In connection with equipment manufactured and sold by Crystal-selling Mezőtúr Kft.
1.1. The Terms and Conditions apply to each completed business and sales contract, the related supplies and extra supplies as well. Alterations can be done only with the written statement of the representative of the Supplier.
1.2. The contracting parties agree on the fact that the Crystal Mezőtúr Kft. is a company dealing with manufacturing and trading agricultural machineries. Crystal-Mezőtúr Kft. establishes a legal connection with the Customer through sales of the equipments manufactured by the Kft. and to regulate this relation the parties accept this present document of General Terms and Conditions (GTC) and act accordingly.
The legal status of the Parties is fixed in this General Conditions of Contract and based on the given transport agreement, sales contract or other written agreement in connection with the given legal transaction. These contracts, as well as the Terms and Conditions form one whole unit.
Concerning the given legal transaction the customer buys the machine which is included in the transport agreement from Crystal Mezőtúr Kft., the Crystal Mezőtúr Kft. is selling this machine to the customer. Between the parties the purchase transaction must take place in writing.
- Cooperation between the parties
2.1. Crystal-Mezőtúr Kft. provides a technical description, the ‘Operation and Maintenance Instruction’ after delivering the machine. The Customer acknowledges that the Crystal Mezőtúr Kft. shall not be responsible in any way for the machine’s operational deficiencies or damages resulting from improper use in the future.
2.2. The parties agree to inform each other about all essential circumstances during the performance of the contract.
- Delivery Policy
3.1. The shipping and other deadlines and the date of the delivery of the machine is included in the transport agreement between the parties.
3.2. The customer will receive the purchased machine in the Crystal Mezőtúr Ltd premises (H 5400 Mezőtúr Vásár út 35.). The responsibility for any damage in the future will pass to the customer at the place of the delivery and this is the place of the acceptance of the quality and quantity as well. Based on a special agreement the Crystal Mezőtúr Kft. will transport the ordered machine to a place chosen by the customer at the customers expense and he (the customer) also has to provide the necessary equipment to unload the truck.
3.3. For the extension of delivery time due to the delay of the production the Crystal Mezőtúr Kft. takes no responsibility. The Customer acknowledges that the Crystal Mezőtúr Kft. is not obligated to pay for any loss resulting from that delay.
3.4. During the existence of the legal relationship of the parties the Customer must immediately report any changes in the transaction data to the Crystal Mezőtúr Kft. within six days. Damages arising from failing to report the changes and also the consequences of delays the Customer should be responsible for, the Crystal Mezőtúr Kft. takes no responsibility whatsoever.
3.5. The fact of delivery, the circumstances as well as the process of informing the customer about general and operational information is all recorded in a written statement.
3.6. Crystal-Mezőtúr Kft. may refuse the delivery of the ordered product, if prior to shipment any information comes to light concerning the transaction with the Customer that it might violate the European Union and the Hungarian trade legislation.
- Prices and settlement
4.1. If there is no written agreement about the payment and the other conditions, the payment should be done in cash on receipt of the product or a with a bank transaction prior to the delivery. The delivery can only take place after the payment is completed.
4.2. The price of the machine subject to the sales contract will be included in the transport agreement as well as in the sales contract by the contracting parties. The currency of the agreement (HUF, EUR) will be based on the agreement between the parties; the gross purchase price will be made up of the net price + VAT. The customer is required to pay a deposit for any purchase; the rate of the deposit and the payment terms will be recorded in the transport agreement.
4.3. If the customer wishes to complete the transaction in HUF which was originally a foreign-currency-agreement and he needs an invoice in HUF as well, in that case to determine the price in HUF the parties will take the Takarék Banks discount foreign exchange selling rate and record that price in a separate sales contract.
4.4. The customer acknowledges that if the purchase transaction would not be completed after paying the deposit due to the customer’s fault, 10% of the total amount would be distracted from the deposit by Crystal Mezőtúr Kft. as compensation and the remaining amount will be transferred back to the customer. The amount of the compensation is ad valorem and it is accepted by the customer, the parties will regard it as the standard rate of the damage caused to Crystal Mezőtúr Kft.
4.5. In case of the customer failing to keep the deadline regarding the deposit the Crystal Mezőtúr Kft. can resign from the whole purchase transaction.
4.6. The purchase price includes customs duties and the amount of VAT which are indicated in the invoices issued by Crystal Mezőtúr Kft. The customer acknowledges that the purchase price in the sales contract is based on the current manufacturer pricing, the vendors business policies, and the agreement between the customer and Crystal Mezőtúr Kft. The same machine may be sold at a different price. The customer accepts this fact.
4.7. Objections in connection with the invoice must be reported by the customer only in writing.
4.8. The Crystal-Mezőtúr Kft. reserves the right to modify the entire purchase price until the machine arrives in Hungary, in case of any manufacturer price changes, any change in the type of the machine, currency rate change, or other events affecting the price which are beyond the Kfts operation.
4.9. Crystal Mezőtúr Kft. reserves the right to ownership of the machine included in the sales contract until the full purchase price has been paid. The right to ownership shall pass to the customer only after the payment of the full purchase price according to a separate statement.
5.1. The warranty of Crystal-Mezőtúr Kft., the warranty rights and obligations are included in the new machines service booklet, and in the new machine’s operating and maintenance instructions. The customer is aware of the terms and conditions of this contract and signs the contract accordingly.
5.2. The Customer acknowledges that in case of the manufacturer’s warranty obligations, the Crystal Mezőtúr Kft. will complete the warranty obligations towards the customer when the manufacturer responsible for the failure or the supplier fulfils their obligations to the Crystal Mezőtúr Kft.
- Other provisions
6.1. The customer agrees to give his personal information in connection with the contracting process to Crystal Mezőtúr Kft. and lets the Kft use them to inform him about advertising and promotional opportunities.
6.2. The parties agree that Crystal Mezőtúr Kft. places a sticker with its logo onto the machines sold and/or serviced by the Kft.
6.3. If any provision of the contract were invalid, or became invalid (or partially invalid) this invalidity does not affect the validity of the other parts of the contract.
6.4. The contract can be altered only in writing with the mutual agreement of the parties.
6.5. The parties try to settle amicably the disputes arising from the contract. In case of legal disputes the Mezőtúr Municipal Court (Mezőtúri Városi Bíroság) or the Jász-Nagykun Szolnok County Court (Jász-Nagykun Szolnok Megyei Bíróság) is the appointed authority. Issues not addressed in the General Terms and Conditions (ÁSZF) the relevant provisions of the prevailing laws and the Civil Code apply.
Parties agree that they know and understand the GTC (ÁSZF) and recognise it as binding upon them.
Valid from 1st January 2014