Conditions of Contract
The general conditions of contract of TooLaser
The purpose of the general conditions of contract is to give information about the contractual practice of TooLaser Ltd. in advance, and determinate all the conditions of contract that would be part of concrete contracts if the contracting parties did not dispose. So these conditions must be considered as guiding principles in special cases. It is the reason for why the general conditions of contract become the part of all the contracts that are signed by the TooLaser Ltd. as a supplier.
1.1 The present sales conditions are valid for all the delivery of customers of TooLaser Ltd., and affect all the deals in the future even if they are not stressed.
1.2 All the oral agreement and supplementary provisions that do not match with these present conditions, especially the customers’ general encashment conditions are valid just if they are approved in writing.
1.3 The contract can be considered valid, if the contract is signed in writing and it unambiguously shows the manifestation of the contracting parties, so all the relevant documentations are totally accessible for both of the partners.
1.4 After an agreement has been reached, the customer can forego the contract just in special cases, the reason must be inevitable and it must be proved. In this situation the customer is obliged to pay a compensation for the TooLaser Ltd. for the preparations, for the transports occurred, and for all the services that were taken advantage of.
1.5 The proposal itself does not mean contract obligation. The information published in different professional publications, on events or on educational programs are not qualified as a concrete offers.
2.1 The time of the deliveries are discussed with the customer without obligation. The TooLaser Ltd. reserves the right of part delivery.
2.2 The given delivery deadlines always mean the time of delivery out of the depot. The delivery deadlines are valid from the arrival of all the relevant documents and devices. The vis maior and other unpredictable difficulties exempt TooLaser Ltd, and its subcontractors from the obligation of the delivery deadlines.
2.3 The customer’s demands for special delivery methods, such as express delivery, urgent delivery, and its extra costs must be paid by the customer. These customers must inform the company about the special demands in advance. The delivery obligation is considered to be completed when the product leaves the depot of TooLaser Ltd. or in case of the product is picked up by the customer, when the TooLaser Ltd. announce that the product is ready to delivery.
2.4 After the transaction the customer takes the risk of any damages even if the delivery is free of charge.
2.5 The transaction must be proved with a consignment note.
If the TooLaser Ltd. does not announce any changes in writing, the prices must be taken as net prices. All the additional expenses such as delivery, insurance, and other permissions must be paid by the customer. The customer is obliged to pay all the taxes, additives and duties.
4. Payment conditions
The invoices of TooLaser Ltd. must be paid within the next 30 days from the date of issue without any deductions. In case of default, the TooLaser Ltd. is entitled to get a default interest, what is the double of the central bank’s base rate of interest. Customers are not entitled to compensation claims against their obligation charges without the approval of the TooLaser Ltd.
If the customer is not fulfilling its payment obligation, TooLaser Ltd. is entitled to demand its open claims even if the contracting parties agreed on different payment conditions. In case of exceeding the payment goal, the accomplished payments are always assigned to the latest invoices
5. Place of fulfillment, judicial competence
The site of payments and deliveries is the residence of TooLaser Ltd., H-8000 Székesfehérvár, 22. Mandula Street.
The TooLaser Ltd. is making direct discussion in controversial issues – even in technical or economical– with its contracting parties. The main aim of it is to find a suitable solution for both of the business partners. If the problem cannot be solved peacefully the judicial proceeding can be started at the Court of Székesfehérvár. The Hungarian laws must be used in every case.
6. Warranty and compensation
The company must be informed about all the deficiencies immediately, or at least within 14 days after the takeover of the products in writing. Later complains are not accepted. The return of the products to TooLaser Ltd can be done only with the written approval of TooLaser Ltd. If the customer or a third person makes any subsequent changes in the product, the warranty obligation of TooLaser Ltd. comes to an end. In case of delivery deficiencies the the TooLaser Ltd. makes replacement or the subsequent repairs. If the replacement or the subsequent repairs are unsuccessful, the customer can ask for price reduction or changes.
The warranty is not valid for the natural attrition, or in case of inappropriate usage. The warranty or guarantee obsoletes in 6 months after the takeover. The company is not responsible for the further problems. The TooLaser Ltd is not responsible for any other damages, especially because of the product liability policy.
7. The maintenance of owner’s right
7.1 The TooLaser Ltd. maintains the owner’s right of all the delivered products while its price is not paid totally.
7.2 The delivered products that’s ownership is maintained by TooLaser Ltd. cannot be sold by the customer without the written permission of TooLaser Ltd., the customer is not even entitled to put these products in pawn.
8.1 The TooLaser Ltd. requires discretion of its contracting parties in every case. If the contracting partner is not a natural person, the discretion is required of all the employees of the contracting company. It is the legal entity who is responsible for its employees’ secret-keeping.
8.2 Making additional, supplementary changes in the contract can be done only with the written approval of TooLaser Ltd.
8.3 If one or more points above are not valid, it does not have an influence on the validity of other points.
8.4 This general sales conditions are valid, if the contract is signed, and the TooLaser Ltd. did not accept the customer’s general conditions of contract in writing.