Terms and conditions of use

Bomas Kft

General Conditions and Terms of Sales and Delivery

  1. Effects and concepts

    1. These general conditions and Terms of Sales and Delivery (GCTS)come into effect on 1st of February 2015 and it applies to all sales and deliveries carried out by Bomas until Bomas recalls these GCTS. In this agreement, Bomas Kft ( 4200 Hajdúszoboszló, Hamvas u 11/a, company register number 09-09-005120): - from now on referred to as Supplier, and the other party in contract with the Supplier is called the Customer. The Supplier and the Customer may also be referred to as Parties.

    2. The agreement between the Parties and this GCTS together make one contract (from now on called: the Contract). The ordered item ordered by the Customer or sold by the Supplier is referred to as Product. Delivery note can be a delivery record, a bill of landing, and a delivery note as well. This document determines the Supplier's and Customer's rights and obligations, payment conditions and all other general terms and conditions.

      Unless the Parties agree otherwise – when the Customer orders something, in every case, it also means that they accept this GCTS.

  2. Contractual Statements

    1. All Quotation inquiries, Quotations, individual, specific contracts, and the modifications and amendments of all these (from now on these together are referred to as Contractual Statements) are only valid in written form. All the contractual statements should be sent via post, fax and E-mail or handed over personally. All other form of statements only become contracts and count as an obligation, if the Customer accepted the Supplier's offer in a way that can be proved. The parties are obliged to cooperate in the fulfillment of the contract. They should inform each other in the right form and in time about any issues related to the contract. The Parties firmly agree that all written statement (including the invoices) count as received by the other Party: on the date of the postal receipt, 5 days after the day of posting, in such cases when the statement is sent as a registered letter to the address of the addressee indicated in the order, or in such cases when the addressee for any reason does not take the registered letter with receipt; or on the day of sending the e-mail or fax to the address indicated in the order; furthermore at the time of handing it over, or in the case of sending it with an assigned person. If there is any change in the contact details of the Parties, they should immediately inform each other about the change, and failing to do so cannot be used as an excuse.

    2. This GCTS and the Supplier's quotation count as accepted if the Customer places an order accepting the Supplier's quotation, or if days after the Supplier's order confirmation the Customer do not react in written, or when the Customer receives the Product, it means that the Customer accepted the conditions of the Supplier's quotation.

    3. The Supplier's obligations stated in the quotation will cease to exist after 10 days from the date of the Quotation.

    4. The Supplier retains the property and copyright in estimates of the costs, drawings, photos, and any other documents that were shared with the Customer, and the access to them may not be given to a third party without the Supplier's consent. The Supplier is also obliged that all the documents shared by the Customer should be handled confidential. The Supplier is not obliged to examine whether the Product the Customer ordered violates any third party's right.

    5. The Supplier's first quotation is free of charge. The further quotations, plannings etc. do not cost anything, only if the Product will be ordered by the Customer, and will be confirmed by the Supplier.

    6. The language of the contractual statement is Hungarian, including all other oral and written communications related to the fulfillment of the contract, especially the designing works, confirmations, technical specifications, invoices, records and other documents are in Hungarian.

  3. Supplier's and Customer's rights and obligations

    1. During the time of this contract the Customer is obliged to report to the Supplier any change that might happen in their company details. Failing to do this, the Supplier handles the company details as valid.

    2. By accepting these Terms and Conditions, Customer hereby declares thatliquidation proceedings are not in progress or liquidation have not been ordered, bankruptcy and winding-up proceedings have not been opened. The Customer shall immediately notify the Supplier if the marked procedures have been initiated against the Customer. The Parties note that: In the case of the Chief Executive Officer of the Supplier the liability for damages set out in the Act of Civil Code § 6: 541and in § 3: 118 of joint and several liability for damages is excluded. The Customer acknowledges that against the senior officer of the Supplier according to the Civil Code 6: 541 and the Civil Code 3: 118 shall not be entitled to claim damages or compensation.The Customer especially and irrevocably resigns the Customer's right to compensation as defined in this clause by accepting the contractual conditions of the present contract.

    3. Unless otherwise agreed by the parties, the agreed price shall not include shipping and packaging costs. The Customer shall be entitled and obliged to collect the Product at the Supplier's company in Hajdúszoboszló, the parties may deviate from this in their Contractual Declarations.

    4. The payment method is wire transfer. 50% of the fee as advance payment at the time of ordering, the remaining 50% upon receipt of the product due in cash or by advance payment. The payment can be considered completed if it has been made in cash or when the amount of the invoice issued by the Supplier shall be credited to the Supplier's bank account without any deduction. The Supplier excludes the Customer's right to set off against any claim.

    5. The Supplier in the event of late payment by the Customer, charges the Customer late interest according to the extent specified for business entities the int Act 6: 155th § of the Civil Code and charges for any costs that incurred in connection with the delayed payment, with particular reference to the Directive 2011/7 / EU. The Supplier may withhold handing over the product or may stop the contract and may claim compensation for any damage suffered if: In the case of the Supplier, after confirmation of the order, such circumstances have become known, which reduce the Customer's credit capacities.

    6. Supplier reserves the right of partial and pre-shipment without a separate consent from Customer. The Supplier organizes the product transportation and forwarding only in the case of and solely at the Customer's specific request and expense and only within the scope of risk specified by the Customer.

    7. If the delivery of the Product is late due to circumstances beyond the Supplier's control, the risk of damage shall be carried by the Customer from the date of completion of the delivery report. The Supplier charges the storage costs after 8 (eight) calendar days the product has been reported ready for dispatch, which is in the case of the storage at the Suppliers warehouse at least 12% of the invoice amount. If the collection of the Product shall not even take place within the newly defined reasonable period of time specified in writing, instead of further storage the Supplier shall have again rights over the product and shall set a new delivery date for the product. In such cases the Supplier shall be entitled to enforce against the Customer any costs incurred in connection with these cases above.

    8. If the parties agree that the Supplier shall deliver the Product to the address specified by the Customer, because of the damages that may occur during transport but which damages do not affect the usability of the product, the acceptance of the Product cannot be rejected by the Customer.

    9. The receipt of the product is done by the Customer signing a delivery note or other documents. On behalf of the customer also employee / agent / subcontractor / other execution assistant shall be entitled to sign the delivery note or any other document.

    10. The deadlines in the Supplier's offer are indicative only. The valid deadline for the delivery of the Product will be defined in the order confirmation after all the technical and delivery related questions have been clarified with the Customer and the Customer payed all the due invoices before collection of the Product. The delivery of the Product or service completion report shall be within the deadline, even if the Product collection or dispatch, or transfer for any reason is not possible within a short period of time.

    11. In the event of force majeure, or due to events beyond the Supplier's own fault that obstruct or delay the normal course of performance, the deadline for performance shall be extended by the duration of the impediment and, exceptionally, the supplier will be totally or partially free of the obligation of completing the order, if the circumstances undoubtedly prove that the Supplier cannot be at fault. The Supplier shall immediately inform the Customer of the occurrence and removal of the obstacle. Supplier shall be entitled, without prejudice to its other rights, to terminate the Contract, in whole or in part, in the event of force majeure, provided that such events are not insignificant in duration and / or that maintaining the Contract causes other significant harm to Supplier's interests.

  4. Specific rules for work at the customer

    1. During on-site work at the Customer, the Customer is responsible for providing personal and property protection according to the Work Safety Regulations, including information on local safety regulations, at the work site.

    2. The deadline for performance shall be extended if the work is prevented by circumstances beyond the Supplier's control. The cost of delaying the work for this reason shall be borne by the Customer. Any errors or discrepancies discovered by delivery shall be repaired by the Supplier at its own expense, unless they are due to the Customer's negligence and can be traced back to the Customer's liability.

  5. Reservation of ownership

    1. The Supplier shall retain title to all Products delivered to Customer until payment of the purchase price and all ancillary costs associated with performance, or until Customer has fulfilled all obligation arising from its relationship with the Supplier. During the term of reservation of ownership the transfer of ownership of the Products subject to the reservation of title to the benefit of a third party shall not be valid without the prior written consent of the Supplier.

    2. In the case of Clause 1, Customer shall also be entitled, in the course of its normal business, to associate, process or use the delivered Product with another product, provided that such items are also subject to the retention of ownership of the Supplier, meaning that the Supplier gets a mutual ownership title in proportion to the use of the product and the other product. The Customer shall keep the resulting work free of charge for the duration of the Supplier's legal term. In the event of an illegal sale, the Customer shall pay the debt.

    3. In the event of violation of this clause by the Customer, the Supplier shall be entitled to a penalty of 30% of the net selling price of the Product.

  6. Warranty

    1. The Supplier shall be liable for defective performance under these terms and conditions during the warranty period. The Customer may only enforce the guarantee if he has already fulfilled all his obligations to the Supplier. The warranty applies only to parts installed by the Supplier. The Supplier shall be exempt from warranty if it proves that the cause of the defect arose after its performance. The warranty does not cover failures due to general wear and tear, improper use, lack of maintenance or improper maintenance, commissioning, installation, modifications or repairs by the customer or third parties, or disassembling it for any reason whatsoever. There is no warranty for built-in used products or spare parts and for parts which are guaranteed by the manufacturer. The warranty is valid within the warranty period. The Customer shall notify the Supplier of the occurrence of the defect within 8 (eight) days of the discovery of the defect. The warranty period begins at the time of receipt of the Product by the Customer. The Supplier warrants a 1 (one) year warranty for new products and 6 (six) months for Services. The Supplier's warranty only applies to defective products occurred during normal use. The warranty does not cover defects caused by external contamination. If the Supplier is under warranty, the Supplier will decide whether to repair the product or apply a discount.

  7. Liability for damages

    1. Contrary to statutory provisions, the Supplier's liability for damages shall be limited to 15% (fifteen percent) of the total net value of the order. The Supplier shall not be liable for indirect damage, loss of production, loss of profit, transportation costs, travel and accommodation costs.

  8. Governing Law

    1. The legal relationship between the Customer and the Supplier shall be governed by Hungarian law. In the event of any dispute, the parties shall submit to the exclusive jurisdiction of the District Court and the General Court of Debrecen.

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