You are kindly asked to read the provisions of the General Terms and Conditions before each purchase carefully!
1. General data
Company name: EUROKARDÁN KFT.
Registered office: H-9027 Győr, Puskás Tivadar street 8.
Site: H-9027 Győr, Puskás Tivadar street 8.
GPS coordinate: LAT: 47º41′19″ LON: 17º39′51″
Phone: +36 30 531 0000
Fax: +36 96 310 147
Tax number (HU): 11461186-2-08
Tax number (EU): HU11461186
Company registry number: Cg.08-09-006021
KSH number: 11461186-5031-113-08
D-U-N-S number: 40-148-2666
Managing director: Mr. Gábor Gacs
The Parties: EUROKARDÁN KFT., as seller and Customer/Buyer, who may be a Consumer or an Enterprise.
Consumer: Natural person acting beyond the range of his trade, independent profession or business activity.
Enterprise: Person acting in the sphere of his trade, independent profession or business activity.
2. General terms and conditions
Unless otherwise provided for by EUROKARDÁN in writing, these General Terms and Conditions (hereinafter: GTC) are inseparable part of any contract to be made with EUROKARDÁN Kft (hereinafter: EUROKARDÁN) for the sale and purchase, delivery, upgrading, maintenance, and manufacturing of cardan-shafts, cardan-shaft parts, complete retarders, retarder parts, flexible clutch parts (hereinafter: Products).
For any offer, contract and performance related to EUROKARDÁN Products the resale business partners must act subject to these terms and conditions. Any deviation from those set forth in this document is allowed only in form of a contract to be signed by each Party, any different specific or General Business Terms of Customer/Buyer is applicable only if EUROKARDÁN has given its written consent thereto. These GTC may be amended by EUROKARDÁN only in the framework of the relevant laws. The possible amendments have no effect on the contracts made so far (e.g. confirmed purchase orders). If any clause of GTC is incomplete or invalid by law, it does not result in the invalidity of the entire GTC, despite the invalidity of the invalid or incomplete clause the other clauses of the contract or the GTC between the Parties remain in effect and in lieu of the invalid or incomplete part an agreement of the Parties and the provisions applicable by law are deemed valid (partial invalidity). EUROKARDÁN has no Code of Conduct, which would be defined by the act about the prohibition of unfair trade practice against consumers.
Any amendment of the GTC is valid as of the date of publication at www.eurokardan.hu.
3. Execution of a contract
The quotations issued by EUROKARDÁN involve no obligation either for Customer/Buyer or for EUROKARDÁN. As soon as the product(s) is/are ordered by Customer/Buyer, a contractual offer involving obligations is established. The delivery contract can be made thereafter and only if the purchase order has been confirmed by EUROKARDÁN in writing (fax, e-mail etc.).
The prices without VAT (hereinafter Value Added Tax) and the prices and other charges of the pallets and/or other ancillaries used for packing of the products of EUROKARDÁN are included in the pricelist in effect at the time of the offer, unless agreed otherwise in the contract made by the Parties. The prices given there include the costs of uploading to vehicles at the site of EUROKARDÁN, which are set forth in the pricelist. The prices are only for information, and EUROKARDÁN reserves the right of the change of prices without restriction. The amount of VAT is according to the laws currently in effect in Hungary.
5. Action in case of a wrong price
Wrong price is a price in particular if it is significantly different from the well-known price of the products generally accepted or estimated and available on the market, or possibly appearing due to a system failure or mistyping, which may be published at www.eurokardan.hu. In case of a wrong price the purchase order (the offer of Customer/Buyer) cannot be accepted by EUROKARDÁN at the wrong price, and EUROKARDÁN is not obliged to sell the products at the wrong price. In case of an offer at a wrong price, no contract will be made between the Parties. Should Customer/Buyer make an offer at a wrong price, it is confirmed by the system automatically, but this should be not deemed an acceptance of the offer by EUROKARDÁN. For any offer (purchase order) by Customer/Buyer at a wrong price an employee of EUROKARDÁN will call the attention of Customer/Buyer to the correct price by electronic mail sent by the employee of EUROKARDÁN, or by phone – during reconfirmation – other than by automatically -, and this employee offers a contract at the correct price. Customer/Buyer is not obliged to reserve their purchase order and to conclude a contract at the correct price given by EUROKARDÁN in lieu of the wrong price. In this case no contract is made by and between the Parties.
6. Maintenance of ownership
EUROKARDÁN reserves its ownership for the sold products from any current and future receivables, as soon as the full purchase price thereof is settled. Customer/Buyer is not authorized to pledge the products delivered by EUROKARDÁN, or to sell them as a security. Customer/Buyer is authorized the sell the products during usual business course. Customer/Buyer will transfer the receivables from resale to EUROKARDÁN. This transfer is accepted by EUROKARDÁN. After the transfer EUROKARDÁN may collect the receivables from the third party, if Customer/Buyer fails to meet his payment obligations and is in default. For this case EUROKARDÁN reserves the right to collect the receivables. The products are processed by Customer/Buyer always on behalf of and for EUROKARDÁN. If during the processing the product is expanded with a material not owned by EUROKARDÁN, then EUROKARDÁN will be authorized to acquire the co-ownership of the new products in the proportion of the value of the products delivered by EUROKARDÁN. The same applies if the products are combined with any other products, which are not in the ownership of EUROKARDÁN. If a third party gets access to the products, such as by the seizure of the products, and any damage or destruction of the products, then Customer/Buyer must notify EUROKARDÁN thereof. If the purchase price of the products is still unsettled, and the products come into the possession of others, then Customer/Buyer must inform EUROKARDÁN immediately.
7. Terms of delivery
The terms/term (deadline) of delivery will be determined by EUROKARDÁN always in the confirmation in writing individually. If beyond the reasonable control of EUROKARDÁN the appointed subcontractor is not able to perform the delivery of the products, or is not able to perform correctly or in due time, or if unforeseen events hindering the service supply arise beyond the reasonable control of EUROKARDÁN (force majeure), which last more than 14, say fourteen calendar days, then EUROKARDÁN must inform Customer/Buyer immediately in writing. In such cases EUROKARDÁN is authorized to amend, to extend the terms/term of delivery, or to rescind the contract in whole or in part.
8. Purchase order
Customer/Buyer can place purchase orders in writing (by mail, e-mail or fax), or at the site of EUROKARDÁN in person, or by phone. For purchase orders placed on the basis of a specific agreement Customer/Buyer will refer to the contract number. Customer/Buyer must indicate on the purchase order, if they request the products delivered or by the acceptance at the site of EUROKARDÁN. EUROKARDÁN reserves the right to accept the purchase order for some products only subject to the payment of an advance or down-payment, the amount of which should be agreed in advance. EUROKARDÁN undertakes the fulfilment of the purchase orders only in a written confirmation.
If the purchase order of a product, which can be ordered only by a down-payment, is cancelled, Customer/Buyer will lose the down-payment, without the obligation of EUROKARDÁN for the repayment thereof, and EUROKARDÁN reserves the right also to claim its actual damage exceeding the down-payment. If the purchase order of a product of specific production is cancelled, Customer/Buyer will be obliged to pay a penalty of 30, say thirty percent of the amount of the purchase order. Customer/Buyer cannot rescind the contract concluded on the product(s) of specific production, they are obliged to pay the contractual purchase price for EUROKARDÁN. EUROKARDÁN is not liable for the correctness of any calculations, which have been compiled by Customer/Buyer in terms of consignments and material requirements. The dimensioning of the constructional materials and systems to be integrated is a task and responsibility of Customer/Buyer. EUROKARDÁN is not liable for any damage, which arise from any errors of Customer/Buyer. The manufacturer’s original (OEM) numbers of the component are for identification only.
9. Methods of payment, terms of payment
The e-mail confirming the purchase order, or the business letter in case of ordering in person – conciliation by phone in case of any amendment – contain any costs to be paid by Customer/Buyer. The invoice, if binding, the guarantee note (warranty note) and, if the purchase order is placed online, the summary of the purchase order are included in the packaging. The invoice issued by EUROKARDÁN is in compliance with the laws currently in effect. Invoicing is made at the price in effect on the date of performance. The invoice is deemed accepted by the Parties, provided that Customer/Buyer submits no objection against it in writing within 3, say three calendar days of its receipt. EUROKARDÁN informs Customer/Buyer that in case of any of the methods of payment listed below Customer/Buyer may request the invoice in form of an e-invoice so, that Customer/Buyer should give his e-mail address prior to/upon invoicing, to which e-mail address the e-invoice is sent by EUROKARDÁN in a certified manner in compliance with the laws currently in effect. EUROKARDÁN informs Customer/Buyer also that the acceptance of the e-invoice is a right but no obligation on the part of Customer/Buyer. Should Customer/Buyer refuse the acceptance of an e-invoice, or should fail to give an e-mail address, the invoice will be personally delivered by EUROKARDÁN to Customer/Buyer, or it will be sent to him by mail or by a courier service not later than the time of the delivery of the ordered product for Customer/Buyer.
Methods of payment:
Transfer: EUROKARDÁN allows payment by transfer in HUF or EUR currency. Unless agreed otherwise, the term of payment by transfer is 8, say eight calendar days of the date of the issue of the invoice.
Cash on delivery (COD): Customer/Buyer can opt to pay the total price of the product(s) for the delivery of the ordered product(s) by a courier, at the same time as the receipt of the product(s) in person in cash to the courier, including the due charges of packing and delivery.
Pre-payment by transfer: Customer/Buyer may to pay the products by pre-transfer as an advance or as full amount according to the advance request form issued by EUROKARDÁN. The amount of the advance or the full amount will be invoiced for Customer/Buyer on the date of its crediting on the bank account of EUROKARDÁN in HUF or EUR currency.
Pre-payment in cash on the spot: EUROKARDÁN allows the payment of the products as an advance or as a full amount according to the advance request form issued by EUROKARDÁN in cash at the site of EUROKARDÁN (H-9027 Győr, Puskás Tivadar street 8.) in HUF or in EUR. The amount of the advance or the full amount will be invoiced in HUF or in EUR on the date of payment into the cashier’s office of EUROKARDÁN.
Payment in cash on the spot: Customer/Buyer can opt to pay the products in cash at the time of personal acceptance of the products, or prior to delivery at the site of EUROKARDÁN (H-9027 Győr, Puskás Tivadar street 8.) in HUF or in EUR.
Terms of payment:
Customer/Buyer must pay the price of the products until the deadline given in the invoice. In case of late payment Customer/Buyer must pay interests for default to an amount set forth in the Hungarian Civil Code (hereinafter: Ptk.). EUROKARDÁN is authorized to claim any justified expenses, which arise due to an infringement or default by Customer/Buyer, against Customer/Buyer. In case of any payment difficulties of Customer/Buyer they must return the products to EUROKARDÁN at their own expense and to refund the depreciation. Customer/Buyer agree that if they are in default of payment for more than 30, say thirty calendar days, an agent of EUROKARDÁN will have free access to the construction site, site, or delivery address of Customer/Buyer for the purpose of returning of the products, and to return the products at the expense of Customer/Buyer. If the credit line of Customer/Buyer is exceeded, or in case of their default of payment or of any doubt as to their intention or ability for payment EUROKARDÁN is authorized to suspend the terms of payment set forth in the contract, to stipulate a pre-payment, as well as to rescind the contract without proving the lapse of interest. In such case the claim of Customer/Buyer for damages is excluded.
10. Acceptance of the ordered products, performance
The products published at www.eurokardan.hu or stored in stock on hand at our site can be accepted in person or by door-to-door delivery.
- Acceptance in person: During opening hours (Monday – Friday: 7:00 – 15:20) at the site of EUROKARDÁN, as well as on weekends to prior agreement, excluding public holidays. In case of acceptance in person Customer/Buyer have no obligation for the payment of the delivery charges.
- Door-to-door delivery: The charges of delivery and packaging of the products will be indicated at the time of ordering, and at the confirmation of the purchase order, respectively. The door-to-door delivery is performed by the MPL/TNT courier services. If Customer/Buyer requests the door-to-door delivery of the ordered products, then EUROKARDÁN gives the contact details of Customer/Buyer for the courier service. By the acceptance of the Rules of Data Processing Customer/Buyer explicitly agrees that EUROKARDÁN transmits the data of Customer/Buyer to the courier service. The indicated delivery and packaging charges are variable depending on the changes of the current charges of the service providers or the supplier.
If EUROKARDÁN is bound to registration according to the Electronic Trade and Transport Control System (EKÁER) Customer/Buyer will give the date of receipt in writing, and the date, which is required by law in relation to the receipt.
If the place of receipt is the site of EUROKARDÁN for a carriage arranged by Customer/Buyer, the receiving person (hereinafter: Recipient) is the Customer/Buyer or a person appointed by it.
If the place of receipt is the given delivery address for a carriage arranged by EUROKARDÁN, the receiving person (hereinafter: Recipient) is the Customer/Buyer, but the products may be accepted also by an employee or agent of Customer/Buyer.
The products/items ordered by a delivery to be arranged by Customer/Buyer must be removed from the site of EUROKARDÁN within 2, say two calendar weeks of the date of delivery indicated in the confirmation of the purchase order. In case of delivered products Customer/Buyer must ensure that the place of receipt be securely accessible for a vehicle suitable for the proper transport of the products, irrespective of the weather, including the conditions of unloading. Prior to the performance Customer/Buyer must give the name of the persons entitled to the receipt of the products or the registration number of the transporting vehicle, or else Customer/Buyer cannot make any objection to the receiving person later on. In case of delivered products, if Customer/Buyer or his agent does not appear at the receipt at the agreed time, EUROKARDÁN will arrange for the returning of the products, and the costs of transport will be borne by Customer/Buyer. Customer/Buyer must inform EUROKARDÁN, if the access to the delivery address is subject to a permit (drive-in, weight limitation), and this permit must be obtained by Customer/Buyer. If the receipt of the products is not performed due to a default of the recipient – including the unsuitability for unloading and for access of the place of unloading, or the non-availability of the required permit – EUROKARDÁN will arrange for the returning of the products to the site of EUROKARDÁN, and Customer/Buyer must refund the costs of unsuccessful delivery. For any unjustified waiting of the vehicle due to Customer/Buyer downtime will be charged by EUROKARDÁN. Any extra charges arising from the not precise indication of the delivery address, the unsuitability of the drive-in road, tolls or weight limitations must be borne by Customer/Buyer.
The Recipient must check the products for quantity and quality at the time of receipt. The delivery note will be signed by both Parties after checking. For the packing of the products for delivery EUROKARDÁN will do its best in order to use materials, which adequately serve the protection of the products. The EUROKARDÁN pallets will be taken back in sound condition in the issuing factory, within 3, say three months of the issue against the presentation of the invoice of purchase, and the price of the pallets will be refunded with the deduction of the charges of use.
The risk of damage will pass to Customer/Buyer by the delivery of the products, if the carrier of Customer/Buyer removes the products as overweight consignment despite a notice by EUROKARDÁN, he must reimburse the damage therefrom for EUROKARDÁN.
11. Upgrading service / Acceptance of products for upgrading
If EUROKARDÁN has the conditions in place necessary for the performance of the requested upgrading service, then in case of the upgrading service the products (e.g cardan-shafts) will be examined by its technical specialist, who after the survey / error-recording will identify the necessary service and the demand for components on the relevant Request Form. EUROKARDÁN will inform Customer/Buyer in writing on the maximum service charge/remuneration foreseen – only for information – at the time of the ordering of the requested service and the expected deadline of the performance of the service. The Request Form including the description of the reported errors will be confirmed by both Parties – Customer/Buyer and EUROKARDÁN -, thereby concluding a Work Contract between the Parties. If the receipt of the products for the purpose of upgrading and maintenance takes place not at the same time as the request, EUROKARDÁN will issue a separate acknowledgement of receipt with the above contents. The first copy of the Request Form is for Customer/Buyer, which is also an acknowledgement of receipt for the products accepted for upgrading. After the completion of the ordered service Customer/Buyer will prove the rightfulness of the receipt of the products by the presentation of the Request Form for EUROKARDÁN.
The quotation made for Customer/Buyer is valid for 3, say three calendar days, if the products are not left by Customer/Buyer at the site of EUROKARDÁN, but these are operated further by it. EUROKARDÁN will not be bound anymore to the quotation and the quotation is no more valid even within the above deadline, if a change occurs to the products in comparison to the recorded condition (e.g. another failure).
If the service to be performed is expected to have an influence on the further usability, ability of performance or the method of use or period of use of the products, Customer/Buyer must be informed thereon. The information is an obligation for EUROKARDÁN also after the performance of the service.
If during the carrying out of the service EUROKARDÁN detects an unforeseen defect, which is not in relation to the ordered service, whether affecting the transport security or not, or if the detected defect is although in connection with the ordered service, but by the upgrading thereof the amount as the maximum price of the service becomes higher, then EUROKARDÁN must immediately notify Customer/Buyer of the detection of the defect and the charges of the relevant service. This work will be performed by EUROKARDÁN only upon a separate purchase order with a new deadline of performance, price and remuneration. Subject to the aforementioned if the upgrading necessary in terms of transport security is not ordered, EUROKARDÁN must indicate in writing at the time of the delivery of the defective products for Customer/Buyer that the integration of the products in a vehicle and thus the participation thereof in public road transport is not permitted, and this fact must be acknowledged by Customer/Buyer with signature in writing.
The removal of the defective products is the duty of Customer/Buyer, and EUROKARDÁN can render assistance against remuneration in this case. If the performance of the ordered service is prevented by any other unforeseen event – beyond those described above – (delay of product supply etc.), this must be reported by EUROKARDÁN to Customer/Buyer immediately, but before the expiry of the deadline at the latest.
12. Delivery of upgraded products
EUROKARDÁN will notify Customer/Buyer of the completion of the ordered service as soon as possible following the completion, but not later than 24 hours in a manner to be agreed in advance with Customer/Buyer (e-mail, phone, SMS etc.). Should Customer/Buyer fail to take over the products within 8, say eight calendar days of the notification of completion or if he fails to remove them from the site of EUROKARDÁN, EUROKARDÁN will be authorized to charge storage fee as of the 9th, say ninth calendar day until the date of removal, to an amount of 2,500.- HUF, say two thousand five hundred Forint +VAT for each calendar day. If Customer/Buyer or his agent fails to take over the products despite the notification of completion sent by registered mail with an acknowledgement of receipt, EUROKARDÁN will launch legal proceedings in order to claim the service and storage charges. EUROKARDÁN is entitled to legal lien for the products forming subject of the purchase order to cover the contracting fee and the expenses, thus EUROKARDÁN may withhold these until the full settlement of the invoice. At the same time as these GTC Customer/Buyer agrees that in case of the non-acceptance of the quotation for the upgrading of the items set forth in the Request Form, Customer/Buyer has 4, say four calendar weeks as of the date of the issue of the quotation to arrange for the removal of the delivered items. Following the expiry of this deadline EUROKARDÁN has no capacity for the storing of the delivered items, and therefore he will arrange for the destruction of these.
13. Manufacturing service / manufacturing of new products
If EUROKARDÁN has the conditions for the carrying out of the requested manufacturing service, then the relevant technical specification for the products to be manufactured (e.g. cardan--shafts) for this service will be agreed upon in advance with his expert, who will identify and enter the required service and the components in the Request Form in accordance with the demand of Customer/Buyer. The technical specification is subject to – among others – the completion of the technical data sheets, the technical survey on the basis of the approval of the technical drawing or model. Thereafter EUROKARDÁN informs Customer/Buyer in writing on the maximum remuneration foreseen at the time of the ordering of the requested service – for information – and the expected deadline of the performance of the service (Business offer). The Request Form will be confirmed by both Parties – by Customer/Buyer and EUROKARDÁN – with their signatures, whereby a Work Contract is concluded between the Parties. The first copy of the Request Form is for Customer/Buyer, which is an acknowledgement of the ordering of the manufacturing service at the same time.
On the basis of the Request Form / Purchase Order Form EUROKARDÁN commences the manufacturing, including the ordering of the necessary components, assembly, degreasing washing, colouring, conservation, control of the layer thickness, possible examination of welding seams (if required by the technology), final control, affixing of identification labels as well as quality control in accordance with the current standing manufacturing requirements and technical specifications, and the attachment of the accompanying technical and business documents. After the completion of the ordered manufacturing service Customer/Buyer will prove the rightfulness of the receipt of the products by the presentation of the Request Form for EUROKARDÁN.
If the performance of the ordered service is prevented by any other unforeseen event (delay of product supply, etc.), it should be communicated to Customer/Buyer immediately, but not later than the expiry of the deadline by EUROKARDÁN.
14. Delivery of new products
EUROKARDÁN will notify Customer/Buyer of the completion of the ordered service as soon as possible following the completion, but not later than 24 hours in a manner to be agreed in advance with Customer/Buyer (e-mail, phone, SMS etc.). Should Customer/Buyer fail to take over the products within 8, say eight calendar days of the notification of completion or if he fails to remove them from the site of EUROKARDÁN, EUROKARDÁN will be authorized to charge storage fee as of the 9th, say ninth calendar day until the date of removal, to an amount of 2,500.- HUF, say two thousand five hundred Forint +VAT for each calendar day. If Customer/Buyer or his agent fails to take over the products despite the notification of completion sent by registered mail with an acknowledgement of receipt, EUROKARDÁN will launch legal proceedings in order to claim the service and storage charges. EUROKARDÁN is entitled to legal lien for the products forming subject of the purchase order to cover the contracting fee and the expenses, thus EUROKARDÁN may withhold these until the full settlement of the invoice.
15. Complaints, warranty
The products must be checked for their quantity and quality at the time of the receipt, even with the opening of the wrapping, and any deficiencies, quality defects must be indicated on the delivery note, to be followed by the signatures of the delivering and receiving persons. If Customer/Buyer does not enter any defects in the delivery note, the performance is deemed perfect, and thereafter he may submit any complaints only for defects, which could not be perceived at the receipt and cannot be controlled. These latter complaints must be submitted immediately in writing with the attachment of the invoice, the delivery note, the statement of performance to the site of EUROKARDÁN, by the precise description of the defect, with photos of evidence, with the precise description of the claim for warranty. It is prohibited to integrate any product(s), which is/are subject to a quality deficiency, these should be made fully transparent and controllable for EUROKARDÁN. Extra charges, which can be led back to the integration of defective products, cannot be passed to EUROKARDÁN. No complaint is accepted, if it is based on a deviation from the features set forth in the information materials, provided that this is not detrimental to the value of use of the products. Payment withholdings based on a complaint – if the objection to quality is not well-grounded – are deemed a default of payment and they involve the relevant legal consequences.
Customer/Buyer is obliged to adhere to the instructions for storing and use, to the guidance for application technology. The photos of products inserted in catalogues and marketing publications are for information only.
EUROKARDÁN reserves the right to make any amendment to the sample products, which are displayed for the Customer/Buyer.
During any possible reselling Customer/Buyer is obliged to call the attention of the next Customer/Buyer/Consumer/Enterprise, for whom Customer/Buyer is selling, to the appropriate application technology.
By virtue of warranty EUROKARDÁN will take warranty for any deficiencies due to reasons of defects already existing in the product(s) at the time of purchase. EUROKARDÁN is deemed to have performed with default, if the product(s) is(are) not in compliance with the quality requirements set forth in contract or by law at the time of the performance. There is no faulty performance in place, if the default was known, or should have been known for the claimant at the time of the execution of the contract.
Based on a claim for warranty the claimant may at his option:
- request repair or replacement, unless the fulfilment of the selected right for warranty is impossible, or if it resulted in disproportionate extra charges for the obligor – compared to the fulfilment of another claim for warranty -, or
- request a proportional reduction of the price, can repair the defect at his own expenses or let it repaired by a third party, or can withdraw from the contract, if the obligor has not undertaken the repair or the replacement, he is unable to meet this obligation of him in due time without prejudice to the interests of the claimant, or if there is no interest of the claimant anymore for the repair or the replacement.
Insignificant defects do not give rise to withdrawal from the contract.
The claimant has the right to choose another right for warranty instead of the selected one. The expenses caused thereby must be paid by him for the obligor, unless this choice has been triggered by the obligor, or if the choice was otherwise justified.
Deadlines for the submission of a claim in case of warranty:
- The claimant must submit the defect to EUROKARDÁN without delay after the detection of the defect.
- In case of a contract between the Consumer and EUROKARDÁN any defects notified within two months of their detection are deemed to have been notified without delay.
As a general rule Customer/Buyer is obliged to prove that the reason of the defect was already there in the product at the time of purchase and the defect was caused other than through the improper use by Customer/Buyer. In case of a contract between Consumer and EUROKARDÁN it must be assumed, unless proven to the contrary, that the defect detected by the Consumer within 6, say six months of the performance was in place already at the time of the performance, unless this assumption is incompatible with the nature of the object or with the type of the defect.
The claim of Customer/Buyer for warranty has a term of limitation of one year as of the time of the performance, or in case of a contract between Consumer and EUROKARDÁN it has a term of limitation of two years. The term of limitation is without that part of the period of repair, during which the claimant is unable to use the object in a proper manner. For the part of the object, which is affected by the replacement or by the repair, the term of limitation of the claim for warranty will start again. Any expenses related to the fulfilment of the warranty obligation are borne by EUROKARDÁN. If a failure of the obligation of maintenance to be performed by Customer/Buyer has also contributed to the defect of the object, any expenses incurred by the fulfilment of the warranty obligation must be borne by Customer/Buyer to the extent of the said contribution, if Customer/Buyer had knowledge of the maintenance of the thing, or if EUROKARDÁN has met his relevant obligation of information.
EUROKARDÁN undertakes warranty for the product(s) sold by him for Consumer according to Government Decree 151/2003 (22.IX.) concerning obligatory warranty and warranty for certain consumer durables, as well as for the upgrading services carried out by him and for the components integrated during the upgrading according to Government Decree 249/2004 (27.VIII.) concerning obligatory warranty for certain services of repair and maintenance, under the conditions set forth below. A precondition is that the charge of the performed service (including VAT and material expenses) exceeds twenty thousand HUF. The term of warranty commences by the delivery of the products for Customer/Buyer or his agent/proxy following the completion of the service.
For products sold for Customer/Buyer the term of guarantee is 1, say one calendar year, whilst for upgrading services and for any components integrated thereby this term is 6, says six calendar months. If EUROKARDÁN fails to meet his guarantee obligation upon a notice of Customer/Buyer to do so – in due time -, then the claim for guarantee can be enforced before the court within 3, say three calendar months of the expiry of the deadline set in the notice, even if the term of guarantee has already expired. The non-observation of this deadline leads to the loss of rights.
Customer/Buyer can enforce the claim for warranty by the presentation of the invoice, acknowledgement received for the service, of the Request Form, as Warranty Note after the detection of the defect within the term of warranty.
No claim for warranty is accepted, if:
- the claim for guarantee cannot be enforced if the reason of the defect has emerged after the performance, typically due to an improper use or handling of the product by Customer/Buyer,
- the component to be integrated was brought by Customer/Buyer,
- the defect is a result of usual wear and tear,
- the adjustment is unsuccessful due to usual wear and tear.
The obligation of warranty ceases, if:
- Customer/Buyer does not arrange for the obligatory revisions and maintenances for the motor vehicle – in which the products have been integrated – at all, or other then at the time when the specified kilometre-limit is achieved,
- the upgraded part of the products is broken, altered, repaired, upgraded by other than EUROKARDÁN who is responsible for upgrading,
- the upgraded products have been damaged, destructed (in particular due to a natural disaster, or accident),
- the products were operated not in compliance with the manufacturer’s instructions, or not in a workmanlike manner.
- if the upgraded products are integrated into the motor vehicle not in a workmanlike manner.
If the purchase order is different from the best upgrading-maintenance technology used by EUROKARDÁN, the performance of the service may be rejected by EUROKARDÁN. If Customer/Buyer wishes to let an unworkmanlike service carried out, it can be carried out by EUROKARDÁN in emergency upon request of Customer/Buyer, provided that the defect affects components of the products, which are not detrimental to the safe operation of the products. In this case it must be declared that EUROKARDÁN is not liable for the performed service, and the performed service is detrimental to the further usability, capacity or the method and duration of use of the products. In this case the following must be indicated on the invoice:
„The upgrading was performed by us upon request of Customer/Buyer, by deviating from the technological norms, therefore we undertake no guarantee, warranty or liability for the performed service, and the products have also a limited usage. Customer/Buyer or his agent have taken away the products at their own risk!”
17. Settlement of complaints related to upgrading
The submitted complaint is addressed by EUROKARDÁN without any prejudice whatever, impartially. EUROKARDÁN undertakes guarantee for the service performed by it by the completed and undersigned Complaint Registration Form and the invoice issued by EUROKARDÁN, as warranty note in accordance with the Government Decree 249/2004 (27. VIII.) about obligatory warranty. Customer/Buyer can enforce his warrant claim by the presentation of the invoice. Any complaints, quality objections to the performed service must be submitted by Customer/Buyer orally or in writing.
Oral complaints are examined by EUROKARDÁN immediately and remedied, as appropriate. Should Customer/Buyer not agree with the management of the complaint, or if the immediate examination of the complaint is impossible, EUROKARDÁN will draw up minutes on the complaint and his relating position immediately, by delivering a copy thereof – for complaints communicated in person – to Customer/Buyer on the spot, or – for oral complaints communicated by phone or by any other electronic communications services – by sending this copy for Customer/Buyer no later than at the same time as the substantive response, otherwise by acting as usual for written complaints. If the complaint made orally cannot be settled on the spot, then Customer/Buyer should fill in the complaint register form placed on the site, in the customer service premises of EUROKARDÁN. The completed form must be handed over to the Manager/Service Manager. Written complaints will be followed by a response by EUROKARDÁN within 15, say fifteen calendar days of receipt on the merits in writing, with the arrangement for its communication. If the complaint is well-grounded, it will be settled by EUROKARDÁN in accordance with the rules of warranty. If the complaint is rejected, EUROKARDÁN gives the reasons thereof in writing.
Customer/Buyer can claim with a copy of the invoice within the warranty period:
- the upgrading of the defective or deficient service and the related defects free of charge, or
- the pro rata reduction or repayment of the fee already paid,
- the reimbursement of the damage and proven costs, which have incurred by Customer/Buyer by the defective performance.
The service is deemed defective, if EUROKARDÁN has provably not performed the defects detected during the complaint registration and the ordered service, or not in compliance with the purchase order and the relevant laws, by having charged, however, the price of the service in the invoice, and this was paid by Customer/Buyer in full.
The service is not deemed defective, if EUROKARDÁN has detected such defect by the opening of the products (or after the commencement of the upgrading service), which was not identifiable at the time of the registration of the defect, and Customer/Buyer has not ordered the upgrading/upgrading service of the defect, which was made known for him subsequently, from EUROKARDÁN.
EUROKARDÁN will draw up minutes on the outcome of the examination carried out for the complaint, where both Parties give their observations. In case of disagreement, or if there is a dispute between Customer/Buyer and EUROKARDÁN in connection with the quality of the service, in particular for a substantial technical issue in relation to the method of upgrading, Customer/Buyer can apply to the following bodies:
- settlement of disputed technical matters: National Transport Authority
- settlement of quality technical disputes: ÉMI-TÜV SÜD Minőségügyi és Biztonságtechnikai Kft – KERMI Department
- for complaints of consumer protection: National Authority of Consumer Protection
If a component brought by Customer/Buyer has a latent defect, EUROKARDÁN has no liability whatever.
18. Privacy Statement
By the undersigning of the GTC Customer/Buyer accepts the Privacy Statement of EUROKARDÁN. By the signing of the Complaint Registration Form Customer/Buyer agrees that the data of Customer/Buyer connected with the purchase order be recorded, stored and used for calculation and documentation concerning the purchase order by EUROKARDÁN in accordance with the Act CXII of 2011 (hereinafter: Infotv.). EUROKARDÁN will use the personal data of Customer/Buyer only for a particular purchase order (invoicing, communication due to the current purchase order), without sharing these information and data with any third parties, unless Customer/Buyer gives his consent thereto. Exceptions are the mandatory data supplies arising from the current legal regulation (for compliance with governmental authorities, summons, judicial decrees etc.), and the invoicing, as well as data transmission for the purpose of transport.
In possession of the personal data of Customer/Buyer EUROKARDÁN may send newsletters /marketing materials for Customer/Buyer, in which case Customer/Buyer may ask for the discontinuance of sending these items for him. EUROKARDÁN processes the data of Customer/Buyer to an extent corresponding to the provisions of the law, and Customer/Buyer may request the erasure of his data from the EUROKARDÁN system. For the safety and security of the information EUROKARDÁN will take any reasonable action, by handling the personal and non-personal data obtained by him in a confidential manner, for which the obligation of secrecy is applicable, too. The access to the data is strictly limited in order to prevent unauthorized access, the alteration of the data or the unauthorized use thereof.
The General Terms and Conditions may be amended only in writing, and EUROKARDÁN is obliged to inform Customer/Buyer on the amendment in writing. Written information is also the information rendered by email or the publication at www.eurokardan.hu. These GTC are made in Hungarian and in English. In case of any contradiction the Hungarian version is prevailing and for these GTC the Hungarian law currently in effect is solely applicable, unless otherwise agreed by the Parties in a separate contract. For disputes, if any, the Parties strive for amicable settlement by way of negotiations. If this remains unsuccessful, the Parties submit themselves to the exclusive jurisdiction of the competent court with seat in Győr.
The General Terms and Conditions having been in effect since 18 May 2018 become invalid as of the date of this document.