2015-07-06

General terms of delivery and sales

LOSAN-PACK LTD.
General terms of delivery and sales

 

1.Offers
The received offer can not be assigned to third parties and the bids are valid only for those volumes, products and deadlines which are described in the offer. Photos, drawings and other documents containing weight, size and other parameters attached to the offer serve just for information purposes, they should be considered as data for your information. In case of no expiry in the offer, the general validity deadline of the offer is 30 days from the date of the offer. After the expiry of the validity date, the binding on our offer is considered as cancelled. The binding on our offer shall be cancelled, too, if the bidder withdraws its offer with a cancellation declaration addressed to the other party before the other party would send the acceptance declaration of the offer.

2. Order and Confirmation
The order shall be considered as officially accepted by us if the customer has received our written confirmation. The modification of the order shall be done in written form or by telephone, e-mail and telefax, but the modification shall be considered as valid when the modified written confirmation letter issued by us was delivered to the customer. We can not accept any complaints coming from non-confirmed modifications. We have the right to issue an invoice for those requested products which have been sent for review or selection purposes from several products, if they have not been sent back to us within 10 working days from the date of receipt of the product.

3. Cancellation of the Order
In case of a unique product, produced for special needs or chopped for pieces, the cancellation is not possible and we have the right to invoice these products even if they were not accepted by or delivered to the customer. In case of cancellation of ordered commercial products scored as store batch, we have the right to invoice 5% cancellation fee, if the cancellation is carried out over 24 hours from our confirmation and the product is not issued from the store. Following delivery we cannot accept any requests for cancellation.

4. Prices
If there is no other reference in our offer, prices are understood that they are calculated on net basis prices and they valid for receipts in our central store or in other store of the draw offer in original packing. We have the right to incorporate into the invoice the costs arosen from additionally or multi-packs.

5. Payments
The way of payment shall be in cash or via bank transfer. In case of default in paying we are entitled to charge the double rate of the prevailing rates issued by Central Bank as late payment fee.

6. Delivery and acceptance of products
The acceptance of the product shall be documented via supporting documents (delivery note or invoice). The quantitative complaints on products can be accepted only, if they were recorded on the act of acceptance. Qualitative complaints on products can be accepted within 72 hours following acceptance of the product. It excludes the hidden defects, guarantees under warranty and errors which are not recognized by acceptance or view of the product.

7. Delivery Deadline
It shall be understood from the date of the confirmation. If the delivery deadline has been indicated in calendar weeks, then its expiry is due on Sunday of the given calendar week at 0:00 . We exclude all kinds of penalties coming from facts independent from us or from unforeseen events (vis major) influencing on delivery delays. We will send a written notification on delivery delays. In case of any delivery delay attributable to us, the customer is entitled to demand for 1% of the contract value of the product following each week start in delay as contractual penalty, but the whole amount of penalty shall not exceed 5% of the amount of product delivered such way.

8. Delivery
Upon customer request the we deliver the product either by own vehicle or by cargo company or by post. Unless otherwise agreed, we are entitled to charge the delivery costs in the invoice. Once the delivery has been made by us or the customer has been informed about the availability of the product, nevertheless the customer does not take the product over for any reason at time of delivery or at previously agreed time.

9. Safe-keeping and Storage of Products
We maintain the ownership right of the product until the whole payment is made. We keep the product until its acceptance. If the product is not accepted within two weeks following delivery deadline, we have the right to charge 1% for the value of products not taken over after 7 days by you as a storage fee.
If the customer does not take the product away within 60 days after notification on time of acceptance, then we are entitled to sell the product to third parties, and to charge you 10% storage fee. In case of unique products, produced for special needs or chopped, and therefore not to be sold for third parties, after the expiry of 30th day we have the right to issue an invoice on the price of the product, even if it has not been accepted or delivered yet.

10. Guarantee and Warranties
According to the law we commit full title guarantee and warranty commitments for products produced by us.

11. Guarantee and replacement
The guarantee or replacement of the product, which has been accepted or delivered by the customer, is possible only within 7 days following acceptance, if the product is in its original, undamaged packing, in undamaged condition, and the customer can justify its origin, taking over and price of the product with invoice (bill of lading). The take-back or replacement is possible under no any circumstances if the product is unique, produced for special needs or chopped for pieces.

Any matter not covered by the General terms of delivery and sales, the relevant paragraphs of the Hungarian Civil Code shall be applied.

UPON ORDERING , IF NO OTHER WRITTEN AGREEMENT IS CONCLUDED, THIS GENERAL TERMS OF DELIVERY AND SALES ARE CONSIDERED AS ACCEPTED!