General conditions of sale

FOR THE BUSINESS PARTNERS OF VOLVEX KFT.

  1. Validity of the conditions
    • Volvex Kereskedelmi Kft. (hereinafter referred to as the "Service Provider") regulates the terms and conditions related to its services and product sales, the rights and obligations of the Service Provider and the person entering into or intending to enter into a contractual relationship with the Service Provider (hereinafter referred to as the "Customer") in these General Terms and Conditions of Sale (hereinafter referred to as the "GTC"). The contractual relationship between Volvex Kereskedelmi Kft. (hereinafter referred to as the "Seller") and the Customer shall be governed by the provisions of these GTC, unless otherwise agreed by the parties, in addition to the provisions of law which shall become part of the contract even in the absence of a separate agreement between the parties. The provisions of these GTC shall also apply to the parties' continuing business relationship.
    • In the event of an order for goods or services by the Buyer, whether on the basis of an offer by the Seller or by agreement between the parties, the general terms and conditions shall be deemed to be accepted, as expressly indicated in the document used to place the order. The General Terms and Conditions detailed below apply to all offers and sales of Volvex Ltd. which it undertakes to make to the Buyer and which the Parties have not otherwise agreed in a separate individual contract. Any terms and conditions of the Buyer contrary to these GTC shall only become part of the contract of the parties if expressly accepted in writing by Volvex Ltd. Non-rejection of conflicting terms and conditions shall not constitute acceptance thereof.
  2. Quotation, order, individual purchase order and reservation of rights
    • The customer's orders are binding on the customer. The sales agreement between Volvex Ltd. and the Customer shall be concluded if the Customer has accepted Volvex Ltd.'s offer in writing in whole or in part, or if Volvex Ltd. has confirmed the Customer's order in whole or in part, or if the contract for the delivery of the goods has been signed by the Parties in due form, or if the Customer has taken delivery of the goods against an invoice or delivery note.
    • The customer has the option to order product(s) not in stock or in a smaller quantity than usual (so-called individual purchase order), in which case Volvex may, however, request the payment of an advance of 50%, which will of course be credited to the purchase price subsequently, with the proviso that if the sales contract is not fulfilled for reasons attributable to the customer, Volvex may retain the amount of the purchase contract as a default penalty. In the case of products covered by a Single Purchase Order, once the deposit has been paid, the characteristics of the products specified in the order (e.g. quantity, size, colour, etc.) may no longer be modified (if they are, they shall be considered as a new order).The seller reserves all proprietary and patent rights to offers, drawings, samples and other documents.
  1. Prices
    • The prices stated in the price lists, offers and order confirmations of Volvex Ltd. for Customers who are not consumers are exclusive of VAT. Prices in EUR in publicly published price lists are valid until the deadline indicated on the price list. In all other cases, the prices quoted shall be valid for 30 days from the date of issue of the offer.
    • Prices do not include transport and insurance. Insurance against wind damage shall be taken out by the seller only at the express request of the customer. Additional deliveries or subsequent deliveries will be invoiced separately. Prices are quoted at the MKB Rt. EURO commercial selling rate valid on the day of ordering.
  1. Delivery and delivery time
    • The delivery period undertaken by Volvex Ltd. in the offer or delivery contract shall be understood as from the date of the written confirmation of the order or the issued offer by the Customer, unless a specific delivery period is agreed. If delivery or performance is delayed, in whole or in part, for reasons for which the seller cannot be held responsible, such as traffic disruption, strike, fire, water damage, power failure, breakdown, official measures, lock-out, shortage of materials or other force majeure, the seller shall be entitled to extend the delivery time for the duration of the impediment or to withdraw from the part of the contract not yet performed, in whole or in part. If the hindrance lasts for more than 15 days, the customer shall be entitled to withdraw from the part of the contract not yet performed after granting an additional extension agreed with Volvex.
    • If the delivery time is extended or the seller is released from his obligation, the customer cannot claim damages. Volvex Ltd. reserves the right to advance delivery in relation to the offered or confirmed deadline, subject to prior notification. Upon request, Volvex Ltd. will deliver or post the ordered goods against payment.
  1. Complaints and warranty (for non-consumer customers)
    • The customer is obliged to inspect the quality and quantity of the delivered products upon receipt. Volvex Ltd. accepts complaints regarding quantity and complaints regarding delivery of goods not in accordance with the contract upon receipt of the goods. Volvex Ltd. accepts quality complaints within 5 working days after receipt, or in the case of latent defects within the time limit stipulated in the relevant provisions of the Civil Code (company customers are entitled to a one-year warranty of delivery), on the basis of a written notification and on presentation of the relevant invoice and delivery note.
    • In the event of defective performance (i.e. if the product does not comply with the Contract or the law at the time of performance), the Buyer may claim a warranty claim against the seller within one year. In the event of a dispute between the parties as to whether there is a defective performance, the burden of proof shall be on the Buyer.
    • The Customer (not being a consumer), when asserting a warranty claim, unless otherwise agreed by the Parties:
      • at its option, demand repair or replacement, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for VOLVEX Kft compared to the fulfilment of the other warranty claim, taking into account the value of the service in its defect-free state, the seriousness of the breach of contract and the damage to the Customer's interests caused by the fulfilment of the warranty claim;
      • if Volvex Ltd. has not undertaken to repair or replace the goods or cannot fulfil this obligation within a reasonable period of time, or if the Customer's interest in the repair/replacement has ceased, the Customer may, at its option, request a proportionate reduction of the purchase price or withdraw from the Contract. There is no right of withdrawal for minor defects.

5.1 Volvex Ltd. shall not be liable for any accessory liability (it shall be exempted from its liability) if the Customer knew of the defect at the time of conclusion of the Contract or should have known of the defect at the time of conclusion of the Contract (e.g. in the case of purchase of a product with aesthetic defects, there is no place for a claim for accessory liability due to aesthetic defects).

  1. Risk taking

6.1 Unless otherwise provided in the order confirmation, the risk of damage to or loss of the ordered goods at the time of delivery shall pass to the carrier, the freight forwarder or the person otherwise responsible for the delivery or the representative of the customer. After the risk has passed to the customer, the customer shall bear the cost of any damage or loss caused.

  1. Warranty (or "guarantee" for non-consuming buyers)

7.1 Volvex Ltd. provides a 60-month self-renewal warranty (so-called contractual warranty, see Warranty Conditions for Non-Consumer Customers) for Becker tube motors. For Becker controls, the contractual warranty period is 24 months (the accessories warranty is 12 months). Volvex Ltd. will replace products that fail within the warranty period for reasons clearly attributable to the manufacturer free of charge with new products. The cause of the failure will be determined within 60 days on the basis of a report drawn up during an inspection at the product's factory in Germany. The buyer is obliged to accept the findings of the report. If the report indicates a failure attributable to a fault on the part of the buyer, any replacement products previously issued will be invoiced to the buyer. In the event of a failure due to a manufacturer's fault within the warranty period, the customer has the possibility to have the product replaced free of charge at the place of installation by filling in the service request form on the website of Volvex Ltd.

7.2 In the event of a failure due to the fault of the customer (which is included in the repair report), on-site replacement is possible at the cost indicated on the respective service request form. Outside the warranty period, replacement at the place of installation is only possible at Becker service points on the basis of the current price list and for a fee. All further provisions are available on the website of Volvex Ltd. The warranty voluntarily granted by Volvex on a contractual basis starts on the date of the invoice for the product. The basis of comparison in disputes is the serial number of Becker motors and controls. The warranty periods apply to products manufactured after 01 January 2008.

  1. Reservation of ownership

8.1 Volvex Ltd. shall retain title to the delivered goods until payment of the price and any additional charges, in accordance with the applicable provisions of the Civil Code. After the due date for payment of the purchase price, Volvex Ltd. may request the return of the goods delivered. Only the seller may carry out any processing or modifications without any obligation. In the event of access by a third party, in particular in the event of mortgaging, the customer must refer to the seller's ownership and notify him immediately so that the seller can exercise his ownership rights. As long as the third party is not in a position to bear the litigation and extra-litigation costs related to the connection, the customer shall be liable for them. In the event of a breach of contract by the customer, in particular in the event of late payment, the seller shall be entitled to require the customer to release the reserved goods or, where appropriate, to assign the customer's claims for release to a third party.

  1. Payment

9.1 Payment of the consideration for the goods shall be made against an invoice issued by Volvex Ltd. Volvex Ltd. reserves the right to invoice in instalments corresponding to the partial delivery. The method of payment shall be cash up to a net value of HUF 30,000, above which either cash or bank transfer shall be accepted. In case of transfer, the payment term is 8 banking days, unless otherwise agreed by the parties. In the event of late payment, Volvex Ltd. shall be entitled to charge interest on arrears at the annual rate of the prevailing base rate of the central bank + 10%.

9.2 In the event of a delay of more than 30 days after the expiry of the invoice, Volvex Ltd. reserves the right to suspend the performance of its contractual obligations towards the Customer until the debt is settled. Any claims arising within this period shall be settled by Volvex Ltd. against cash payment or advance payment. Volvex Ltd. will accept claims relating to the content of the invoice issued and received by the Customer until 8 days after the invoice has been issued, but no later than the date of departure from the cashier's office in the case of an invoice. For orders over HUF 8 million (net), 30% of the value of the order shall be paid in advance by the Buyer, the payment schedule for the remaining amount shall be set out in a separate written agreement between the parties.

  1. Wages and salaries

10.1 If the Buyer does not take delivery of the ordered goods delivered by Volvex Ltd. within 15 days of the date stated on the confirmation at the latest, Volvex Ltd. shall be entitled to withdraw from the delivery contract for reasons of loss of interest without compensation. If Volvex Ltd. does not exercise this right, it shall be entitled to invoice the value of the goods not taken over in the amount of 40% as a penalty for non-payment. The provisions of the payment clause shall also apply in this case. In the event of a delay in delivery, Volvex Ltd. shall, in the absence of other conditions, pay to the Buyer 0.1% of the net value of the contracted and overdue Goods for each additional day of delay after the expiry of the 15 days of delay, which shall be treated as reasonable. The maximum penalty for late payment shall not exceed 12%.

  1. Limited liability

11.1 Claims for damages on legal grounds - neither against the manufacturer nor against the person performing or assisting in the performance of the work or omission - may be asserted as long as there is no intentional or grossly negligent work or omission.

  1. Responsibility

12.1 The liability of Volvex Ltd. for damages shall, to the extent permitted by law, only cover damages resulting from its intentional or grossly negligent conduct. The end-user of the Volvex product shall have no claim for damages against Volvex if the damage was caused by the purchaser or its agent or by incorrect installation or improper use by the end-user. The amount of compensation shall not exceed the purchase price of the product purchased.

  1. Final provisions

13.1 Volvex Ltd. shall be entitled to unilaterally amend the provisions of these General Terms and Conditions at any time and for any reason. The amended provisions shall apply to orders placed after their entry into force. Volvex Ltd. shall inform its business partners of any amendments to the GTC.

Budapest, 31 January 2022.

Volvex Ltd.

General conditions of sale

FOR THE BUSINESS PARTNERS OF VOLVEX KFT.

  1. Validity of the conditions
    • Volvex Kereskedelmi Kft. (hereinafter referred to as the "Service Provider") regulates the terms and conditions related to its services and product sales, the rights and obligations of the Service Provider and the person entering into or intending to enter into a contractual relationship with the Service Provider (hereinafter referred to as the "Customer") in these General Terms and Conditions of Sale (hereinafter referred to as the "GTC"). The contractual relationship between Volvex Kereskedelmi Kft. (hereinafter referred to as the "Seller") and the Customer shall be governed by the provisions of these GTC, unless otherwise agreed by the parties, in addition to the provisions of law which shall become part of the contract even in the absence of a separate agreement between the parties. The provisions of these GTC shall also apply to the parties' continuing business relationship.
    • In the event of an order for goods or services by the Buyer, whether on the basis of an offer by the Seller or by agreement between the parties, the general terms and conditions shall be deemed to be accepted, as expressly indicated in the document used to place the order. The General Terms and Conditions detailed below apply to all offers and sales of Volvex Ltd. which it undertakes to make to the Buyer and which the Parties have not otherwise agreed in a separate individual contract. Any terms and conditions of the Buyer contrary to these GTC shall only become part of the contract of the parties if expressly accepted in writing by Volvex Ltd. Non-rejection of conflicting terms and conditions shall not constitute acceptance thereof.
  2. Quotation, order, individual purchase order and reservation of rights
    • The customer's orders are binding on the customer. The sales agreement between Volvex Ltd. and the Customer shall be concluded if the Customer has accepted Volvex Ltd.'s offer in writing in whole or in part, or if Volvex Ltd. has confirmed the Customer's order in whole or in part, or if the contract for the delivery of the goods has been signed by the Parties in due form, or if the Customer has taken delivery of the goods against an invoice or delivery note.
    • The customer has the option to order product(s) not in stock or in a smaller quantity than usual (so-called individual purchase order), in which case Volvex may, however, request the payment of an advance of 50%, which will of course be credited to the purchase price subsequently, with the proviso that if the sales contract is not fulfilled for reasons attributable to the customer, Volvex may retain the amount of the purchase contract as a default penalty. In the case of products covered by a Single Purchase Order, once the deposit has been paid, the characteristics of the products specified in the order (e.g. quantity, size, colour, etc.) may no longer be modified (if they are, they shall be considered as a new order).The seller reserves all proprietary and patent rights to offers, drawings, samples and other documents.
  1. Prices
    • The prices stated in the price lists, offers and order confirmations of Volvex Ltd. for Customers who are not consumers are exclusive of VAT. Prices in EUR in publicly published price lists are valid until the deadline indicated on the price list. In all other cases, the prices quoted shall be valid for 30 days from the date of issue of the offer.
    • Prices do not include transport and insurance. Insurance against wind damage shall be taken out by the seller only at the express request of the customer. Additional deliveries or subsequent deliveries will be invoiced separately. Prices are quoted at the MKB Rt. EURO commercial selling rate valid on the day of ordering.
  1. Delivery and delivery time
    • The delivery period undertaken by Volvex Ltd. in the offer or delivery contract shall be understood as from the date of the written confirmation of the order or the issued offer by the Customer, unless a specific delivery period is agreed. If delivery or performance is delayed, in whole or in part, for reasons for which the seller cannot be held responsible, such as traffic disruption, strike, fire, water damage, power failure, breakdown, official measures, lock-out, shortage of materials or other force majeure, the seller shall be entitled to extend the delivery time for the duration of the impediment or to withdraw from the part of the contract not yet performed, in whole or in part. If the hindrance lasts for more than 15 days, the customer shall be entitled to withdraw from the part of the contract not yet performed after granting an additional extension agreed with Volvex.
    • If the delivery time is extended or the seller is released from his obligation, the customer cannot claim damages. Volvex Ltd. reserves the right to advance delivery in relation to the offered or confirmed deadline, subject to prior notification. Upon request, Volvex Ltd. will deliver or post the ordered goods against payment.
  1. Complaints and warranty (for non-consumer customers)
    • The customer is obliged to inspect the quality and quantity of the delivered products upon receipt. Volvex Ltd. accepts complaints regarding quantity and complaints regarding delivery of goods not in accordance with the contract upon receipt of the goods. Volvex Ltd. accepts quality complaints within 5 working days after receipt, or in the case of latent defects within the time limit stipulated in the relevant provisions of the Civil Code (company customers are entitled to a one-year warranty of delivery), on the basis of a written notification and on presentation of the relevant invoice and delivery note.
    • In the event of defective performance (i.e. if the product does not comply with the Contract or the law at the time of performance), the Buyer may claim a warranty claim against the seller within one year. In the event of a dispute between the parties as to whether there is a defective performance, the burden of proof shall be on the Buyer.
    • The Customer (not being a consumer), when asserting a warranty claim, unless otherwise agreed by the Parties:
      • at its option, demand repair or replacement, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for VOLVEX Kft compared to the fulfilment of the other warranty claim, taking into account the value of the service in its defect-free state, the seriousness of the breach of contract and the damage to the Customer's interests caused by the fulfilment of the warranty claim;
      • if Volvex Ltd. has not undertaken to repair or replace the goods or cannot fulfil this obligation within a reasonable period of time, or if the Customer's interest in the repair/replacement has ceased, the Customer may, at its option, request a proportionate reduction of the purchase price or withdraw from the Contract. There is no right of withdrawal for minor defects.

5.1 Volvex Ltd. shall not be liable for any accessory liability (it shall be exempted from its liability) if the Customer knew of the defect at the time of conclusion of the Contract or should have known of the defect at the time of conclusion of the Contract (e.g. in the case of purchase of a product with aesthetic defects, there is no place for a claim for accessory liability due to aesthetic defects).

  1. Risk taking

6.1 Unless otherwise provided in the order confirmation, the risk of damage to or loss of the ordered goods at the time of delivery shall pass to the carrier, the freight forwarder or the person otherwise responsible for the delivery or the representative of the customer. After the risk has passed to the customer, the customer shall bear the cost of any damage or loss caused.

  1. Warranty (or "guarantee" for non-consuming buyers)

7.1 Volvex Ltd. provides a 60-month self-renewal warranty (so-called contractual warranty, see Warranty Conditions for Non-Consumer Customers) for Becker tube motors. For Becker controls, the contractual warranty period is 24 months (the accessories warranty is 12 months). Volvex Ltd. will replace products that fail within the warranty period for reasons clearly attributable to the manufacturer free of charge with new products. The cause of the failure will be determined within 60 days on the basis of a report drawn up during an inspection at the product's factory in Germany. The buyer is obliged to accept the findings of the report. If the report indicates a failure attributable to a fault on the part of the buyer, any replacement products previously issued will be invoiced to the buyer. In the event of a failure due to a manufacturer's fault within the warranty period, the customer has the possibility to have the product replaced free of charge at the place of installation by filling in the service request form on the website of Volvex Ltd.

7.2 In the event of a failure due to the fault of the customer (which is included in the repair report), on-site replacement is possible at the cost indicated on the respective service request form. Outside the warranty period, replacement at the place of installation is only possible at Becker service points on the basis of the current price list and for a fee. All further provisions are available on the website of Volvex Ltd. The warranty voluntarily granted by Volvex on a contractual basis starts on the date of the invoice for the product. The basis of comparison in disputes is the serial number of Becker motors and controls. The warranty periods apply to products manufactured after 01 January 2008.

  1. Reservation of ownership

8.1 Volvex Ltd. shall retain title to the delivered goods until payment of the price and any additional charges, in accordance with the applicable provisions of the Civil Code. After the due date for payment of the purchase price, Volvex Ltd. may request the return of the goods delivered. Only the seller may carry out any processing or modifications without any obligation. In the event of access by a third party, in particular in the event of mortgaging, the customer must refer to the seller's ownership and notify him immediately so that the seller can exercise his ownership rights. As long as the third party is not in a position to bear the litigation and extra-litigation costs related to the connection, the customer shall be liable for them. In the event of a breach of contract by the customer, in particular in the event of late payment, the seller shall be entitled to require the customer to release the reserved goods or, where appropriate, to assign the customer's claims for release to a third party.

  1. Payment

9.1 Payment of the consideration for the goods shall be made against an invoice issued by Volvex Ltd. Volvex Ltd. reserves the right to invoice in instalments corresponding to the partial delivery. The method of payment shall be cash up to a net value of HUF 30,000, above which either cash or bank transfer shall be accepted. In case of transfer, the payment term is 8 banking days, unless otherwise agreed by the parties. In the event of late payment, Volvex Ltd. shall be entitled to charge interest on arrears at the annual rate of the prevailing base rate of the central bank + 10%.

9.2 In the event of a delay of more than 30 days after the expiry of the invoice, Volvex Ltd. reserves the right to suspend the performance of its contractual obligations towards the Customer until the debt is settled. Any claims arising within this period shall be settled by Volvex Ltd. against cash payment or advance payment. Volvex Ltd. will accept claims relating to the content of the invoice issued and received by the Customer until 8 days after the invoice has been issued, but no later than the date of departure from the cashier's office in the case of an invoice. For orders over HUF 8 million (net), 30% of the value of the order shall be paid in advance by the Buyer, the payment schedule for the remaining amount shall be set out in a separate written agreement between the parties.

  1. Wages and salaries

10.1 If the Buyer does not take delivery of the ordered goods delivered by Volvex Ltd. within 15 days of the date stated on the confirmation at the latest, Volvex Ltd. shall be entitled to withdraw from the delivery contract for reasons of loss of interest without compensation. If Volvex Ltd. does not exercise this right, it shall be entitled to invoice the value of the goods not taken over in the amount of 40% as a penalty for non-payment. The provisions of the payment clause shall also apply in this case. In the event of a delay in delivery, Volvex Ltd. shall, in the absence of other conditions, pay to the Buyer 0.1% of the net value of the contracted and overdue Goods for each additional day of delay after the expiry of the 15 days of delay, which shall be treated as reasonable. The maximum penalty for late payment shall not exceed 12%.

  1. Limited liability

11.1 Claims for damages on legal grounds - neither against the manufacturer nor against the person performing or assisting in the performance of the work or omission - may be asserted as long as there is no intentional or grossly negligent work or omission.

  1. Responsibility

12.1 The liability of Volvex Ltd. for damages shall, to the extent permitted by law, only cover damages resulting from its intentional or grossly negligent conduct. The end-user of the Volvex product shall have no claim for damages against Volvex if the damage was caused by the purchaser or its agent or by incorrect installation or improper use by the end-user. The amount of compensation shall not exceed the purchase price of the product purchased.

  1. Final provisions

13.1 Volvex Ltd. shall be entitled to unilaterally amend the provisions of these General Terms and Conditions at any time and for any reason. The amended provisions shall apply to orders placed after their entry into force. Volvex Ltd. shall inform its business partners of any amendments to the GTC.

Budapest, 31 January 2022.

Volvex Ltd.

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