Terms and Conditions
The present terms and conditions shall apply to all existing and future deliveries and sales made by Hutter+Schrantz Hungária Kft. (from now on, Hutter+Schrantz Kft.), unless otherwise agreed in writing, or the contracting parties agreed expressively about ignoring some of the conditions, in writing. These terms and conditions shall be binding if declared to the Customer and if the Customer placed the order with Hutter+Schrantz Kft. in the light of these.
Offers and orders (Conclusion of contract)
The contract shall be deemed to have been concluded if the contracting parties made a written agreement, and if Hutter+Schrantz Kft. confirmed the order received by regular mail, fax, email or in another written way, in writing.
Verbal agreements will not have binding effect on Hutter+Schrantz Kft. and therefore must be confirmed in writing. In a constant Customer-Seller relationship Hutter+Schrantz Kft. confirms the verbal order of the Customer in writing, and starts to prepare the ordered products for shipment according to the order confirmation, even if the Customer fails to issue a written order. For any future disputes, the order confirmation shall be decisive for the terms of contract. The order should clearly specify the name, location, notification and delivery address of the Customer as well as the name and position of the person who placed the order. Any conditions stipulated by the Customer shall be part of the contract once Hutter+Schrantz Kft. expressively confirmed them in writing. If the Customer fails to issue a written order confirming the verbal one, Hutter+Schrantz Kft. is not responsible for any possible differences and deficiencies.
All offers from Hutter+Schrantz Kft. concerning quantity, quality and price are subject to availability, without engagement.
Prices
Prices, unless otherwise agreed by the parties, of Hutter+Schrantz Kft. are understood to be ex works (exclusive of value added tax), including loading charges.
Unless the Customer undertakes the delivery of the ordered products within 3 working days after notice of readiness for dispatch was given, Hutter+Schrantz Kft. has the right to withdraw from the contract.
In this case the Customer is obligated to pay the net commodity value as contract penalty for non-performance.
Hutter+Schrantz Kft. reserves the right to claim further compensation if the damage exceeds the amount of the net commodity value. Payments to Hutter+Schrantz Kft. shall be made by cash, in advance or by bank transfer within the agreed time period. In case of late payment Hutter+Schrantz Kft. reserves the right to charge interest at the applicable rate prescribed by statute. If the Customer repeatedly defaults on payments or the delay exceeds 15 days Hutter+Schrantz Kft. is entitled to modify the payment conditions one-sidedly, to accelerate the expiry date or to deliver outstanding orders against cash or advanced payment.
Ownership transfer
All goods delivered by Hutter+Schrantz Kft. shall remain the property of the company until the invoice has been paid in full, regardless of any processing or assembling.
Delivery period, Place of Performance and Passing of Risk Unless otherwise agreed, the delivery dates are deemed to be kept when Hutter+Schrantz Kft. sent a notification about readiness for dispatch to the Customer on the last day of the delivery time specified in the order confirmation or if this day is a day off then on the first working day after it. The Customer is obligated to send a suitable truck to the location of the Seller within 3 working days after notice of readiness for dispatch was given, and pick up the goods. The risk shall pass to the Customer when he takes over the goods.
If the Customer fails to pick up the goods, the risk shall pass to him immediately and Hutter+Schrantz Kft. is entitled to charge storing costs after the free 8-day period. The Seller is not liable for delays caused by circumstances beyond its reasonable control. Examples include strike, force majeure (vis maior) that were not foreseeable at the moment when the order confirmation was issued. Unless stipulated otherwise, advance or partial performance is permissible.
Warranty
Hutter+Schrantz Kft. ensures that the goods distributed meet the quality and quantity requirements stipulated in the order and in the order confirmation. The product shall apply to be delivered and taken over according to the data of the delivery note. After receiving the goods according to the delivery note, the warranty obligations shall apply belatedly only to defects that were not visible and could not be identified without destroying the packaging. Complaints concerning quantity and quality shall be notified straight away in writing after discovering them, and no later than 3 working days after receiving the goods. Complaints shall meet the formal requirements of a claim, i.e. complaints have to be reported and specified in writing. The Customer must specify the item description and ID number of the defected good and the exact description of the defect, including evidences. As long as the claim stays open the Customer can only use, sell or assemble the product at his/her own risk. However, he is obliged to provide the opportunity to the Seller to inspect the defective good. Hutter+Schrantz Kft. shall decide about the claim concerning quality or quantity within 15 days after receiving the notification and make a proposal how to solve the claim.
Liabilit, Vis major
Hutter+Schrantz Kft. shall not be liable for any indirect or consequential loss or damage including any loss of market deficit or loss of production. Hutter+Schrantz Kft. assumes no liability for delays from his Suppliers as well as for those that were not foreseeable, including the loss of profits. In no case can the amount of the compensation under this contract exceed the invoice value of the deficient good.
Cause or circumstance (such as war, fire, flood, weather, power shortage, strike, or epidemic (such as coronavirus outbreak) over which Hutter + Schrantz Kft. has no control (vis major), Hutter + Schrantz Ltd. shall be exempt from performing of his contract obligations until such causes or circumstancesexist.
Jurisdiction
All disputes shall be solved peacefully, without a trial. The place of jurisdiction for any disputes shall be the City Court in Hatvan.
Unless the authority of this court was insufficient the court of the county Heves shall decide. The contractual parties agree that the law to use is the Hungarian law.
Hatvan, 10.05.2011.
Hutter+Schrantz Hungária Kft. 3000 Hatvan, Lőrinci út 6.
Phone: +36-37/341-231
Mobile: +36-20/31-31-612 Fax.: +36-37/540-035
E-mail: hutter@h-s . hu
Web: www.h-s.hu
Tax Number: HU 10443307
PRODUCTION – DISTRIBUTION
INDUSTRIAL SCREENS WIRE MESHES DOUBLE INTERMEDIATE CRIMP SCREENS