Projekt h2o hungária kft. provides services (including water treatment and technical consulting) and processes data as part of its service provision.
Projekt h2o hungária kft. (Hereinafter referred to as the “Service Provider”) processes personal data of individuals (hereinafter collectively referred to as the “Data Subjects”) who visit the website www.projekth2o.com (hereinafter referred to as the “Website”) and those who request quotations.
Contact Information for the Data Controller:
Name: Projekt h2o hungária kft.
Registered office and mailing address: 1214 Budapest, Akácfa u. 5 II/8
Representative’s name: Norbert Bankos
Email address: info@projekt-h2o.eu
Scope of Processed Personal Data:
To access various services, different personal data are requested from users while adhering to the principle of data minimization. This Data Protection Information applies exclusively to the processing of personal data of natural persons who visit the website. It is important to note that personal data is only relevant in relation to natural persons.
The following do not qualify as personal data: anonymous information collected without the possibility of personal identification and demographic data that is collected without being linked to the personal data of identifiable individuals, and therefore does not establish a connection to a natural person.
Specifically, the scope of processed data includes:
2.1 For quotation requests and inquiries:
Name
Email address
Phone number
2.2 Children
Our products and services are not intended for individuals under the age of 16. We kindly request that individuals under the age of 16 do not provide Personal Data to the Data Controller. If we become aware that we have collected Personal Data from a child under the age of 16, we will take the necessary steps to delete such data as soon as possible.
Cookie (Anonymous User Identifier) Handling Information
The Data Controller places an anonymous user identifier (cookie) on the data subject’s computer, which, by itself, is incapable of identifying the data subject in any way. These cookies are solely used to recognize the data subject’s device, do not store IP addresses, and do not transmit IP addresses as personal data to the Service Provider. The cookies used are simple, short, and small text files. Providing personal data or information is not necessary since the data exchange occurs only between the devices, and no personal data is shared with the Service Provider.
Cookies Essential for the Operation of the Website
The placement of certain cookies on the data subject’s computer is essential for the operation of the website, making the loading of the website faster and allowing the data subject’s browser to store certain information, thereby aiding the data subject in the proper functioning of the website modules.
cb-enabled (1 day)
Function: Prevents a new load after accepting cookies. If the data subject chooses the “I ACCEPT” option, their choice is saved, and no further consent will be requested for 30 days.
KRID (1-7 days)
Function: Significant for registration and cart functions. It is necessary for items to remain in the cart if the user leaves the cart and continues browsing on the website. It also prevents the system from logging the user out when accessing a registered area while browsing the website.
Analytical Cookies
To extract website traffic data and other web analytics data, the service provider utilizes the services of independent analytical servers, namely, the Google Analytics software. These service providers can provide detailed information to the data subject regarding the handling of measurement data.
The Service Provider has made the necessary settings in the website’s code for Google Analytics to anonymize the data subject’s IP address, making it no longer personally identifiable and ensuring it is not passed on to the Service Provider. More information about this technology can be found here: Google Analytics IP Anonymization.
The goal of using the anonymized information provided by these software tools is to analyse website traffic and functional usage of the website in order to enhance the user experience (e.g., providing optimized navigation, arranging the placement of information on subpages).
These measurements do not store any data about users that could identify them, including IP addresses or personal data.
You can find Google Inc.’s privacy policy at [http://www.google.com/intl/en ALL/privacypolicy.html] (http://www.google.com/intl/en ALL/privacypolicy.html).
For more detailed information about the cookies used, the respective service providers can provide further information:
For Google Analytics cookies and their identification and characteristics, you can find answers here.
Cookies Used for Advertising
The Service Provider may use 21st-century online marketing solutions, specifically Google AdWords and Facebook ads. These advertising solutions use cookies in their operation. These cookies help the system display relevant ads to data subjects based on their current interests, rather than irrelevant ones. The Service Provider uses Google AdWords and Facebook-provided remarketing codes on the Portal. The remarketing code also uses cookies.
The installed cookies do not transmit personal data to the Service Provider; they simply assist in displaying ads related to the Service Provider’s products and services to visitors of the Portal on other websites within the Google Display network that they visit in the future, as well as on Facebook.
Manual Override, Intervention, and Configuration Options for Advertising Preferences
Users can disable cookies at any time and personalize ads through the Google and Facebook advertising settings interface.
You can adjust your Google user account’s privacy settings here: Google Privacy Settings.
The privacy settings for a Facebook user account can be accessed under the settings menu, specifically under the data privacy and advertising preferences tab: Facebook Ad Preferences.
Disabling or Blocking Cookie Usage
Modifying Browser Settings:
Most browsers have a “Help” function in their menu that provides information on how to:
Disable cookies
Accept new cookies
Instruct your browser to set new cookies
Disable other cookies
Using Browser Extensions for Blocking:
If the data subject does not want Google Analytics to measure the data as described and for the stated purpose, they can install a browser extension that blocks it.
Using External Solutions for Cookie Management:
Data subjects can manage which advertising cookies are allowed on their computer using external websites. One solution available in Hungarian is Ad Choices.
Social Media Plugins
By default, plugins are disabled on the Portal. These plugins are also cookies. They will only be enabled when the data subject clicks on the corresponding button (e.g., likes an article, pins an image, or starts following the Service Provider’s Facebook page using the “like” button). By enabling the plugin, i.e., pressing the “like” button, the data subject establishes a connection with the social media platform, thereby clearly expressing their consent for their data to be transmitted to Facebook/Twitter/Linked-in/Pinterest/Instagram.
If the data subject is logged into Facebook/Twitter/Linked-in/Pinterest/Instagram, the respective social network may associate their visit with their social media account.
When the data subject clicks on one of the aforementioned social media buttons, their browser directly transmits the relevant information to the respective social network, where it is stored.
Information regarding the scope and purpose of data collection, further processing and use of data by Facebook/Twitter/Linked-in/Pinterest/Instagram, data subject’s rights and settings for personal data protection can be found in the respective social media’s privacy statements.
Users of the website acknowledge that by using the website’s services, they have given their consent to the processing of their data by Google.
Technical Data – Log Files
To use the services, the system automatically logs the following data:
The user’s dynamic IP address
Depending on the user’s computer settings, the type of browser and operating system used by the user
The user’s activity on the website
The use of this data serves technical purposes, such as analysing the secure operation of servers and conducting subsequent checks. This is an automatic IT security process recorded in the system server logs without the data subject’s declaration.
The above data is not suitable for identifying the user, and the Data Controller does not associate it with any other personal data. The logging data is stored by the system for 6 months from the visit.
Legal Basis and Purpose of Data Processing
6.1 For Inquirers and Interested Parties
Data processing is necessary for the steps preceding the conclusion of a contract, and the purpose of data processing is to provide personalized service to the data subjects and to send a quotation upon the request of data subjects, which may serve as the basis for a possible future contract or order.
Data Retention Period
7.1 For Inquirers and Interested Parties
Data processing is carried out for the duration of the contract, if it is concluded, during the validity of the contract, and, according to the accounting law, for 8 years following the year of performance. If the contract is not concluded, i.e., the purpose is not achieved, the data is processed by the Service Provider until March 1 of the year following the expiration of the quotation.
Scope of Persons with Access to Data, Data Transfer, Data Processing
The personal data collected from data subjects may be accessed only by the internal employees of the Service Provider, and they are not made public. For data processing purposes, data may be transmitted to a third party only at the request of the data subjects and to the recipient specified by the data subject.
To perform tasks arising in the course of the Service Provider’s activities (accounting, issuing electronic invoices, sending newsletters), data processors may be engaged.
Categories of data processors and recipients of data transfer:
Name: Kállai és Társa Consulting Könyvelő, Szolgáltató Kft.
Headquarters: 1214 Budapest, Akácfa utca 5. II. em. 8.
Category: accounting
Name: Gurutechshop Kft.
Headquarters: 1045 Budapest Széchényi tér 10.
Category: online marketing
Name: Bodor Ádám
Headquarters: 2600 Vác Telep utca 20.
Category: programming
Name: Sigmanet Kft.
Headquarters: 1132 Budapest, Victor Hugo utca 18-22.
Category: hosting services
Name: DOTROLL Kft.
Headquarters: 1148 Budapest, Fogarasi út 3-5.
Category: web hosting provider
Name: Trans-Pack Logisztika Kft.
Headquarters: 2220 Vecsés, Dózsa György út 1.
Category: courier service
Rights of Data Subjects and Remedies
9.1 Data subjects may request the Data Controller:
a) information about the processing of their personal data,
b) correction of their personal data, and
c) erasure or blocking of their personal data, except for mandatory data processing,
d) transmission of their personal data to another data controller.
9.2 Upon request by the data subject, the Data Controller shall provide within 30 days, written information about the data subject’s personal data processed by the data subject or by the data processor appointed by the data subject, including their source, purpose of data processing, legal basis, duration, the name and address of the data processor, and the data processor’s activities related to data processing, and, in the case of data transmission, the legal basis and the recipient.
The information is free of charge if the data subject has not already requested information for the same area in the current year. In other cases, the Data Controller determines the cost, with the condition that the already paid cost shall be refunded if the data was processed unlawfully or if the request for information leads to correction.
The Data Controller maintains a record of data transmission to verify the legality of data transmission and to inform the data subject, which includes the date of transmission, the legal basis and the recipient of the data, the determination of the transmitted personal data, and other data required by the legislation regulating data processing.
To check the fulfilment of measures related to a data protection incident and to inform the data subject, the Service Provider maintains a record of data protection incidents, which includes the scope of personal data of the data subject, the number of data subjects affected by the data protection incident, the date of the data protection incident, its circumstances, consequences, the measures taken to eliminate it, and other data required by the legislation regulating data processing.
9.3 Data subjects are entitled to request the correction or deletion of incorrectly recorded data at any time. Such requests must be submitted in writing, either by postal mail or email. Upon receipt of the request, the Service Provider will delete the data within 3 working days, and once deleted, the data cannot be recovered. Deletion does not apply to data processing required by law (e.g., accounting regulations), which the Service Provider will retain for the necessary period.
9.4 Data subjects may also request the blocking of their data and the transmission of their data to another data controller. The Service Provider will block the personal data upon the request of the data subject or if, based on the available information, it can be assumed that deletion would violate the legitimate interests of the data subject. The blocked personal data can only be processed as long as the purpose of data processing that excluded the deletion is valid.
For corrections, blocking, and deletion, the data subject, as well as all those who previously received the data for the purpose of data processing, must be notified. Notification may be omitted if, in view of the purpose of data processing, it does not violate the legitimate interest of the data subject.
If the Service Provider refuses a request for correction, deletion, or blocking, the Service Provider shall inform the data subject in writing of the factual and legal reasons for the refusal, within 30 days from the submission of the request.
9.5 Data subjects may also submit the following to the Data Controller at one of the contact addresses listed in point 9.5:
• Request the transfer of their data to another data controller if data processing is based on a contract or consent, and the Service Provider processes it in an automated manner.
• Decide to withdraw their consent to the data processing provided previously.
The data subject may object to the processing of their personal data. The Service Provider will examine the objection within the shortest possible time, but no later than within 15 days of receiving the objection, make a decision on the merits of the objection, and inform the applicant in writing. If a request for correction, deletion, or blocking is refused, the Data Controller shall inform the data subject about the possibility of judicial remedy and the right to contact the Authority.
Data Security Measures Information:
The Data Controller ensures default and built-in data protection. To this end, the Data Controller implements appropriate technical and organizational measures to:
Precisely regulate access to data.
Only allow access to individuals who require the data to perform their tasks and only to the extent necessary for the task.
Carefully select subcontractors, with proper data processing contracts in place to ensure data security.
Ensure the integrity, accuracy, and protection of the processed data.
The Data Controller applies reasonable physical, technical, and organizational security measures to protect the data of the Data Subject, particularly against accidental, unauthorized, unlawful destruction, loss, alteration, transmission, access, or processing. In case of unauthorized access or use of personal data that poses a high risk to the Data Subject, the Data Controller immediately informs the Data Subject.
If it is necessary to transmit the Data Subject’s data, the Data Controller ensures the proper protection of the transmitted data, such as encrypting the dataset. The Data Controller bears full responsibility for data processing carried out by third parties.
The Data Controller also ensures the protection of the Data Subject’s data through appropriate and regular backup procedures to guard against data destruction or loss.
9.5 The Data Subject can exercise their rights at the following contact details:
Mailing address: projekt H2O hungária Kft., 1214 Budapest Akácfa u 5 II/8
Email address: info@projekt-h2o.eu
The Data Subject can contact the Data Controller’s representative with any questions or observations related to data processing at the contact details provided in section 9.5.
9.6 The Data Subject, based on the GDPR, the Info.tv., and the Civil Code (Act V of 2013):
May turn to the National Authority for Data Protection and Freedom of Information (1125 Budapest, Szilágyi Erzsébet fasor 22/c.; www.naih.hu) or
May enforce their rights in court.
9.7 If the Data Subject provided third-party data during the use of the service, during registration, or in any way caused damage while using the Website, the Service Provider is entitled to claim damages from the Data Subject. In such cases, the Service Provider will provide all possible assistance to the authorities to ascertain the identity of the infringing person.
General Terms and Conditions
Unless otherwise expressly agreed in writing, all offers, order confirmations, deliveries, services, and fulfilments shall be subject exclusively to these general terms and conditions. The purchaser’s procurement conditions are binding only if they do not conflict with these conditions or if we have expressly acknowledged and confirmed them in writing.
All quotations are non-binding and not obligatory. Acceptance declarations and verbal orders shall require our written or email or fax confirmation to become legally effective. Agreements made with our representatives shall be binding only if confirmed in writing. Our prices are per Liter, kilogram, piece, or another unit unless otherwise agreed. Unless otherwise agreed, our prices include packaging but exclude transport, freight charges, insurance, etc. Orders for which no fixed prices have been agreed upon will be invoiced based on the prices valid on the day of delivery. Quantity and weight data are approximate and non-binding. Packaging will not be taken back. If services are ordered, a delivery charge will be invoiced. The basis for this is the kilometre distance on the road network between the place of departure and the destination. If travel by car is not possible, the entire cost of the outward and return journey shall be borne by the purchaser. Any overnight accommodation costs will be invoiced separately. The choice of means of transport and overnight stay is at our discretion and without obligation. Hourly rates will be invoiced for the duration of the service. In the case of contracts not based on lump-sum prices, the delivery and hourly rates shall be invoiced based on the prices valid on the day of delivery.
After the goods have left the dispatching location, the purchaser shall assume all risks associated with the shipment, even in the case of prepaid delivery. Regarding settlement, the quantities, weights, quantities, etc. determined by the responsible class are authoritative. In all cases where no special instructions have been given, deliveries will be made at our best judgment without any obligation to the cheapest option. We do not have any liability for the loss, misplacement, exchange, or damage of parcels during transport.
4. Claims by the purchaser in the event of damage/fault
4.1 In the case of a purchase of non-consumer goods, damage claims arising from deliveries expire one year after delivery. In the case of the use of chemical products, we accept no responsibility for faults that occur after the expiry of the specified warranty period.
4.2 If the purchase constitutes a commercial transaction for both parties and in terms of proper business management, it is feasible, the purchaser must immediately inspect the goods upon receipt. If any defects are discovered during this process, these must be reported to the supplier immediately. Objections will only be considered if we receive written notification, including photographic evidence, within one working day of the receipt of the goods. We may decide at our discretion, in cases where we deem objections justified, whether to provide the purchaser with free return shipping for the goods or an equivalent delivery, or to credit the invoice amount and withdraw from the contract. All further claims, such as compensation for damages, labour costs, freight costs, penalty charges, etc., are excluded. The purchaser is also precluded from withdrawing from the contract due to the objection. In the case of a faulty partial delivery, the rights granted do not apply to the remaining quantity. Returns are accepted only with our prior written consent.
4.3 If the purchaser fails to make the notification as stipulated above, the goods and, consequently, the fulfilment shall be deemed accepted unless the defect was not discernible during the inspection. In all other respects, the statutory provisions on commercial transactions apply.
4.4 Claims of the purchaser beyond this – especially claims for consequential damages arising from defects and damage – are fundamentally excluded. This does not apply in the event of intent, gross negligence, or the breach of essential contractual obligations by the supplier, as well as in cases of harm to life, body, and health. This does not affect the purchaser’s right to withdraw from the contract.
5. We provide delivery dates to the best of our judgment; however, they do not constitute any obligation on our part. There is no provision for late delivery penalties or compensation claims due to exceeding the delivery deadline provided by us. The purchaser is not entitled to withdraw from the contract due to delayed delivery. Similarly, in the case of partial deliveries, the rights granted cannot be enforced for the remaining quantity. Any type of operating disruption, shortage of raw materials or fuel, fires, the complete or partial cessation of business activities, delayed or unsatisfactory customs processing of vehicles, as well as all cases of force majeure such as mobilization, war, strikes, import or export prohibitions, entitle us to request an appropriate extension of the delivery period or to terminate the delivery contract in whole or in part.
6. If the goods are not taken over by the expiry of the acceptance deadline, we reserve the right to cancel any call-off delivery agreement or order without prior notice. In this case, the purchaser is not entitled to any claims against us. In the case of partial deliveries as per the agreement, the purchaser must make the call-offs in a uniform time and quantity in such a way that the part of production and delivery assigned to us can be completed within the deadline. Without explicit agreement, we are entitled to partial deliveries in all cases.
7. In the absence of a different agreement between the parties, settlements shall be made in Hungarian Forints. Our invoices are to be paid by bank transfer to the bank account specified by us within the deadline stipulated in the agreement – or, in the absence of a different agreement, within 30 calendar days from the date of the invoice – without any deduction, irrespective of the receipt of the goods and without prejudice to the right to request supplementary performance. All payments are to be made directly to us. Our representatives are not authorized to collect payments by direct debit. In case of exceeding the payment deadline, late payment interest shall be charged at the prevailing interbank interest rate, including bank charges for uncovered loans. We reserve the right to assert further compensation claims. Invoices for services provided under the agreement will be sent by postal mail or electronically via email.
8. Bills of exchange and checks are accepted only under express agreement and subject to the condition of successful encashment. All costs and expenses related to handling bills of exchange or checks that arise for us are borne by the principal. We do not assume responsibility for the timely presentation and refusal of bills or checks at smaller trading locations (protest). Bills of exchange and checks are considered payment only after they have been encashed.
In case of non-payment of the purchase price when it falls due, we are entitled to withdraw from all contracts concluded with the buyer without any special provision and to assert any damages resulting therefrom. Failure to accept goods ready for shipment entitles us to the same rights as non-payment. If the financial situation of the buyer deteriorates after conclusion of the contract or we receive adverse information about the buyer, we are entitled to request advance payment or immediate payment for deliveries already made, even if the payment terms have been modified. This also applies if bills of exchange or checks are handed over, regardless of whether the financial information or adverse information relates to the buyer or the drawee of the bill. The determination of whether information is adverse is solely within our discretion. In case one bill or check from multiple outstanding ones cannot be encashed, we are entitled to request immediate payment in cash for the entire remaining amount, while reserving the return of our property to us free of charge. In all cases covered in this paragraph, we also reserve the right to withdraw from all contracts concluded with the buyer and to assert any damages resulting therefrom.
The buyer is not entitled to set off any counterclaims against our claims or to assert a right of retention in relation to these claims. The buyer is also not entitled to assign its rights arising from contracts concluded with us to third parties without our written consent.
Until complete payment of the purchase price for the goods and all claims arising from the business relationship, the goods shall remain our property. The buyer is entitled to continue using the goods, on which we have retained ownership, in the ordinary course of business until arrears arise. No further disposition, such as pledging, assignment of security, or sale following establishment of insolvency, is permitted. Any pledging of goods, on which we have retained ownership, must be reported immediately to us along with a copy of the record of pledge. If the buyer sells the goods on credit, on which we have retained ownership, the purchase price resulting from this sale shall be deemed assigned to us from the time of the claims’ origination. The buyer is entitled to collect claims until we prohibit this due to its deteriorated financial situation. In this case, the debtor must submit a waiver in duplicate for each individual claim upon request. If a third party acquires goods on which we have retained ownership, the buyer must inform the third party immediately that the goods belong to us. The buyer bears the costs and any damages arising from this. In the event of the buyer’s breach of contract, particularly in case of delayed payment or deterioration of financial situation, we are entitled to reclaim the goods on which we have retained ownership at the buyer’s expense or to request assignment of the buyer’s surrender rights against third parties. The retraction of the goods by us or their pledging, for which we have retained ownership, does not constitute withdrawal from the contract, unless a long-term leasing agreement applies.
These terms and conditions, as well as all legal relationships between us and the buyer, are governed by the laws of the Republic of Hungary. If permitted by law, the competent jurisdiction for any direct or indirect legal disputes arising from the contractual relationship shall be that of the seller’s place of business, even when delivery is made to the destination free of charge. In this case, the delivery shall be considered an advance payment to the buyer. In case of disagreement, we reserve the right to designate the jurisdiction of another location within the EU. In this case, the laws of the respective EU member state shall apply. In all cases, the goods shall be considered an advance payment to the buyer.
13. REACH Compliance and Information Obligations
13.1 The supplier undertakes that the goods delivered to project h2o hungária Kft., including packaging, comply with the provisions of Regulation (EC) No 1907/2006 (REACH). This ensures, above all, that the delivered products, preparations, and their packaging do not contain any substance listed on the candidate list according to Article 59(1) of the regulation in concentrations exceeding 0.1% by weight (Substances of Very High Concern – SVHC substances). The supplier is obliged to register all materials delivered to project h2o hungária Kft., either by themselves or by their suppliers (in advance), if they are subject to registration obligations under REACH. If the supplier is not required to register under the REACH regulation themselves, they must require their suppliers to comply with the REACH obligations. In case a substance in a concentration greater than 0.1% by weight of an SVHC substance is present in the materials delivered to project h2o hungária Kft., or if REACH-subject substances may be released into the environment under normal and foreseeable use, the supplier must inform project h2o hungária Kft.
13.2 The supplier ensures that if the products/preparations or their packaging delivered by them contain substances subject to REACH, these substances have been registered in accordance with REACH. They further undertake to provide all information and documentation as defined by REACH (especially in Articles 31 and following) to project h2o hungária Kft. within the deadlines set by REACH. The supplier shall promptly transmit their supplier information to project h2o hungária Kft.
13.3 If project h2o hungária Kft. is approached by customers, competitors, or authorities due to a breach of REACH regulations attributable to any of the supplier’s products, project h2o hungária Kft. is entitled to seek exemption from claims arising from this and demand compensation for the damage incurred due to the lack of REACH compliance from the supplier.
13.4 The aforementioned obligations apply equally (excluding registration obligations) even if the supplier is not headquartered in an EU member country. In particular, the supplier must inform project h2o hungária Kft. if SVHC substances are present in the delivered products, preparations, or their packaging in concentrations exceeding 0.1%, or if REACH-subject substances may be released into the environment under normal and foreseeable use.
If no agreement to the contrary is reached, the supplier and its representatives involved in the performance and customer service are liable for any damages claimed by the buyer resulting from the supplier’s culpable conduct hindering performance, breach of obligations defined during contract negotiations, and unlawful acts. Liability for personal injury shall be determined in accordance with statutory provisions. Liability for material damages is limited to HUF 250,000 per damage event and a total of HUF 500,000 in aggregate. Liability for pecuniary damages is excluded. Limitation of liability and exclusion of liability do not apply in cases of private property damage under the Product Liability Act, or in cases of intent, gross negligence, or significant breaches of material contractual obligations, or in the absence of guaranteed characteristics, for which liability insurance is in place.
These general terms and conditions are accessible to the public at any time on our website www.projekth2o.com. By placing an order, the buyer confirms that they have read, understood, and accepted these general terms and conditions. The general terms and conditions provided at one time apply to all subsequent transactions. If any provision of these general terms and conditions or any other agreement is or becomes invalid, it shall not affect the validity of the other provisions. In this case, the invalid provision shall be replaced by a provision that most closely approximates the economic and/or legal purpose of the invalid provision.
16. Procurement and Supplier Terms and Conditions
16.1. Price
The agreed price for the products according to the contract is valid upon the complete fulfilment of the contract for the manufacture or procurement, and delivery of the respective product(s). The price includes all costs incurred by the supplier in connection with the performance of the contract. The price was determined by the supplier based on complete knowledge of the performance task and the necessary information. After the conclusion of the contract, the supplier is not entitled to modify the fee or assert additional costs, except for additional work ordered in writing by the buyer. Payment for the delivered product(s) specified in the contract does not imply the acceptance of the product(s) by the buyer. Any payment or transfer shall be made by the buyer while reserving all rights of the buyer related to the supplier’s defective performance (including, without limitation, hidden defects unknown to the buyer) or other breach of contract.
16.2. Regulatory and Legal Requirements
The supplier undertakes to fully comply with and enforce all regulatory and legal requirements in the performance of its commitment, and confirms that all costs related to the enforcement of these requirements are settled within the commitment price. Additionally, the supplier guarantees compliance with all applicable regulations, standards, technical specifications, etc., including but not limited to those related to environmental protection, packaging, labelling, product liability, and quality. Any damages or costs resulting from non-compliance with these requirements shall be the sole responsibility of the supplier. The quality of the product handed over to the buyer as part of the contract shall comply with all applicable legal requirements, standards, and technical specifications in Hungary. The supplier must provide documentation with certificates of conformity and measurement protocols to substantiate this.
16.3. Supplier’s Obligations
The Supplier undertakes to provide the goods specified in the Delivery Agreement, including technical specifications, in full compliance with all applicable Hungarian laws, relevant standards, and technological requirements at the specified delivery date, without defects or deficiencies, and duly supported by certificates and measurement records. In case of the delivery of non-compliant products, the Supplier is obligated, at the Buyer’s request, to rectify the product at their own expense without delay or replace it with a new product. The Supplier must perform the repair or replacement in a way that does not necessitate a change in the deadline. Any damages incurred by the Buyer due to Supplier-induced delays in the repair or replacement, as well as the costs of repairs carried out by the Buyer, can be charged to the Supplier. The Supplier is also required to provide the Buyer with measurement records specified in the contract and material certificates for the materials used. Failure to provide these documents will result in the Buyer not accepting the final invoice. The Supplier must arrange insurance that adequately covers the Buyer against any damages, claims, losses, or costs related to personal injury or death, damage to property, or any other harm or loss that can be partially or wholly attributed to defects in the products manufactured by the Supplier. The Supplier is obliged to maintain such insurance, and upon the Buyer’s request, provide proof of this insurance at any time. The Supplier is also obligated to conduct inspections (checks, measurements) required by the contract and standards, as well as legal requirements. The results of these inspections must be provided to the Buyer in writing. The Supplier is obligated to promptly inform the Buyer in writing of any circumstances that may hinder the performance of the contract and, if possible, take measures within its competence to eliminate them. The Buyer is entitled to claim damages resulting from the Supplier’s failure to do so. If the Buyer provides the necessary materials for the product, either in part or in full, after the transfer of the materials – which must be documented by the Buyer and the Supplier – the Supplier is responsible for the materials received (risk of loss and the legally compliant disposal of generated waste, especially hazardous waste). Any damage, penalties, or costs resulting from the failure to comply with these requirements will be borne by the Supplier. The Supplier has the right to raise written quantitative and qualitative objections regarding the materials received from the Buyer within 2 business days after the transfer of the materials. In the event of improper performance of the contract, the Buyer is entitled to immediate termination of the contract.
16.4. Delivery and Acceptance
At the time of contracting, the Buyer and the Supplier will agree on the quality control and documentation requirements necessary for the product. If the acceptance of the product fails due to the Supplier’s fault, the cost of any required reinspection will be deducted from the subcontractor’s invoice. The cost of reinspection is HUF 25,000 per hour of inspection. The Buyer has the right to reject and return any product that, upon receipt, is found to contain defective raw materials or workmanship or does not conform to the Buyer’s order, documentation, specifications, general instructions, or samples. The Buyer also has the right to perform inspections either randomly or on the entire shipment. All stocks that do not meet the requirements of the sampling inspection will be subject to 100% inspection, and the costs will be borne by the Supplier. The Buyer has the right to return any quantity of products that are found to be defective (either in part or in whole) for inspection and repair by the Supplier at the Supplier’s expense. The Supplier is obligated to include a copy of the measurement protocol for final acceptance in the shipping documents, and the properly marked product must be delivered accordingly. Final acceptance does not relieve the manufacturer of product liability for any later claims arising from hidden defects or defects not detected during acceptance. The delivery of the entire quantity of the ordered product(s) will take place at once, unless the parties have agreed on a schedule that has been jointly accepted. The same provisions shall apply to partial deliveries. The Buyer is only obligated to accept those products that the Supplier has offered in compliance with the above conditions, either in full or according to the agreed schedule. The Buyer has the right to set deadlines for the rectification of deficiencies. However, setting these deadlines does not release the Supplier from penalty payment obligations stipulated in this contract. The place of delivery and acceptance is as specified in the contract. Unless otherwise specified in the contract, ownership of the product transfers to the Buyer when the product’s price has been paid to the Supplier. During the period between manufacturing or procurement and handover (delivery), the Supplier is responsible for the protection of the product.
16.5. Packaging and Financial Settlement
The product must be packaged and protected in a way that ensures they are suitable for transportation and remain in a protected condition. These costs are the responsibility of the Supplier, just like any additional costs resulting from non-compliance.
16.5.1. Financial Settlement Schedule
The schedule for invoicing should be specified in the contract. If the Contracting Parties do not agree on the invoicing schedule (technical content, amount, timing) in the contract, the Buyer considers that the Supplier is entitled to submit a single invoice (final invoice) after the successful completion of the handover. Invoices for continuously supplied products can be issued every 2 weeks or longer. The following documents must be attached to the invoice: delivery notes signed by the Buyer. The calculation of payment deadlines begins from the date when the invoices arrive for invoice verification, and they are only valid if the Contractor submits all necessary settlement documents, the invoice is correctly filled out, it includes the certification of the relevant supply manager or production manager, it references the Buyer’s contract number, and the invoice details match the Buyer’s requirements. In the absence of these conditions, the Buyer will not accept the invoice and will return it to the Supplier without payment. In general, payment of invoices is made 30 days after the acceptance of the invoice. In case the Supplier requests it, payment can be made with a 2% discount within 8 days or with a 1% discount within 15 days. If the Buyer misses the above payment deadlines, the Supplier is entitled to claim late payment interest. The annual rate of late payment interest is determined in accordance with the applicable Civil Code. The Supplier must indicate their request for a discount when submitting the invoice. If the Supplier fails to do so, the discount cannot be claimed at a later date.
16.5.2. Place of Invoice Submission
By mail or in person by the Supplier:
projekt h2o hungária kft
2071 Páty
Várhegyi utca 18
(Tax ID: 14989210-2-43)
(The Buyer’s information must match the Buyer’s data specified in the contract.)
The date of contractually compliant payment (date of fulfilment) shall be considered the day on which the amount of the invoice is debited from the Buyer’s bank account (debit day). The Buyer has the right to set off any due claims against the Supplier’s outstanding liabilities for any reason. The Supplier accepts this by confirming the order sent by the Buyer. Incorrectly issued invoices or delayed payment cannot be used by the Supplier as a basis for claiming late payment interest against the Buyer.
16.6. Warranty and Guarantee
The Supplier is responsible for warranty and liability for defects (warranty) regarding the products supplied by them. This means that the product must have the properties defined in standards, laws, and the delivery agreement at the time of performance, i.e., it must meet the intended purpose for which it was manufactured, including any specific purposes of which the Supplier was aware or should have been aware. The warranty period is 2 years as agreed upon by the Contracting Parties; however, if a legal requirement, regulatory authority regulation, standard, or technical requirement determines a minimum usability (mandatory suitability) period longer than 2 years, this period will apply for warranty claims. The Supplier is obligated to commence repair or replacement within 24 hours of receiving notice of the defect and to inform the Buyer about the measures taken. If the Supplier fails to fulfil this obligation, the Buyer is entitled to apply a price reduction, perform or have the defect rectified at the Supplier’s expense, or withdraw from the contract. The Buyer may claim damages arising from defective performance against the Supplier. This is done by invoicing the repair cost to the Supplier, including any penalties, or by withholding it from the Supplier’s claim using offsetting. The enforcement of penalties does not exclude the recovery of damages exceeding the penalty from the Supplier.
16.7. Transportation
If the transfer of the product takes place at the Supplier’s premises, the Buyer or the transporter bears the costs related to transportation and the risk of damage during transportation. If the transfer of the product takes place at the Buyer’s premises, the Supplier or the transporter bears the costs related to transportation and the risk of damage during transportation. Transportation must comply with the applicable Hungarian laws and regulations. The right of ownership and control over the products pass to the Buyer at the delivery destination specified as the place of performance, immediately upon complete unloading or loading of the product, concurrently with the handover and acceptance. If the transfer of the product occurs in stages or phases, ownership and control over the product for each delivery stage will pass in accordance with the provisions specified in this section. The transportation of raw materials and semi-finished products provided by the Buyer, as well as the transportation of finished products from the Supplier to the Buyer, will be carried out by the Buyer using their own or rented transportation equipment if it is done within the agreed time and with the quantities specified in the contract. The cost of late deliveries or deliveries of smaller quantities than specified in the contract will be invoiced by the Buyer to the Supplier. In case of a shortage of the Buyer’s transportation capacity, the Supplier is obliged to immediately replace it using their own or rented transportation equipment and invoice the transportation cost to the Buyer.
16.8. Penalty, Delay
In the event of a delay in performance for which the Supplier is responsible, the Supplier is obligated to pay a penalty interest at a daily rate of 1%, with an upper limit of 20% of the contractor’s fee. The amount of the penalty interest is deducted from the partial or final invoice (it is taken into account in their total amount). Penalty interest is also applicable to partial performance deadlines. If the Supplier’s delay attributable to them exceeds 7 calendar days compared to the jointly agreed schedule, and despite written notice from the Buyer, the Supplier does not rectify the delay, the performance must be considered as frustrated due to the Supplier’s fault (the performance has become impossible due to a reason attributable to the obligated party), and the Buyer, without the need to prove harm, has the right to withdraw from the contract or terminate it. In this case, the Buyer is entitled to charge the Supplier an all-inclusive compensation of 10% of the value of the alternative supply performed or the value of their own production or procurement, as well as additional costs, and to invoice it to the Supplier or withhold it from the Supplier’s due claim. The Buyer’s right to withdraw or terminate the contract may also be exercised if bankruptcy or liquidation proceedings are initiated against the Supplier, if there is a change in the ownership structure within the Supplier’s company, or if other circumstances arise – attributable to the Supplier – that obviously hinder or frustrate the contract’s proper performance or harm the Buyer’s economic interests. In such cases, the Supplier is obliged to pay the aforementioned costs and compensation. Penalties for partial performance deadlines cannot be reclaimed even if the final deadline is met. The Buyer is entitled to claim their proven damages exceeding the penalty from the Supplier. In case the Buyer fails to meet the material supply deadline specified in the contract, the Supplier’s performance or penalty calculation deadline will be extended by the same number of business days as the delay in material supply.
16.9. Other Terms
These contractual terms become part of the delivery contract through the Supplier’s acceptance declaration and/or the Buyer’s order confirmation. These contractual terms can only be validly modified or supplemented through a bilateral and formal agreement, while maintaining the formalities of the basic contract. The legal provisions related to the contract: in the points not covered in this contract, the Civil Code and the provisions of the currently applicable Hungarian laws are applicable. Disputes between the Contracting Parties will be resolved amicably. Depending on jurisdiction, the Contracting Parties submit to the exclusive jurisdiction of the court with jurisdiction over the Buyer’s registered office. The Buyer reserves the right to make documentation changes during the contract performance period. The contractual consequences of this will be mutually agreed upon by the Contracting Parties. The Supplier guarantees to the Buyer that all materials contained in the products delivered by them comply with legal requirements, are not prohibited, and their presence (where necessary) is clearly indicated. Upon request by the Buyer, the Supplier shall confirm the RoHS compliance of the materials they have procured. During the production or procurement of the product, the Supplier is obligated to accept and adhere to the general technological instructions developed and provided by the Buyer. When commencing one-time production, the Supplier is obliged to verify the conformity of the manufacturing equipment (devices) and tested Equipment provided by the Buyer for reproducible production. After the production is completed, the return of these equipment to the Buyer’s premises can only take place in a condition that is ready for production, in a state protected from damage.
16.10. Contract Suspension
The Buyer has the right to suspend the contract if their customer suspends their contracting agreement for any reason. In such a case, the Buyer is obliged to inform the Supplier in writing without delay. Based on the situation, the Contracting Parties will coordinate their positions.
16.11. Termination
The Buyer is entitled to terminate the supplier agreement even beyond what is stipulated in the law and these terms if, for any reason, the operation ceases for more than two weeks (including in cases of force majeure). The Buyer is also entitled to terminate the contract if the Supplier breaches the contract or if significant quality objections are raised by the Buyer, and the Contracting Parties cannot reach an agreement on their resolution.
16.12. Confidentiality
The Supplier is obliged to treat all documents, written and other business information received from the Buyer as a business secret and take all necessary measures to prevent third parties from accessing or becoming aware of them. The Supplier is responsible for ensuring that their employees and potential external contractors comply with the confidentiality obligations. All damages arising from non-compliance with this clause must be compensated by the Supplier to the Buyer. The Supplier undertakes not to enter into direct negotiations and agreements, or provide quotes to the Buyer’s customers, either directly or indirectly through third parties, for products that are identical to the Products supplied by the Supplier to the Buyer, within 3 (three) years, but at least 5 (five) years from the date of signing this agreement or from the date of the last delivery (performance) under the contractual relationship established as a result of negotiations, whichever is later. If the Obligated Party breaches their obligations specified in this confidentiality agreement, whether it be the confidentiality obligation or the prohibition relating to the Buyer’s customers, it shall constitute a serious breach of contract, for which the Supplier undertakes to pay a penalty to the Buyer, the amount of which is in each case HUF 3,500,000 (three million five hundred thousand Hungarian Forints). In addition to the Penalty, the Buyer may also enforce claims for damages exceeding the Penalty.
16.13. Supplier Declaration The Supplier declares that they are authorized to carry out the activities covered by the contract, and they, their employees, and their agents possess the necessary expertise, qualifications, any required licenses, and permits. The Supplier expressly declares that they have satisfactory information about the order, are aware of the requirements of the commitment related to the subject of the contract, its complexity, and quantity, and have accepted the order with full understanding of these details. The Supplier cannot make additional claims or requests for changes in deadlines based on a lack of information. By acknowledging each purchase order, the Supplier affirms that they have read, understood, and accepted these General Contractual Terms and Conditions of the Buyer.