General Terms and Conditions of Sale
I. Formation of the Contract
1. The contract is formed between Spacer Cone Kft. (registered office:
6087 Dunavecse, Somogyi Béla utca 2, company registration number:
03-09-137609, represented by: Bence Sinkó, managing director,
hereinafter referred to as the Seller) and the party entering into the
contract as the Buyer, hereinafter referred to as the Customer, based on
the order sent by the Customer to the Seller and confirmed in writing by
the Seller, i.e., by signing the contract.
2. Obligations for the Seller arise from the order confirmation only if a
written contract is concluded between the parties based on the order
confirmation.
II. Claims and Performance of the Seller
1. The purchase price quoted by the Seller is always exclusive of VAT
unless explicitly stated otherwise.
2. The Customer acknowledges that their payment obligation to the
Seller becomes due even without invoicing if the Seller has requested
payment in writing and specified the due date.
3. Unless otherwise agreed by the parties, the prices and fees quoted by
the Seller are valid for delivery from the Dunavecse site.
III. Performance of the Contract, Rights and Obligations of the
Parties
1. Declarations related to the formation, modification, or termination of
the contract are only valid in writing. A declaration is considered
received when the postal return receipt confirms it, or if a shipment was
undeliverable because the recipient moved to an unknown address or did
not collect the shipment within 5 days of dispatch, or in the case of a fax,
at the time of sending. Any declaration sent by the Seller to the
Customer and delivered to the Customer or deemed delivered as per the
above is considered accepted by the Customer unless the Customer
objects in writing within 5 working days of receipt.
2. Binding declarations for the Seller can only be made by its authorized
representative or an employee authorized by them.
3. In calculating the duration of the sales relationship or other deadlines
related to the contract, calendar days are to be used unless the deadline
for making a legal declaration falls on a non-working day, in which case
the declaration can be made on the next working day.
4. The place of performance and mailing address for the Seller is: 6087
Dunavecse, Somogyi Béla utca 2.
5. The Seller's performance is realized when the Product is loaded onto
the Customer's or their carrier's vehicle. From this point, the risk of
damage is borne by the Customer.
6. Unless otherwise agreed by the parties, the loading and unloading of
Products at the Seller's site and the transportation of Products are the
responsibility of the Customer.
7. Delivery can only take place during the opening hours specified by
the Seller.
8. If the Customer wishes to make a quantity or quality complaint
regarding the delivered Products, they must do so in writing within the
deadline specified in the contract, detailing the affected Product and the
defect or deficiency. Failure to meet the deadlines, use of the Products,
or any modification of the Products by the Customer without the Seller's
consent excludes the Customer's claim for price reduction, modification
of the due date, or exemption from potential damages.
9. The Customer must always use the Products in accordance with the
technical descriptions and instructions for use prepared and published by
the Seller. The Customer bears the risk of any damage resulting from
failure to comply with these instructions.
10. The Seller guarantees the suitability of the Products sold for their
intended use. The Customer can only assert a claim against the Seller on
the grounds that the Product is unsuitable for its intended use if they
prove that the Product did not meet the technical specifications and
properties guaranteed by the Seller at the time of delivery.
11. The Seller is only liable for damages occurring after the Product has
been put into use if the Customer can prove that the Products were used
General Terms and Conditions of Sale
properly. The Seller is not liable for damages resulting from exceeding
the values in the load tables, incorrect sizing, or damages occurring
during transportation.
12. The Customer uses the received Products at their own risk. During
use, the Customer must comply with general and specific safety
regulations and precautions.
IV. Termination and Cancellation of the Contract
1. If the Seller cannot deliver the full quantity specified in the contract
by the deadline stated in the order confirmation and the delay exceeds 30
days, the Customer is entitled to withdraw from the contract within 30
days by a unilateral declaration addressed to the Seller. The Customer
can only exercise their right of withdrawal for the Products not yet
delivered.
2. The Customer acknowledges that the Seller is entitled to withdraw
from the contract for the Products not yet delivered during the
performance of the contract or between the order confirmation and the
conclusion of the written contract if circumstances arise in the Seller's
business after the order confirmation that make the performance of the
contract unreasonable or impossible. In such a case, the Customer is not
entitled to any compensation or other claims.
V. Purchase of the Product
1. Based on the sales contract, the Customer acquires ownership of the
sold Product by paying the full purchase price and any late payment
interest and taking delivery of the Products. Until this time, the Seller
retains ownership.
Budapest, July 10, 2024 Spacer Cone Kft.