1. These General Terms and Conditions are valid and applicable to all contracts concluded between PEMŰ Műanyagipari Zrt. (2083 Solymár, Terstyánszky út 89.) as Supplier and Customer.
2. In the event of a conflict with the Customer’s own general terms and conditions, these GTC. regulations apply. The General Terms and Conditions may only be deviated from if the Supplier and the Customer agree otherwise by mutual written agreement.
The establishment of the Delivery Agreement
3. The Delivery Agreement is established if the Supplier confirms the order of the Customer and the Customer accepts the confirmation in writing, or if the confirmation is not received in writing within 5 working days.
4. If the Supplier confirms the order with a different content, it is considered a new offer and the contract is only established if the Customer accepts it in writing. If the Customer does not respond in writing within 5 working days to a confirmation with content different from the order, the confirmation will become invalid.
5. Offers made by the Supplier without an order are valid for 30 calendar days.
Terms of delivery
6. The place of performance is the Supplier’s headquarters or premises.
7. The appropriate transport vehicle is provided by the Customer. If, in this case, the delivery of the goods is not carried out due to the lack of a suitable transport vehicle, the consequences of this will be borne by the Customer, the time of performance is the time of making the goods available.
The risk of damage is transferred by placing the product on the means of transport, if the loading is carried out by the Supplier. The risk of damage is transferred when the product is made available, if the loading is carried out by the Customer or his representative.
8. The time of performance is determined according to the agreement established between the Supplier and the Customer and recorded in the Delivery Agreement. The Supplier reserves the right to advance delivery, of which it is obliged to notify the Customer 3 days before delivery.
9. The place of quantity and quality pick-up is the place of performance. The Customer confirms the fact of delivery by signing the delivery note.
10. Upon receipt, the Customer must immediately indicate his objections to quantity or quality, otherwise it must be assumed until proof that the Supplier has performed in accordance with the contract.
11. The Customer is obliged to notify the Supplier in writing of any quantity and quality objections that cannot be identified upon receipt, but – in case of a quantity objection – no later than 2 days, and no later than 8 days in the case of a quality objection, together with the supporting documents after the defect has been discovered. The Supplier assumes no responsibility for objections received after the deadline.
Terms of payment
12. The purchase price is determined according to the agreement established between the Supplier and the Customer and recorded in the Delivery Agreement.
13. Payment can be made in cash, in the Supplier’s cash register, or by bank transfer.
14. In the case of bank transfer contracts, the payment deadline is 8 days from the date of completion, or the time specified in the Delivery Agreement. If the Customer fails to take over the goods, the Supplier – in addition to taking the goods into responsible custody and issuing a storage declaration for the goods – is entitled to invoice the consideration for the goods. In case of responsible custody of the goods, the Supplier is entitled to charge a daily storage fee of HUF 100/kg, but a minimum of HUF 1,000/m2 per day.
15. Failure to pay the purchase price when due is a significant breach of contractual obligations.
In case of payment delay on the part of the Customer, the Supplier has the right to demand late payment interest. The default interest rate is 8% higher than the basic interest rate published by the Hungarian National Bank valid at the time of the delay.
In the case of a commercial transaction, if the Customer falls into a payment delay, he is obliged to pay the rightful party the costs related to the collection of his claim at least EUR 40, according to the official exchange rate of the Hungarian National Bank on the starting day of the late payment obligation. The fulfilment of this obligation does not exempt from other legal consequences of the delay; however, the amount of the recovery cost flat rate is included in the compensation.
16. The Customer may apply compensation against the Supplier’s demands only in the case of an indisputable or legally established counterclaim.
In the event of well-founded doubts regarding the Customer’s solvency, in particular if there is arrears of payment, the Supplier has the right – subject to the reservation of further claims – to withdraw the assured payment deadlines, as well as advance payment for further deliveries, or other stipulates the provision of guarantees.
Sustainment of ownership
The subject matter of the Delivery Agreement shall be the property of the Supplier until the Customer did not pay its purchase price to the Supplier. The Supplier may demand the return of the goods on the basis of retention of ownership even if he has not yet withdrawn from the contract.
Vis major is an event and circumstance, the occurrence of which is beyond the control of the Supplier – such as e.g. natural events, war, labour movements, lack of raw materials and energy, traffic and operational disturbances, damages caused by fire and explosion, legal provisions – exempt the Supplier from its contractual obligations for the duration of the disturbance and to the extent of its effects. This also applies if the events and circumstances make it permanently uneconomical for the Supplier to carry out the given transaction, or if they exist with the Supplier’s suppliers.
19. If there is a quality complaint regarding the delivered products, the Supplier is obliged to replace them with a product of impeccable quality or if the error can be corrected, correct it. If the objected product is neither replaced nor repaired, the Customer becomes entitled to a price reduction, which price reduction shall be calculated based on the difference between the prices of the objected and the agreed quality goods.
The Supplier’s responsibility in relation to products with quality objections extends only to what is contained in this point.
In addition, the Supplier doesn’t take any responsibility for production damage, loss of profit, any kind of assembly, repair, movement, transport of the objected product, or any other direct or indirect material or intellectual damage, loss or additional costs occurred on the part of the Customer or any third party
20. In the event that it is proven that the quality complaint is well-founded (the quality of the goods included in the Delivery Agreement is objectionable), the Supplier will arrange for the return of the objected product at its own expense. In the same way, the Supplier undertakes to deliver the qualitatively flawless replacement goods at its own expense to the delivery location specified in the Delivery Agreement.
21. The Supplier’s responsibility can only be enforced under conditions of intended use.
22. The Supplier guarantees that the products distributed by him are suitable for their intended use. Supplier provides a guarantee for its products as specified in 51/2003. (IX. 22.) Government Decree paragraph 2. § (1). The start of the warranty period is the date of performance. The Supplier undertakes to repair the product found to be defective in accordance with points 11., 12. and 18. within a period of 15 days. If the repair is not possible, the Supplier will replace the product or give a discount according to the Customer’s choice.
23. In the case of a product of reduced quality, if the Supplier indicates this fact to the Customer, no quality objection can be raised.
24. In matters not regulated in these General Terms and Conditions, the provisions of the Civil Code shall govern.
25. In the event of a legal dispute, the parties to the contract – depending on the value of the case – stipulate the exclusive jurisdiction of the District Court of Budakörnyék and the Court of Székesfehérvár.
Solymár, 27. 07. 2023