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  LEMMACO KFT’S GENERAL TERMS AND CONDITIONS OF SALES

1.    ORDERING GOODS

As requested and available, Lemmaco Kft. shall satisfy all customer demands for goods promptly – if it is possible – from the warehoused inventories, within 24–48 hours after manufacturing, until deadlines aligned with the individual demands.

 1.2. If the requested goods are not available in the warehouse, the Parties shall agree in writing (or in the lack of a written order, the company shall send a written confirmation) on ordering the goods and – with respect to the lead time of delivery undertaken by the third party supplying Lemmaco Kft. – the foreseeable deadline of delivery.

 1.3. In case the third party providing Lemmaco Kft. with base materials does not meet the lead time of delivery, Lemmaco Kft. will be unable to assume liability for performance until the specific deadline, but shall offer effective options for the satisfaction of the customer’s demands.

1.4. The goods belonging to Lemmaco Kft’s offering can be found at the website of HYPERLINK "http://www.lemmaco.hu" www.lemmaco.hu. The associated fees shall be communicated in price quotations based on individual conditions. In relation to any modification, Lemmaco Kft. shall send out written notification at least 15 days prior to the effective date of change.

2.    QUANTITATIVE AND QUALITY-RELATED TAKEOVER

 2.1. The quantitative takeover of the purchased goods shall take place at Lemmaco Kft’s business site or – if it is supplied with home delivery – at the address designated by the Customer for the purpose of delivery.

 2.2. The Customer shall confirm qualitative takeover by signing and stamping the delivery note, transportation documents or the invoice issued by Lemmaco Kft.

2.3. The Parties shall describe any of the Customer’s complaints concerning insufficient quantities in details, in the delivery note or the invoice, the Customer shall accept the goods, but the negative quantitative differences indicated in the delivery note or invoice shall be corrected without fail.

2.4. If the Customer appoints the forwarder or any third person to execute the qualitative takeover, the person acting for the qualitative takeover shall be responsible for the received goods towards the Customer. 

2.5. The Customer shall complete the quality-related takeover of the goods within 3 (three) days following the qualitative takeover at the latest.

2.6. The Customer shall communicate any quality complaint connected with the goods in writing to Lemmaco Kft. as soon as it is possible. The time period open for making such complaints shall be 6 weeks following the date of purchasing.

 2.7. If the complaint is properly grounded, Lemmaco Kft. shall provide for the delivery of the missing goods or the replacement of the defective goods. In these cases, the provisions stipulated in Section 1.2 and 1.3 shall be applicable accordingly.

 2.8. In the event of any properly grounded complaint of the Customer, for any replacement demand arising at the Lemmaco Kft’s account or without the Customer’s quality complaint, the Parties may enter a separate written agreement for the replacement of the goods that have already been taken over. In these cases, the Customer is obliged to pay all the costs incurred by Lemmaco Kft. in connection with the replacement, and the related amount shall be specified in the agreement by the Parties.

3.   WARRANTY

 Lemmaco Kft. warrants that the goods comply with the requirements of the quality certificate, yet it may not be made liable for any damage arising from such processing, use, handling, storage of the goods that is not in line with the use of the goods for the designed purposes.

 4. FORCE MAJEURE

If for any force majeure cause (e.g. natural disasters, war events, governmental actions, breakdown of communication, failure of suppliers, etc...) Lemmaco Kft. is unable to perform its contracted obligations in a timely manner, the fulfillment of the given contracted obligation shall be suspended until the elimination of the obstacle.

 5.    TERMS OF PAYMENT/DEFAULT PAYMENT

5.1. Our invoices shall be paid under the terms and conditions of payment that have been agreed in advance, until the respective due dates indicated in the invoices. Our invoices are issued in general for payment in cash or via bank transfer. No complaint associated with the invoice shall entitle the Customer to withhold the payment of the invoice. If the Customer falls in any default payment, the Customer shall pay a default interest in an equivalent of the double of the prime interest rate, but at least 15%, as well as reimburse all the costs incurred by Lemmaco Kft. in that respect, with special view on its associated payment obligations.  

 5.2. In the event of any default payment by the Customer, Lemmaco Kft. shall settle any paid amount first against the default interest and costs incurred with the default payment, and only the remaining amount shall be set off against the accounts payable. In relation to such settlements, Lemmaco Kft. shall send written notification to the Customer, specifying the amount of the Customer’s outstanding debts after the settlement.

 5.3. If the Customer falls in default with the payment of more than one invoice, Lemmaco Kft. has the right to set off any payment made by the Customer against the amount of the invoice that has been overdue for the longest.

5.4. In the event of any default payment over the deadline of payment having been mutually established by the Parties, Lemmaco Kft. – in view of the managing director’s opinion – shall send a payment notice to the Customer. If it remains ineffective, the documents of the notices formerly sent out and rightful claims shall be submitted to the lawyer, and Lemmaco Kft. shall issue a prompt note with reliance on all the available legal means, and thereafter try to enforce its claims at court. Lemmaco Kft. shall claim the reimbursement of all the costs incurred with such proceedings by the Customer.

6.    RESERVATION OF TITLE

 Until the payment of the invoice, Lemmaco Kft. shall reserve its title as provided in the effective legal regulations.

7.     FINAL PROVISIONS

 7.1. If there is any contradiction between the provisions of the contract pertaining to an individual order and these General Terms and Conditions of Sales (GTCS), then the requirements stipulated in that specific contract shall prevail.

7.2. For its validity, any verbal arrangement made by and between the Customer and the sales representatives of Lemmaco Kft. shall be set forth in writing. No verbal agreement shall be deemed to entail rights to or impose obligations on either Party.

7.3. The Customer represents that it is a business association registered in Hungary, and that it is not subject to any bankruptcy proceedings, dissolution or liquidation, and further commits itself to send written notification of any proceedings instituted against the Customer to Lemmaco Kft. without fail.

7.4. The Parties shall resolve any dispute arising in the course of their cooperation primarily by way of negotiations, or should they fail to reach an agreement, they shall stipulate the jurisdiction of the court of justice that is competent at Lemmaco Kft’s registered seat.

 7.5. Any issue not regulated in the framework contract and its appendices shall be governed by the relevant provisions of the Hungarian legal regulations in effect from time to time. Zsámbék, 31 May 2010

Lemmaco Kft’s General Terms and Conditions of Sales (GTCS)

 
Quality assurance
  Lemmaco continuously aspire the position within the industry to keep-and procure increasing share.

To this end we would like to operate the quality system wich guarantee the standing and perfect quality of our products and services, the continuously development and the dients satisfaction. This means the quality system ISO 9001 and ISO 14001 what our company operate.

In the center of our activity is the client. We make a break(run) for fit fully with the need of our clients and for give optimal economic and technical solution to the problems. We wish to develop long-term connection all the suppliers who identify with our quality purpose. To achive our purpose the management support and require the continously training and self-education. We require that all of our employees contibute to our success with its personal knowledge and resposibility.

Gábor Jankó
CEO

 
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