MOGÉP
MGF-019
General Business and Sales Terms and Conditions
of “MOGÉP" Gépgyártó Kft.
Valid: from 1 April 2010 until withdrawn.
I. Scope of the General Business and Sales Terms and Conditions
The General Business and Sales Terms and Conditions described herein are applicable for all business partners (hereinafter referred to as: Customer) for whom “MOGÉP” Kft. (hereinafter referred to as: Supplier) sells products and goods or from whom it accepts orders, furthermore, these terms and conditions are also valid for any and all business relationships to be established between our Company and the Customers in the future.
II. Acceptance of orders and commissions
1. In the case of purchasing or ordering from the product range of the Supplier, the Customer shall give the type (article number, description), quantity and price of the product required, the required transport method and term of delivery in the order submitted or handed over to the Supplier in writing (by e-mail, through website in the menu item “Contact”, by fax or mail). Supplier shall confirm it within 1 working day in writing or orally and then it shall perform in accordance with the confirmation.
2. In case of an individual product (not included in product range) or individual production, Supplier shall submit a quotation: indicating the price, quantity, quality, execution, mode of transportation, place and date of performance, mode and term of payment that shall be sent to the Customer for approval.
3. The quotation is considered accepted if the Customer returns it properly signed within 8 working days to the Supplier.
- Delivery, production
1. In the case of ordering from the product range, the Supplier shall execute the Customer’s orders within 1 working day, under which the following options shall be understood:
the post office dispatch in case of delivery by mail as a parcel,
the handover to the courier in case of delivery by courier service as a parcel,
the handover to the Customer or its assignee at our business site – FCA Győr – in case of own transport by the Customer,
the delivery at the Customer’s business site – DDU Customer’s business site – in case of own transport by the Supplier.
2. Production will not be commenced by us before the order placed on the basis of the quotation approved in writing is sent to us.
3. If the value of the goods ordered reaches net HUF 10,000.-, the Supplier shall arrange the transportation at his own expenses.
4. Should the value of the goods ordered not reach net HUF 10,000.-, the delivery shall be made by mail to be paid by cash on delivery (at 1,500 HUF/parcel) at the Customer’s expenses.
IV. Quality
1. As regards the quality, the drawing mutually accepted by the parties, the sample provided, the quality description and standard are applicable. The quality of the actual performance has to be compared to the approved quotation.
2. The Supplier has the right to have the samples underlying the production tested by the competent quality control institution prior to the commencement of the production at his own expenses and risk.
3. At the Customer’s request, the Supplier shall certify the quality of the product produced by him by presenting a quality certificate.
4. Supplier shall introduce and operate the quality management system MSZ EN ISO 9001-2001 effective on its field of activity.
V. Payment methods and conditions
1. The countervalue of the goods may be settled:
– by cash
– by bank transfer
– by cash on delivery (paid to the courier service)
– by remittance in advance, against a certificate substituting invoice (pro-forma invoice).
.
2. Supplier shall issue an invoice following the performance. The Customer is obliged to pay the countervalue to the Supplier in the manner and by the deadline as agreed previously and defined in the conformation of order. Unless otherwise agreed by the Parties, the general term of payment is 14 days from the date of the relevant invoice, in the course of which period the countervalue shall be credited to the bank account of the Supplier.
3. In the case of any delay in the payment, the Customer is obliged to pay a default interest as laid down in the effective rules and regulations.
VI. Reservation of ownership
1. Until the countervalue is completely settled, the Supplier reserves the title of ownership.
2. The Customer is liable for all damages that may arise in the condition of the product from the date of receipt of the goods until the complete payment of the countervalue.
3. The reservation of ownership remains in force until the complete payment of the countervalue even in the case of transfer of the product to a third person.
4. Receivables resulting from the transfer of the product to a third person are due to the Supplier up to the amount of the countervalue payable to the Supplier.
5. In case of delay in payment, Supplier reserves the right to recapture the goods delivered without any claim to be raised against him.
VII. Obligation of acceptance, withdrawal by the Customer
1. The Customer is obliged to accept and pay the countervalue of all consignments that had been delivered by the Supplier in accordance with the confirmation of order.
2. Withdrawal by the Customer:
– in the case of products sold from the product range of the Supplier, until the commencement of the delivery
– in the case of an individual production made exclusively for the Customer under order, the Customer has the right to withdraw the order until the commencement of the production.
3. In case of withdrawal by the Customer, he is obliged to compensate all damages of the Supplier. This includes the repayment of the costs of tools necessary for the production, the raw materials purchased and any possible subcontractor fee.
VIII. Quantitative and qualitative acceptance
1. Subject to the mode of delivery, the quantitative and qualitative acceptance may take place either the business site of the Supplier or that of the Customer.
2. The quantitative and qualitative acceptance shall be performed by the Customer. If the Customer observes any quantitative or qualitative default, he is obliged to inform the Supplier thereof in writing immediately after the performance.
IX. Quality complaints
1. In the case of complaints by the buyers, Customer shall check the problems reported in relation to the quality of the goods and to notify the Supplier of the defaults experienced, giving exact details in writing latest within 15 days from the receipt of the goods at the place of destination and to provide a product in default (sample) evidencing the justification of the complaint.
2. If, due to the character of the default, it comes only later to light (hidden default), the relating complaint shall be notified immediately after the observation but latest within 5 days from the observation of the default.
3. Supplier shall settle the justified and certified complaints, subject to the occasional agreement by the parties, either by granting a discount or by replacement. No further claim in excess of it may be raised by the Supplier.
4. The Customer may return the goods assessed by him as such in default to the Supplier only on the basis of written approval by the latter, in a packing equivalent to the original. In lack of it, all costs of the return delivery as well as the possible depreciation due to the improper packing or any other consequences are to be borne by the Customer.
5. The Parties shall jointly examine the debates that may arise in relation to the appropriate quality and the identity of the finished products as well as in relation to the justification in the complaint as a consequence of the former.
6. If the Parties do not doubt the result of the examination, then the Customer shall fulfil its payment obligation and the Supplier shall withdraw his claim for the countervalue. If any of the Parties does not agree with the result of the examination, this Party is entitled to institute litigation proceedings at the competent court.
X. Settlement of matters in debate
For making decision in any debate that may arise in relation to this Agreement or the legal relation established under this Agreement, the Parties shall accept the exclusive jurisdiction of the Town Court of Győr or the Court of County Győr-Moson-Sopron subject to the rules of competence.
XI. Applicable rules
For the terms and conditions not regulated in this Framework Agreement of Delivery, the provisions of the Civil Code are governing.
XII. Warranty and liability
1. The Supplier hereby warrants that the product manufactured by him is in compliance with the provisions of law (standard), the drawing submitted by the Customer, and in lack of it, the quotation prepared on the basis of them.
2. The Customer disposes of a product liability insurance concluded with OTP-GARANCIA BIZTOSÍTÓ RT. with validity for the whole territory of Europe up to an amount of 30 million HUF.
Győr, 1 April 2010
Attila TakácsZoltán Sólyom
Managing DirectorManaging Director
1