General Contract Terms and Conditions
AduPrint Kiadó és Nyomda Korlátolt Felelősségű Társaság
H- 1033 Budapest, Csikós u. 8.
I. The Object and the Purpose of the Contract
- The following General Contract Terms and Conditions contain the General Contract Terms and Conditions between Aduprint Kiadó és Nyomda Korlátolt Felelősségű Társaság (H-1033 Budapest, Csikós u. 8., Cg. 01-09-165941) as contractor (Contractor) and the customers (Customer) entering into contract for professional services. The parties are entitled to dispose differently from the General Contract Terms and Conditions in other contracts for professional services, in the absence of such disposition the General Terms and Conditions concern both the Contractor and the Customer without any stipulations. In case of there is any questions that are not ruled by the contract for professional services concluded by the parties, the General Contract Terms and Conditions shall be applied primarily, and if there are unregulated areas the operative legal regulations shall have effect.
- The General Contract Terms and Conditions and its possible amendments are published by the Contractor on the Contractor’s homepage. The amendments of the General Contract Terms and Conditions concern the operative contracts for professional services as well, except for the case, when the Contractor and the Customer amend the contract for professional services referring to the contrary explicitly. In case of the Customer does not file an objection against the amendments in 15 days from the publishing, the amendments are considered to be accepted. In case of the Customer does file an objection against the amendments, the non-compliance of the General Contract Terms and Conditions in the legal relationship of the Contractor and the Customer shall be adverted in the distinct contract between the Contractor and the Customer.
II. Offers, Quotations
- All offers shell be without any obligation, unless expressly stated otherwise.
- Aduprint reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions even after an order has been submitted, wheter or not the order has been confirmed.
- On the ground and application of the following contractual conditions, Customer is entitled to order completion of print service from the Contractor.
- The Customer is entitled to order only in written form, by sending fax, e-mail or by post; orders made by phone or verbal shall be confirmed in written form immediately. The customer is responsible for any consequences of the default.
- The order has to contain evidently and identifiably
- the label and the name of the ordered product
- the number of the copies and the extent
- the Customer’s name, address (seat), registry number
- in case of difference, the account’s owner’s name, address (registered office)and registry number
- the settlement deadline
- The commencement of the legal relationship is the acceptance of the order by the Contractor.
- The Customer sends the printable store in pdf / postscript format to the Contractor. The Contractor checks the store according to print technical considerations. The check does not concern contain elements, graphic or aesthetic considerations, the Customer is not liable for damages caused by these. The Contractor is not liable according to the Civil Law, Competition Law, or Criminal Law for the products produced according to the given store.
- The Customer takes over besides, that the information necessary for the completion will be recorded in the order. In so far as this obligation is not or not in time performed by the Customer, the Contractor has the right to rescind the contract effective immediately, the Customer is obligated to pay all the damages and expenses occurred to the Contractor. In so far as the Contractor does not rescind the contract according to this point, is not liable for - considering the Customer’s default - the default in completion of the contract.
- Contractor, according to the order made by the conditions determined in this contract, is obligated to provide the ordered printing service and produce the printing product. The Contractor’s obligation to provide is set from the date of the statement of approval, containing the same as the order, sent written, by email or fax.
- Contractor is obligated to check the given material. In case of noticing any fault by the end of the check, it is compulsory to notify the Customer immediately. The check does not apply to any content element, graphic or aesthetic aspect, the Contractor is not liable for this kind of faults, wrongs but the printing implementation. Contractor, in connection with the produced product based on the given digital stock, is not liable according to the Civil Law, Competition Law or Substantive Law.
- Contractor is obliged to inform the Customer on all of the circumstances, that endanger or block the success of the enterprise or the delivery in due time. In case of the Customer, despite the notification, does not take the necessary steps in order to prevent the circumstances that endanger or block the success of the enterprise or the delivery in due time, and does not give the necessary information and materials to the Contractor, the Contractor is entitled to avoidance with immediate effect, the Customer is obligated to reimburse the damages and the expenses. In so far as the Contractor does not exercise the right to avoid from the agreement according to this point, the Contractor in connection with the delay in performance – citing the Customer’s actionable conduct – is not liable.
- Contractor is obligated to produce the printing product with the best professional knowledge and the best possible care.
- Contractor is authorized to depart from the number of the copied issues set in the contract not more than plus 5 % or minus 5 %. Because of this departure, Customer is not authorized to lay claim on any legal grounds against the Contractor.
- Contractor is obligated to conduct with the duty of care in order to fulfil the printing expectations departing from the unique orders based on the Customer’s written notification given in proper time, if it is technically possible. The Parties are obliged to enter into a written agreement about the fee of the extra services indicated in the amendment of the order, and the way the Contractor shall be compensated as the result of the damages occurred in consequence of the amendment of the order. The amendment of the order enters in force, when the entrepreneurial reply given to the amendment of the order is approved written by the Customer, and the Parties have agreed in written form about the fee of the extra services indicated in the amendment of the order, and the way the Contractor shall be compensated as the result of the damages occurred in consequence of the amendment of the order. The Customer’s amendment claim is in due time, if the Contractor had not begun the production progress, or the Contractor has begun it, but the production is possible technically in consequence of the amendment of the order.
- Contractor has the right to employ subcontractor during the production of the printing product. Contractor is liable for the employed subcontractor’s work as the work would have been done by the Contractor. Contractor is not obligated to inform the Customer about the employment of the subcontractor.
- Contractor is obligated to notify the Customer about every circumstances, that endanger or block the success of the completion of the contract or the delivery in due time. The mail with postal receipt sent to the Customer’s registered office is considered as a notification, even if it could not have been delivered, so does the electronic mail, sent to the email address used by the Customer in business relations between the Parties. In case of notification, concerned any due time, if there is no statement from the Customer within 5 workdays, the new due time determined by the Contractor shall be considered approved.
- The place of settlement is the Contractor’s seat: H-1033 Budapest, Csikós u.8.
- The settlement deadline is the specified deadline in the distinct orders approved by the Contractor.
- Customer, according to the Contractor’s written notification, is obligated to take over the ordered product produced by the Contractor at the place and in the time set out in the distinct contract, and in the absence of this, to take over and transport from the Conductor’s place of business within three days from the receipt of the notification.
- In case the Customer does not fulfil the obligation to take over and transport, determined in the previous point, within three days from the receipt of the notification, the Customer is obligated to pay 10.000 Ft a day as a storage fee to the Contractor until the day of the takeover or the transportation. In that case the Contractor is responsible for safekeeping the product made by the Contractor not more than three months from the first day of the Customer’s obligation to take delivery, after the three months long term the Contractor can utilize or sell the products. The sum credited to the account from the utilization and the sale is the Contractor’s legal due and the Customer has no right to enforce any claim coming from the utilization or the sale.
- The takeover of the product made by the Contractor takes place against a receipt or the bill of delivery signed by the Customer.
- The assumption of risk devolves to the Customer with the conveyance.
- Customer shall file the possible complaint in quality or quantity to the Contractor within five workdays forfeit deadline from the takeover of the work in written form. After the five workdays from the takeover Customer is not authorized to lay any claim on any legal grounds.
- Contractor is obligated to examine the Customer’s complaint filed inside the deadline in the shortest term that is possible and must be given the opportunity to correct the errors in case of legitimate complaint. Consequential damages caused by a defect, such as in particular lost profit are explicitly excluded.
- In so far as the Parties can not agree concerning the complaint in quality or quantity filed by the Customer, the Parties are obligated to consider the opinion of the expert recommended by the Federation of Hungarian Printers and Paper Makers and invited by the Parties.
V. Hire-Purchase Agreement
- Contractor can exercise the ownership of the products produced by the Contractor until the full payment of the entrepreneurial fee, that is the ownership of the products produced by the Contractor, apart from the transfer of the possession, devolves to the Customer only after the payment of the whole amount of the entrepreneurial fee.
VI. The Contractor’s Remuneration
- Contractor has the legal right to remuneration as consideration of the printing service completed by the Contractor. The whole pre-calculated amount of this remuneration is disclosed by the Contractor to the Customer in written form at the same time as the work order is accepted by the Contractor.
- Customer is obligated to pay the entrepreneurial fee within 15 days from the takeover of the product to the Contractor through bank transfer to the Contractor’s 10200940-22014991 numbered account led by K&H Bank Zrt, In so far as the Customer within three days from the notification delivered by the Contractor does not take over the product produced by the Contractor, in the view of the payment of the entrepreneurial fee, the day of the takeover is the last day of the three days long deadline.
- In so far as there is any delay in payment on the side of the Customer for any reason, the Customer is obligated to pay an interest for default which is equivalent to the double of the central bank’s current prime rate.
- In case of more than 2 months long default in payment on the side of the Customer, the Customer is obligated to pay the 20 % of the entrepreneurial fee to the Contractor as lump-sum compensation.
- The Parties agree that the Customer, in case of any complaint in connection with the products produced by the Contractor or invoices issued by the Contractor has no right to retain the entrepreneurial fee that is due to the Contractor, furthermore the Customer has no right to enforce the Customer’s claim through offsetting a receivable.
VII. Business Secret
- Parties agree, that every fact, data and information noticed during the delivery of this contract concerning the other Party, the Party’s business relations, business partners or financial situation is considered to be business secret, which shall be kept by both Parties after the performance of the contract as well for unlimited term.
VIII. Legal Disputes, Other Provisions
- The Parties stipulate the exclusive competence and jurisdiction of the Permanent Court of Arbitration operating beside the Hungarian Chamber of Commerce in case of any litigation originating from these General Contract Terms and Conditions and from the entrepreneurial agreement. The language of the process of the Court of Arbitration is the Hungarian, and the applicable law is the Hungarian Law. The Parties agree that one arbitrator proceeds in the judgement of the case.
- These General Contract Terms and Conditions are accessible on Hungarian, English and German languages, from which the Hungarian one is considered to be the governing one in case of any dispute.
- These General Contract Terms and Conditions are accessible on the Contractor’s homepage, have been posted at the Contractor’s registered office and have been indicated in the receipt of the order, in the provisions of the distinct contracts between the Parties as a warning with the following text: For Your information, the legal relation created by this receipt is concerned by the General Contract Terms and Conditions of the AduPrint Kft which are accessible on the page www.aduprint.hu. The settlement place is the Contractor’s registered office, the applicable law is the Hungarian Law.
- Customer – regarding especially the contents of point 3. – declares, that Customer knows the General Contract Terms and Conditions and its distinct provisions completely, acknowledges and accept them expressly as the provisions applicable in the contractual relations created by the Parties.
- Out of the provisions ruled in these General Contract Terms and Conditions, the Hungarian Civil Code and especially its rules concerning the entrepreneurial agreements are applicable.