KROMIKER Ltd. General Terms and Conditions

The aim of the General Terms and Conditions
1. The General Terms and Conditions„GTC”) includes KROMIKER Limited Liability Company (registered office: 5561 Békésszentandrás, Hunyadi utca 62.; registered with the Court of Registration of the Gyula Tribunal under company registration number 04-09-014927, tax number: 26748814-2-04, the „Company”rules related to the distribution of food industry machinery and spare parts distributed by („"), as well as the services provided by the Company, and customers (the "Customer”) to the rights that are not applicable.
2. The provisions of these General Terms and Conditions shall apply to contracts concluded by the Company with the Customer, unless the parties agree on individual provisions to the contrary in the contracts. Any deviation from these General Terms and Conditions shall be valid only if the parties expressly agree on its content in writing.
3. The Provider unilaterally determined the present General Terms and Conditions in advance for the conclusion of multiple contracts with customers at a distance, without the involvement of said customers, and the parties did not negotiate them individually.
4. By signing the contract concluded with the Company, or by submitting a written order, the Customer expressly acknowledges that the Company made the content of the General Terms and Conditions accessible to them prior to the conclusion of the contract; the Customer expressly accepts them as appropriate and fair contractual terms and considers them binding upon themselves, and they thereby become part of the contract concluded between the parties. The Customer acknowledges that the Company provides its services according to the general business conditions recorded in the current General Terms and Conditions.
5. The General Terms and Conditions are a document in electronic form, prepared in the Hungarian language.
Company details

Company name	KROMIKER Kft.
Registered office (postal address also):	5561 Békésszentandrás, Hunyadi utca 62.
Registry Court	Gyula District Court Company Registry
Company registration number	04-09-014927
Tax number	26748814-2-04
telephone number	+36 20/429-3221
electronic mail address	info@kromiker.hu

The conclusion and performance of the contract
1. The agreement between the Company and the Customer can be formed (i) by the signing of a written agreement by both parties, or (ii) by the written confirmation by the Company of a written order. The agreement shall only be formed between the parties if – as specified in the agreement or the acceptance of the written order – the name, type, brand and quantity of the product to be purchased, or the service to be ordered and its subject matter, the consideration for the products or the service and its due date, and the deadline for delivery and performance of the service have been specified.
2. The quotation given by the Company does not constitute acceptance of the offer by the Customer, and therefore, no contract is formed between the parties upon the Customer's receipt of the quotation given by the Company, nor does the Company incur any obligation.
3. Contracts entered into by the Company, as well as their addenda and amendments, are only valid in writing.
4. The Company shall fulfil the delivery of products and the provision of services within the deadlines and under the conditions stipulated in the contract.
5. If payment for the goods is not made at the latest by the time of handover to the Customer, the Company reserves ownership of the goods until full payment has been received. The risk of damage transfers to the Customer upon handover of the goods to the Customer.
Product delivery and service completion deadline
1. The Company is obliged to specify in the contract or order confirmation the place and deadline for the delivery of the product ordered by the Customer, as well as the deadline for the performance of the services to be provided by the Company. The Company is entitled to perform in advance both the delivery of products and the provision of services.
2. The risk of loss passes to the Customer upon handing over the product to the Customer or to a carrier instructed by the Customer or to a designated person.
3. The Company shall pack the goods in accordance with professional customs in such a way that the packaging protects the shipment and does not endanger the person or property of others. In addition, the information necessary for the handling of the shipment during transport shall be indicated on the packaging, or, in its absence, on the shipment itself.
4. Delivery will be carried out by a carrier contracted by the Company or by the Company itself. Goods handed over by the Company will be delivered by the carrier or the Company to the address specified by the Customer, and the necessary Customer data will be verified. The carrier shall also perform its activities with full confidentiality regarding the storage, processing, and management of data.
5. When taking delivery of the products or service, the Customer is obliged to ensure, without delay, that the quality and quantity of the products or service are satisfactory. Properties that certify quality or for which a warranty applies do not need to be inspected during the acceptance of products or services. If the Customer does not raise an objection at the handover-acceptance, the Parties shall consider the contract fulfilled.
6. Following handover and acceptance, the Client may only raise quality objections to the Company due to hidden defects.
7. The customer or their authorised representative shall confirm receipt of goods by signing the delivery note, and performance of services by signing the performance certificate with a company stamp.
8. If the Customer fails to take delivery of the goods within the delivery deadline stipulated in the contract, or within 8 days thereafter, the Company shall be entitled to withdraw from the contract and sell the products to third parties. In this case, the Company shall be entitled to claim reimbursement of its proven expenses incurred in connection with the performance of the contract.
Payment provisions
1. The Company shall issue an invoice to the Customer within the deadline specified in the contract, or within 8 days following the performance of the contract if no deadline is specified. The Customer is obliged to pay the invoice amount according to the payment method stated on the Company's invoice. The Company reserves ownership of the products covered by the contract until full payment of the purchase price.
2. If the Customer fails to meet their payment obligations within the payment deadline indicated on the invoice, they shall be obliged to pay the Company interest on late payment, to be calculated in accordance with the applicable provisions of the Civil Code regarding interest on late payments, for each day of delay. If the Customer is in default, the Company shall be entitled to refuse further performance under the contract concluded between the parties for the duration of this period. The Customer's default excludes the Company's default.
3. If the Customer fails to meet their payment obligation within the 30-day grace period provided by the Company, the Company shall be entitled to withdraw from the contract due to the Customer's breach of contract by sending the Customer a registered letter.
4. A Társaság 5.3. pontban foglalt elállása esetén jogosult a szerződésben foglalt ellenérték 25%-ának megfelelő meghiúsulási kötbért érvényesíteni a Megrendelővel szemben, ennek érdekében a Társaság jogosult a Megrendelő által a szerződés alapján már teljesített kifizetéseket beszámítani. Elállás esetén a Társaság jogosult a szerződés szerint a Megrendelőnek leszállított és átadott termékeket haladéktalanul leszerelni és elszállítani, a Megrendelő pedig ezt tűrni köteles.
Warranty
1. Implied warranty of habitability
  1. In the event of defective performance by the Company, the Customer may assert a warranty claim against the Company in accordance with the rules of the Civil Code.
  2. The Customer may assert the following warranty claims against the Company at their discretion: (i) request repair or (ii) replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would incur disproportionate additional costs for the Company compared to fulfilling another claim. If the Company has not undertaken, or cannot fulfil, repair or replacement, or if the Customer's interest in repair or replacement has ceased, then they may request (iii) a proportionate reduction of the price or (iv) the Customer may repair the defect at the Company's expense, or have it repaired by another party, or (v) in cases of last resort, may withdraw from the contract. Withdrawal is not permitted for insignificant defects.
  3. The Customer may switch from one chosen warranty right to another, but shall bear the costs of switching, unless it was justified or the Company caused it.
  4. The Customer is obliged to notify the Company of the defect immediately after its discovery, but no later than two months from the discovery of the defect. However, warranty rights can no longer be asserted after the two-year statute of limitations from the performance of the contract. In the case of used goods, this period is one year.
  5. Within six months of performance, there are no further conditions for asserting a warranty claim beyond the notification of the defect, provided the Customer proves that the product or service was provided by the Company. However, after six months from performance, the Customer is obliged to prove that the defect they identified already existed at the time of performance.
  6. A claim under warranty must be considered to have been made in time for any defect of the product which caused the defect indicated.
  7. If the Customer asserts their warranty claim with respect to a separable part of the product – concerning the indicated defect – the warranty claim shall not be considered asserted with respect to the other parts of the product.
  8. If the failure of the product was also contributed to by the Customer's failure to perform their maintenance obligations, the Customer is obliged to bear the costs incurred in fulfilling the warranty obligation in proportion to their contribution, if they possessed knowledge of the maintenance of the item, or if the Company fulfilled its obligation to inform in this regard.
  9. The Customer's warranty claim for defects expires after 1 (one) year; for a Customer who qualifies as a consumer under the Civil Code, the warranty claim for defects expires after 2 (two) years from performance (from the handover of the product to the buyer).
2. Product warranty
  1. A buyer who qualifies as a consumer under the Civil Code can assert a claim for product warranty against the manufacturer or distributor of the defective product in accordance with the rules of the Civil Code. A product is defective if it does not meet the quality requirements applicable at the time the product was placed on the market by the manufacturer, or if it does not possess the properties specified in the description provided by the manufacturer. In the event of asserting a claim for product warranty, the Customer must prove the defect of the product.
  2. Under product liability, the consumer may demand that the manufacturer (or the Company acting as distributor) (i) repair the defect in the product, or (ii) – if repair is not possible within a reasonable period and without prejudice to the consumer’s interests – replace the product.
  3. In the case of an exchange, the supplier's liability for defects shall apply to the exchanged product, and in the case of a repair, to the part of the product affected by the repair.
  4. The consumer is obliged to notify the manufacturer of the defect without delay after discovering it. Defects notified within two months of discovery shall be considered notified without delay. The consumer is responsible for any damage caused by the delay in notification. The consumer may assert their warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, the Customer loses this right.
  5. The manufacturer is released from product warranty liability if it proves that
  6. the product was not manufactured or sold in the course of commercial or self-employed activity;
  7. at the time the product was placed on the market, the defect could not have been known, according to the state of scientific and technical knowledge; or
  8. The product defect was caused by the application of a legal provision or a mandatory regulatory requirement.
3. Accessory and product warranty claims cannot be simultaneously enforced.
4. During the warranty period, the Company (or the manufacturer in case of product warranty) shall repair, replace or re-provide the product free of charge for defects covered by the warranty.
5. Warranty
  1. In the event of the Company's defective performance, it shall be liable for warranty in accordance with the regulations of Government Decree No. 151/2003 (IX.22.) on mandatory warranty for certain durable consumer goods.
  2. The warranty period begins on the day the product is handed over to the Customer, or if the installation is carried out by the Company or its representative, on the day of installation, or on the day the service is actually performed. If the Customer arranges for the product to be installed more than six months after handover, the warranty period shall commence on the day the consumer good is handed over.
  3. The duration of the warranty is: (i) one year for a sale price reaching HUF 10,000 but not exceeding HUF 100,000, (ii) two years for a sale price exceeding HUF 100,000 but not exceeding HUF 250,000, (iii) three years for a sale price above HUF 250,000. After the expiry of this deadline, the Customer loses this entitlement.
  4. The Company shall be released from its warranty obligation if it proves that the cause of the defect arose after performance.
  5. The warranty stipulated in this paragraph does not apply to parts subject to normal wear and tear, to malfunctions caused by such wearing parts, or to malfunctions caused by external influences, provided that the Customer is not considered a consumer.
  6. Neither a warranty claim nor a product warranty claim can be asserted simultaneously for the same defect. Otherwise, however, the Customer is entitled to rights arising from the warranty independently of the rights arising from the warranty against defects in the item and the product warranty.

The Customer may assert their warranty or guarantee claims against the Company at the following contact details:

KROMIKER Kft.
5561 Békésszentandrás, Hunyadi utca 62.
Email address info@kromiker.hu

Intellectual property, copyright
1. The plans, drawings, technical descriptions and other attachments prepared by the Company and handed over to the Client constitute the Company's exclusive intellectual property. The Client may use these solely for the purpose of fulfilling the contract and may only disclose them to third parties with the prior written consent of the Company. The Company reserves all copyrights in respect of the drawings, plans and other documentation provided by it.
2. The Company's website (www.kromiker.hu) and its content are protected by copyright, with the Company exclusively entitled to exercise the associated property rights. Downloading, electronic storage, processing, or selling any part of the content displayed on the website is prohibited without the prior written consent of the Company.
Titoktartás
1. The Client is obliged to treat as confidential, as business secrets, any information that comes to their knowledge regarding the Company and the services provided by it, during the conclusion or fulfilment of the contract with the Company, the disclosure of which to a third party could prejudice the interests of the other party, and shall not disclose it to a third party without the prior written consent of the Company, except in cases of express legal obligation.
Vis Maior
1. Force majeure shall be considered an unavoidable obstacle beyond the control of the Parties, particularly war, elemental disaster, natural catastrophe, weather conditions preventing arrival at the place of performance of transport for more than 24 hours, as well as any unforeseeable and insurmountable obstacle that makes the performance of any contractual obligation entirely impossible. In the event of a delay caused by force majeure exceeding 30 days, the Parties may withdraw from the contract upon subsequent notification to the other contracting party, in which case they shall be obliged to settle for services already rendered and/or to return them.
Complaint management, legal disputes
1. The Client can request information regarding the product or the Company's services, as well as submit feedback, by sending an electronic mail to the Company's e-mail address.
2. In case of a complaint, the Customer may contact the Company at the contact details provided in our General Terms and Conditions. The Company will immediately examine and resolve any received complaints where necessary. The Company shall provide a substantive written response to the Customer's complaint within a maximum of twenty-five days of its receipt.
3. The Client and the Company shall primarily attempt to resolve their disputes amicably. If amicable resolution of disputes is not possible, then the Parties shall establish the exclusive jurisdiction of the District Court of Szarvas or the Regional Court of Gyula, depending on the value of the subject matter in dispute.
Effect
1. The present General Terms and Conditions shall enter into force on 31.08.2022 and shall remain in force until amended or revoked.
2. The provisions of these General Terms and Conditions apply to all delivery, sale, and works contracts, price quotations, order confirmations, invoices, and any other documents produced in the course of sales or service provision concluded by the Company as a supplier or seller.
3. The Company is entitled to amend the General Terms and Conditions unilaterally. The Company shall publish the amendment of the General Terms and Conditions on its website (www.kromiker.hu) in the form of a link prior to its taking effect. The amended General Terms and Conditions shall apply to contracts concluded and orders received after the amendment takes effect.

Governing law
1. The Hungarian law shall apply to the legal relations of the Parties, taking into account and based upon the hereto General Terms and Conditions.
Titoktartás
1. If the Customer is not considered a consumer, the provisions of these General Terms and Conditions relating to consumers shall not apply.
2. The Company may engage a contractor to perform its obligations. It shall be liable for the unlawful conduct of such contractor as if it were its own conduct.
3. If any part of these General Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected.
4. If the Company does not exercise a right granted to it under these General Terms and Conditions, the failure to exercise that right shall not be deemed a waiver of that right. Any waiver of a right shall only be valid if made by an express written statement to that effect. If the Company does not strictly enforce any essential term or condition of these General Terms and Conditions on one occasion, it shall not mean that it waives its right to strictly enforce that term or condition in the future.

Békésszentandrás, 30 August 2022.

KROMIKER Ltd. General Terms and Conditions

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