Terms & Conditions

http://www.itm.hu/

Terms & Conditions

General Terms and Conditions of Delivery and Payment

03/2015

 

1. Scope

These General Terms and Conditions apply to all our offers, contracts, deliveries and other services (hereinafter “delivery”), including all future business relations, even if not explicitly and separately stipulated. The Terms and Conditions shall be considered as accepted at order placement or receipt of goods at the latest. Conditions to the contrary set by our customer shall not be accepted. These may only be applicable with our express written consent. If any one clause of these Terms and Conditions becomes invalid the validity of the remaining stipulations shall not be affected.

2. Completion of contract, documents, industrial property rights

2.1 Our offers are not binding. A contract shall only be completed upon our written order confirmation. Invoices and computer printouts designated by us as binding shall likewise be deemed to constitute written confirmation of orders. If an offer refers to a certain project, the prices stated therein will apply only if all the items included in this offer are ordered. If only part of the items included in the global offer are ordered, a new enquiry will be required. Only our written order confirmation is relevant for the date and scope of delivery. If the order is not confirmed by us in writing the contract shall be completed upon order execution at the latest.

Statements made by our representatives orally or by phone shall be legally binding only if confirmed in writing.

2.2 We reserve all proprietary rights and copyrights of estimates, designs, drawings and other documents; these may be made available to third parties only with our express approval.

Drawings and other documents provided as part of an offer must be returned to us on request at any time; this is mandatory when the order is not placed with us. In case of our delivery of items according to drawings, models, samples or other documents provided by the customer, the latter shall ensure that industrial property rights of third parties are not infringed upon. If a third party, referring to proprietary rights, prohibits in particular the manufacturing and delivery of such items we shall be entitled to suspend all relevant activities and to claim damages without being obliged to analyse legal responsibilities. In addition, the customer shall undertake to indemnify us immediately from third-party claims related to documents made available to us.

2.3 For call orders we shall be entitled to procure materials for the entire order and to manufacture the total order quantity immediately. Any customer requests for changes after order placement can, therefore, not be taken into consideration, unless explicitly agreed upon otherwise.

3. Performance description

3.1 The quality of the delivery item shall be finally described by explicitly agreed features (e.g. specifications, labels, approvals, other information). Features or other qualities of deliveries and services, other than the ones expressly stipulated, shall not be warranted. Warranty for a special purpose or particular suitability shall be given only in case of explicit written agreement; otherwise the risk of suitability and use shall be assumed by the customer. We shall reserve any customary or technically unavoidable deviations from physical and chemical quantities, including colours, formula, recipes, processes and the use of raw materials as well as order sizes, as far as this may not be accepted as unreasonable by the customer.

3.2 Details of the delivery item (e.g. provided in catalogues, product information, electronic media or on labels) are based on our general experience and knowledge and are thus reference values or markings only. These product details as well as expressly stipulated features/purposes shall not relieve the customer of the need to test the product for the intended purpose.

3.3 Details on quality and possible uses of our products do not include any warranties, in particular as stipulated in Hungarian Civil Code , unless these are explicitly specified as such in writing.

4. Delivery and delivery time

4.1 All consignments shall travel at the risk and expense of the customer, irrespective of the place of dispatch. Should the customer require a particular mode of transportation, he shall also bear any additional costs arising therefrom. Delivery time information–even if a delivery date has been agreed upon with the customer–is provisional and not binding, unless the delivery date has been fixed explicitly as binding in writing. Confirmed delivery dates shall be subject to the correct, complete and timely obtaining of supplies by ourselves. Delivery deadlines shall be considered as met if prior to deadline expiry the delivery item has left our factory or if we have informed the customer that the order is ready for shipment. The delivery period shall not commence as long as the customer has not properly fulfilled his obligations, such as furnishing technical data and documents or permits, making a down payment or providing a payment guarantee or the customer has exceeded his individual credit limit specified by the credit insurance company.

4.2 Delivery on call or by instalments shall in any case require a written agreement relating to the delivery date. Part deliveries shall be allowed and shall be deemed to be independent transactions. The quantities to be delivered may be increased or reduced by up to 10 %. In the case of small orders we reserve the right to charge either for a minimum quantity or a minimum lump sum for costs.

4.3 Acts of God or other events beyond our control that render the timely execution of accepted orders impossible shall relieve us of our delivery commitment as long as these events prevail.

4.4 It is generally not possible to return sold and non-defective goods.

4.5 Liability for damages based on default or non-performance or a possible right of rescission shall be subject to the customer allowing us a reasonable extension of time of performance of at least 4 weeks and this having expired to no avail. We shall, however, only be liable to the extent that either we or our staff have acted deliberately or are guilty of gross negligence.

5. Securities

5.1 The customer shall be entitled to resell or process the purchased goods or mix or combine it with other goods in the scope of his ordinary business only; however, he will thus now assign to us all claims resulting from resale, processing, mixing, combining or other causes in law related to the purchased goods (in particular from insurance contracts or unlawful acts) in the amount of the mutually agreed final invoice total (incl. VAT). The same applies if the goods are not sold but subject to a contract for work and materials or a contract for work and services.

5.2 If the customer violates the contract, in particular by delays in payment, we shall be entitled to recover the goods; the customer hereby gives his advance consent to this recovery in such a case. The recovery shall be considered as a termination of contract only if explicitly stated by us. All costs incurred by the recovery (in particular transport costs) shall be charged to the customer. The customer may demand the delivery of goods recovered without an express notice of withdrawal only once the purchase price and all costs have been fully paid.

6. Prices and payment

6.1 Our prices are in Euro ex works excluding VAT.

6.2 Unforeseen changes in costs for raw materials, wages, energy and others beyond our control shall entitle us to adjust prices accordingly. For deliveries by instalments each delivery may be invoiced separately. If no prices have been agreed at the completion of contract, our delivery day prices shall be applicable. Special packaging shall be invoiced at cost price.

6.3 Our invoices are due immediately and payable without discount.

6.4 We shall not be obliged to accept bills, cheques and other promises to pay, their acceptance shall at all times be on account of performance.

6.5 The receipt of payment date shall be the day on which the amount is in our possession or has been credited to our bank account. In case of delays in payment by the customer we shall be entitled to charge an annual rate of interest of 8% above the base interest rate for the duration of the delay. The customer shall, however, have the right to prove that we suffered no or less loss or damage. This shall not restrict the right to claim additional damages.

6.6 In case of the customer’s payment delay we may additionally choose to call outstanding purchase price instalments or other existing claims against the customer due as well as to make future deliveries under this or other contracts dependent on an advance security or a contemporaneous payment against delivery.

6.7 Advance or part payments are non-interest bearing.

6.8 The customer may set off or withhold payments only if his counterclaim is undisputed or res judicata.

6.9 If your company in EU please fill in EU ID on Registration form otherwise to be billed plus VAT.

7. Claims for defects

7.1 We shall be liable for defects of goods delivered by us only according to the following stipulations:

7.2 If defective goods are delivered we shall be given the opportunity, prior to manufacturing (processing or installing), to sort out such goods and rectify the defect or to make an additional delivery, unless this cannot reasonably be expected from the customer. In case we are unable to accomplish this or fail to conform with it in due course the customer may rescind the contract to this extent and return the goods at our risk. In urgent cases he may, after consulting with us, correct the defects himself or have this done by a third party. Expenses incurred by this shall be reimbursed by us according to point 8.

7.3 If the defect comes to light only after the start of manufacturing, despite the fulfilment of duties according to point 7.1, the customer may demand subsequent performance (rework or substitute delivery by our choice).

7.4 In case of substitute delivery the customer is obliged to return the defective material on request.

7.5 Claims for rescission of contract or reduction of purchase price shall be granted only if the defect cannot be remedied within an appropriate period, if subsequent performance will incur unreasonable expenses, is unacceptable or must be considered as failed for other reasons.

The customer shall, however, have no right to rescind the contract in case of minor defects.

7.6 The customer shall allow us to promptly inspect any rejected goods, in particular these shall be made available to us on request and at our cost. If complaints are unfounded we shall reserve the right to charge transport costs and inspection expenses to the customer.

7.7 No claims for defects may be lodged if the defect can be put down to a violation of operating, maintenance and installation instructions, improper use or storage, faulty or negligent handling or assembly, natural wear and tear or tampering with the delivery item by the customer or a third party.

7.8 Damages, compensation and reimbursement of expenses may only be claimed according to point 8.

7.9 For products other than new goods, delivered as mutually agreed upon, the customer may not make the aforementioned claims.

8. Liability

8.1 We shall only be liable for any damages, in particular resulting from culpa in contrahendo, breach of duty and unlawful acts (Hungarian Civil Code), insofar as we, our employees or assistants are charged with intent or gross negligence.

8.2 For damages resulting from injury to life, body or health, guarantees or violation of material contractual duties, we shall also be liable for ordinary negligence. In case of a violation of contractually relevant duties our liability shall be limited to the direct average damage, predictable and typical according to the type of goods. Aforementioned stipulation shall also apply to breach of duty by our employees and assistants.

8.3 Claims for defects of delivered products shall lapse 1 year after delivery of the products.

8.4 Claims for price reduction and rights to rescind the contract shall be rejected so far as the claim for subsequent performance has lapsed.

8.5 Our liability pursuant to the provisions of the Product Liability Act and Hungarian Civil Code (last seller recourse) shall remain unaffected by the aforementioned stipulations.

8.6 Otherwise we shall be exempt from liability.

9. Place of performance and jurisdiction, other provisions

9.1 The customer may assign his claims from the contractual relationship only with our prior consent.

9.2 For all claims from business relations, in particular our deliveries, the place from which performance/delivery is made shall be the place of performance.

9.3 For all claims from business relations, in particular our deliveries, the sole place of jurisdiction shall be in the Central District Court of Budapest, Hungary. This shall also apply to disputes as to the creation and validity of a contractual relationship. We shall, however, have the option to proceed against the customer in appropriate courts at the customer’s place of business.

9.4 The business relations with our customers shall be exclusively governed by the laws of Hungary to the exclusion of its private international law as far as it refers to the applicability of another legal system. The UN-Convention on the International Sale of Goods (C.I.S.G.) and other international conventions on uniform law on the sale of goods shall not be applicable.

 

Where you can read it at the Description there you may pay more beacause of the dangerousness of the delivery:

WARNING: Dangerous goods, so at the delivery additional charges may be payable.

Dangerous products: Nano Glass Sealant, Nano Paint Sealant, Liquid Wax, Nano Rim Sealant, Nano Textil Sealant

The free shipping is only if the amount is more than EUR 10,000 and only in Europe, in other cases will be calculated separately).

http://europa.eu/youreurope/citizens/consumers/internet-services/index_en.htm