Első Vegyi Industria ZRt.
Budapest
General Conditions of Export
No. EVI-94/1
1. Application:
By the acceptance of these conditions all preliminary verbal agreements and correspondences made by the Seller and Buyer shall cease to have effect. The “General Conditions” defined hereinafter are valid for all Buyers, unless the Seller and Buyer have agreed on different terms in writing.
2. Date of delivery:
The date of delivery means the date (or the last day of the period of consignment as determined in the contract.
The Seller is entitled to deliver only in accordance with the Buyer’s shipping instructions. Should the Buyer fail – entirely or at the time agreed – to meet his obligation to forward shipping instructions and / or to take delivery of goods, the Seller will be entitled to store the goods at the Buyer’s costs, risk and peril and to invoice the supplies accordingly. Should the Seller fail to meet the stipulated date of delivery, the Buyer will be entitled to accept a new one.
3. Payment:
Payment shall be effected in Budapedst, at the bank designated by the Seller. The costs related to payment shall be borne by the Buyer.
A price reduction can be effected in the invoice only on the basis of a separate agreement between the patries. The right of ownership of the goods shall be transferred to the Buyer upon settlement of the totoal countervalue. Should any delay of payment occur regarding the agreed term, the Seller will be entitled to claim an interest on the areas at the usual rate applied on the international currency markets at the time when the delay took place.
4. Performance, taking delivery, quantity, quality, claims:
Performance
Date of performance is the date when the Seller transfers the goods to the first carrier for transportation. It is reasonable to consider the international contracting terms (the prevailing INCOTERMS rules) normative regarding the obligations of the Seller and Buyer.
Quantity
Unless otherwise agreed on by the parties, or otherwise required by the nature of goods, a deviation of plus/minus 2 per cent is allowed from the quantity indicated in the contract. The basis of the invoice is the weight of the consignment transferred to the carrier as determined by official measurement or counting and indicated in the official waybill.
Quality
The parameters of quality indicated in the export contract shall apply to the quality of goods.
The Seller has to issue a quality certificate of the delivered goods. The Buyer is entitled to claim damages for inferior quality within 20 days upon receipt of goods which must be documented within 40 days.
The Seller assumes liability for supplying goods with identifiable quality and the sample taken from the lot will be kept till 60 days at the supplier.
The Seller shall not assume liability for any deterioration that occured during the transport or storage by the Buyer. No liability will be assumed in respect of the goods already used or built in.
Claim:
The upper limit of a claim presented within the period forseen for it is the value accepted by the seller as being equivalent to the value of the goods concerned by the claim. In case of a claim acknowledged by the Seller as being grounded, the Buyer may request a discount or supplementary delivery free of charge.
The following documents must be presented for the verification of a claim:
Official statement of facts made out by the carrier, the original waybill, and in case of a claim on quality a quality certificate issued by a neutral and internationally accepted Supervising Institute.
The costs of supervision are borne by the losing party.
5. Vis Major:
The Seller shall not be liable for total or partial non-performance if it is due to a vis major. “Vis major” involves exceptional, unforseeable and unavoidable circumstances occuring after the conclusion of the contract. The Seller must proven – on demand of the Buyer – the prevalance of such circumstances by a certificate issued by the Hungarian Chamber of Commerce.
6. Duties, taxes, costs:
All export and import taxes, duties and costs payable outside of the Seller’s country shall be borne by the Buyer.
7. Legal Disputes:
The parties shall try to settle amicably all disputes that may arise in connections with the contract. Should this attempt on reconciliation fail to have success, the following rules of competence shall apply:
a). In proceedings brought by the Seller against the Buyer, the parties shall submit themselves to the competence of the court of arbitration residing in the Buyer’s country. Each party will designate an arbitrator. The arbitrators will elect the president of the court of arbitration. In case the party summoned by his opponent to designate an arbitrator fails to do so within 15 days from the receipt of the summons, the arbitrator designated by the other party shall decide on the case. In case the arbitrators cannot agree on the president of the court, the agreement concerning the competence of the court of arbitration will cease to have effect.
b). In legal proceedings brought by the Buyer against the Seller, the parties shall submit themselves to the competence of the Court of Arbitration operating under the auspices of the Hungarian Chamber of Commerce.
or
c). Both parties are entitled to start legal proceedings at a court of justice competent according to the law of the given country provided that they do not wish to have recourse to the court of arbitration and they will consider the award of the former as being inappealable and final without recourse.
or
d). The parties renounce expressly the competence and jurisdiction of any other court and accept in every case the application of the law prevailing in Hungary.
8. Other conditions:
Unless otherwise agreed upon by the parties, all conditions not regulated in this contract shall be governed by the latest formulation of INCOTERMS.
The validity of this contract is subject to the licence of the authorities.
Első Vegyi Industria ZRt. XXV. pursuant to the provisions of the Act (see Complaints Act), operates an abuse reporting system, and also informs its contracting partner that, based on Section 20 (3) of the Act, the provisions of the Complaints Act also apply to our legal relationship.
The contracting parties are also aware that during official or judicial proceedings it is not possible to legally refer to a statement, contract, or regulation that limits or excludes whistleblower protection rights (Section 44 of the Complaints Act).
Első Vegyi Industria ZRt.
Budapest, Hungary
