General terms and conditions
Advanced Network Technologies Ltd. (hereinafter referred to as ANT Ltd.) sells products and allows software usage to its contractual partners under the following terms (hereinafter Customer). In the absence of a written stipulation to the contrary, this General Terms Agreement between the Customer and ANT Ltd. is an integral part of all contracts, regardless of the type of contract.
1. Bid, Order
ANT Ltd.’s bid is valid for 15 days from the date given. Exemption from the conditions will be specified in the bid. ANT Ltd. accepts only written order for projects exceeding a gross value of 300 thousand HUF. If the order differs from those set out in ANT Ltd.’s bid, or contains a clause not contained in it, an Agreement will be reached exclusively upon the written acceptance statement of ANT Ltd. Upon Customer’s request, ANT Ltd. will confirm the order in writing.
2. Rates and Fees
All rates are amounts confirmed by ANT Ltd. They do not include the VAT; however, they include potential costs for duties and customs clearance. Exemptions from these conditions will be specified in the bid.
All rates are in HUF, unless specified otherwise. In case of imported goods, prices are calculated based on the effective exchange rates of CIB Bank. ANT Ltd. reserves the right to enforce rate increase of more than 1%, or changes in transportation or manufacturer price even after the order, until the full price is paid. ANT Ltd. reserves the right to sub-invoicing.
3. Terms of Payment
For delivery and for service contracts, in the absence of agreement to the contrary, 30% of the purchase price has to be paid following the purchase of conclusion of the contract (order, order acceptance, or the date of a contract), the remainder of the balance after the date of, both based on the invoice issued by ANT Ltd. In the case of failed delivery due to the Customer's fault, ANT Ltd. can claim 30% of the purchase price. The payment shall be made as indicated in the invoice.
If the Customer pays by bank, the Parties shall consider the payment to be met when the amount is credited to ANT Ltd.’s bank account. If the advance payment of the purchase price will not be credited to ANT Ltd.’s bank account by the indicated date, ANT Ltd. is entitled to rescind the contract, or delay the execution until it is credited. ANT Ltd. reserves the right to deviate from the general payment terms after consultation with the Customer.
In installments fulfillment of the contract is to be made only on the express written consent of ANT Ltd.
In case of late payment, ANT Ltd. can charge a default interest corresponding with twice the base rate, on a daily basis. ANT Ltd. retains ownership of the products supplied until the Customer pays the full purchase price. If the product got into the possession of the Customer, but the full purchase price has not been paid, and it has not been settled within the second deadline set by ANT Ltd., ANT Ltd. is entitled to rescind the contract, to take possession of the product, and to ship it at the Customer's expense. The Customer agrees to not impede ANT Ltd. in taking the above measures.
4. Shipping
Delivery dates provided by ANT Ltd. are informative, which may be altered by the performance of ANT Ltd.’s suppliers and subcontractors, and other unforeseen circumstances. The delivery date may vary from the delivery time assumed by ANT Ltd., for reasons outside of ANT Ltd.’s sphere of responsibility. ANT Ltd. shall not be liable for any damages resulting from the delay. ANT Ltd. reserves the right to partial deliveries.
If ANT Ltd. supplies the product at the location specified by the customer – under a separate agreement –, upon receipt, any threat of damage related to the product shall pass to the Customer. At the time of delivery and receipt of goods, it is the duty of the Customer to make any complaints about the goods received, in respect of quantity or quality; furthermore, to compare the goods taken with the items on the invoice, and notify ANT Ltd. of any discrepancies.
After the handover, the Customer is not entitled to make claims regarding the goods received in respect of quality or quantity. After the handover, the Parties consider the items on the invoice as delivered in full, if the Customer has not made an objection.
5. Site Preparation, Installation
If ANT Ltd. company undertakes commissioning in the individual contract, Customer is required to prepare the site according to the instructions of ANT Ltd. The services provided by ANT Ltd., and their conditions are governed by specific agreements concluded with the Customer.
6. Servicing
Entered into separate agreements with the Customer, ANT Ltd. undertakes to service the systems installed in Hungary.
7. Warranty
7.1. Warranty on Hardware
Warranties for the products supplied by ANT Ltd. are governed by the separate contracts with the Customer and by the provisions of the relevant legislation.
7.2. Warranty on Software
The concept of warranties and guarantees are not applicable to software. In the user agreements for the software, the software provider agrees that for 90 days from the date of delivery of the software to the user, in case of intended use, the media is devoid of material and workmanship defects, and that the programs (software), if they are not modified, will be able to carry out the functions described in the documentation supplied with the, provided that they are used on the required device and operating system. The software provider does not guarantee that the programs meet the user's needs and that they will operate in the composition selected by the user, and also that the programs will operate uninterrupted and that they will correct all errors in the programs.
All of these liability provisions are exclusive and in place of any other warranty, be it implied (required by law), including warranty for merchantability and fitness for purpose.
8. Software License
The Customer may only use the software in the possession of a valid end user software agreement, and according to its terms and conditions. The software manufacturer provides to the Customer a non-exclusive and non-transferable software license, as specified by the applicable end-user agreement. The manufacturer does not confer any other rights, and in particular rights to Software ownership to the Customer.
The Customer may use the software only in accordance with the end user software agreement. For other uses (in particular: system, location, change in the number of users, etc.), the Customer must reach a prior agreement with ANT Ltd. regarding modification of the contract.
The Customer will only be entitled to copy or modify the software according to the End User License Agreement (EULA).
The Customer is not entitled to translate the software, or use it for creation of derivative software product.
The Customer is obliged to reply in writing without delay to any such question by ANT Ltd., which relate to the use the software in a manner other than that specified.
9. Protection against Third Party Demands
If it is proved that a third party inhibits the Customer in any of their existing right to use the products or software delivered, as a result of omission or violation of law by ANT Ltd., ANT Ltd. buys at its own expense the right to further use, or provides remedy to the breach by exchange or amendment, and, if necessary, participates in proceedings brought before a court or other authority, body or organization, with or on behalf of the Customer. In all cases, ANT Ltd. relieves the Customer of any disadvantage due to the breach.
The condition of this protection is that the Customer shall immediately notify ANT Ltd. of the situation, provide all the required information and help requested by ANT Ltd., and empower ANT Ltd. to conduct any negotiations, and to represent them before the courts or other authorities, bodies or organizations. In these cases, the Customer may make a statement only with the consent of ANT Ltd.
10. Limitation of Liability
ANT Ltd. will not be responsible for damages to the Customer or a third party resulting from loss or damage of data, data modification, or unauthorized intrusion of a third party by electronic or physical means.
In addition, for any direct or indirect damages and loss of profits, even if informed of the possibility of such damages. The claim of Customer raised against ANT Ltd. needs to be exercised within six months of the occurrence of damage.
The data in the brochures, catalogs, and other writings of ANT Ltd. are for informational purposes only, they are not considered written invitation to tender, and ANT Ltd. does not assume any responsibility for their content.
By ordering any product, The Customer acknowledges that they are familiar with the provisions of the Terms and Conditions, and that they understand and comply with.
For issues not covered here and in other contracts between the two parties, both parties shall be guided by relevant paragraphs of the Civil Code.
The Customer accepts the Limitation of Liability terms of this General Terms and Conditions, having regard to the value of services provided by ANT Ltd. and to the standard terms in the information technology sector.
