt H2O hungária kft does not take any responsibility. projekt H2O hungária kft may update the information and data available on the Website, however the accuracy of this information cannot be guaranteed. projekt H2O hungária kft does not take responsibility for damages caused by the inaccuracy of any information provided on the Website or for using, accessing and downloading information. Furthermore, H2O hungária kft does not take any responsibility for damages caused by crashing and maintanence problems with the website, any other technical difficulties with the website, viruses found on the website or the illegal downloading and changing of data by any individual. projekt H2O hungária kft maintains the right to change, in part or completely, any information provided on the Website.
2. The content available on the Website is not to be considered as advice, offer or request for offer. The Website does not contain any sort of contract or offer nor any sort of downloadable content for an offer or authorisation for an offer. The Website is purely and exclusive introductory webpage for projekt H2O hungária kft and the general information available on the website is purely available for its informational value to the public. The above are not binding for projekt H2O hungária kft-t.
3. The Website’s structure, design and content – except if otherwise stated – is the intellectual property of projekt H2O hungária kft and as such it is under legal protection. Any use of it without prior permission provided is illegal. The logo belonging to projekt H2O hungária kft is the company’s legal trademark. Usage and/or distribution of parts or the entire content of the Website’s written or photographic content, may only be carried out with prior written permission provided by the author. The Website’s written content may be quoted, provided that it is not used for commercial gain and the source is clearly stated. projekt H2O hungária kft does not take responsibility for any outside website’s run by third parties linked on the Website.
4. Any information, idea or content provided to projekt H2O hungária kft on the Website or through the email address provided on the Website transfers to projekt H2O hungária kft and may be used freely by the company.
5. In the event that personal details (for example, name, address, email address, telephone number and fax) are provided, these are handled and archived by projekt H2O hungária kft. These details are provided voluntarily. Upon request, projekt H2O hungária kft will provide the details given to the company to the individual and on further request these details can be updated, corrected or deleted.
6. The server used by the Website automatically saves visitors’ IP addresses and the time of access. projekt H2O hungária kft uses this information exclusively for website-related analysis and to ensure the highest levels of security throughout the Website. Moreover, this information is used to finding and protecting the Website against any harmful or illegal activities.