Service Provider:
LG TECHNOLOGIES Limited Liability Company
Registered office: 2161 Csomád, Levente utca 14.
Company registration number: 13-09-231888
Tax number: 24376004-2-13
Represented by: Károly Lengyel, Managing Director
E-mail: info@lgtechnologies.hu
hereinafter referred to as the “Service Provider”
1. Preamble
These General Terms and Conditions govern, in a general manner, the legal relationship between the Parties in relation to the provision of repair, maintenance and spare parts procurement services, as well as services rendered by the Contractor subject to availability obligations, and in connection with the procurement and sale of movable goods ordered by the Customer outside the Website. Accordingly, this document does not regulate the sale and purchase of products marketed and ordered via the www.lgtechnologies.hu website. These General Terms and Conditions regulate the legal relationship between the Parties in a general manner; if no specific agreement deviating from these General Terms and Conditions is concluded between the Parties, and the individual contract concluded on the basis of an individual order does not provide otherwise, the provisions set out herein shall govern the legal relationship between the Parties, including the provision of services and the consideration payable.
The scope of these General Terms and Conditions shall extend to all contracts, quotations, agreements, mandates, orders or authorisations concluded with the Company in written or oral form or by implied conduct, on the basis of which the Company provides, in consideration for remuneration, services related to the repair of industrial electronic equipment or other electronic equipment and to the procurement of spare parts required thereto. Unless otherwise provided herein, the temporal scope of these General Terms and Conditions shall commence from the request for quotation aimed at establishing the legal relationship between the Parties or from the commencement of negotiations preceding the establishment of such legal relationship. The scope of these General Terms and Conditions shall extend to all enquiries, contract conclusions, contract performances and legal declarations related to the conclusion and performance of the contract by the Contractor and the Customer, as well as by other persons having a legal relationship with them.
For the purposes of these General Terms and Conditions and individual orders, any natural person or business entity ordering a service from the Contractor under these General Terms and Conditions or on the basis of an individual quotation shall qualify as a Customer. The Customer acknowledges that these General Terms and Conditions—without any separate reference—form an integral part of the individual order and become its contractual terms and conditions.
2. Definitions
For the purposes of these GTC, the following definitions shall apply:
a) Parties: the Customer and the Company jointly.
b) Customer or Client: any legal person, natural person or association of persons having relative legal capacity who is in a contractual relationship with the Company or participates in negotiations aimed at concluding a contract, and who enters into a contract with the Company for the repair of industrial electronic equipment or other electronic devices, the procurement of the necessary spare parts thereto, and related ancillary services, or conducts negotiations aimed at concluding such contractual relationship with the Contractor, requests a quotation, in which the Company participates as a contractor.
c) Device: any industrial electronic equipment or other electronic device handed over to the Contractor by the Customer or the Customer’s agent for the purpose of repair.
d) Service: the repair of industrial electronic equipment or other electronic devices provided by the Contractor for consideration, the procurement of the necessary spare parts thereto, and related services, as well as the procurement and sale of movable goods not ordered by the Customer via the Website.
e) Subcontractor: any company, sole proprietor or natural person who, upon the mandate of the Company, participates in the provision of Services to Customers, cooperates in the conclusion or performance of contracts, or performs any other related activity on behalf of the Company under a contractual, agency or other legal relationship.
f) Employee: any natural person who is or has been in an employment relationship or a mandate relationship aimed at performing work with the Contractor, irrespective of their job title or scope of duties.
g) Equipment Costs or Costs: any costs related to the procurement of materials or equipment necessary for the provision of the Service, the amount of which shall be determined by the Contractor on the basis of its accounting, upon presentation of an invoice.
h) Shipping Fee: all costs and charges incurred in connection with the delivery of the Product to the location designated by the Customer.
i) Purchase Price: the purchase price indicated as the price of the Product on the Website, in the currency specified on the Website.
j) Individual Order or Individual Contract: the concept defined in Section 7 of these GTC, which shall apply throughout these GTC.
k) Website: the website accessible at www.lgtechnologies.hu and all of its subpages.
l) Consumer: a person corresponding to the definition set out in Section 8:1 (1) point 3 of Act V of 2013 on the Civil Code (hereinafter: the “Civil Code”).
3. Subject of the Contract
3.1. In consideration of the contractor’s fee, the Contractor undertakes that, on the basis of Individual Contracts concluded following Individual Orders, it shall perform for the Customer the repair, installation, maintenance and replacement works of industrial electronic equipment as specified in Section 3, as well as the procurement of spare parts, and shall further remain at the Customer’s disposal within the framework of these GTC.
3.2. The Customer undertakes to pay to the Contractor, against invoice, the contractor’s fee, the Costs and the Shipping Fee as determined in the Individual Order and the Individual Contract, for the Services provided by the Contractor.
3.3. In the event that the Customer concludes a contract for the sale and purchase of movable goods not ordered via the Website, the Customer shall be obliged to pay the purchase price in consideration for the transfer of ownership of the ordered movable goods, with the proviso that the Contractor shall retain ownership of the movable goods until full payment of the purchase price has been made.
4. Obligations of the Contractor
4.1. On the basis of an Individual Order Contract concluded pursuant to these GTC, the Contractor shall be obliged to provide the Customer with the following Services, provided that the Parties stipulate such Services in the Individual Contract:
- repair of industrial electronic equipment owned and/or used by the Customer (hereinafter: the “Equipment”);
- in the event of failure of the Equipment, procurement and installation of replacement equipment in accordance with the Customer’s request;
- on-site fault detection and, where feasible, on-site repair;
- individual professional consultancy;
- transportation of the defective Equipment to the Contractor’s premises;
- development and replacement (automation) of existing obsolete electronic systems;
- installation, mechanical development and repair of industrial machines;
- telephone-based technical assistance and consultancy;
- availability in accordance with Section 3.2.
4.2. If the Customer does not specify in the Individual Order the defect of the Equipment for which repair is requested, any remediation of an Equipment defect carried out by the Contractor shall be deemed by the Parties as proper contractual performance.
4.3. If the Parties stipulate an availability service in the Individual Contract, the Contractor undertakes that, within the scope of its availability obligation, it shall provide the Customer with a 24-hour e-mail contact point under the relevant individual contract, through which orders and fault reports may be communicated. The Contractor further undertakes that, within forty-eight (48) working hours following notification of the Equipment failure, it shall deliver to the Customer’s registered office or premises and commence fault remediation and repair; where on-site repair is feasible, such repair shall be performed at the Customer’s premises.
4.4. The Contractor shall be obliged to safeguard the Equipment handed over to it. The Contractor shall perform the tasks entrusted to it and undertaken in the Individual Contract with due care and in compliance with the Individual Contract.
4.5. If, in the course of performing an Individual Order, the Contractor unsuccessfully repairs the Equipment, it shall be obliged to transport and repair it again at its own expense, and no contractor’s fee shall be payable for such repeated repair. The Customer acknowledges that it may assert a warranty claim for repair, in which case it shall be obliged to return the repaired product to the Contractor for further repair; if the Customer fails to do so, the Contractor shall bear no warranty liability. The Customer shall be entitled to reimbursement of repair costs only if, after two unsuccessful warranty repairs, the Contractor declares that it does not undertake further warranty repair. Following two unsuccessful warranty repairs, the Contractor shall refund the contractor’s fee paid by the Customer or, at the Contractor’s discretion, grant a price reduction proportionate to the severity of the defect.
If the Individual Contract relates to the procurement and sale of movable goods, the Contractor shall bear no warranty liability in respect of the procured equipment and electrotechnical products; in such cases, the Contractor acts solely as an intermediary for procurement and assumes no liability for the products.
4.6. For the performance of Individual Contracts, the Contractor shall be entitled to engage subcontractors, for whose activities the Contractor shall remain liable.
4.7. The Contractor shall be liable for damages caused wilfully by the Contractor or by its employees. Liability for damages caused negligently by the Contractor, its agents or subcontractors is excluded. In the course of damage remediation, the Contractor shall primarily be obliged to repair the Equipment. The Contractor shall not be liable for defects or damages resulting from manufacturing defects inherent in the Equipment, from the involvement of third parties outside the Contractor’s control, or from activities carried out by the Customer or persons engaged by the Customer.
4.8. Assembly and repair works shall primarily be carried out by the Contractor at the Customer’s premises; if, in the opinion of the Contractor’s authorised representative, this is not feasible, the Contractor shall transport the Equipment to its own premises and perform the repair there.
4.9. The Contractor shall perform repair and assembly tasks in accordance with the Customer’s instructions. If the Customer issues unprofessional or inappropriate instructions, the Contractor shall be obliged to draw the Customer’s attention to such circumstances. If the Customer nevertheless insists on the execution of such instructions, the Contractor shall be obliged to comply—provided that the execution does not constitute a criminal offence or pose a risk of personal injury—however, the Contractor shall not be liable for defects or damages arising therefrom, and any resulting damage shall be borne by the Customer.
5. Obligations of the Customer
5.1. On the basis of the Individual Order Contract, the Customer shall be obliged to pay the contractor’s fee and out-of-pocket expenses to the Contractor, against invoice, by bank transfer to the Contractor’s bank account specified on the invoice, within fifteen (15) days from receipt of the invoice.
5.2. The Contractor shall be entitled to seal the repaired Equipment with a proprietary seal or marking, which the Customer shall not be entitled to remove. If the Customer removes the seal applied by the Contractor, the Customer shall be obliged to prove that the defect detected in the Equipment was not caused by the Customer or by a third party engaged by the Customer. In the event of removal of the seal, the Customer shall not be entitled to claim warranty rights, and any warranty undertaken by the Contractor shall lapse in its entirety. The preservation of the seal on the Equipment shall constitute a condition of the warranty, where the Contractor has undertaken a warranty obligation.
5.3. The Customer shall be obliged to provide the Contractor with all information and to make the Equipment available that are necessary for the performance of the Contractor’s obligations arising from these GTC and the Individual Order Contracts, in particular to specify in the Individual Order the name and contact details (telephone number and e-mail address) of the contact person, as well as the Customer’s name, address and tax number.
5.4. The Customer shall be liable for any damages caused to the Contractor or to the Contractor’s agent by the Customer, the Customer’s employee or agent, or by any third party having a contractual relationship with the Customer.
6. Service Fees and Other Charges
6.1. In the event of a contract concluded for this purpose (availability agreement), irrespective of individual orders, the Customer shall be obliged to pay an availability fee to the Contractor, the amount of which—unless otherwise specified in the Individual Contract—shall be HUF 250,000 + VAT per month, payable by bank transfer against invoice by the 10th day of each month.
6.2. The availability fee paid for the availability service shall not include the contractor’s fees for repair works or any related costs.
6.3. The contractor’s fees payable to the Contractor shall be specified in the Individual Order Contract; failing this, the Individual Order Contract shall not be deemed to have been concluded.
6.4. The Customer shall be obliged to pay the contractor’s fees and the other charges specified in this Section within fifteen (15) days from receipt of the invoice, by bank transfer to the bank account designated by the Contractor. The Contractor’s employees and agents are not authorised to accept cash payments from the Customer; any such payment shall not be deemed valid performance by the Parties.
6.5. In the event that the Customer is in delay with the settlement of an invoice or any payment obligation, the Contractor shall be obliged to call upon the Customer by e-mail to perform. If the Customer fails to comply within three (3) days, the Customer shall be obliged to pay a late payment penalty of HUF 25,000 per calendar day for each day of delay.
6.6. Unless the Individual Contract specifies the contractor’s fee, the Customer shall be obliged to pay the Contractor, for the performance of contractor activities—including, in particular, consultation, commissioning and on-site installation works—a fee of HUF 25,000 + VAT per dispatch, calculated at HUF 25,000 + VAT per hour or commenced hour, plus a travel fee of HUF 200 + VAT per kilometre. In addition to the travel fee specified in this Section, the Contractor shall be entitled to charge an extra travel fee if the dispatch must be carried out on weekends or public holidays: HUF 60,000 + VAT per dispatch on Saturdays, and HUF 80,000 + VAT per dispatch on Sundays or public holidays.
6.7. If the equipment cannot be repaired on site, the contractor’s fee for repair carried out by transportation shall be governed by the availability provisions of the Individual Order.
6.8. The Customer shall be obliged to reimburse the Contractor for all documented out-of-pocket expenses certified by invoice—excluding the transportation costs of the equipment—as well as the purchase price of replacement equipment, spare parts and auxiliary spare parts.
7. Individual Orders and Individual Contracts
7.1. The Customer may place Individual Orders by e-mail to the contact e-mail address specified above or to any other e-mail address operated by the Contractor, in which the Customer shall indicate the movable property to be procured or the Equipment to be repaired, the defect of the Equipment to be repaired, or the service related thereto, or any other requested service. The Individual Contract shall be concluded upon the Contractor’s written or e-mail acceptance of the order, or upon the acceptance by the Customer of the offer sent by the Contractor to the Customer (hereinafter: Individual Order or Individual Contract). If the Customer does not accept the offer sent by the Contractor in writing or by e-mail, but hands over the Equipment to be repaired to the Contractor, or accepts the commencement of the Service or does not object to its commencement, the Parties shall consider that the Customer has accepted the Contractor’s offer, and thus the Individual Contract shall be concluded under the conditions set out in the offer and the Individual Order.
7.2. The Contractor shall declare acceptance of the Individual Order without delay following receipt of the Order or its arrival at the Contractor’s site, but no later than within forty-eight (48) hours (excluding weekends and public holidays). If the Contractor does not accept the offer within this time limit, but the Customer does not expressly object thereto and does not notify the Contractor in writing of withdrawal from the Order, the Individual Contract shall be deemed to have been concluded.
7.3. The performance deadline of the Individual Contract shall be sixty (60) working days following receipt of the Equipment in the case of repair, and ninety (90) working days in the case of procurement of replacement equipment, unless otherwise provided in the Individual Contract. The Individual Contract may, however, stipulate different deadlines. Following the unsuccessful expiry of the deadline, the Customer shall be obliged to call upon the Contractor to perform at least once in writing or by e-mail, and legal consequences may be applied against the Contractor only if the Contractor fails to perform within three (3) working days following receipt of such notice. The Contractor shall not be liable if it was unable to meet the deadline due to reasons beyond its control or due to the involvement of third parties, or for reasons attributable to the Customer.
7.4. In urgent cases, the Customer may request the Contractor by telephone to perform the contractor activities defined above, using any of the telephone contact details specified below; in such case, however, the Customer shall be obliged to send an e-mail order specifying the subject of the order, the deadline and the contractor’s fee, as well as the Customer’s and the contact person’s details. Acceptance of such urgent order shall be confirmed by the Contractor by e-mail within three (3) hours. In the absence of written acceptance, the order shall not be deemed to have been concluded. The Customer may place such urgent orders on non-working days as well.
7.5. If the Customer orders the Service by telephone and confirms it by e-mail, and the Contractor performs the Order, the Individual Contract shall be deemed to have been concluded, in which case the Contractor shall be entitled to the fees specified in these GTC.
7.6. If the Customer and the Contractor stipulate a “guarantee” in the Individual Contract, the Parties do not mean a warranty, but the right to priority examination of warranty-for-defects claims within the guarantee period, unless otherwise provided in the Individual Contract or these GTC.
7.7. The Individual Contract shall be concluded solely upon acceptance of the Order, and the Contractor shall be obliged to perform the contractor activities only thereafter.
8. Intellectual Property Rights
8.1. Any intellectual product resulting from the activities performed by the Contractor, its employees or agents in the course of the performance of these GTC and the Individual Contracts shall constitute the property of the Contractor, and the Contractor shall be exclusively entitled to exploit and use such intellectual product.
8.2. Intellectual products shall include, inter alia, know-how, inventions, trademarks, products protected by design rights, trademarks, products protected by industrial design rights, and software.
8.3. The Customer shall be entitled to use the intellectual products specified in this Section only with the express written permission of the Contractor; however, the Customer shall not be entitled to transfer or make such intellectual products available to any third party.
9. Miscellaneous Provisions
9.1. In the course of the conclusion and performance of these GTC and the Individual Contracts, the Parties shall cooperate with each other and shall act with the due care reasonably expected from them.
9.2. The Parties agree that any disputes that may arise between them shall primarily be resolved through amicable negotiations.
9.3. The Parties shall maintain contact with each other through the following contact details:
On behalf of the Contractor:
Contact person: Tauber Mariann
E-mail address: info@lgtechnologies.hu
Telephone number: +36 30 533 0616
Contractor’s bank account number: 10300002-10633328-49020014
9.4. The Parties hereby agree that any legal disputes arising out of or in connection with these GTC and the Individual Contracts, or their performance, shall fall under the exclusive jurisdiction of the courts competent according to the registered office of the Contractor.
9.5. The representatives of the Parties declare that they are duly authorised to represent the business entities they represent, possess full authority of representation, and are entitled to accept this contract, for which they assume full responsibility.
9.6. In matters not regulated by these GTC and the Individual Contracts, the provisions of Act V of 2013 on the Civil Code shall apply.
Budapest, 15 November 2017
LG TECHNOLOGIES Limited Liability Company
Represented by: Károly Lengyel, Managing Director
Contractor