GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY (GTC) OF SIG AIR HANDLING HUNGARY KFT
A. General provisions
The present General Conditions of Sales (GCS) are parts of all the contracts concluded by SIG Air Handling Hungary Kft. (hereinafter as well as: Supplier) without expressly stipulated therein.
The technical data in our catalogues, leaflets, pricelists etc. are only for your information. We maintain the rights to modify this information.
Any departure from these General Terms and Conditions of Sale and Delivery (GTC) shall only be possible if made in a separate agreement in writing.
The party ordering goods from SIG Air Handling Hungary Kft acknowledges the GTC as binding.
The party ordering goods from SIG Air Handling Hungary Kft shall remain bound by its order, as a firm offer, for 30 days. The contract between the Supplier and the Customer shall be established following the order, through the confirmation of SIG Air Handling Hungary Kft. In the event that SIG Air Handling Hungary Kft does not send a confirmation, but commences fulfilment of the order, the contract shall be established between the parties through the order.
In the case of a received written order, the contract may be regarded as having been established, with the content defined in the order confirmation, even if the Customer does not sign the confirmation or does not acknowledge its receipt.
If the Customer does not agree with any item set forth in the confirmation, it must indicate this to us in a credible manner (by fax or mail) within 48 hours of receipt of the confirmation; if SIG Air Handling Hungary Kft does not receive a response, in writing by the above time, in respect of a modification request affecting the customer confirmation, we shall regard our confirmation as having been accepted, and we will commence the manufacturing of the product.
If based on the received order SIG Air Handling Hungary Kft has ordered materials and equipment from its suppliers in order to fulfil the order and is unable to have this modified subsequently, the order may only be modified or withdrawn at SIG Air Handling Hungary Kft if the specific costs incurred in relation to this are reimbursed.
If an order has been fulfilled (the product has been received at our central warehouse) it may only be modified or withdrawn subject to the full refunding of any related damages and costs towards SIG Air Handling Hungary Kft. In the event that an order is cancelled, the Customer shall pay SIG Air Handling Hungary Kft a penalty equal to 30% of the full amount of the order if cancellation is made 48 hours following placement of the order. Orders may not be cancelled within 2 weeks before the delivery deadline specified in the confirmation; the full amount of the order shall be invoiced within 3 days following the day of the delivery deadline.
The purchase price of the products ordered will be invoiced within 3 days of their arrival at SIG Air Handling Hungary Kft.
The Customer shall be obliged to accept, without objection, any fulfilment of orders that conforms to the confirmation, while fully observing the general terms and conditions.
B. LiabilitySIG Air Handling Hungary Kft assumes no liability for any damages or costs that arose prior to the establishment of the contract.
C. Binding nature of offersIf SIG Air Handling Hungary Kft makes a price or technical offer, it shall remain bound by such offer unless it has excluded such obligation at the time the offer was made. We do, however, reserve the right to determine the term for which we are bound by our offers, which, unless otherwise stipulated, is 30 calendar days.
D. Goods acceptance
Buyer is obliged to examine the goods in full at reception and to give notice of the alleged quantitative or qualitative defects.
Receipts and delivery notes signed during the delivery and acceptance of goods (product) also certify appropriate quality (meaning, unless otherwise stipulated, a product fit for installation in air technology systems, supplied with packaging suitable for public road transportation, and that is of first-class quality), and therefore no claim related to quantity and quality may be lodged later if such documents have been signed.
The delivery of the goods by the Buyer implies their acceptance by right. The place of acceptance (pickup) of the ordered and manufactured or procured goods, unless otherwise stipulated, is our head office, at 2040 Budaörs, Gyár utca 2. In such cases the removal and transportation of the goods from our premises shall be arranged by the Customer.The goods may be picked up between 07.30 and 16.00 from Monday to tuesday nad 07.30.-14.00 on Friday.
E. Warranty and guaranty
In case of defects of the goods those products shall be repaired or replaced. In these cases the Buyer has not the right to cancel the order, is not entitled for refund of the advancement, is neither entitled for any indemnity nor reduction of price, for any reason whatsoever.
Our warranties only cover the replacement of parts only with manufacture faults.
SIG Air Handling Hungary Kft.’s warranty has different period of time for different groups of goods according to the Government Decree of 151/2003 (IX.22.).
The product liability period starts from the delivery of the product to the Buyer. The guarantee is valid only in case of proper use of the product.Dismantling transport, remounting and any others relating costs, as well as possibly caused damage, shall be charged to the Buyer.
F. Exchange of products and return of goods
We can only implement an exchange or return of our products if an agreement on this matter has been reached with our company in advance, and if the product is not unique (customised) and its quality has not deteriorated.
We can only carry out a return of goods if the original invoice is presented and the goods are intact in their original, unopened packaging, for a maximum of 70% of the invoiced value.
The Customer shall arrange for the transportation of returned products to our site and shall bear the costs of doing so.
G. Time of delivery
Times of delivery are only given as an indication; in case of obstruction (e.g. delays of suppliers/manufacturers) we can modify them.
Delays in delivery times due to any reason whatsoever, can neither give cause for cancellation of the order nor for the payment of any penalty or compensation. The vendor cannot be held responsible for payment of compensation or for reimbursement of any expenses in cases of force majeure or incidents that obstruct the normal execution of the order.
In case of permanent obstruction the vendor preserves himself the right to suspend the execution of the contract, or to cancel the contracts partially or totally, without this suspension or cancellation giving cause to any compensation or non-payment of goods that have been already delivered.
In the event of a delay on the part of SIG Air Handling Hungary Kft, it will accept a demand for a penalty or damage claim for a maximum of 5% of the product price (product part) affected by the delay and only if the Parties have agreed on such in writing. Liability in respect of any penalty or damage in excess of this percentage, including any so-called “consequential damages”, is excluded by our company. The Customer shall not be entitled to offset any of its claims, including any claim for damages, against the purchase price of the products ordered by it.
The selling prices have been set on the basis of market information and of the prices of raw materials and of the suppliers when issuing the price list. Our prices are reviewable in case of changes in the economic situation.We will maintain our prices quoted at the time of ordering or in our confirmation up to the mid foreign-exchange rate of 315 HUF/EUR quoted by the MNB (National Bank of Hungary); in the event that the prevailing exchange rate is higher than this, we reserve the right to charge on the difference between the MNB mid foreign exchange rate valid on the day of invoicing and the exchange rate of 315 HUF/EUR to the Customer.
For the request of the Buyer SIG Air Handling Hungary Kft. shall deliver the goods to any internal address marked by the Buyer for the costs of the Buyer. The transport risks and dangers are to the customer’s account even for deliveries that are carriage paid.
Delivery by us takes place at the Customer's risk and liability, even in cases where we arrange the shipment in accordance with a separate agreement. If the products are transported to the Customer by A.T.C. Hungary Kft, the Customer shall inform the supplier of its objections immediately, and record them on the delivery note. All later claims not included in the delivery note and not countersigned by the supplier shall be rejected.In cases of orders from net amount of HUF 150.000 and on request of the Buyer the Goods shall be delivered to the Buyer in the Territory of Hungary free of charge; orders with spiko-tubes this amount is HUF 350.000.
In case of positive judge of credit relating to the Buyer the payments shall be by transfer with a term by arrangement, otherwise in cash or transfer before the delivery. Unless otherwise agreed, in the event of a change occurring in the Customer’s financial or legal position, such as death, bankruptcy, liquidation, a change in organisational structure, transformation, payment delay, temporary difficulties, insolvency, etc, we reserve the right to either request a guarantee and/or to suspend or cancel the order, or withhold the manufactured product.
Save as otherwise decided in writing. our invoices are to be paid at the latest on the day of payment mentioned on the invoice. SIG Air Handling Hungary Kft. reserves the right to ask for an advance of 30-50% for orders of goods which are not standard.
In case of delay in payment interest for late payment shall be charged. Interest for late payment shall be calculated by the central bank base rate in effect on the last day preceding the calendar half-year to which it pertains, plus seven per cent.
In case of delay of any payment we reserve the right to serve the Buyer for only payments in cash until the payment of the delayed invoice.
In case of delay in payment with 15 days of any single invoice, all non-due invoices shall become immediately claimable on the 16th day after the day the non-paid invoice has been payable.
In case of delay in payment vendor has the right to cancel the contract partially or totally, without prejudice to our rights to all compensations and interests. If the Customer has several existing orders and a payment delay occurs in connection with any of them, we shall be entitled to cancel or suspend all the other orders or to withhold the manufactured product even if the specific product has been fully paid for but not yet delivered. In the event of any modification (cancellation) of the order, we will invoice the value of the product manufactured up to the time of such modification.
SIG Air Handling Hungary Kft. reserves the proprietary right of the delivered goods until they are fully paid. From the moment of the acceptance of the product or its shipment from the site of SIG Air Handling Hungary Kft, all risks shall be borne by the Customer.
The paid deposits or advances shall be kept in our possession as a compensation of possible losses when re-selling until the re-selling in case of cancellation the contract by the vendor for any reason.
The drawing or acceptance of bills of exchange or other transferable documents does not imply a novation of debt or does not differ on the sales of condition.
If our trust in Buyer’s solvency should be betrayed by judicial act or other apparent occurrences, which question the fulfilment of the commitments or make it impossible, especially in case of judicial enforcement against the Buyer, we reserve ourselves the right to demand suitable guarantees from the Buyer. If the Buyer refuses to do so, we reserve ourselves the right to cancel the entire order or a part of it, even if the goods are already delivered partially or total.
In case of we have to apply a company or attorney at law to collect our claims against the Buyer, the costs of it shall be charged to the Buyer.
K. Reserved rights
SIG Air Handling Hungary Kft shall reserve the ownership right in respect of the products distributed by it until their value has been paid in full. In the event of a resale, SIG Air Handling Hungary Kft’s Customer shall be obliged to inform the client(s) to whom it has resold the products purchased from SIG Air Handling Hungary about the reservation of ownership, in writing, regardless of whether it has transferred such products together with other products and services. If any of the payment terms are not met, this may result in the repossession of the products. If our Customer has transferred (sold on) the product as described above, it shall be obliged, at SIG Air Handling Hungary Kft’s demand, to arrange for the repossession of the product and the transportation thereof to the head office of SIG Air Handling Hungary Kft. None of this shall, however, affect the payment obligation. If the Customer fails to do this, SIG Air Handling Hungary Kft shall be entitled to have the products not yet paid for delivered back from the Customer's customer, which shall be assisted by the Customer in every possible way (e.g. it shall inform its customer upon the written request of SIG Air Handling Hungary Kft about the fact of payment and the lawfulness of the reservation of the ownership right, in a duly signed letter or fax within 2 days of the request. The Customer shall be obliged to accelerate the settlement of any disputed matters with its customer in every way possible, or to initiate liquidation proceedings, etc.).
All the costs related to the reserved ownership right, certified by invoices and internal documents, which have arisen at SIG Air Handling Hungary Kft, shall be borne by the Customer.
The product must be collected and transported from the Supplier within 3 calendar days of the receipt of the advice of readiness for collection. Failing this, we shall take the products into safekeeping and the full purchase price will be invoiced to the Customer. We reserve the right to charge 0.3% of the net price of the goods per day as a storage fee for such undelivered products, starting from the 5th day following the advice of readiness for collection.
L. Contract amendment, cancellationIn the event of any demand for the amendment of the order (including cancellation), this shall be indicated to our company in writing (by fax or letter).
M. Competent court and applicable lawTo settle any legal disputes that may arise in relation to the Contract, the Parties stipulate the exclusive jurisdiction of the court that has competence in respect of the head office of SIG Air Handling Hungary Kft (depending on the value of the matter in dispute, the Budaörs Town Court,) and the applicable law in the case of a foreign Customer shall be Hungarian law.
N. Miscellaneous provisions
SIG Air Handling Hungary Kft. only sells to recognised installers and professionals because this is the only way to guarantee that its goods are installed and removed according to the law in effect.
SIG Air Handling Hungary Kft. only delivers quality products from ISO certified manufacturers at the best conditions possible.
Carefully check the content and the quantities of your order; SIG Air Handling Hungary Kft. does not take back sold goods. This is to ensure the quality of our delivered goods as much as possible and to avoid useless administration, warehouse and transport costs.