A Selectronic 2000 Hungary Kft. – (Selectronic2k) in the following, General terms and conditions – (GTaC) in the following
1. Usage of GTaC
1.a Deliveries and services of Selectronic2k – unless Selectronic2k and its contractor (Buyer in the following) have prieviously mutually agreed otherwise in writing, this GTaC is exclusively authoritative.
1.b Amending a contract made by this GTaC is only possible with a mutual agreement in writing between the Buyer and Selectronic2k. Unless the Buyer and Selectronic2k have agreed otherwise in writing, this GTaC applies to the deliveries and services of Selectronic2k even if the Buyer has an own detailed GTaC.
2. Deliveries and fulfillments
2.a Selectronic2k is not bound by its issued offers, changes in their conditions may arise due to changes in delivery conditions of the suppliers of Selectronic2k . Selectronic2k does everything in its power to uphold the agreed price of the issued offer within the validity period of the issued offer. However, changes regarding stocks, prices, exchange rates could be implemented in the form of a new offer, if necessary.
2.b The contract between Selectronic2k and the Buyer is made by the written confirmation of the order placed by the Buyer.
2.c In case of prolonged deliveries and termin contracts Selectronic2k sends a repeated confirmations to the Buyer in case there are changes in the delivery.
2.d Selectronic2k reserves the rights of pre- and partial deliveries (fulfillments) in case of each of its contracts. In the cases of pre- and partial deliveries (fulfillments) the appropriate measures are taken into consideration at the invoicing. In the cases of incommensurate deliveries protracted by weeks, the Buyer may inquire the cancellation of the remaining amount in writing the day after the confirmation. With the exception of the parts with the status of NCNR (NCNR = non-cancelable, non-returnable).
2.e Delivery dates issued by Selectronic2k are informative only, these may change due to the fulfillments of suppliers and subcontractors of Selectronic2k and other, unforseeable circumstances (delays due to manufacturing problems, natural disasters, employee walkouts, riots, and other inevitable circumstances affecting the delivery). For the delays in the informative only delivery dates Selectronic2k cannot be held accountable, but does everything in its power to deliver the parts in time, even if it means aquiring the parts from another source. If it comes with an addicional cost, Selectronic2k will notify the Buyer, and only takes action with the consent of the Buyer.
2.f If Selectronic2k is 5 (five) weeks late with the delivery compared to the delivery date, the Buyer may cancel the contract unilaterally without any consequences. With the exception of NCNR parts.
2.g Selectronic2k is entitled to cancel the contract unilaterally if information about the Buyer’s insolvency surface. In such cases, the order may only continue after the price of the product was paid and invoiced in advance.
3. Handover-delivery, transfer of risk of damage, guarantee, complaints
3.a The Buyer is obliged to make any complaints about the quantity or quality of the product the time of the handover-delivery, and to compare them to the invoice about them, and report any digressions to Selectronic2k Kft. The Buyer is not entitled to make any complains about the quality or quantity of the product after 10 days have passed since it’s delivery, fulfillment . Unless the Buyer has made any complaints after the product’s handover-delivery, the parties consider the items on the invoice to have been delivered in unobjectionable quantity and quality.
3.b In case of parts marked with 14 days of inspection guarantee, the Buyer is obliged to test them, and inform Selectronic2k about the results in writing. Failing to do so, the Buyer is not entitled to file any complaints.
3.c The complaints are always filed and issued in writing. A complaint is recorded to the quality insurance system, and Selectronic2k follows its instuctions. The Buyer may file their complaint in writing, by downloading and filling the RMA form found on Selectronic2k website, and then sending it back.
3.d Returning a product is only possible with a validated RMA number. The RMA form contains a description of the issue, detailed technical information, any information required by the manufacturer and the supplier to solve the problem. In case of complete modules, devices with guarantee, the same method applies.
3.e In case of a complaint regarding a quality issue the investigation and evaluation is the responsibility of the manufacturer and the supplier, and the decision is based on the result of their investigation. If the result is to replace the part in question, Selectronic2k will deliver the perlacement part to the Buyer as soon as possible after receiving it form the manufacturer, supplier. In this case, Selectronic2k will provide an invoice for the Buyer. In this case, delivery charges do not apply to the Buyer, unless the inspecion of the manufacturer, supplier concluded that the failure is the result of careless, inappropriate handling or using by the Buyer. The manufacturer, supplier may ask for technical information regarding the circumstances of the handling, usage. The handling of this document can be done by the requested- received, signed privacy statement.
3.f In case of a quantity issue, Selectronic2k will credit the difference to the Buyer, and takes action to provide the missing parts as soon as possible.
3.g In the case of missing a non-significant part, that does not have a determinative role in operating the ordered product, the Buyer is not entitled to deny receiving, and on this basis paying for the product.
3.h By receiving the product, the risk of damage is the Buyer’s instead of Selectronic2k’s or a third party’s entrusted ro the delivery by Selectronic2k.
4. Prices and terms of payment
4.a The prices indicated in the price list or in any publications are informative only.
4.b Selectronic2k is entitled to increase the price of the ordered product unliaterally after making the contract, if Selectronic2k would suffer an irreparable loss by a circumstance unknown at the time of making the contract without doing so. Selectronic2k is obliged to justify the increase in the price by the enquiry of the Buyer. Selectronic2k is obliged to inform the Buyer about the increase in the price immediately.
4.c After making the contract Selectronic2k is entitled to record the price of the orded product in the currency of the acquisition using the exchange rate at the time the order was made, and if the invoice was made in Forint, to issue the invoice according to the exchange rate at the day of the billing. The Buyer is entitled to ask for the invoice to be made in other currencies, if it is more favorable to them.
4.d The payment for received product or service is due in the time recorded in the invoice of the said product or service. The method of payment is recorded in the relevant invoice. Any objection about an item on the invoice does not entitle the Buyer to deny the payment for the items not objected by the Buyer.
4.e Selectronic2k may issue the invoice at the time of receiving the product or service, unless the parties have not agreed otherwise. In case the Buyer chose to pay by money transfer, the payment will be deemed fulfilled at the time it appears on the bank account of Selectronic2k.
4.f Installment payment is only possible after a consent in writing by Selectronic2k.
4.g In case of a delay in payment, Selectronic2k is entitled to bill the double of the current base rate of the central bank.
4.h In case of a violation of agreed payment conditions, Selectronic2k is entitled to unilaterally withdraw any discounts, and to make any current demands due. Selectronic2k is entitled to unilaterally withdraw from any current contracts, and to be reimbursed for any damage done to them by the Buyers violation of the contract.
5. Other provisions
5.a If by the Buyer’s instructions a third party links, combines, processes or mixes a product that is the property of Selectronic2k, Selectronic2k will have a share without any provisions in the resulting product in proportion as the unpaid product proportionates to the resulting produnct.
5.b In case the Buyer is more that 60 days late with the payment Selectronic2k is entitled to repossess the product or as seen in 5.a a proportion of a product where the product is found without any authorizing document in which case neather the Buyer nor the third party possessing the product has the right for property protection regarding the product. Selectronic2k wil hold on to the product for an additional 30 days -in case of an unfulfilled payment by the Buyer- then entitled to trade said product, and with the received sum amend Selectronic2k’s demands towards the Buyer. After the demand has been amended, Selectronic2k is obliged to transfer the remaining sum to the Buyer.
5.c During the process mentioned above, the contract between Selectronic2k and the Buyer expires the moment the product was sold.
5.d Products delivered for testing and exhibitional purposes remain the property of Selectronic2k. Said products may only be used beyond testing and exhibitional purposes with a written agreement with Selectronic2k Kft.
5.e Selectronic2k declares, that any collection, take-back, utilization, disposal obligations regarding a product with a take-back obligation used products, products that bacame waste, previously sold to the Buyer will be fulfilled according to the current legislations.
5.f Selectronic2k declares, that for any parts sold to the Buyer, the environmental product charge was paid by Selectronic2k according to the relevant law, for the parts it was required.
6.a If the contract between the parties does not state otherwise, Selectronic2k cannot be held responsible for damages do not originate from the fulfillment, especially cannot be held responsible for the Buyer’s unrealized profit or financial drawback.
6.b Selectronic2k’s brochures, online catalogs and other written materials are informative only, they do not count as written offers, Selectronic2k cannot be held responsible for their content.
7. General statements
7.a Selectronic2k makes the GTaC available: online at Selectronic2k’a official website (www.selectronic2k.com). The footer of any issued invoice contains this address.
7.b Selectronic2k publishes any changes made to the GTaC to places seen at 7.a. The modified GTaC will apply after it was published to Selectronic2k ‘s official website.
7.c By ordering any product, the Buyer acknowledges the statements of the GTaC, and acts accordingly.
7.d Any rights of the Buyer given by the GTaC can only be transfered with the consent of Selectronic2k .
7.e In case of a legal dispute about a fulfillment done by the GTaC, parties will consest to the jurisdiction of the Court of the Capital, or the Court of Pest District, depending on the authority.
7.f For the provisions not mentioned in this GTaC, the laws of Hungary apply. In case certain sections of this GTaC prove to be invalid, contain a legal gap, the parties may modify or complete them in accordance with the economic purposes of said sections. The rest of the GTaC will apply regardless.
7.g Current GTAC 2011. 3 of January. becomes valid.