CONCLUSION OF ORDERS
The following terms of delivery and payment are only applicable for use in international commercial transactions. They apply to all export activities of BVF HEATING SOLUTIONS Ltd (BVF) outside territory of Hungary. Offers made by BVF are subject to confirmation unless expressly agreed otherwise. Purchaser shall be responsible for application for, and receipt of any and all required permits, licenses and/or other authorizations, for the sale of the products in its sales territory.
The agreed prices are FCA Nagytarcsa, Hungary (Incoterms 2020) The purchase price shall be paid exclusively in the agreed currency. Packaging, transport, insurance and other ancillary costs are not included in the price and will be charged separately. Any fees, taxes, customs duties or other charges in connection with the delivery shall be borne by the customer. BVF may reduce or increase its prices. If it exercises its right to change, the changed prices shall apply to the quantities still to be purchased. In the event of a price increase, however, the customer shall be entitled to withdraw from the contract by written declaration within three working days after receipt of the notification of the price increase. Deliveries made before receipt of the notice of withdrawal shall not be covered by the withdrawal.
The customer shall collect the goods at the agreed delivery date or, if a delivery date has not been firmly agreed, immediately after notification of the provision at the agreed place of performance.
If is agreed that BVF is obliged to ship the goods, the transport shall be at the expense of the customer and the choice of the means of transport and the transport route shall be at the discretion of BVF in the absence of special instructions. The risk shall pass to the customer at the time the goods are handed over to the carrier by BVF. Information on delivery periods is always non-binding.
Significant, unforeseeable operational disruptions, delivery delays or delivery failures of BVF’s suppliers for which BVF is not responsible, as well as operational interruptions due to shortages (in particular shortages of raw materials, energy or labor), strikes, lockouts, traffic disruptions, official control measures, official requirements and cases of force majeure (in particular war, epidemics, pandemics, etc.) at BVF and/or its suppliers shall postpone the delivery date by the duration of the impediment to performance.
TERMS OF PAYMENT
The invoice amount shall be paid in accordance with the payment terms stated on the invoice. BVF HEATING SOLUTIONS Ltd retains ownership of the delivery item until full payment of the purchase price as well as all claims from the current business relations with the customer, including interest, reminder charges, debt collection costs, court costs and the like.
INSPECTIONS OF GOODS UPON ACCEPTANCE
The customer shall inspect the goods for defects immediately upon receipt. Obvious defects shall be notified to BVF in writing without delay, at the latest, however, within 5 calendar days after receipt.
BVF warrants the proper composition of the delivered goods and their suitability for the expressly warranted purpose. The warranty is given at the time of the transfer of risk BVF certifies that his products are guaranteed to be free from defects in material and workmanship – unless stated otherwise – for one (1) year against faulty components and assembly. The BVF’s obligation is limited to replacing the products or parts, after BVF’s examination, if within one year after the date of shipment they prove to be defective. This warranty does not apply to any product or part that has been subject to misuse, neglect, accident or improper installation or application, nor shall it extend to the products that have been repaired or altered outside the services authorized and licensed by BVF. BVF shall, at its own discretion, improve or replace defective goods which have been notified correctly and in good time or reduce the purchase price appropriately. Defected or warranty-related parts or products shall be returned to BVF on the expense of the customer unless agreed otherwise.
EXCLUSION OF LIABILITY
All claims for damages, reduction, cancellation of the contract or withdrawal from the contract not expressly mentioned are excluded. Furthermore, the customer shall have no claims for compensation for damage that has not occurred to the delivered goods themselves, such as production delays or failure, loss of use, loss of orders, loss of profit and other direct or indirect damage.
BVF liability of strictly limited to the product. The customer undertakes to ensure that the presentation and use of the goods for the intended use is permissible under the applicable legal provisions. Any recourse claims made against BVF by contractual partners or third parties under the title of “product liability” shall be excluded to the extent permissible under the applicable legal system.
The customer shall keep all commercial and technical information about BVF’s business activities of which it becomes aware strictly confidential and shall not disclose it to third parties.