General Terms and Conditions of VARINEX Zrt

The legal relationship between VARINEX Zrt. and the customers who enter into business relations with it during the purchase of its products/services (hereinafter referred to as: Buyer) is regulated by the agreement concluded between VARINEX Zrt. and the Buyer, which includes all written contracts, agreements replacing them, written offers issued by VARINEX Zrt., written orders sent by the Buyer, written confirmations sent thereto, including all attachments thereto. In matters not separately regulated therein, these General Terms and Conditions apply. Please note the General Terms and Conditions of Service for service activities performed by VARINEX Zrt.

Conclusion of the contract: The contract between VARINEX Zrt. and the Buyer shall enter into force upon its signature, or in its absence upon its order and confirmation. The Buyer shall order the products and services included in the contract, and VARINEX Zrt. shall undertake their delivery and performance.

Performance of the contract: VARINEX Zrt. is obliged to perform the obligations under the contract by the deadline specified therein, in first-class quality. In order to fulfill the contract, the buyer is obliged to provide the necessary conditions for performance in such a way that the performance can be carried out on time and with safe work. The quantitative and qualitative acceptance takes place by signing the document relating to the product or service (delivery note, warranty certificate, work sheet, report, invoice).

Quality complaints: In the event of a quality complaint arising during performance, the parties shall draw up a joint report. Based on the report, VARINEX Zrt. is obliged to immediately eliminate the cause of the quality complaint; in the event of a difference of opinion, the parties shall strive to reach an agreement as soon as possible, failing which they shall recognize the jurisdiction of the territorially competent Court.

Warranty conditions: VARINEX Zrt. specifies the warranty for the delivered products and the method of enforcing the warranty in the contract and/or performance documents, with particular regard to the duration of the warranty and the place of enforcement. If a manufacturer's warranty certificate is issued for the delivered products, VARINEX Zrt. shall hand it over to the Buyer in its original form, which fact shall be recorded on the delivery document. Upon receipt of the manufacturer's warranty certificate, the Buyer may enforce his warranty rights in the manufacturer's/brand service network in the manner indicated there. In the absence of a manufacturer's warranty certificate, VARINEX Zrt. shall be solely liable for the warranty obligations of the delivered products in accordance with the relevant provisions in force (currently: Government Decree 151/2003. (IX.22.) on the warranty of certain durable consumer goods). The warranty obligation does not cover failures resulting from improper use, unauthorized intrusions, inappropriate operating environment and natural disasters. VARINEX Zrt. does not guarantee the uninterrupted, error-free operation of the products and does not assume liability to the Buyer for any direct or indirect damage resulting from failures, in particular for business or commercial losses resulting from production losses caused by downtime, as well as for possible data loss on data storage devices. VARINEX Zrt. provides a 1-year replacement warranty for the data carriers of the delivered software, the fact of which is not separately stated in the performance documents. The Buyer is entitled to make 1 backup copy of the data carriers of the software. VARINEX Zrt. does not guarantee the error-free operation of the sold software in all runtime environments, but will do its best to find a solution to eliminate the error through the official product support network as a representative of the software manufacturer. VARINEX Zrt. excludes any liability for the correctness of the plans and documentation created with the software it supplies and does not guarantee the suitability of the devices designed with them for use. The prototypes and tools produced during the rapid prototyping and rapid tool manufacturing service have the previously recorded mechanical properties. In the case of these products, due to the nature of the service, we accept complaints regarding defective performance within 3 working days. VARINEX Zrt. guarantees the performance of prototype tools only up to the production of the specified material and the previously recorded number of pieces. VARINEX Zrt. records the raw materials that can be used/processed with the tool and the committed number of pieces in the contract and/or performance documents. VARINEX Zrt. does not assume liability for any damage caused to the place where the prototype is installed.

Warranty conditions: The terms and conditions of the current manufacturer's license agreement for the software are valid for the use of the software sold. By purchasing the software, the Buyer acquires a license right from the software manufacturer to use the given software. VARINEX Zrt. guarantees in all cases that no third party, including the software manufacturer, has any right that restricts or excludes the Buyer's acquisition of rights. The Buyer's license right is valid as long as the software is not replaced with a newer version (software upgrade: when the Buyer acquires a license right to use the new version). In the absence of a software upgrade, the Buyer's license right is not limited in time. VARINEX Zrt. will provide the Buyer with a discounted replacement of any new software versions when they are released in accordance with the terms and conditions of the software manufacturer.

Payment terms: The payment terms are always governed by the individual payment agreement between VARINEX Zrt. and the Buyer. VARINEX Zrt. retains ownership of the delivered products until the purchase price has been paid in full.

Late payment: Starting from 1 July 2024, VARINEX Zrt. will proceed with late payments in accordance with the provisions of the Civil Code. The rate of late payment interest is the central bank base interest rate valid on the 1st day of the calendar half-year affected by the delay (7.00% on 1 July 2024) increased by 8 percentage points, totaling 15%. In the event of late payment, VARINEX Zrt. – based on its authority – will charge a general cost fee in the amount of EUR 40 (calculated according to the MNB’s mid-exchange rate valid on the starting date of the late payment interest payment obligation) to reimburse its costs related to the collection of receivables. Payment of the general cost fee does not exempt you from other legal consequences of the delay, but its amount will be included in the compensation.