Hullám-Pack Csomagolóanyaggyártó és Forgalmazó Kft. Székhely: 1106 Budapest Fehér u. 1. 362.
Mailing address/Site: H-2400 Dunaújváros, Lánczos Kornél u. 2. Website: www.hullampack.hu
Bank account number: 10700134-26678302-51100005 Company registration number: 01-09-873115 Tax number: 11452968 - 2 - 42
GENERAL TERMS OF CONTRACT AND DELIVERY
The regulations regarding the sale and delivery of corrugated products:
- The validity and scope of the contract: These regulations refer to all material-related contracts of Hullám-Pack Kft. (hereinafter called Supplier) and to the relating deliveries and constitute the binding content of all contracts. The parties are only allowed to differ from these terms and conditions by mutual agreement and by referring to the discrepancy from the general terms of contract. Discrepancies in any other cases are invalid. These general terms of contract enter into force on 01.02.2008, by which the former General Terms expire.
- The conclusion of the contract: The Company shall post the general terms of contract at its headquarters, publish them on
its website, enclose it to the brochures of the Company, forward it by post of fax to the address or telephone number specified by the contracting party and the Customer shall acknowledge acceptance in written. The contract with the content regulated in these general terms of contract is concluded by the confirmation of the Customer's order by the Company - if the Customer does not make any written comment on the confirmation of order within 3 days of receipt-, or in other cases it comes into effect by starting of delivery and by receiving the products. The Company shall conclude its contracts exclusively in written form, which are only allowed to be modified exclusively in written effectively. The Company is entitled to refuse further deliveries and to waive the concluded contract - without any obligation to compensate - if the customer fails to fulfil its payment obligations until the date agreed upon, or if such a circumstance arises, which may endanger the financial ability.
- Delivery: The Customer is obliged to take care of the delivery of the products. The Supplier shall send a notification on the readiness of the products to the Customer responsible for arranging the transport. The Customer is obliged to arrange the full-scale transport of products within 3 days of receipt of notice. The basis of the financial settlement is the delivery note issued by the Supplier and signed by the Customer or its representative. The place of delivery shall be the site of the Company, where the Customer or its representative is obliged to make sure of the perfect condition of the products. The Customer shall be responsible for all losses or discrepancies incurred due to damages arisen after leaving the site, during the delivery and the unloading process or in any other way. In case of any doubt regarding quality, - until clarification - the products are not allowed to be used, or if they are used, the Company does not assume liability for the extra damages arising.
If the delivery is executed by the Supplier, the risk is passed upon arrival at the destination of delivery. In this case, the Supplier is only obliged to send a notification on the delivery if its date differs from the contract. The Customer acknowledges that the delivery is arranged in a bulk cargo, so the delivery does not always take place at the same time. The Customer is obliged to ensure that the person entitled to receive the products shall be available at the place of receipt, who is obliged to confirm the receipt with its legible signature and official stamp. The place of receipt of the products is included in the contract concluded between the parties or in the confirmation of the order. The fulfilment period of the supplier is the delivery period specified in the confirmation of the order. The supplier is entitled to deliver the products without any special notification within this period and with the notification and consent of the Customer prior to this period. The date of receipt of the products is 08.00 - 06.00 on weekdays in absence of special stipulations. The Supplier shall send a separate notification on the date of delivery and receipt of the products at the explicit request of the Customer. The Supplier undertakes the lease storage of a part or all of the products at the request of the Customer up to maximum 30 days. In this case the Supplier is entitled to issue the invoice for those items as products stored at a foreign place, which shall be accepted by the Customer. The Supplier undertakes the lease storage of the products against a remuneration specified in a separate agreement
- Packaging, pallets: The products are delivered and handed over on pallets. The shipment shall be fixed with belts and its top side shall be covered with a closing cardboard. The height of the shipment shall be 120-220 cm in absence of special stipulation. The Supplier shall use modern MÁV EUR pallets of size 800x1200. The Supplier shall accept exchange pallets of the same quality instead of the pallets delivered with the products. In the lack of exchange pallets, the missing pallets shall be invoiced by the Supplier and the invoice shall be sent with the package accompanying sheet that is suitable for the identification of the shipment. The so invoiced pallets shall be repurchased by the Supplier based on the sheet within 90 days of the delivery date and they shall be credited at a unit price stated in the accompanying sheet. The Supplier refuses to repurchase the wrong, faulty, repaired, not modern or not standard EUR pallets. The place of repurchase of the pallets is exclusively the branch office of the Supplier in Dunaújváros.
- Guarantee: The Supplier undertakes an obligation to manufacture and control its products according to the technical regulative documents and the internal regulations in force.
In case of any complaints regarding the quantity or the quality of the products, a valid notification shall exclusively be given at the trade representative of the Supplier specified in the confirmation of the order within a limitation period of 6 months of the delivery date. The notification is only valid in written. If the complaint is not in written form, or does not arrive within the period specified by the regulations, the Company shall not be obliged to deal with it in merits and in their absence the liability of the Company shall be excluded.
In case of a claim for compensation against the Company related to wrong fulfilment or other reasons, the amount of claim, except 342 § of the Civil Code, shall be equivalent maximum to the value of each shipment.
- Reservation of proprietorship, default: The Company reserves proprietorship over the delivered products until the final payment of the purchase price.
If the Customer defaults on payment, it obliges itself to pay a default interest from the due date, which is equivalent to the central bank's prime rate - valid on the last day prior to the calendar half-year concerned by the default - increased by 7 % and the condition of further delivery is the immediate payment of 120 % of the purchase price of the delivered products, from which 20 % is settled from the earliest debt.
- Litigation: The parties agree that they try to settle their arising disputes primarily by negotiation but if it does not come to any result, the parties stipulate the exclusive competence of the Court of Dunaújváros (where the county court has competence: the Court of Fejér County).
Dated as of 1 February 2008
Hullám-Pack Ltd.
|