General Terms and Conditions of Business of Marzek Kner Packaging Kft.

1. Price offers

Price offers are valid for 30 days.

Purchase orders or placed orders shall only be considered accepted if they are confirmed in writing. The order confirmation shall prevail over the content of the supply contract. This shall apply even if the order confirmation differs from the content of the order unless the Customer objects to the contents of the order confirmation in writing within two days of receipt of the order confirmation. In cases where the order is executed without confirmation, the contents of the invoice shall prevail. The Supplier reserves all rights to accept orders in part or reject them in their entirety. If there is a statutory increase in wages, or an increase in the price of materials or there are other general price increases between the time of the submission of the price offer or the conclusion of the contract and the actual delivery, the prices offered shall be increased accordingly and the Customer agrees to accept them.

In case of online orders, a preliminary order confirmation shall be sent by e-mail, but the order shall only be considered accepted upon receipt of the order confirmation in the form of an invoice. In case of any possible discrepancies between the contents of the order confirmation/invoice and the order, complaints shall be made immediately, but no later than two working days after receipt of the order confirmation/invoice, otherwise the contents of the order confirmation/invoice shall be deemed accepted.

The right of modification or withdrawal cannot be exercised when ordering custom-made products online. If the Customer requests modifications after the order has been placed, the Supplier reserves the right to reject the modifications or the entire order and to invoice the additional costs incurred.

 

2. Invoiced price

The invoice shall be issued upon acceptance of the order or after the (even partial) delivery or storage. Unless otherwise agreed, additional work, colour matching, author's proofreading and ancillary work that can be proven to have been carried out in the course of the execution of the order shall be invoiced on the basis of the costs. The Customer shall also bear any other fees and costs. Delivery costs can be invoiced separately, too.

 

3. Payment terms

Unless otherwise agreed by the Parties, invoices shall be paid within 21 days of the date of issue without deductions.

For bank transfers, the invoice number shall be indicated in the customer details/ID field.

Payable to: Marzek Kner Packaging Kft.

EUR transfer IBAN: HU27 1040 2609 5052 6689 6851 1004

HUF transfer IBAN: HU32 1040 2609 5052 6689 6851 1011

The Customer may not offset their claims against the amount to be paid. In the event of late payment, late payment interest of 1.5% per month, unless the Supplier incurs higher costs as a result,  plus €20 per legitimate demand for payment and other pre-litigation collection costs, in particular the costs of the collection agency, will be charged. Bills and cheques are not accepted. All fees for the payment transaction are borne by the Customer. If a significant deterioration in the Customer's solvency becomes known, or in the event of late payment, the Supplier shall have the right to stop the work in progress or to make all unpaid invoiced amounts due, even in the case of partial performance and stored goods. The prohibition of assignment and all other contractual conditions concerning the assignment of receivables set out in the Customer's "General Terms and Conditions of Business and Purchasing" shall be deemed null and void.

 

4. Retention of title

The goods delivered remain the property of the Supplier until full payment of the invoice and may not be pledged or assigned for security purposes. The Customer is entitled to resell the delivered goods to third parties in the ordinary course of business until the retention of title is enforced. The Customer shall waive all claims against their clients and all ancillary rights in connection therewith in favour of the Supplier already upon conclusion of the contract, but shall be entitled to collect the money as long as not being in default with the Supplier. The Supplier shall have the right to notify the Customer's client of such assignment and/or to require the Customer to register the assignment. The Customer shall also provide the Supplier with all documents and information necessary to enforce these rights. The consent to the resale shall cease to be effective immediately upon the suspension of payment or the initiation or commencement of insolvency proceedings against the Customer's assets. If the Customer is in default of payment, if insolvency proceedings are initiated or commenced against their assets, or if the Customer fails to fulfil their other contractual obligations, the Supplier shall be entitled, at their own discretion, to demand the delivery of the goods, to remove them and/or to collect the claims assigned for security purposes, and to demand payment of all costs incurred, while maintaining the sales contract.

 

5. Packaging

The offer price includes the simple packaging of the printed products. Any additional requirements of the Customer will be invoiced separately if they are not included in the price offer.

 

6. Delivery deadline

The Supplier shall endeavour to meet the delivery deadline specified in the order confirmation. Delivery and adherence to the agreed deadlines are subject to the condition that no factors beyond the Supplier's control (e.g., force majeure, epidemics, pandemics, traffic restrictions, official regulations...) prevent delivery. The delivery deadline refers to the date when the goods leave the Supplier's premises. The Supplier shall have the right to modify the said delivery deadline if they do not receive the relevant order documentation, corrections or instructions from the Customer on time or within the agreed deadline. All additional costs of any delay for which the Customer is responsible shall be invoiced. The Customer shall only be entitled to enforce their statutory rights for failure to meet the delivery deadline if they have granted the Supplier at least three weeks' additional period in writing. The said period shall start to run upon receipt of the letter of formal notice by the Supplier.

 

7. Transport

The Customer shall bear the costs of transport from the plant, delivered in standard packaging. Delivery is always at the Customer's risk, even in the case of free delivery. Unless otherwise agreed, the Supplier shall determine the means of transport and the route of transport, but shall not be responsible for selecting the fastest and cheapest option. The Customer's special requests (e.g.: expedited delivery, special packaging, the use of a specific carrier) may be taken into consideration to the extent possible, subject to additional charges. Over- and under-deliveries are allowed up to a maximum of 20% for orders of less than 3,000 pieces, 15% for orders between 3,000 and 6,000 pieces and 10% for orders over 6,000 pieces, and will be charged pro rata to the agreed price. For orders placed via the online shop, the delivery methods and their costs listed on the website under "delivery costs" shall apply.

 

8. Claims

Normal deviations in size, colour (according to ISO12647-PSO), gluing, stitching, printing, weight (up to 5%) and other design deviations may not be grounds for complaint. Specification and tolerance agreements always cover only 97% of the number of copies delivered. Additional discrepancies, common in mass production, which may occur in about 3% of the number of copies, may not give rise to a complaint. Deviations in the quality of the paper, cardboard and other materials provided by the Supplier shall not be complained of if they are deemed acceptable in the subcontractor's terms of delivery, which shall be presented upon request, or if said deviations are based on deviations caused by printing technology in terms of proof and number of copies printed.

The samples provided by the Customer are only considered as a suggestion and shall not be deemed binding for the execution of the order.

The Supplier shall be notified of any complaints about recognisable defects or recognisably incomplete or incorrect deliveries in writing without delay.  Hidden defects shall be reported in writing within three months of delivery. In case of late notification of complaints or defects, the consignment (including hidden defects) shall be deemed accepted. The deficiency of a part of a consignment shall not result in a claim for the whole consignment. If the complaint proves to be well-founded, replacement products shall be supplied or the Supplier, at their discretion, shall credit the defective goods; however, in the case of quality defects, this shall only be done if the defective quantity is returned within two weeks of the defect being detected. No further guarantee remedies are available to the Customer. In no event shall the Supplier be liable for any damage caused by the Customer as a result of improper storage or handling of the Products. The Customer shall not be released from their responsibility to check the suitability of the materials offered for the processing purpose specified by them before the conclusion of the contract (by means of a processing trial). The Supplier shall not be liable for the suitability of the products delivered for the intended purpose.

 

9. Dimensions and dimensional differences for cartons and corrugated packaging

Unless otherwise agreed in writing, the internal dimensions specified in millimetres (in the following order: length x width x height) apply for all corrugated packaging. Minor dimensional deviations due to the specific nature of the material and its processing shall not be grounds for complaint. Different tolerances apply depending on the manufacturing process and the place of manufacture, information on which can be obtained from the Supplier. The sample is not produced under mass-production conditions, so the tolerance cannot be established on this basis.

 

10. Printed codes

The Supplier shall provide the imprint of the codes (e.g., barcodes, QR...) in the quality customary in the trade and in accordance with the state of the art. Beyond that, the Supplier cannot give any warranty. The Supplier shall not be responsible for the readability of the codes if the Customer imposes conditions in this respect (e.g.: reduced white space around the code, choice of colour, magnification factor, etc.). We cannot make any definitive statements on readability, in particular with regard to the readability with help of cash registers used in commerce, in the absence of a standardised measurement and reading technique. On the basis of the printing process, we cannot guarantee e.g., CEN [European Committee for Standardisation] quality classes A and B. EAN-8 and EAN-13 codes can only be printed on corrugated paper from size SC8. For other code types, we cannot make general statements because readability is related to encoding.

 

11. Contract documents, materials and data provided

We shall not be liable for any manuscripts, sketches, reproductions, clichés, provided materials, samples and other documents, even if they have been prepared by the Supplier or their assistants.

The Supplier shall have the right to make alternative use of any auxiliary materials not transported within four weeks of the notice.

The Supplier shall have no obligation to verify the materials, tools and printing equipment provided by the Customer, such as the typesetting, samples, prints, data carriers, films, die-cutting tools, etc. and to give warnings in connection with them; the Supplier shall not be liable for any defects in the materials and printing equipment provided directly or indirectly by the Customer and in connection with them, or for defects in the final product which are related to the incorrectly provided data. In particular, in the case of data carriers made available or data transferred, the Supplier shall no longer check the correctness or completeness of the form and content of the data (images, texts) saved. This applies, for example, to spelling, copyright, competition law, regional and national regulations in force in Austria and other countries related to the product. The Supplier shall not be liable for the legal and standard conformity of the design and data, even if the Supplier itself or its fulfilment partners produce the design or data. If the Customer explicitly requests the verification, a separate invoice will be issued for this and for the necessary corrections.

 

12. Receipt of digital data from the Customer

Among the data, the Customer shall provide the character set (name of the font, creator, version number), a final print and colour proof, and a detailed list of the data transferred on the media or otherwise (name, folder, date, time). If the Customer does not provide a final print and colour proof or a detailed list of the data, the Supplier shall provide these and invoice them separately to the Customer. In order to avoid errors, the Customer shall clearly indicate the following information on the print: the "location" of images and texts; special effects such as superimposition, distortions, special colours (precisely defined according to the HKS or Pantone scale) and colour transitions; format (with and without trimming); screen resolution and printing process. To avoid quality degradation, colour images and graphics shall be sent as CMYK files. In any other cases, the time spent on converting the RGB file to CMYK and post-processing will be invoiced separately. The Customer warrants that they will only use an approved font for the creation of the medium. The Supplier shall be entitled to invoice the costs associated with the receipt, verification, archiving, storage and outward transmission of the data and other contractual documents provided.

 

13. Ownership

The data, sketches, typesetting (films and media), reproductions, printing plates, clichés, die-cutting tools and other auxiliary materials prepared or purchased by the Supplier for the purpose of the production process shall remain the property of the Supplier, even if the Customer has paid the price for such works. They may be used by the Customer only for the expressly agreed purposes.

 

14. Special or additional services

Editing and proofing charges are invoiced separately and are not included in the delivery prices. The same applies to any special, unusual requests, such as colour matching, finishing and assembly of printed material. All samples and sketches prepared at the Customer's request shall remain the property of the Supplier and shall be invoiced, even if the order is not fulfilled. Consultancy will be invoiced according to the expenses incurred.

 

15. Typesetting and printing errors

The proofs made available shall be carefully checked by the Customer with regard to the text, images, positioning, colour separation, etc. A proof with clearly marked corrections shall be signed and sent back to the Supplier. Defects will be corrected free of charge if they are attributable to the Supplier. Other modifications made to the original proof will be invoiced in proportion to the time spent (author's correction). For German spelling, the latest edition of Duden is the definitive guide. The Supplier shall not be liable for texts, symbols and special characters in foreign languages, even if the Supplier is entrusted with the typesetting. We shall not be liable for printing and finishing errors that the Customer has overlooked in the proofs declared ready for printing. In the case of changes ordered by telephone, handwriting (if clear) or verbally, we are not responsible for the correctness of the change.

 

16. Storage

If the parties expressly agree to the temporary storage at the Supplier's premises, the Supplier shall not be liable for any loss or damage to the goods during storage, except in case of wilful misconduct or gross negligence. The Supplier shall not be obliged to take out insurance to cover the risks relating to the goods in storage. The Customer is obliged to accept the delivery of the demanded items on the agreed date. If the deadline, which is no later than six months after production, is exceeded, the remaining quantity may be invoiced immediately and/or delivered without a demand for delivery. If the stored goods are no longer fit for their intended use (e.g., if they have exceeded their shelf life), they may be destroyed or disposed of without further notice and at a charge. If the agreed storage period is exceeded, but from the 7th month after production at the latest, the storage costs shall be invoiced at a rate of up to 1% of the value of the goods in storage per month.

 

17. Copyright and distribution rights

If the Supplier is the owner of the copyright and intellectual property rights on the printed products or components delivered, the Customer shall, upon acceptance of delivery, acquire only the non-exclusive rights necessary for the distribution of the products delivered by the Supplier. The distribution right is limited exclusively to the contractual use within the agreed limits (number of copies, time and territorial restrictions, etc.); in case of doubt, the scope of use indicated on the invoice or delivery note shall prevail. In each case, the Customer acquires only as many rights as are necessary to achieve the purpose set out in the contract or the order placed. Unless otherwise agreed, the distribution right applies only to a single publication (in one edition) and only to the express print medium (e.g., label) specified and stipulated by the contracting parties, and not to (additional) advertising purposes. If the Supplier makes data, sketches, drawings, etc. available to the Customer, these shall remain the property of the Supplier and, unless expressly otherwise agreed in writing by the parties, shall be used exclusively for the Customer's internal purposes, shall not be published and shall not be disclosed to third parties or made available to third parties. Otherwise, the rights of use, in particular the reproduction rights, shall remain the property of the Supplier. Only the Supplier is entitled to use the reproduction means (typesetting, data carriers, films, etc.) and printed products produced by the Supplier for the production of reproductions. The Supplier is not obliged to hand over reproduction means of this kind. The Customer shall check whether they have the right to reproduce the prints or to use them in any other intended way, and whether they are lawful. In this respect, the Supplier shall have no other verification or warning obligation related to the copyright or contents. In case of non-compliance, the Supplier shall indemnify and hold themselves harmless.

 

18. Conformity of subjects

The Supplier shall not be liable for the legal conformity of the subjects or corrections and drafts, even if they are produced by Marzek Kner Packaging Kft. This applies in particular, for example, to copyright, competition law, regional, national or international (discrimination) rules related to the product in Hungary, Austria and other countries, etc. Any reservations, limitations and remarks of the Customer in this regard, in particular in the case of proof approval shall not be considered valid and shall therefore not be taken into account.

 

19. Damage claims by the Customer

Claims for damages by the Customer are excluded, in particular for delay, impossibility of performance, positive breach of contract, errors committed at the time of conclusion of the contract or unauthorised acts, unless they are based on intent or gross negligence. In any case, compensation for consequential damages due to defects, other consequential damages, loss of profit and damages in connection with third party claims are excluded. The Supplier, as well as the pre-suppliers and suppliers, shall not be liable for any material damage caused to a contractor due to a defective product. The Customer shall also pass on this exclusion of liability to their clients. If a product liability claim is made against the Customer, the Customer waives their right of recourse.

 

20. References

The Customer agrees that the Supplier may use and publish the business relationship with the Customer and the goods produced for the Customer as a reference and for advertising purposes.

 

21. Agreements

All transactions between the Customer and the Supplier shall be subject exclusively to these General Terms and Conditions of Delivery and Payment. By placing the order, the Customer shall accept these General Terms and Conditions of Delivery and Payment. Any terms and conditions of the Customer other than the Supplier's terms and conditions or dispositive legal provisions shall only be valid if expressly accepted in writing. This applies to any future business transactions, even in the context of ongoing business relationships. The Supplier's silence in relation to the terms and conditions of business sent by the Customer shall never be considered as consent, even if they do not expressly object to them in the future. Under the Consumer Protection Act, consumers shall only be subject to these conditions if these do not conflict with the said Act. Agreements other than or additional to these General Terms and Conditions of Delivery and Payment shall be made in writing. Should any provision of these General Terms and Conditions of Delivery and Payment become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.  The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

 

22. Data Protection

The seller has the right to store, transmit, modify and delete the buyer's personal data in the course of business transactions.

 

23. Place of performance and jurisdiction

The premises of the Supplier in Békéscsaba shall be considered as the place of performance. Depending on the nature of the transaction, the competent court shall be the court having jurisdiction over the Supplier's place of business in Békéscsaba. For export transactions to countries that recognise international arbitration, the Vienna International Arbitration Court of the BWK [Federal Economic Chamber] is accepted as the competent court. The Supplier shall have the right to apply to the competent court at the place of its registered office in Békéscsaba or the competent court at the place of the Customer's registered office.

 

24. Applicable legislation

The legal relationship with the Customer shall be governed by the Hungarian Civil Code and the Hungarian law supplementing it.

Status: 01/07/2022