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Jonapack Csomagolóanyaggyártó Kft.
Bank account number: 10400463-50504950-53481001 Company registration number: 09-09-015349 Tax number: 14354003-2-09
GENERAL TERMS AND CONDITIONS OF CONTRACT AND DELIVERY
Regulations regarding the sale and delivery of corrugated cardboard products:
- The validity and scope of the contract: These regulations refer to all material-related contracts of Jonapack Kft. (hereinafter: Supplier) and to the relating deliveries and constitute the binding content of all contracts.
The contracting parties are only allowed to differ from these terms and conditions by mutual agreement and by referring to the discrepancy from the general terms and conditions of contract, in any other cases discrepancies are invalid. These general terms and conditions of contract enter into force on 15.08.2008, by which former General Terms and Conditions expire.
- The conclusion of the contract: The Company shall post the general terms and conditions of contract at its headquarters, publish them on its website, enclose it to the brochures of the Company, forward it by mail (post) or fax to the address or telephone number provided by the contracting party, Ordering Party and the Ordering Party shall acknowledge acceptance in written form.
The contract with the content regulated in these general terms and conditions of contract is concluded by the confirmation of the Customer's order by the Company - if the Ordering Party does not make any written comment on the confirmation of order within 3 days of receipt -, respectively in other cases it comes into force by starting of delivery, by the receiving of the goods. The Company shall conclude its contracts exclusively in written form, which are only allowed to be modified in written form effectively. The Company is entitled to decline further deliveries and to waive the concluded contract - without any obligation to indemnify damages - if the Ordering Party fails to fulfil its payment obligations until deadline, or if such a circumstance arises about the customer, which may endanger the financial ability.
- Delivery: The Ordering Party is obliged to take care of the delivery of the products. The Supplier shall send a notification on the completion of the goods to the Ordering Party responsible for arranging the transport. The Ordering Party is obliged to arrange the full-scale transport of the goods within 3 days of receipt of notice. The basis of the financial settlement is the delivery ticket issued by the Supplier and signed by the Ordering Party or its representative. The place of delivery shall be the site of the Company, where the Ordering Party or its representative is obliged to make sure of the perfect condition of the products. The Ordering Party shall be responsible for all losses or shortages incurred due to damages arisen after leaving the site, during the delivery and the unloading process or in any other way. In case of any doubt regarding quality, - until clarification - the products are not allowed to be used, or if they are used, the Company shall not be liable for the extra damages arising.
If the delivery is executed by the Supplier, the risk is passed upon arrival at the destination of delivery. In this case, the Supplier is only obliged to send a notification on the delivery if its date differs from the contract. The Ordering Party acknowledges that the delivery is arranged in a bulk cargo, so the delivery does not always take place at the same time. The Ordering Party is obliged to ensure that the person entitled to take over the products shall be available at the place of receipt, who is obliged to confirm the receipt with its readable signature and official stamp. The place of receipt is included in the contract concluded between the parties or in the confirmation of the order. The fulfilment period of the supplier is the delivery period determined in the confirmation of the order. The supplier is entitled to deliver the products without any special notification within this period, or else prior to this period with the notification and consent of the Ordering Party. The time frame of receipt of the products is 08.00 - 16.00 on weekdays in absence of special stipulations. The Supplier shall send a separate notification on the date of delivery - receipt of the products at the explicit request of the Ordering Party. The Supplier undertakes lease storage of a part or all of the products at the request of the Ordering Party up to maximum 30 days. In this case the Supplier is entitled to issue the invoice for those items as products stored at a foreign place, which shall be accepted by the Ordering Party. The Supplier undertakes the lease storage of the products against a remuneration specified in a separate agreement
- Packaging, pallets: The products are delivered and handed over on pallets. The shipment shall be fixed with belts and its top side shall be covered with a closing cardboard. The height of the shipment shall be 120-220 cm in absence of any special stipulation. The Supplier shall use novel MÁV EUR pallets of size 800x1200. The Supplier shall accept exchange pallets of the same quality instead of the pallets delivered with the products. In the lack of exchange pallets, the missing pallets shall be invoiced by the Supplier and the invoice shall be sent with the package accompanying sheet that is suitable for the identification of the shipment. The so invoiced pallets shall be taken back by the Supplier based on the sheet within 90 days of the delivery date and they shall be credited at a unit price stated in the accompanying sheet. The Supplier refuses to take back the wrong, faulty, repaired, not novel or not standard EUR pallets. The place of taking back of the pallets is exclusively the branch office of the Supplier in Hajdúnánás.
- Guarantee: The Supplier undertakes an obligation to manufacture and control its products according to the technical regulative documents and the internal regulations in force.
In case of any complaints regarding the quantity or the quality of the products, a valid notification shall exclusively be given at the trade representative of the Supplier specified in the confirmation of the order within a limitation period of 6 months of the delivery date. The notification is only valid in written form. If the complaint is not in written form, or does not arrive within the period specified by the regulations, the Company shall not be obliged to deal with it in merits and in their absence the liability of the Company shall be excluded. In case of a claim for compensation against the Company related to wrong fulfilment or other reasons, the amount of claim, excluding 342 § of the Civil Code, shall be equivalent maximum to the value of each shipment.
- Reservation of proprietorship, default: The Company reserves proprietorship over the delivered products until the final payment of the purchase price.
If the Ordering Party defaults on payment, it obliges itself to pay a default interest from the due date equivalent to the central bank's prime rate valid on the last day prior to the calendar half-year concerned by the default increased by 7 %, and the condition of further delivery is the immediate payment of 120 % of the purchase price of the delivered products, from which 20 % is settled from the earliest debt.
- Legal dispute: The parties agree that they try to settle their arising disputes primarily by arrangement but if it does not come to any result, the parties stipulate the exclusive competence of the Court of Debrecen (where the county court has competence: the Court of Hajdú Bihar County).
Dates as of 15th. August 2008
Jonapack Ltd.
1./ The validity and scope of the contract: These regulations refer to all material-related contracts of Jonapack Kft. (hereinafter: Supplier) and to the relating deliveries and constitute the binding content of all contracts. The contracting parties are only allowed to differ from these terms and conditions by mutual agreement and by referring to the discrepancy from the general terms and conditions of contract, in any other cases discrepancies are invalid. These general terms and conditions of contract enter into force on 15.08.2008, by which former General Terms and Conditions expire.
2./ The conclusion of the contract: The Company shall post the general terms and conditions of contract at its headquarters, publish them on its website, enclose it to the brochures of the Company, forward it by mail (post) or fax to the address or telephone number provided by the contracting party, Ordering Party and the Ordering Party shall acknowledge acceptance in written form. The contract with the content regulated in these general terms and conditions of contract is concluded by the confirmation of the Customer's order by the Company - if the Ordering Party does not make any written comment on the confirmation of order within 3 days of receipt -, respectively in other cases it comes into force by starting of delivery, by the receiving of the goods. The Company shall conclude its contracts exclusively in written form, which are only allowed to be modified in written form effectively. The Company is entitled to decline further deliveries and to waive the concluded contract - without any obligation to indemnify damages - if the Ordering Party fails to fulfil its payment obligations until deadline, or if such a circumstance arises about the customer, which may endanger the financial ability.
3./ Delivery: The Ordering Party is obliged to take care of the delivery of the products. The Supplier shall send a notification on the completion of the goods to the Ordering Party responsible for arranging the transport. The Ordering Party is obliged to arrange the full-scale transport of the goods within 3 days of receipt of notice. The basis of the financial settlement is the delivery ticket issued by the Supplier and signed by the Ordering Party or its representative. The place of delivery shall be the site of the Company, where the Ordering Party or its representative is obliged to make sure of the perfect condition of the products. The Ordering Party shall be responsible for all losses or shortages incurred due to damages arisen after leaving the site, during the delivery and the unloading process or in any other way. In case of any doubt regarding quality, - until clarification - the products are not allowed to be used, or if they are used, the Company shall not be liable for the extra damages arising. If the delivery is executed by the Supplier, the risk is passed upon arrival at the destination of delivery. In this case, the Supplier is only obliged to send a notification on the delivery if its date differs from the contract. The Ordering Party acknowledges that the delivery is arranged in a bulk cargo, so the delivery does not always take place at the same time. The Ordering Party is obliged to ensure that the person entitled to take over the products shall be available at the place of receipt, who is obliged to confirm the receipt with its readable signature and official stamp. The place of receipt is included in the contract concluded between the parties or in the confirmation of the order. The fulfilment period of the supplier is the delivery period determined in the confirmation of the order. The supplier is entitled to deliver the products without any special notification within this period, or else prior to this period with the notification and consent of the Ordering Party. The time frame of receipt of the products is 08.00 - 16.00 on weekdays in absence of special stipulations. The Supplier shall send a separate notification on the date of delivery - receipt of the products at the explicit request of the Ordering Party. The Supplier undertakes lease storage of a part or all of the products at the request of the Ordering Party up to maximum 30 days. In this case the Supplier is entitled to issue the invoice for those items as products stored at a foreign place, which shall be accepted by the Ordering Party. The Supplier undertakes the lease storage of the products against a remuneration specified in a separate agreement
4./ Packaging, pallets: The products are delivered and handed over on pallets. The shipment shall be fixed with belts and its top side shall be covered with a closing cardboard. The height of the shipment shall be 120-220 cm in absence of any special stipulation. The Supplier shall use novel MÁV EUR pallets of size 800x1200. The Supplier shall accept exchange pallets of the same quality instead of the pallets delivered with the products. In the lack of exchange pallets, the missing pallets shall be invoiced by the Supplier and the invoice shall be sent with the package accompanying sheet that is suitable for the identification of the shipment. The so invoiced pallets shall be taken back by the Supplier based on the sheet within 90 days of the delivery date and they shall be credited at a unit price stated in the accompanying sheet. The Supplier refuses to take back the wrong, faulty, repaired, not novel or not standard EUR pallets. The place of taking back of the pallets is exclusively the branch office of the Supplier in Hajdúnánás.
5./ Guarantee: The Supplier undertakes an obligation to manufacture and control its products according to the technical regulative documents and the internal regulations in force. In case of any complaints regarding the quantity or the quality of the products, a valid notification shall exclusively be given at the trade representative of the Supplier specified in the confirmation of the order within a limitation period of 6 months of the delivery date. The notification is only valid in written form. If the complaint is not in written form, or does not arrive within the period specified by the regulations, the Company shall not be obliged to deal with it in merits and in their absence the liability of the Company shall be excluded. In case of a claim for compensation against the Company related to wrong fulfilment or other reasons, the amount of claim, excluding 342 § of the Civil Code, shall be equivalent maximum to the value of each shipment.
6./ Reservation of proprietorship, default: The Company reserves proprietorship over the delivered products until the final payment of the purchase price. If the Ordering Party defaults on payment, it obliges itself to pay a default interest from the due date equivalent to the central bank's prime rate valid on the last day prior to the calendar half-year concerned by the default increased by 7 %, and the condition of further delivery is the immediate payment of 120 % of the purchase price of the delivered products, from which 20 % is settled from the earliest debt.
7./ Legal dispute: The parties agree that they try to settle their arising disputes primarily by arrangement but if it does not come to any result, the parties stipulate the exclusive competence of the Court of Debrecen (where the county court has competence: the Court of Hajdú Bihar County).
Dates as of 15th. August 2008 Jonapack Ltd.
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