Regarding the services provided by K.T.K. Diamant Kft.
1 K.T.K. Diamant Építőipari Szerelő, Szolgáltató és Kereskedelmi Korlátolt felelősségű társaság - short company name: K.T.K. Diamant Kft.; company registration number: 05-09-006464; seat: 3561 Felsőzsolca, Bartók B. u. 63., tax number: 11582979-2-05; statistical code number: as a business organization registered in Hungary (hereinafter: Contractor) in its contractual relations it uses the General Terms and Conditions below (hereinafter: GTC).
2 The GTC is available at the seat of K.T.K. Diamant Kft. in a printed copy and on the website of the company at the following link: http://ktkdiamant.hu/altalanos-szerzodesi-feltetelek. The Contractor's goal with this is to inform the Customers, principal contractors about the GTC applied by the Contractor.
3 The GTC regulates the legal relationship between the K.T.K Diamant Kft. (as Contractor) and the Customers, Principal Contractors developing contractual relation with Contractor. If the (Sub)Contractor Agreement does not contain explicitly contrary provision, then the provisions of the (Sub)Contractor Agreement must be interpreted and applied together with the GTC. The Agreement consists of the (Sub)Contractor Agreement, the GTC and its annexes.
II Contracting and purchasing
1 The Customer accepts the present GTC as part of the Agreement at same time of placing the order in oral or written form.
2 One can deviate from the present GTC if the Parties explicitly agree on this.
3 Every previous agreement or business correspondence shall terminate with the signing of the contract. Present GTC can be ignored only if and in so far as the Customer and the Contractor explicitly agree in this.
4 The order must contain the name and address of the Customer, the exact place of work, the representative of the Customer, the name of the ordered service and/or the specific link to the quotation given by the Contractor.
5 The Contract is concluded between the Contractor and the Customer, when the Contract sends the confirmation of the order in written form. The confirmation will be sent by the Contractor via e-mail. If don't get written confirmation because of any reason, the contract is concluded by beginning the execution of the order.
III Duties of the Customer
1 The Customer assigns a contact person for the Contractor who hands over the Work area for the Contractor.
2 Before starting of the work the Customer opens the e-log (if it is necessary) for the Contractor.
3 In the case of cutting, drilling and demolishing works the Customer must determine exactly the place of the cutting planes and holes.
4 The acquisition of static expert's opinions, permissions, implementation plants necessary for the reconstruction is the Customers' duty. If the Customer specifies cutting, drilling and demolishing sizes and places other than the ones given in the available authorizations, implementation plans, static expert's opinions, he takes full responsibility for it and he cannot transfer this responsibility for the Contractor.
5 The Customer must provide the possibility of bringing in the machines, tools in an unobstructed way, and the place necessary for the installing and normal operation of the machine within the work area.
6 The Customer must provide the electrical energy for the operation of electric equipment (water intake possibility in the case of water-cooling technologies) within 15 metres of the work area.
III Price and payment conditions
1 All the prices to be given are net prices to which the Value Added Tax (VAT) must be counted as well.
2 Regarding the unit prices the prices included in the current price list of the Contractor are the normative ones. The Contractor's offer price can be different from the ones in the price list (he is entitled to determine a lower or a higher price as well) in the case of unique circumstances (conditions making the work more difficult, conditions making the work easier, bigger quantity, working in stages, etc.), and he sends them in a written quotation to the Customer.
3 In the case of differing from the ordered quantities, the total amount will be calculated on the basis of unit prices included in the price list or the quotation.
4 In the case of significant difference from the ordered quantities the unit prices can change about which the Contractor informs the Customer and on the basis of this the Customer is entitled to withdraw from the contract.
5 In the case of delayed or failed performance (Contractor's obstruction, failure to determine the cutting, drilling and demolishing places, failure to ensure the conditions indispensable for working) the Contractor is entitled to invoice (for the Customer) call duty allowance (HUF 3000 + VAT / person / hour) in the case of delay, 20% of the total price of the ordered service in the case of failed work due to the fault of the Customer (but at least HUF 30,000 + VAT / person + HUF20,000 + VAT / machine + HUF240 + VAT / km availability fee).
3 Payment method: transfer in advance or cash payment directly after the performance.
If the Customer and the Contractor separately agree in writing on the payment by transfer, then the Customer is obliged to pay the price for the Contractor by bank transfer on due date. In the case of payment delay the Contractor levies an interest for delay equals with the twice of the current valid central bank base rate.
VI Other provisions
1 The K.T.K. Diamant Kft. and the Customer jointly accepts present General Terms and Conditions for the protection of their common interests and consider themselves bound by it with the following stipulation: the conditions of the GTC can be modified by a separate written contract concluded between the parties.
2 The Contractor would like to completely fulfill the legislative provisions regarding the handling of personal data, particularly those included in the Regulation (EU) 2016/679 of the European Parliament and of the Council. The primary goal for handling the customers' data is the communication with the Customers for the sake of performing the service. You can get information in detail on the data protection directives at the seat or the website of the Contractor.
3 Matters not regulated in the present GTC are governed by the Hungarian Civil Code.
4 In the contractual relationship the K.T.K. Diamant Kft. endeavours the settle the disputes with the Customer. If they fail to do this at the legal disputes arose from the referred contractual relationship the parties stipulate the competence of the Civil Court of Miskolc (with the exclusion and competence of any other court).