1. Scope of General Terms and Conditions
1.1
Provisions of this contract must be applied for goods and services traded by KM Par-Ker Limited Liability Commercial Company, registered at Court of Budapest, as Court of Registration, with trade registry number: Cg.01-09-671262 (registered office: Hungary, 1047 Budapest, Baross u. 92-96.; tax registration number: 12372814-2-41), and for all contractual relationship established in this circle between Supplier and Customer (hereinafter reffered to collectively as Parties).
1.2
Departure from the provisions of this contract can solely be made according to a separate written agreement concluded by Supplier and Customer.
2. Contract Takes Effect
2.1
This contract takes effect if Supplier comfirms Customer’s written or oral order in writing (by fax, email or mail) (in Supplier’s headquarters, premisses or business premisses) and pays the deposit defined in article 8.2. in advance or in case of direct warhouse sale confirms it orally and pays for it.
In the latter case, bill substitutes written confirmation.
2.2
Distinct acceptance of the offer by Supplier, or confirmation is considered a new offer which must be accepted by Customer. Receipt of payment and/or payment of consideration (Purchase Price) of goods means acceptance of the offer.
2.3
In case of bidding, the validity period of the tenders is 30 calendar days.
2.4
Customer acknowledges if goods ordered from Supplier are not in stock Supplier orders those goods individually, in this case Customer cannot modify the order unilaterally or desist after Supplier’s confirmation.
3. Purchase Price
3.1
Given purchase prices of goods – if Parties didn’t fix it differently in writing – are valid in case of acceptance on Supplier’s premises at Hungary, 1047 Budapest, Baross u. 92-96.
3.2
Prices, drawings, illustrations, dimensions, weights or other data published in Supplier’s offers, price lists or other publications are for information only.
3.3
Supplier can modify Purchase Price unilaterally after confirmation of order if
a./ legislative or regulatory provisions make it reasonable
b./ fact, circumstance or event occurs after conclusion of the contract which could not be anticipated even by the most careful mercantile circumspection
c./ at least 30 days elapsed between the contract and performance and within this period and Hungarian National Bank devaluated Forint exchange compared to Euro or convertible currency by more than 10 %.
3.4
In case Suplier unilaterally changes prices at least of 10% as it is set out in article 3.3, Customer is entitled to rescind the contract but in this case is not eligible nor for direct nor for indirect compensation from Supplier.
4. Place, Time and Method of Performance
4.1
In case of sale is performed according to this contract place of performance is Suplier’s place of business, located at Hungary, 1047 Budapest, Baross u. 92-96., or in case of article 4.5 it is the shipping address specified by Customer.
4.2
Supplier pieces together and delivers the goods to Customer on a date agreed and fixed in advance (by phone, e-mail, fax) on due day or before the deadline. Qualitative and quantitative receipt of goods takes place upon delivery in accordance with article 6. Suplier is entitled to advanced and partial delivery.
4.3
Customer – unless Parties agreed otherwise – is bound to take care of delivery of goods. Time of performance is the time when goods are received.
4.4
If Customer delivers goods on its own means of transport, or with a carrier ordered by him, Customer is bound to provide loading on vehicle and transportation at its own expence and responsibility. Customer is bound to provide means of transport on the specified delivery date in opening hours for loading the goods.
4.5
Parties may also agree that Supplier delivers goods to address indicated by Customer for a freightage in addition to Purchase Price and Customer shall pay all other incurring cost (loading, vehicle entry permit etc.). In this case, the place of performance is the shipping address specified by Customer. And the time of delivery is the time of receipt by Customer or its authorised representative. Receipt shall be recorded with date, sign and stamp on the delivery note. All-time valid price quotation includes freightage.
4.6
If Customer fails to collect goods within 8 calendar days after expiration of agreed completion date Supplier preserves goods at the expence and responsibility of Customer charging extra storadge. The amount of monthly storage payable is 3 % of the net value of the untaken goods according to the order (if invoice is issued according to the one figuring on it) for each mounth commenced. In this case time of performance is the starting date of storage.
4.7
If Customer’s delay for taking the goods exeeds 30 days, Supplier is entitled to withrow from this contract, to take the goods back, and to sell it to a third party, and then settle with Customer financially.
4.8
Customer acknowledges that Supplier can act the part of agent in its commercial activity, so delivery times specified in the contract in respect of these goods are for reference only, Supplier is not liable for potential delay if the delay is due to its supplier.
4.9
Payment of the full amount (100 %) of the Purchase prise to Supplier – in lack of different written agreement – is a requirement for the transmission of goods.
5. Service of Construction
5.1
Prior to starting the installation Supplier or its authorised representative verifies if the area is suitable for the installation of goods. Makes sure if the proper preparation happened, placement of waste generating during the installation is provided, and all factor affecting safe work are at service.
Supplier – if there was no on-site visit – can refuse the task of demolition, installation, if on the site finds conditions that are incompatibles with civilized and satisfactory work from the viewpoint of safety and health aspects as well, or phisically cannot reach working area, or wasn’t expected at the agreed time.
If any of above conditions occures, he does not take over the working area, and makes a written record of it indicating the reasons.
Please note that Supplier does is not responsible for static estate of location and potential damage to the building arising during or after the demolition and installation process.
5.2
After performing the service ordered – in addition to article 6 – Parties make record of delivery. Prior to signing the record of delivery Supplier is bound to verify the quantity and quality and undamaged condition of built-in structures, components and accessories. Customer signs the record after reading it through, thus confirming good quality performance of work and the its receipt.
After signing the record of delivery Customer has no possibility to make Supplier aknowledge deficiencies.
5.3
If Customer in course of the delivery process demands Supplier to complete or repare it has to be indicated in the record of delivery. In this case Supplier is bound to make up for deficiencies and correct the potential errors in 10 working days.
If the built-in goods are form foreign supplier then the aforementioned deadline is extended with the duration of delivery – but not more than with 15 working days.
After potential corrections the delivery process has to be repeated according to article 5.3.
5.4
Customer is bound to take over flawless goods and their installation and settle it financially.
5.5
During installation supplementary or complementary – not fixed beforehand in the contract – work is only available after consultation with Supplier. After consultation agreement must be recorded in writing.
Customer is not allowed to consult with Supplier’s subcontractor or employee performing the installation in connection with supplementary and complementary works. Supplier does not recognize the coming into existence of such or similar agreements.
6. Quantitative and Qualitative Acceptance
6.1
Place of qualitative and quantitative receipt is the place of performance specified above in articles 4.1 and 4.5. During the takeover Customer or recipient is bound to check the integrity of original packaging, and take over the packages and goods by number.
6.2
Customer is only entitled to deny the receipt of goods or return them in case of written agreement concluded with Supplier or in case of Supplier’s faulty performance.
7. Quality, Warranty, Guarantee
7.1
Supplier certifies the quality of goods with certificate of quality, and hands instructions, user manual, – in case of waranty- commercial warranty to Customer. Supplier warrant that the goods are suitable for the intended use, are of usual good quality and meet the standards agreed upon in the contract and/or EU standards.
Proper use of warm covers means laying them to maximum of 2% humidity , above + 15 C°stand and in places of above + 18 C° air temperature and of 50%-55% of humidity then after usage with the observance of above mentioned data required.
7.2
Supplier is bound to make a record of the damaged packaging or goods at the location of delivery apt for enforcing its claim against freighter and must make the freighter sign it at Supplier’s headquarters or on its premises or in case of delivery on business premises with the person handling over the goods. If Customer fails to do it, Supplier is not responsible for arising qualitative, quantitative errors or damage.
7.3
In case of quality complaints Supplier according to its own decision replaces the defective goods or grants a reduction on them. Supplier’s accountability does not expand to loss of profit and consequential damages due to quantity or quality error.
7.4
In case of buying lower-value/discounted (injoured) goods Customer cannot make quality complaint. Supplier excludes liability under Cc. 314. §.
7.5
Supplier is responsible for product liability under Act X of 1993.
8. Terms of Payment
8.1
Customer is bound to settle Purchase Prise in cash or by transfer in the way it is indicated on the confirmation of order or on the offer to the date indicated on the invoice.
8.2
Unless agreed otherwise Customer is bound to pay 50% of the Purchase Price to Supplier (Advance Payment) within the time-limit indicated on the invoice issued, which is at the same time the premise of contract according to article 2.1.
8.3
Customer – in case of relative specification is made – in case of withrowing after confirmation of order is bound to pay cancellation fee (Cc. 319. § (2) ). The amount of the cancellation fee is an equivalent of 50% of the Purchase Prise. Supplier is entitled to count cancellation fee in Advance Payment.
8.4
Customer is only entitled to count in any of its claims as consideration by right of legally binding sentence.
9. Payment Delay
9.1
In case of default in payment Customer is bound to pay default interest for the period from the day after the due date indicated on the invoice until the Purchase Prise has been fully paid up. The default interest rate is the amount of the base rate preceding the last day of the calendar term affected by default payment plus 7%.
9.2
It is for the settlement of default interests, then for the settlements of the principal of the latest expired claims for what Supplier uses Customer’s installments.
9.3
In case of Customer’s default in payment , discounts or other preferences provided by Supplier become unavailable and Customer is bound to pay off the full Purchase Price, and full debt to freighter becomes due immediatelly, and Supplier is entitled to unilaterally modify previously defined frame payment terms. This right is also entitled to Supplier in case of Customer’s insolvency, or inasmuch as there is an act of bancruptcy or winding-up proceedins against Customer, or if in case of acting as default on earlier orders.
9.4
In case of Customer’s default in payment Supplier is entitled to stop or suspend further deliveries and it does not qualify for breach of contract. Supplier may require the receipt security interest or prompt cash payment for starting further deliveries.
9.5
If Customer does not prove within 15 days after the due date figuring on the invoice to Supplier with invoice in connection with the goods indicated on the invoice or their offset, then order is considered as accepted by customer and Supplier’s claim as acknowledged and as undisputed. In this case, in case of Customer’s default in payment Supplier is entitled to assume Customer’s insolvency.
9.6
Supplier in case of more than 15 days of Customer’s default in payment Supplier is bound to provide proof of paying the Purchase Prise within a time limit defined in Supplier’s claim relating to it. In case of failing to do this Supplier is entitled to withrow from contract. According to the rules of secondary liability, Customer’s representative signing this contract takes responsibility personally for Customer’s outstanding debt.
10. Reservation of Title
10.1
Supplier mantains ownership related to the product until full offset of Purchase Price and its potential affixes.
10.2
Customer cannot alienate, cannot debit the goods until the Purchase Price has been fully paid up, cannot install them and cannot process them. In case of processing and instalation of goods affected by reservation of title right of choice is entitled to Supplier as owner (Civil code 133 § 3. ). In case of merger joint ownership arise (Civil code134 §.). Customer according to this contract assigns to Supplier the amount corresponding to Supplier’s share from sale of joint ownership.
10.3
If Customer purchases the goods for the purpose of resale, is bound to take care of the proper storage of the goods. During the period of the reservation of title Customer is liable for the loss, the destruction of the product or for any damage in its consistency. In this case Customer is bound to conclude property insurance covering Supplier’s products also.
10.4
In case of more than 15 days of default in payment Supplier or its authorised representative is entitled to transfer products delivered under reservation of title from Customer’s headquarter, premises, branch office at the expence of Customer. Customer’s debt decreases by the delivery price of the products, but icreases by the costs of the transport.
11. Vis maior
Parties are exempt from full or partial fulfillment of their contractual obligations if performance fails through uncontrollable, unpedictible and unavoidable obstacle (vis maior). For example – but not exlusively – the following can be considered as vis maior: Wars, revolutions, strikes, embargoes, natural disasters and events (fire, flod, earthquake etc.). In case of Vis Maior the Party affected by the obstacle occured is bound to inform other Party about causes and expected duration in writing as soon as possible.
12. Transfer of Rights
Parties can only transfer their rights and obligations under the scope of this contract to a third person with the previous consent of the other Party.
13. Aplicable Law, Disputes
13.1
Regarding questions not regulated by this contract, Hungarian law, especially provisions of Civil Code is aplicable.
13.2
In case of dispute between Parties according to 41. § (1)-(3) Parties subject themselves to the exlusive jurisdiction of Pest County Court.
14. Guarantee
In the list below we discuss the subject of guarantee issues in the light of the official attitude of our company, its manufacturing standards, natural conditions, processes.
14.1 Natural Variations
Wood is a natural material, there are no two uniform of them. It means, that there are differences even within the same quality category, in colour and in vein. The differences in colour may appear later, which is due to the natural maturation of the wood. In general we can say that every wood mature which results in change of colour. For example UV light and sunlight can cause the wood to change colour therefore change of colour due to natural processes is not subject of warranty. Depending on the type of the tree, minerals, inclusions, knots, grain variations belong to the tree, so they are natural features of the tree, not failures.
We cannot guarantee minor diferences in different elements of parquet floors, or between the colour samples and the colour of the placed parquet floor. Please check the colour of parquet floor before placing it, but colour differences between parquet floor elements and/or previously provided colour samples are not subject to guarantee.
14.2 Improper Treatment or Care, Maintenance
Improper storage, treatment, transportation or installation are not subject to guarantee. The appearance of parquet floor depends greatly on its placement. Therefore parquet laying has to follow description manual’s advice exactly, which can be found on our webpage as well. It is not allowed to lay them in the bathroom, in wet places, or in shower. It immediately terminates the possibility of guarantee.
Improper preparation of stand and its deficiencies, the concrete base, foundation extending by itself, ceiling, flooring boxes, installation and building deficiencies potencial contaminations, colour differences, level differences, ruptures, gaps are not covered by guarantee. Use of sealants, glass cements, pointer materials, during or after the placement of wood flooring is considered normal, therefore are not covered by guarntee.
Taking care and maintenance must follow exactly the care/maintenance instructions, damages arising from not observing them are not covered by guarantee. If someone uses other material for daily or occasionnal care and cleaning violates the instruction, so it is not considered as appropriate use and is out of warranty reasons. Not recomended oils, oil soaps, amonia and acid based cleaning supplies, are also considered as improper care and maintainance so there is no guarantee for this. Too much water for mopping, and problems caused by their accidental spilling are also out of scope of guarantee.
14.3 Improper Use
Those panels, that are deposited somewhere else than a flat used by the owner and his tenant, are automatically out of scope of guarantee. As it is almost natural, we do not assume the responsibility for guarantee after any kind of injury that originate from improper use, fault, accident or intentional causes because these are out of manufacturer’s responsability. The guarantee does not apply to scratches caused by footwear, high -hilled shoes, wheeled chairs, furniture move, suitcases, cleaning equipments, and their parts, or other heavy, sharp or pointed objects, tools, equipments, pits caused by falling objects. Decrease in the light of surface treatment, tiny scratches of gravel traces, sogy materials, animals, insects, structural movement or any other injury is not a garantee issue.
14.4 Environmental factors
The manufacturer and supplier cannot be held responsible if environmental changes occur compared to ideal conditions needed for placing the flooring. This ideal state means 18-27C° temperature above flooring, stand, not less than of 2% of humidity 50-55% relative humidity. Different temperature low, or high humidity, or quick not steady changing means extreme environmental factor what guarantee does not cover. The guarantee does not apply to humidity coming from walls, pipes. Concerns caused by higher humidity than ideal 50-55% relative humidity (which can be caused by storm, closeness of water, natural disasters, flod, frequent use of water, too many plants etc.) inside the flat are not guarantee issues. The same is true for issues caused by draught, caused by too much airing, desert, natural desaster, sandstorm, plants, lack of humidification are not issues coverd by guarantee either.
14.5 Direct Sunshine
As described in the first chapter, as a result of the sun, wood and surface treatment change colour. If in our flat strong or direct sunshine, or UV light reaches some parts of our flooring, and others less, there can be fading, alteration of colour for which we cannot provide guarantee. Use blinds or shield system, in order to stop Sun’s harmful UV radiation.
14.6 Conversion/Repair
Guarantee of KM Par-Ker Ltd does not apply to placement of unprocessed parquet by other tailer, to errors caused during surface treatment, and to errors caused during grinding, surface treatment, renovation, or repair of surface-treated parquet. Parquet reoiling, and problems occuring during relacquering, deficiencies, optical errores, injuries, are out of guarantee scope too.
14.7 Used Floor
In case of replacement, repair of used floorings, repair of old floorings and their surfaces, floor leveling are not our guarantee responsibility and cost, nor any expence in connection with any work. Our guarantee is only valid for parquetries purchased by the end user of sound and original packaging, if somebody sells or migrates parquetry, looses the guarantee. All guarantee is lost if the flooring laid, or the place where it is laid, is sold or given away. Guarantee is not valid if parquetry is laid in private home and later it is declared, formed or used as an office, store or other community or public establishement.
14.8 Errors and Failures Caused by Other Manufacturer’s Product
Problems caused by floor leveling errors, defaults, lack of protection on furniture’s leg with felt, lack of using protective cover when bigger furnitures are moved on the parquet floor, legs of wheeled chair also cause errors there is no guarantee for. Potential noises, e.g. cracking or creaking which can be traced back to reasons that are non manufacturing defect, are not guarantee issues. Use of beech, maple, wenge, alder and other wood type having similar expansion factor in places heated with radiator or floor heating are out of scoope for our guarantee conditions.
14.9 Particularities of Parquet Floors
Our company produces two main types of marquetry parquets. It is possible – in case of the one glued to a net – that its glued nets stick together because of the heat, in this case dropping it gently on the concrete or by knocking we can separate the elements of the parquet. If we strain or throw it off raughly the parquet can get damaged. When taking it apart, before laying them, some parquet elements might fall out of its place, they should simply be reinserted to their place just like the pieces of a puzzle. Parquet panels sticked to the net may have gaps per item before surface treatment so they always must be polished together and must be sealed before surface treatment. The properties listed above are all natural properties of the parquet, so they are not issues of guarantee, and not interchangeable.
The surface of our laminated parquet floors can be treated, or not treated. The panels put next to each other can stand out a little bit, which can be solved with polishing and sealing. If the parquet floor elements are bent then it is not a guarantee problem as they should be weighted and then glued. In case of our surface treated parquets small gaps can appear between the elements, which draw the outline of the panels. It’s a natural phenomenon and not a guarantee issue.
Mistakes can occur everywhere, but if you are experiencing a structural issue, then let us know prior to laying the parquet floor because before and during the deposition both owner and technician have to make sure that floor covering element is sutable for laying. If someone places a parquet floor with it demonstrates that the quality of parquet floor is adequate therefore we do not acknowledge the complaints as guarantee issue which were noticable at laying but were not properly indicated (in writing also) in order that our company can solve them.
What to do in case of experiencing problem?
As manufacturer, we want our Customers to be satisfied with our products. In case of experiencing guarantee issue, first call the store. They can answer your questions, and if it is necessary they can send us report of the error. If the problem can be found in the above list, then there is no possibility for repair or replacement under guaranee. If error is subject to guarantee we treat again, lacquer or oil your parquet, in order to get a similar result to the other panels, or we replace the faulty panel, this is a choice of our company. If we cannot fix the error after several attempt we refound the price of the faulty furniture part. If your floor was layed down by a professional but not from our company, then we reimburse the avarage covering price for the damaged flooring section if error was reported in the first 5 years of guarantee period. These guarantees do not apply for replacement, taking-out, moving, logistics, covering, storage costs of furniture, built-in furnitures, or other objectes of virtu that need to be temporarily put aside during the repairs.
1st March, 2011 Budapest
Management of KM Par-Ker Kft.
