General terms and conditions
Upon Mateco-Hungary Ltd’s (hereinafter: lessor) confirmation of the contract lessee (lessor and lessee referred as parties below) leases the objects (referred to as machines,equipments or leased property below) listed in the order confirmation (hereinafter the rental contract stands for the rental order and the order confirmation) or the lease contract (which is part of the rental contract) with the following terms. These terms also apply to any machines, equipments or their parts that lessor hands over to the same lessee subsequent to the signing of the contract as accessories to or replacements of the leased equipment.
2. DURATION OF CONTRACT
The lease period starts when the machine, equipment is delivered to the address specified by lessee, or in case of earlier delivery as contractually confirmed between the parties, or in the case of pick-up by lessee, on the day when the machine, equipment is handed over to lessee, and ends once the lessee informs officially (in written format) the lessor in a given time This information should arrive to lessor latest till 15:00pm on the last working day. The lease is fundamentally - if no other agreement - settled by 5 business days a week, usage on weekends and public holidays are invoiced on the basis of GPS control. Such days are also to be paid for when lessor cannot take possession of the equipment or machines in a state fit for use, or cannot use them due to lessee’s fault or a reason arising on lessee’s side.
3. DELIVERY AND OTHER COSTS
Above the lease fee lessee shall pay the costs of transporting the machine, equipment to and from lessee, as well as insurance costs. The lessee is obliged to indicate in the order the name and contact details of the competent person to whom the machine, equipment can be transferred and from whom it can be picked up at the end of the lease.. Delivery by lessor shall take place immediately following the signing of the contract, unless on the rental contract says otherwise, to the site specified by lessee. In case of transportation problems (such as delay or missed delivery) in case of a contracted transportation partner involvement, the contract between lessor and the transporter shall govern. In such cases lessor waives his claims vis-à-vis the transporter in favour of lessee. If it is not lessor who is taking care of the delivery, it shall be done at lessee’s liability and risk. Following the end of the lease period lessee shall return the machine, equipment promptly. At lessor’s request, drop-off shall take place at a site within Hungary specified by lessor. In case of pick-up by lessor, the machine, equipment shall be handed over by lessee at the place and time specified in the original rental contract between the parties. Lessee shall make sure the machine, equipment is in the state in which it was picked up, considering normal use. Furthermore the machine, equipment has to be an accessible place for the transporter and ready for pick up/transportation (satisfactory level of fuel/charged battery to be able to move the machine, equipment to the transport vehicle). In the event of failure to comply with the above, the cost of any necessary measures to ensure and permit the pick up of the machine, equipment shall be borne by the lessee and shall be paid by the lessee to the lessor. In case the return is managed by the lessor, the lessee is required to pay the rental fee until lessee ensures the actual handover of the machine, equipment. If, at the time of delivery/pick up, the lessee does not provide the presence of a person indicated in the order, or otherwise authorized to arrange the handover of the machine, equipment on behalf of the lessee, the handover protocol fulfilled by the lessor is considered related to the condition of the machine, equipment. If necessary, lessor may carry out maintenance at lessee’s cost during the lease period and even at the end of rental contract, following the inspection at lessor’s site. Lessee shall be liable for all losses of revenue or other damages resulting therefrom.
At lessor’s request, lessee shall pay a deposit specified by lessor, which he shall give back on the proper returning of the machine, equipment. Lessee shall pay the lease and other services as set out in the “order confirmation” including the cost of equipment / accessory deficiency or machine, equipment damage. Lessor shall invoice the lease (and other services) on the 15th and the last day of every month or at the end of rental contract, unless the parties have agreed otherwise in writing. The lessee has 20 days from receipt of the invoice to object to the invoice, which must be made in writing in all cases. In case of late payment lessee shall pay a late payment interest set out in par. 6:48 and 6:155 of the Civil Code. If lessee is over 15 days in delay regarding his payment obligations, or breaches the provisions of the lease contract, and fails to rectify his breach by the additional deadline set by lessor in a written warning, lessor shall be entitled to terminate the contract with immediate effect and to enforce the claims otherwise due him by law or contract, including for damages. In case of late payment or other warnings calling for a cease of breach of contract, lessor shall be entitled to an administrative fee of HUF 18,000 after each letter of warning sent. Notwithstanding the termination, lessee shall meet all his existing payment obligations stemming from the contract.
5. LESSEE’S OBLIGATIONS
5.1. Handling the leased property
During the lease period lessee shall handle and look after the machine, equipment with due care, and especially, save it from overloading. In this regard the instructions of lessor (or the manufacturer) shall be followed. Changes or modifications may only be made with the written consent of lessor. Lessee shall leave all signs or other informative texts placed on lessor’s property by lessor in place and keep them on the machine, equipment.
The Lessee may not transport the machine or equipment from the location indicated in the order without the prior written consent of the Lessor. If the lessee breaches this obligation, he is obliged to reimburse the lessor for all damages and costs (including transportation costs) incurred in this connection.
5.2. Safeguarding the leased property
a) Lessee shall use, handle and safeguard the machine, equipment and its accessories with all due care, as set out in the user manual for the particular model, placing special emphasis on maintaining (charging) the batteries in the case of electric machines or for diesel engines, to use the specified fuel quality.
b) Lessee shall drop off the machine, equipment at the agreed time and place in a state identical to that on delivery or pick-up, taking into account normal wear and tear.
c) Lessee shall protect against theft all machines, equipments in his possession and use with every possible mean, i.e. locking it each time it is not being used, for however short a time that may be; not leaving any valuables in it; furthermore to exercise due care when leaving the machine, equipment.
d) Lessee shall bear the risk and cost of any breakdown, loss, theft or damage.
e) Lessee undertakes to inform – both oral and written format - lessor without delay of the damaging, vandalising, loss or theft of the machine, equipment.
f) Lessee undertakes the obligation to insure the machine, equipment. Lessor shall not bear liability for any claims made by third parties resulting from the use of the machine, equipment during the lease period. The lessee is obliged to exempt the lessor from such claims. Lessee is advised to take out proper insurance.
g) Lessee shall, at his own cost, protect and exempt the machine, equipment from any actions of third parties, e.g. liquidation. Actions threatening or already carried out must be reported to lessor at once by handing over the necessary documents. Lessee shall not alienate or pawn the machine, equipment. Transferring use to a third party requires the advance written consent of lessor.
h)He is responsible for keeping all legal or official regulations, decrees or obligations. . i)
5.3. Obligations related to the returning of the leased property
a) The lessee is obliged to provide the conditions for the actual handover of the machine, equipment b) Lessee shall tank the machine, equipment up to the level recorded on pick-up with the prescribed quality fuel. Should he fail to fulfil this obligation, lessee shall pay for the fuel difference as an additional charge on the lease of the machine, equipment .
c) Lessee shall return the machine, equipment in the same state of cleanliness as on pick-up (delivery). Failing this, lessee shall pay the cost of cleaning the machine, equipment as an additional charge on the lease of the machine, equipment.
d) Lessee shall return to lessor the key of the machine, equipment, as well as the papers/documentation belonging to the machine, equipment received on pick-up (delivery). Should he fail to fulfil this obligation, lessee shall pay for the cost of replacing the key and the papers/documentation as an additional charge on the lease of the machine, equipment.
6. LIABILITY RULES
6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased property
a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to lessor arising from not meeting his above mentioned obligations.
b) Should lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of lessor arising therefrom, also the ones arising out of not being able to lease the machine, equipment any longer.
c) Assigning usage to any third party without the prior written consent of lessor qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages have to be paid for arising out of his being unable to lease the machine, equipment any longer.
d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt lessee from his obligation to pay the lease fee. Lessor shall only be made responsible for damages arising from inadequacies of the machine, equipment if lessee can prove that it was caused by lessor’s gross negligence or deliberately.
e) Following lessee’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair lessor may forbid lessee to use the machine, equipment. If the error can be traced back to lessee’s improper use or a third party’s conduct, lessee’s obligation to pay the lease fee during the repairs shall exist. In the case of repairs originating from ordinary use or manufacturing defects, lessee shall be exempted from his payment obligation from the time he reports the defect in writing until the error is repaired or substitute machine, equipment is provided him. Should lessor be unable to carry out the repairs within a timeframe acceptable to lessee, and cannot provide lessee with substitute machine, equipment then lessee may rescind the contract. Lessee may not make any further claims concerning damages beyond this, the lessor explicitly excludes his liability for this.
f) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by lessee
g) The lessor undertakes to start remedying the fault within 4 hours of the occurrence of the fault. If the remote assistance is not successful, the lessor undertakes to initiate on-site troubleshooting within 24 hours. If the machine, equipment cannot be repaired within 48 hours of the failure notification, the lessor will provide a replacement machine, equipment within 72 hours of the failure notification. If no exchange machine, equipment is available, the lessee is entitled to terminate the contract.
6.2 Breach of the contract
If the lessee breaches any of their obligations under this contract, and does not eliminate the violation until the deadline specified in the written notice sent to them; or liquidation or bankruptcy proceedings are commenced against the lessee; then the lessor will be entitled to immediately take back possession of the equipment and to access the lessee’s rooms and facilities for this purpose, – without prejudice to the lessor’s other claims for payments and compensations.
6.3 Procedures related to damages
The Lessor will draw up a damage report about the damages incurred due to non-compliance with obligations regarding the handling and preservation of the machine, equipment, and send this report to the lessee via regular mail or electronic means. If the Lessor does not receive any written remarks regarding the damages described in the damage report within 2 working days, then the Lessor will consider the fact of the damage and the amount of the associated costs as accepted by the lessee, and issue a damage claim letter to thelessee.
6.4 Lessee declaration regarding its taxable presence in Hungary
a) In case the lessee is an entity established in a foreign country (other than Hungary), then the lessee needs to provide the lessor with a declaration indicating whether it has a Hungarian fixed establishment for VAT pruposes. If so, the lessee should declare whether the services detailed in the respective leasing agreement relate to the lessee’s Hungarian fixed establishment.
b) If there is any change in the information declared by the Lessee, the lessee needs to inform the lessor about this change within 5 working days.
c) The lessee assumes full liability for any damage arising from the failure of, delay in, or untruthful or incorrect compliance with the reporting obligation of its Hungarian taxable presence.
d) If the lessor becomes obliged or liable towards third parties or authorities due to the failure of, delay in, or untruthful or incorrect declaration, the lessee assumes full indemnity obligation.
Lessee may only offset lessor’s claims with counter-claims with lessor’s consent, up to the extent acknowledged by lessor. Lessor may offset all of lessee’s claims vis-à-vis lessor or third parties with his counter-claims, and may deduct them from the deposit.
8. ADDITIONAL AGREEMENTS
Any additional agreements related to this contract shall be valid only when made in writing and signed by both contracting parties.
Should any one provision of this contract become void, this does not affect the rest of its provisions. In such a case the contract shall be interpreted in a way that is closest to the economic sense of the void provision.
In the case of any legal disputes parties subject themselves the exclusive jurisdiction of the Székesfehérvár District Court and, depending on the value limit, the Szekesfehérvár General Court.
9th September, 2020.