General business terms
The below Business Terms are valid for services by Oriental xPress Ltd. that are used by Client. Departure from the Business Terms is permitted only upon a written agreement. The content of the document is valid until further modification or withdrawal.
Issues that are not regulated in the present document are subject to the prevailing legal directions.
2. Order, contractual relationship
Contractual relationship is formed between Oriental xPress Ltd. and Client if:
The quotation of Oriental xPress Ltd. is acknowledged by Client in written form, with unchanged content within 15 days from the receipt of quotation (‘Order’). Online Order can be issued only by registered clients. In case Client acknowledges the quotation after 15 days, Oriental xPress Ltd. is entitled to send another quotation to Client updated according to the changes of market conditions including but not limited to changes in delivery costs, basic material costs, and currency exchange rates.
Order is acknowledged by Oriental xPress Ltd. in written form within 24 hours. Oriental xPress Ltd. will not be responsible for any fault due to email errors.
Oriental xPress Ltd. will not undertake any obligation until the formation of a contractual relationship. Client’s rights arisen from contract can only be granted to third party with the preliminary approval of Oriental xPress Ltd. The formation of contractual relationship is not automatically followed by the commencement of production. The terms of commencement are:
- delivery of materials to Oriental xPress Ltd. happened
- deposit is paid by Client according to Payment Terms.
- in case the cancellation is done before the production commences, Client is to pay the deposit agreed in the Payment Terms
- iin case the cancellation is done after the production commenced, Client is to pay the whole purchase price as agreed in the Payment Terms.
3. Accomplishment of Order
Oriental xPress Ltd. undertakes the obligation of performing the Order in accordance with the present Business Terms.
The purchase price quoted in the Order is a net price that includes production, packing, and delivery.
Oriental xPress Ltd. will take the consequences of the changes in market prices (basic materials, delivery, currency exchange rates) that occur during the performance of Order, excluding the shift of consequences on to Client stated in the present document. Oriental xPress Ltd. will not accept the responsibility for late completion of Order due to unforeseeable and/or unavoidable reasons including but not limited to strike, natural disaster, official measures, traffic congestions.
The receipt of product is to be done according to Delivery Terms. Oriental xPress Ltd. maintains its proprietary rights over the delivered product until the payment of remaining indebtedness is done by Client.
4. Terms of Payment
On formation of the contractual relationship Client undertakes the obligation to pay the deposit within 7 calendar days, which amount is 30% of the net price of Order. Manufacture of product that is the object of Order will start upon reception of deposit from Client. Client undertakes the obligation to pay the production price – reduced with the amount of deposit – to Oriental xPress Ltd. within the deadline stated in the invoice that is delivered with the manufactured product.
Payment is done according to the method agreed in Order.
Day of payment is the day when the purchase price – and the deposit – is credited to the bank account of Oriental xPress Ltd. or when the cash worth of purchase price is paid to Oriental xPress Ltd.
In case of default in payment, all pending claims towards Client will fall due. In case of due payment, Client is to additionally pay the double base interest rate of the Central Bank. In case of default in payment, Oriental xPress Ltd. is legally entitled to suspend the manufacture of all Orders by Client, or tie it to other guarantees until payment is done. Upon default in payment, Oriental xPress Ltd. is legally entitled to cancel the Contract and demand compensation from Client.
Oriental xPress Ltd. will deliver the product to Client’s site. Parties agree that receipt of the manufactured product is done in the presence of Shipping Agent, and in case of packaged units, at least 10% of these are to be opened and checked by Client. Client is entitled to check the quantity and quality of the whole delivery.
6. Disputed Items
Client is entitled to raise objections against the commenced Order. The complaint is to be sent to the Customer Service of Oriental xPress Ltd. in written form on receiving the invoice before its due-date. Oriental xPress Ltd. is to investigate the complaint and take the necessary steps except if the complaint is issued after the due-date stated above. In case of a complaint, Oriental xPress Ltd. is reliable only for those damages that are indisputably determinable, proved indirect losses caused by Oriental xPress Ltd. In case of a justified and rightfully founded complaint, Oriental xPress Ltd. is bound to subsequent or supplementary service without further financial compensation. In the above case, the supplementary service is free of charge, is to be done without a new contract but in accordance with the conditions agreed in the original contract.
Oriental xPress Ltd. will not be liable for any faults due to the errors of electronic mailing.
7. Change and cancellation of Contract
Client can cancel the Contract according to the following conditions:
Cancellation of contract is to be done in written form.
8. Other Conditions
Should disputable issues rise, Parties will attempt to primarily deal with these through negotiation and mutual agreement in a peaceful way. Should this method not lead to agreement, the dispute is subject to Hungarian Law. All legal dispute falls under the exclusive orders of the Capital Court.
Valid from 12 February 2009