1. SCOPE OF VALIDITY
The present “General Conditions of Sale” regulate all relations established between VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT and the Customer, except where expressly waived due to particular conditions confirmed in writing by the same VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT.
The Customer shall submit orders in writing, also by fax or electronic mail. The agreement shall be finalized when the Customer receives confirmation of the order. Unissued order confirmation may in no case be considered as either acceptance or refusal of the order. Every order issued by the Customer and confirmed by the above-mentioned order confirmation from VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT shall be governed by the present General Conditions of Sale.
VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT reserve the right (at any time and without obligation to give advance notice) to make all those modifications which, under their final judgement, they deem opportune in order to improve the functionality and performance of the Products, also in response to their own technological and production needs. Any information or data as to the characteristics and/or specifications of the Products contained in any brochures, price lists, catalogues or similar documents are by way of indication and shall in no way be binding upon VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT.
4. DELIVERY AND TRANSPORT
All deliveries, except where specifically agreed otherwise in writing, are understood to be ex-warehouse of VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT. Delivery shall be understood to have taken place at the VALDO TECHNIC INDUSTRIAL SOLUTIONS factory, on acceptance of the products by the carrier appointed by the Customer. All costs relating to the transport of the Products ordered are to be borne entirely by the Customer. VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT will take no responsibility for the transport of the Products which shall therefore travel at the expense and risk of the Customer, except where expressly agreed otherwise in writing.
5. TERMS OF DELIVERY
The delivery dates envisaged by VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT are merely by way of indication. VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT will not accept any liability if such delays as may occur are due to uncontrollable or unforeseen circumstances, or in any case to facts independent of the will of VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT. In such cases, in entering into the agreement the Customer renounces any indemnity or claim for compensation against VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT for direct or indirect damage arising from delays or incomplete fulfilment of deliveries. Independently of the cases mentioned above, should the Customer become even only partially in default and/or should events occur such as to negatively affect the solvency of the Customer, VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT, without prejudice to the right to demand correct fulfilment and in any case the right to compensation for damages, on prior notification to the Customer reserve the right to resolve the contract and fulfilment of their own obligations, suspend deliveries, annul the remaining part of the order and/or claim the entire remaining credit.
VALDO TECHNIC INDUSTRIAL SOLUTIONS’s prices, unless otherwise indicated, are expressed in Euro and are understood, save where expressly agreed otherwise in writing, to be net of VAT and for products handed over ex-warehouse of VALDO TECHNIC INDUSTRIAL SOLUTIONS, net of any expenses for special packaging, customs duties and transport.
7. GUARANTEES, COMPLAINTS AND LIABILITIES
VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT guarantee that the goods sold are free of defects in material and manufacture, for a period of 12 months from the delivery date, with the exception of the parts subject to normal deterioration in use. The guarantee undertaken by VALDO TECHNIC INDUSTRIAL SOLUTIONS does not include defects and/or damage arising, by way of example and without exclusion, from improper use, abuse or negligent and/or improper storage,or from use not compliant with the technical requirements or following errors in design or manufacture of the apparatus into which they are inserted, and arising in any case from any circumstances independent of VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT. Any complaint is to be submitted to VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT in writing and within the guarantee period. The Customer shall, for the admissibility of the complaint and to enjoy the guarantee provided for in this clause, prove that the product has been properly conserved and correctly used. It remains understood that any complaints regarding a part of the Products ordered shall not legitimize the Customer in suspending the payments due; only after making the payments due shall the Customer be able to pursue his right of guarantee. Any liability that may arise from the Products for events subsequent to delivery, including any damage to things and/or persons (also to accessories of the Products) shall be borne exclusively by the Customer. The guarantee provided shall be limited, as decided exclusively by VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT, to replacement (with either identical or similar products) or, alternatively, to repair at the VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT’s premises or, again alternatively, to the refund of the amount paid by the Customer and corresponding only to the price of such products as are defective. Any further and/or greater liability is excluded, such as compensation for any damage (direct/indirect, damage due to loss of production, loss of profit, consequential damage). The Buyer is obliged to take out insurance for the purchased goods, if he does not have it, the VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT. excludes his all liability.
8. RETURNED GOODS
No return of goods (writing to Valdo Technic Industrial Solutions Kft) will be accepted unless it has been previously authorized in writing by VALDO TECHNIC INDUSTRIAL SOLUTIONS, in the absence of which the goods will be returned to sender with debit of transport expenses. Should a goods return authorization number be communicated to the Customer, this number is to be stated both on the packaging and on the documents accompanying the returned products, which are to be returned whole, untampered with, not welded, complete with any accessories and in appropriate packing conditions. The allocation of a goods return authorization number does not in itself imply acknowledgement of the defect/flaw and consequent recognition of guarantee rights. In case of authorized return of goods, the shipping expenses shall be borne entirely by the Customer. VALDO TECHNIC INDUSTRIAL SOLUTIONS reserve the right to examine the returned product that is claimed to be defective. Should it be shown that the alleged defect/flaw is non-existent and/or that the guarantee times have not been respected, VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT reserve the right to send it back to the Customer, who shall entirely bear the entire transport expenses of the returned goods.
Payments shall be made, unless otherwise agreed in writing, completely, according to the manner indicated in the relevant supply contract conditions. The minimum value for an order is Euro 150.00. Delay in payment, even in part, of invoices beyond their expiry date shall give rise, save compensation of any greater damages, to the immediate effectiveness of arrears interest in the degree determined, without any need for formal notice of default. Should VALDO TECHNIC INDUSTRIAL SOLUTIONS not exercise their rights in case of default by the Customer, this shall in no way limit/prejudice the right of VALDO TECHNIC INDUSTRIAL SOLUTIONS in case of persistent default, i.e. if this should recur also at a subsequent date. The VALDO TECHNIC INDUSTRIAL SOLUTIONS will maintain his ownership until the full payment.
10. INDUSTRIAL PROPERTY
The reproduction and/or dissemination to third parties, whether totally or in part, of the technical documentation, data, drawings and of any other information owned by or of concern to VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT (whether in paper or electronic form) is prohibited and in this respect the Customer undertakes to take all the appropriate precautionary measures both towards third parties and towards his own personnel on order to guarantee their protection. The Customer also undertakes to maintain strictly confidential any reserved information and/or documents relating to products and designs and not to provide “samples” to third parties, except on written authorization by VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT.
11. APPLICABLE LEGISLATION AND COURT JURISDICTION
The present General Conditions of Sale and any Sale Agreement are governed and interpreted according to the legislation of the Hungarian Republic. For any dispute between the parties concerning and consequential to the present General Conditions of Sale and to the sale agreement, jurisdiction shall be exclusively that of Buda Environs District Court, Hungary.
Personal and sensitive details of Customers, however communicated (by fax, telephone, email etc.) will be handled by VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT in compliance and only for duties connected with the activity carried out by VALDO TECHNIC INDUSTRIAL SOLUTIONS KFT.