General Terms of Delivery

1. Unless otherwise agreed in the individual case, the General Terms and Conditions of Budapest Kerámia Ltd. (hereinafter referred to as the GTC) shall apply to all activities, concluded contracts, quotes, orders, confirmation.

2. The contract based on the GTC shall be modified only in writing, by mutual agreement between the Buyer and Budapest Kerámia Ltd. Unless otherwise agreed in writing between Budapest Kerámia Ltd and the Buyer, this GTC shall apply to the sales and provision of Budapest Kerámia Ltd even if the Buyer has its own general terms and conditions.

3. This GTC shall become effective upon receipt of the goods or the signing of the service contract.

4. The validity of our quotes may vary according to the quality of the requested goods or services. Unless otherwise stated, the offer is valid for 30 days. Orders and contracts shall be made in writing. In the case of oral orders, damages arising out of misrepresentation or misinterpretation shall be borne by the Buyer.

5. The invalidity of certain provisions of these GTC shall not affect the validity of the other provisions.

6. Buyer warrants that it has all the licenses and permits required for the purchase of the products from Budapest Kerámia Ltd, with special regard to hazardous substances and preparations, and to use them as intended.

7. The Customer’s claim for compensation shall not be enforced in case of delayed or unexpected delivery, except as a result of intentional or grossly negligent action of Budapest Kerámia Ltd. In this case, the maximum value of the claim is the value of the goods to be delivered by Budapest Kerámia Ltd.

8. The Buyer shall make sure at the point of receipt that the performance is qualitatively and quantitatively. Budapest Kerámia Ltd. retains ownership of the goods sold until the purchase price is fully paid.

9. Each sale is considered to be a separate legal transaction. Faulty execution of some sales does not affect other sales.

10. The consideration for the goods or services received shall be due on the date stated in the invoice. The invoice will be paid for by the payment method indicated on the invoice. An objection to a part of the invoice does not entitle the Buyer to refuse to pay the parts of the invoice not affected by the objection. Budapest Kerámia Ltd is entitled to issue the invoice, unless the parties state otherwise, when the product is delivered or the service is provided. If the Customer pays the consideration by bank transfer, the Parties shall consider the payment to have been made by crediting the consideration to the bank account of Budapest Kerámia Ltd.

10. In the event of late payment, Budapest Kerámia Ltd shall be entitled to charge default interest equal to twice the prevailing central bank base rate for the duration of the delay.

11. In the event of a breach of the payment terms, Budapest Kerámia Ltd shall be entitled to unilaterally cancel any payment discounts granted to the Buyer and make all its claims against the Buyer due. In addition, you have the right to unilaterally cancel the contract and to claim damages from Buyer for breach of contract.

12. Budapest Kerámia Ltd shall not be liable for any damages not directly arising from its performance. The information contained in the prospectuses, website and other written materials of Budapest Kerámia Ltd is for information purposes only, it is not a written invitation to tender, its contents are only liable if agreed between the Parties and written document.

13. The rights of the Customer arising from the contract may be transferred only with the consent of Budapest Kerámia Ltd.

14. Customer complaints do not affect the payment deadline.

15. Budapest Kerámia Ltd  warrants the delivery of natural minerals and mixtures of materials only for the complete delivery. The Buyer acknowledges that the quality of these types of materials may change, therefore he always checks the quality of the purchased products.

16. Budapest Kerámia Ltd sells different quality raw materials. The suitability of the raw materials for specific applications has not been tested. Knowing the technical data sheet provided, it is the customer’s responsibility to use the product in its own production.

17.All quantitative and qualitative objections must be reported in writing within three days of receipt, but no later than 6 months after delivery of the goods. Any subsequent indication or processing of the product shall preclude eligibility.

18. Place of performance: Budapest. Should any dispute arise between Budapest Kerámia Ltd  and the Buyer on the basis of performance under the GTC, the Parties, subject to their jurisdiction, shall submit to the exclusive jurisdiction of the Metropolitan Court or the Central District Court of Pest.

19. The provisions of the GTC shall be governed by the laws of the Republic of Hungary in force.

20. The invalidity of certain clauses or provisions of the GTC shall not affect the validity of the entire GTC.

Budapest Keramia Ltd. 2010.

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