1.1. These general terms and conditions of business form an integral part of every offer from the company Kerox Ltd. (seat: 2038 Sóskút, Kerox u. 1., commercial register number: 13 09 067537, hereinafter referred to as: “Company”) and all sales and other contracts concluded with the Company. Any general terms and conditions of business of any kind which contravene these terms and conditions of business are deemed to be invalid and legally ineffective.
1.2. Any deviations from these terms and conditions are only effective if expressly agreed in writing by the contractual parties.
2.1. Any offer made by the Company is non-binding and is a subject to technical modification and development. All technical documents remain the intellectual property of the Company; they may not be reproduced or forwarded to third parties without the prior written permission of the Company.
2.2. Public statements issued by the Company or an associated third party, in particular in advertising or in details provided with the products, are only deemed to be contractual content if they have been included in writing as part of the offer or where the offer makes an express reference to this.
3. Delivery periods and dates
Unless a fixed deadline has been expressly agreed, delivery periods are non-binding. In the case of an agreed modification to the contract, the Company is entitled to establish a new delivery date. The Company accepts no responsibility for any delays to delivery caused by third party negligence. In these cases, the other party is not permitted to withdraw from the purchase, and claims for damages will not be accepted.
4. Reservation of proprietary rights
4.1. The Company reserves the title of ownership of all goods supplied by the Company until full payment of all obligations by the buyer. These goods are not allowed to be sold by the buyer until full payment is made to the Company.
4.2. If the full price is not paid by the buyer to the Company within the agreed deadline, the Company is entitled to ask for return of such goods. In this case, the cost of return shall be borne by the Buyer together with any cost of the Company that arose from the non-payment (including legal fees).
5. Terms of Limited Warranty
5.1. The Company offers a Limited Warranty for customers and end consumers with the present terms. The Limited Warranty only includes the ceramic cartridge, and excludes demands based on defects of the faucet. The Complaint Handling Procedural Rules shall be applied to the process of issuing the Limited Warranty.
5.2. The Limited Warranty is valid for 10 years after the product is purchased by the customer or by the end consumer. The date of purchase must be validated with an original invoice.
5.3. The Company may demand give written proof from the customer or end consumer that the product was correctly installed and commissioned in accordance with the installation instructions and that it was serviced annually. The Limited Warranty is only valid in case the instructions were fully met and annual maintenance was performed. It is the customer’s or end consumer’s obligation and cost to return the product to the Company to the following address: 2038 Sóskút, Kerox u. 1., Hungary.
5.4. The Limited Warranty is only valid if the product has a defect which is by no doubt caused by wrong manufacture of design made exclusively by the Company. The Company is not responsible for any defects arising from improper installation, use or maintenance.
5.5. After receiving the defected Product, the Company examines it and runs the necessary tests in its laboratory. The Company is allowed to dissemble any Products during this inspection.
5.6. The Limited Warranty only includes an obligation to replace the defected product produced. Any other damages, costs or other demands (including shipping costs from the customer or end consumer to the Company, compensation, accidental, consequential or any other damages caused by the defected product etc.) shall be excluded. The Company’s only obligation is to replace the Product or perform its duties as stipulated in section 5.7.
5.7. In case the Company no longer produces the defected product by the time the warranty is enforced, the Company – according to its choice – shall offer a supplementary product or a general compensation equal to the wholesale value of the defected Product determined by the Company.
6. Deduction, assignment
6.1. Invoices of the Company shall be paid without any deduction.
6.2. Demands against the Company shall not be assigned to third persons.
7.1. The competent courts according to Hungarian law (District Court of Buda and Budapest Environs Regional Court) shall have jurisdiction in any dispute arising directly or indirectly from a contract signed with the Company – including with regard to the legality of any events taking place within the scope of contractual relations where the Company is a contractual partner.
7.2. Hungarian law shall apply to all contractual relations– including with regard to the legality of any events taking place within the scope of contractual relations where the Company is a contractual partner.
Budapest, 31. October 2014.
Complaint Handling Rules
1.1. These rules of procedure shall form an integral part of any offer made by Kerox Kft. (registered office: 2038 Sóskút, Kerox u. 1., hereinafter referred to as: the “Company”), and any sales or other contract concluded with the Company. Any general terms and conditions of contract that are contrary to these rules shall be invalid and not legally binding.
1.2. Any deviation from these rules shall be effective only if expressly agreed by the parties in writing in a contract concluded between them.
1.3. These rules of procedure shall apply to all complaints lodged against the Company, irrespective of the nature of the complaint.
1.4. The general terms and conditions of contract of the customer are excluded.
2. Lodging of complaints
2.1. The customer shall conduct a detailed inspection upon the arrival of the products. Any damage due to a packaging or transportation defect shall be recorded in writing in the minutes drawn up upon receipt.
2.2. Any other damage or deficiency shall be reported in writing to the Company without delay upon detection by the customer. A detailed description of the defect or deficiency shall be included.
2.3. The Company may request the customer to lodge a complaint by completing the form in Annex No. 1, and to send it to the e-mail address of the Company for complaint handling: email@example.com. All documents supporting the complaint (photos, minutes, etc.) shall be attached to the e-mail.
3. Investigation of complaints
3.1. After receiving the complaint, the Company shall give an initial response within 15 working days. The Company may request additional evidence via e-mail.
3.2. If deemed necessary, the Company shall be entitled to request the customer to return the products affected by the complaint at its own expense.
3.3. After receiving the products, the Company shall be entitled to examine them in its own laboratory. The Company shall be entitled to perform all necessary tests, and to examine and disassemble the products. The primary purpose of the laboratory tests is to reveal the cause of the damage, thus especially to examine whether the damage is due to a product defect, and whether installation and maintenance has been adequate.
4. Response of the Company
4.1. The Company shall give a final response after the examination of the product, within 30 working days from the receipt of the products.
4.2. The investigation can have two results:
a) the complaint is legitimate;
b) the complaint is not legitimate (rejected).
4.3. The Company may consider certain complaints legitimate for business reasons. If the Company declares a complaint legitimate, that shall not mean the acknowledgement of its responsibility.
5. Legitimate complaints
5.1. If the Company finds a complaint to be legitimate, it offers the following options:
5.1.1. The replacement of the product with a new product. If the Company no longer manufactures the product, it shall offer a substitute product compatible with the product to be replaced.
5.1.2. Full refund, if the Company is unable to replace the product. In that case the customer shall give its bank account number to the Company. The Company shall pay the refund within 15 days from receiving the bank account number.
5.2. Even if a complaint is legitimate, the customer shall not be entitled to offset it against the invoices of the Company. Any other damage, cost or other claim (including the cost of transportation from the customer or the end consumer to the Company, compensation, accident, consequential damage or other damage caused by the product) is excluded. The Company shall only be obliged to comply with the obligation specified in Section 5.1.
6. Rights of the customer
6.1. If the customer disagrees with the decision of the Company, it may request the Company to change it within 15 days. The customer and the Company shall make every effort to settle the dispute amicably.
6.2. Should the customer and the Company fail to reach an agreement within 60 days, the customer shall be entitled to turn to the competent court according to Section 7.
7.1. The competent courts acting under Hungarian law (Buda Central District Court and Budapest Environs Regional Court) shall have jurisdiction over any complaint arising from a contract concluded with the Company – including any event occurring in a contractual relationship to which the Company is a party.
7.2. Hungarian law shall apply to all contractual relationships – including any event occurring in a contractual relationship to which the Company is a party.
Budapest, 31. October 2014.