General terms and conditions
General Terms of Business apply to Mod Zrt. and its Partners, unless agreed otherwise by the parties in writing. Partners’ business conditions may apply to Mod Zrt. if agreed by the parties in writing.
Contracts are concluded by a written confirmation of order by Mod Zrt., or latest when the shipment is accepted by the Buyer. Mod Zrt. is entitled to recede from the contract in case it learns about verified facts of the Buyer’s insolvency. Mod Zrt. is entitled to partial delivery and billing thereof. Announced dates of delivery are only indications, and are subject to the performance of suppliers and contractors, as well as of other unforeseen circumstances. Consequently, Mod Zrt. assumes no responsibility for damages arising from shipping delays, unless the parties have agreed otherwise in writing. If Mod Zrt. is delayed in shipping the item as compared to the pre-announced shipping date, the Buyer may recede from the contract with an exclusion of other claims. Items may be picked up by the Buyer personally at the address provided. Mod Zrt. will ship the hardware equipment and software products as itemized in the contract. Parties may stipulate in the contract that Mod Zrt. perform assembly and installation for a fee described in the contract; else, installation is the responsibility of the Buyer.
Testing and the passing of risks
It is the Buyer’s responsibility to check that the warranty certificate and the item is inconformity and there are no deficiencies. In this respect, Mod Zrt. does not accept complaints unless it is submitted in writing at pick-up. It is not allowed to reject the shipped item for minor deficiencies that do not influence usability. By accepting the shipped item the risk for damages is transferred to the Buyer from the supplier, its agent, or other parties defined by Mod Zrt..
Prices and payment conditions
Prices indicated in our price list and other publications are just for information purposes. The contracted price is the sum listed in the contract or in the order confirmation (for orders placed personally, the price is listed on the Order Sheet written by the customer. Invoices are issued at shipping. After the due date, Mod Zrt. is entitled to send a payment notice and to enforce an interest on default equal to twice the base rate of the National Bank of Hungary. Payments are due within the timeframe indicated with reference to the invoice issue date, without deductions. Enforcing detention is not permitted on counterclaims not approved by Mod Zrt. or not legally justified. In case of a violation of wire transfer payment conditions, Mod Zrt. is entitled to immediately modify payment conditions to cash payment, to make all open claims immediately due, and to recede from the contract. Invoicing maintenance and repair fees shall be performed according to the contract and the invoicing policies.
Retention of title
The product in the contract is in the ownership of Mod Zrt. until the claims towards the Buyer are fulfilled as described in the contract. If the retained product is linked to, processed, or mistaken for other products not owned by Mod Zrt., such products shall become partially owned by Mod Zrt. in proportion to the billed value of the retained product. The Buyer shall inform the third party of the title retention by Mod Zrt.. The product may be seized at the Buyer’s site by Mod Zrt. as an enforcement of the title retention in case of late payment by the Buyer for other, future shipments and fulfilments, or if the Buyer’s solvency is reduced, or it becomes insolvent or undergoes wind-up procedure. Enforcement of title retention and seizure of the shipped products by Mod Zrt. do not constitute receding from the contract. Equipment shipped for the purpose of testing and presentation shall remain in the ownership of Mod Zrt.. The client may only use such products for other purposes than testing and presentation under a separate agreement with Mod Zrt.. Buyer shall also notify us immediately in writing of any seizure or other claims on the product that may be enforced by a third party. In case of a seizure of the product, the Buyer shall immediately send the copy of the records of the seize to Mod Zrt.. Costs related to enforcing title retention for Mod Zrt. shall be covered by the Buyer.
Unless otherwise specified in the agreement, Buyer shall hold no further claims. Mod Zrt. assumes no responsibility for damages not arising directly from shipping; especially for any missed profits, or other financial losses of the Buyer, for data stored in the shipped product (data carriers), or damages related to the destruction of such items. Exclusion of liabilities also applies to damages arising from the termination of contract, and violation of ancillary obligations and manufacturer’s liability. Saving and archiving data that is important and valuable to the Buyer shall at all times be the responsibility of the Buyer. Specialist at Mod Zrt. are happy to provide information on appropriate due processes; this, however, will not change the exclusion of liability and damages mentioned above. Mod Zrt. assumes no responsibility for any mistaken information in its leaflets, catalogues and other written materials.
Exclusion of liability is not applicable if damages are caused intentionally. In case Mod Zrt. violates a basic contractual obligation out of negligence, it shall be liable for financial and personal damages up to the amount of the product liability insurance. Indemnity obligations shall at all times be restricted to the value of expected damages at the time of the execution of the contract. Liability of Mod Zrt. shall not be excluded or restricted in claims that are included in the regulations on product liabilities, or that arise out of fault of Mod Zrt.. In case of data loss or damages to the data media, replacement obligations do not include the costs of retrieving lost or damaged data. Such damages – and lost profits – may be avoided by due care as defined in legal regulations, therefore all damages and liability arising from handling different than as prescribed shall lie with the Buyer. Mod Zrt. shall not be held responsible for damages from unlawful use, even if the data medium has been shipped to its site for archiving, repairs or any other reason. Buyer shall in such cases save its data beforehand, and check upon pick-up that no data or software that may violate intellectual or other rights have been copied on the product. By verifying acceptance, the Buyer acknowledges and confirms the above.
Mod Zrt. shall make available its General Terms and Conditions to its buyers, and immediately inform its partners in case of an amendment thereto. By ordering a product, the Buyer acknowledges that he or she has understood and will comply with the General Terms and Conditions of Mod Zrt.. The Buyer’s rights arising from the contract may not be transferred. The venue of fulfilment shall be the site of Mod Zrt.. We stipulate the competence of the Győr Municipal Court for litigation and legal disputes. The laws of the Republic of Hungary shall prevail. In case certain provisions of the General Terms and Conditions shall become invalid, the legal consequences of such invalidity will only apply to the invalid provision, and other provisions and the validity of the General Terms and Conditions is not affected. Instead of the invalid provision, another provision that complies with the intents and purposes of the original provision shall be considered contractual.