General Terms and Conditions

relating to the contractual relationships of Müller-Guttenbrunn Waste Materials Trading and Processing Ltd.

Preamble

Müller-Guttenbrunn Waste Materials Trading and Processing Ltd. (registered office: 1239 Budapest, Ócsai u. 4/A, company registration number: Cg. 01-09-065577, tax number: 10311260-2-44,  VPID number: HU0000059552, Metal Trading Licence number: FE000318, KÜJ number: 100188950, GLN number: 5990501359002, represented by: Nándor Hoffmann, managing director, acting independently as a contracting party (hereinafter: Mü-Gu Kft.) for the purpose of standardising the conclusion of (individual) sale and purchase agreements, and all other contracts establishing legal relationships (hereinafter collectively: Contract), and to standardise and simplify the process, in accordance with the Civil Code, Act CXL of 2013 on the Trade in Metals (hereinafter: Metal Act), and Government Decree 443/2013 (XI.27.) issued for its implementation (hereinafter: Vhr.).

 

The scope of the GTC extends to any legal relationship relating to waste management activities established by Mü-Gu Kft.

 

The GTC shall form part of the Contract; the provisions set out herein shall give rise to contractual rights and impose obligations on the Contracting Parties, taking into account that Mü-Gu Kft. has made it possible for natural and legal persons, organisations without legal personality (hereinafter: Contracting Parties) prior to the conclusion of the contract. Mü-Gu Kft. and the Contracting Parties are hereinafter collectively referred to as: the Parties.

 

In the event of any discrepancy between the content of the Contract and the GTC, the relevant provisions of the Contract shall prevail.

 

If, for any reason, no written contract is concluded between the parties, the provisions of these GTC shall also apply to the legal relationship established by a contract concluded on the basis of the parties’ verbal agreement or conduct implying such an agreement.

I. General Provisions

1. Prior to the signing of the Contract, Mü-Gu Kft. informed the Contracting Parties of the material legal status of the Waste Material.

 

2. By signing the Contract, the Contracting Parties acknowledge that they have been made aware of all circumstances relating to the sale and purchase of the Waste Material, have had access to the relevant documentation, and have received adequate information regarding the characteristics, composition, properties, etc. of the Waste Material forming the subject matter of the Contract prior to the signing of the Contract.

 

Mü-Gu Kft. declares that the trade in materials subject to a metal trading licence (items containing metal, metal scrap or metal alloys as defined in the Annex to the Metal Act, excluding primary raw materials produced by a legal person or an organisation without legal personality engaged in the commercial manufacture of metal products, semi-finished products, as well as tyres and packaging that still retains its function as packaging material) (the purchase of materials subject to a metal trading licence – by the purchaser or another person – for the purposes of utilisation as defined in the Metal Act, as well as their transport, storage, warehousing and sale) as a metal trader (the holder of a metal trading licence).

 

3. The Contracting Parties acknowledge that Mü-Gu Kft.’s quotations are valid only in writing.

II. Performance in accordance with the contract

1. The service provided under the Contract shall be deemed to be in accordance with the Contract if, in accordance with the provisions of the Civil Code and these GTC, the subject matter of the service is fit for use, processing and delivery at the time of performance. It possesses the quality that Mü-Gu Kft. may expect, taking into account the Contracting Parties’ public statements and other declarations regarding the characteristics of the item.

 

2. Mü-Gu Kft. and the Contracting Parties shall be obliged to cooperate with one another during performance. The Contracting Parties shall act in such a manner as is generally expected in the given situation for the purpose of performing the contract. Mü-Gu Kft. is also obliged to facilitate performance in the same manner (in particular, it is obliged to make legal declarations promoting the performance of the Contracting Parties without delay).

 

3. The Contracting Parties undertake to ensure that their respective suppliers comply with the individual partial performance deadlines and the final deadline, and to encourage further contractual partners to perform in accordance with the contract, in the interests of providing a contractual service that satisfies Mü-Gu Kft. Mü-Gu Kft. and the Contracting Parties further agree that the performance deadline shall not include any periods during which performance was not possible due to unavoidable circumstances (force majeure) beyond the control of the Contracting Parties.

 

 

III. Scope of performance

1. The Waste Material shall be deemed suitable in terms of quality if it complies with general industry standards (hereinafter referred to as the ‘Material Specification’ for the purposes of this Contract) and there are no circumstances that could prevent the acquisition of ownership.

 

2. The Parties agree that in the event of a negative deviation in the quality of the material specified in the Contract, Mü-Gu Kft. may claim damages from the Contracting Parties or apply a price adjustment before and after the handover.

 

IV. Handover

1. The acceptance of the Waste Material in terms of quantity and quality shall take place at the premises of Mü-Gu Kft. (hereinafter referred to as the ‘Weighing Point’).

 

2. The handover process at an external site takes place as follows. The representatives of the Parties, acting jointly, shall weigh the transport vehicles and/or containers in an empty state at a specified site, as the weighing site (hereinafter: External Weighing Site), using a certified set of scales. The Parties shall record the result of the weighing and the registration numbers of the transport vehicles involved in the weighing in writing. Thereafter, the Waste shall be loaded onto the transport vehicle or into the container, followed by a further weighing and its written recording using a certified set of scales. In the joint presence of the Parties’ representatives, the weighing slip and the transport documents shall be issued, containing the information required by law. The Parties shall hand over the copies of the documents required by law to the driver, who shall transport the waste material, together with the documents, to the premises of Mü-Gu Kft.

The Parties shall carry out a control weighing at the Weighing Point – the Contracting Parties are entitled to provide a person authorised to represent them – and if the result of this differs from the measurement at the External Weighing Point, the Parties shall reconcile the weight discrepancy. In this case, the Parties shall either accept the result of the check weighing, in which case the Contracting Parties shall be entitled to issue the invoice on that basis, or Mü-Gu Kft. shall be entitled to refuse acceptance, and the Waste Material shall be returned to the storage site and unloaded at the Contracting Parties’ expense.

 

3. The transferring/receiving Party shall ensure access to the site for the persons designated by Mü-Gu Kft., as well as for the vehicles and equipment necessary for transport and loading, and shall provide the conditions for the safe and legally compliant execution of the loading.

In the event of failure to do so or any unjustified delay, Mü-Gu Kft. shall be entitled to claim the costs and damages incurred as a result from the Party concerned.

 

4. With regard to orders for which Mü-Gu Kft. organises transport using its own or its subcontractors’ vehicles, Mü-Gu Kft. reserves the right to amend or cancel (withdraw from) the order. Accordingly, Mü-Gu Kft. is entitled to unilaterally adjust the contract value by the amount of any fall in exchange rates between the time of the order and the time of performance.

 

5. The weight measured at the weighing point shall serve as the basis for settlement. This shall also serve as the basis for further settlements and the issuance of the invoice.

 

6. The Contracting Parties shall hand over to Mü-Gu Kft. the necessary documents relating to the Waste Material at the time of handover.

 

7. Mü-Gu Kft. shall be entitled to withdraw from the Contract if the Contracting Parties unreasonably refuse to hand over or take delivery of the Waste Material. In such a case, Mü-Gu Kft. shall be entitled to claim reimbursement of its costs and damages.

 

8. Mü-Gu Kft. shall retain ownership of the Waste Material until the Contracting Parties have paid the purchase price – and any associated charges – in full.

V. Warranty for Defects

1. In the event of defective performance, the Contracting Parties shall apply the provisions of the Civil Code with the following additions.

 

2. The Contracting Parties guarantee the appropriate quality of the Waste Material forming the subject matter of the Contract.

 

3. In the event of defective performance by the Contracting Parties, Mü-Gu Kft. may primarily demand rectification. Rectification must be carried out within a reasonable time, taking into account the characteristics of the service and the nature of the defect, without causing significant inconvenience to Mü-Gu Kft.

 

4. If rectification is impossible due to the nature of the defect, or if the Contracting Parties fail to carry it out, and in the latter case Mü-Gu Kft. does not rectify the defect itself or have it rectified by a third party, a price reduction shall apply.

 

5. Mü-Gu Kft. shall be obliged to notify the Contracting Parties of the warranty claim – the defect or deficiency that has arisen – within a reasonable time; otherwise, it shall be liable for any damage resulting from the delay in notification.

 

6. The Contracting Parties warrant that any Waste material forming the subject matter of the Contract and falling within the scope of these GTC, upon handover to Mü-Gu Kft. – whether at Mü-Gu Kft.’s premises or at an external site – does not contain any explosive/potentially explosive and/or flammable, self-igniting components, substances harmful to human health and the environment, or substances exhibiting radioactivity exceeding health limits. The waste material must be handed over in a condition suitable for transport and processing without the need for further explosion and fire hazard checks. Otherwise, the transferring party shall bear all liability arising therefrom if, notwithstanding the provisions of the GTC, it has handed over the hazardous material detailed above to Mü-Gu Kft.

The transferring party shall bear all related sorting, disposal and administrative costs, claims for damages, and may be obliged to take back the waste material. The transferor shall be liable for all (total) damage caused to Mü-Gu Kft. and third parties arising in connection with the explosion, ignition or environmental pollution of the material transferred by the transferor.

 

7. Where Mü-Gu Kft. provides a container, equipment or machinery to a Contracting Party, the Contracting Party shall bear unlimited liability for maintaining its condition; in the event of damage, loss or deterioration resulting from improper use, the costs of repair, replacement shall be borne in full by the Contracting Party.

 

8. The provisions of the Civil Code shall apply to the time limit for exercising warranty rights.

 

1. Warranty

 

1. The Contracting Parties warrant that Mü-Gu Kft. has acquired ownership free from any restrictions (warranty of title). They declare that no third party has any rights to the ownership of the Waste Material forming the subject matter of the Contract which would restrict or preclude Mü-Gu Kft.’s acquisition of ownership. The party contracting with MÜ-GU Kft. warrants that the Waste Material is free from any litigation, claims and encumbrances. The party contracting with MÜ-GU Kft. declares and warrants that, at the time of concluding this Agreement, there is no contract in force in respect of the Waste Material which would hinder or preclude the party contracting with MÜ-GU Kft. from possessing and using it without restriction.

The contracting party to MÜ-GU Kft. further warrants that it has not entered into any contract or preliminary agreement with a third party for the transfer of ownership of the Waste Material, has not accepted any advance payment, deposit or instalment of the purchase price from a third party in respect of the Waste Material, or, if it has, has already repaid it, and has not promised the ownership of the Waste Material to a third party or otherwise transferred it into the possession or ownership of a third party by any other means or instrument.

 

2. If the Contracting Parties are unable to prove their ownership of the Waste Material beyond all doubt, the Contract shall not come into existence pursuant to Section 6:118(3) of the Civil Code; however, the Parties shall be obliged to settle their accounts.

 

3. The Parties warrant that they have legal capacity, capacity to act and capacity to contract, and that these rights are not restricted, and that they hold all necessary licences for the sale (transfer) or purchase (acceptance) of the Waste Material. The Parties (in the case of legal entities) warrant that the senior officers (managing directors) acting on their behalf at the time of concluding the contract are representatives vested with independent authority to sign on behalf of the company, who have been authorised by the company’s supreme body to conclude the contract.

 

4. The Parties warrant that they are solvent and are not subject to any bankruptcy, winding-up or liquidation proceedings.

 

5. If any metal trading material subject to a licence cannot be classified under the green list pursuant to European Union Regulation 259/93, the Contracting Parties shall be obliged to report this.

 

VII. Payment of the purchase price. Late payment

1. The Obligated Party shall pay the purchase price set out in the Contract to the Entitled Party in the manner and according to the schedule specified therein, provided that a correctly and timely issued and sent invoice and complete, original supporting documents are available. In the event of a deadline falling on a public holiday or during a period of suspension, the date of performance shall be the next working day.

 

2. The party issuing the invoice is obliged to issue and send the invoice to Mü-Gu Kft in electronic form or in a compact PDF format that is authentic without a signature or stamp, compact PDF format – in accordance with the VAT Act, within 15 days of the transaction being fulfilled – and send it to Mü-Gu Kft’s email addressszamla@mgg-mugu.com , which is used exclusively for receiving invoices, as follows:

In the case of services provided to different premises, invoices must be issued for each premises, but the billing name and address must always be the registered office of Mü-Gu Kft.

Under no circumstances should you post printed copies of invoices sent electronically to us.

Additional requirements for PDF invoices:

• each invoice must be sent as a separate PDF file in a separate email; each email may contain only one invoice,
• the name of the company issuing the invoice and the invoice number must be stated in the ‘Subject’ field of the email.

In accordance with the above and provided they are sent to the email address specified above, invoices received one hour before the end of working hours can be recorded as received on the day of dispatch.

 

3. Mü-Gu Kft. shall send the invoices it issues to the Contracting Parties electronically to the email addresses provided by the Contracting Parties; invoices sent in this manner shall be deemed to have been received.

 

4. The purchase price shall be deemed to have been paid when the relevant instalment due (total purchase price) is credited to the entitled Party’s bank account specified in the Contract. In the event of a delay in payment by the obligated Party, the latter shall be obliged to pay default interest; this obligation shall arise even if the delay is otherwise excused. The rate of default interest shall be the central bank base rate specified in Section 6:155 of the Civil Code plus eight percentage points. In the event of a delay in payment, interest shall be calculated from the date of the failure to make the financial or goods-based performance.

 

5. In the event of a delay by the Obligated Party, the Entitled Party shall issue a written demand for performance in accordance with the contract. If the Obligated Party’s delay exceeds 30 calendar days, the Entitled Party shall be entitled to withdraw from the Contract – on the grounds of the Obligated Party’s breach of contract – without having to prove a loss of interest. The entitled Party may exercise its right of withdrawal by means of a unilateral written declaration addressed to the obligated Party (sent by registered post with acknowledgement of receipt).

 

6. The Parties agree that any delay on the part of the Obligated Party arising from its payment obligations under the Contract shall preclude any delay on the part of the Entitled Party. The Entitled Party shall only be deemed to be in default from the time when the Obligated Party has fully discharged its payment obligation.

 

7. The Obligated Party may set off any claims it may have against the Entitled Party against its payment obligations under the Contract only by written agreement between the Parties.

 

VIII. Amendment and Modification of the Contract

1. Unless the Contract provides otherwise, the Parties may amend the Contract only by consensus and mutual agreement. Any amendment shall be made in compliance with the statutory and contractual provisions relating to the making of declarations and representation.

 

2. Notwithstanding the provisions of Section VIII.1, the Contract may be amended by legislation or by an official regulation binding on the Parties. In such a case, the Party whose material legitimate interests are infringed by the alteration of the content of the Contract may request the court to amend the Contract or, where justified, may withdraw from the Contract.

 

3. Failure to make a declaration – unless otherwise provided by law or agreed otherwise by the Parties – shall not constitute consent.

 

4. Mü-Gu Kft. is obliged to draw the Contracting Parties’ attention to any amendments to the GTC on its website. Any amendment to the GTC by Mü-Gu Kft. shall also apply to Contracts already concluded. In such cases, the Contracting Parties must also be notified of the amended GTC by email.

 

5. During the term of the Contract, the Contracting Parties shall be entitled – with the express consent of Mü-Gu Kft. – to appoint another third party in their place (hereinafter: New Contracting Parties) who undertakes to continue the Contract. Any amendment may only be made using the standard contract form provided by Mü-Gu Kft. for this purpose.

 

6. Mü-Gu Kft. may refuse its consent, in particular if the New Contracting Parties are insolvent, are unwilling to accept the terms of the original Contract and the GTC, or are unable to fulfil them, or otherwise if the entry of the New Contracting Parties into the Contract is contrary to its interests.

 

IX. Termination and cancellation of the Contract

1. The Parties may agree on the payment of a deposit in the Contract. In this case, the provisions of Sections IX.2–4 shall apply.

 

2. The legal nature of the deposit – as explained prior to the conclusion of the contract – is that of a penalty for attributable non-performance. Accordingly, if the party paying the deposit (i.e. the Party obliged to pay) is at fault for the failure of the Contract, the deposit is forfeited; if, however, the party receiving the deposit (i.e. the Party entitled to performance) is at fault for non-performance, the deposit is refunded in double the amount. In the event of performance in accordance with the contract, the deposit is included in the purchase price.

 

3. Instead of applying the above legal consequences, the entitled Party may also choose to enforce performance of the Contract: payment of double the deposit or forfeiture of the deposit does not automatically result in the termination of the Contract.

 

4. In the event of the Contract falling through, damages in excess of the amount of the deposit may be claimed as a separate claim, subject to proof of the amount.

 

5. If the Parties do not stipulate a deposit in the Contract, but one Party withdraws from the Contract on the grounds of the other Party’s breach of contract, the Party responsible for the failure of the Contract shall be obliged to pay the other Party a penalty for failure amounting to 15% of the purchase price within 8 days of being requested to do so.

 

6. The Parties may terminate the Contract by mutual agreement, in which case the legal relationship shall cease with retroactive effect from the date of its conclusion. In this case, the original status must be restored, within the framework of which the Parties shall settle accounts, and any services already performed shall be refunded simultaneously.

 

7. The Parties agree that either Party may terminate the contract at any time in writing, without giving reasons, subject to 30 days’ notice, provided that all pending legal transactions are concluded and settled.

 

8. A party contracting with MÜ-GU Kft. shall be entitled to terminate the contract with immediate effect by means of a unilateral written notice addressed to the other party if MÜ-GU Kft. commits a material breach of contract, in particular if it fails to take delivery of the Goods or fails to meet its payment obligation by the deadline specified in the invoice, and the grace period set by the contracting party to MÜ-GU Kft. has also elapsed without result.

 

9. MÜ-GU Kft. shall be entitled to terminate the contract with immediate effect by means of a unilateral written notice addressed to the other party if the other party commits a material breach of contract, in particular if it is unreasonably late in fulfilling the order – in the case of a grace period, by more than – 5 calendar days. The parties agree that if the performance of either party under the contract is prevented by a force majeure event (force majeure) that lies outside the party’s sphere of control, is unforeseeable and cannot be avoided by the party, this shall exempt the contracting party invoking it from the legal consequences of breach of contract for as long as the force majeure situation actually prevents the performance of the contract. The party invoking force majeure shall be obliged to notify the other party in writing without delay. If the force majeure situation does not cease within 5 days of its occurrence, the other party shall be entitled, at its discretion, to withdraw from the contract without legal consequences.

 

10. The parties agree that if, during the term of the contract, bankruptcy, liquidation or winding-up proceedings are initiated against MÜ-GU Kft., the party contracting with MÜ-GU Kft. shall be obliged to notify MÜ-GU Kft. of this in writing with immediate effect. Should MÜ-GU Kft. find itself in a financial situation justifying the above proceedings, the party contracting with MÜ-GU Kft. shall be entitled, upon becoming aware of such proceedings, to withdraw from this contract with immediate effect, subject to the closure and settlement of any ongoing matters.

 

 

 

1. X. OCCUPATIONAL SAFETY AND FIRE PREVENTION CLAUSE

 

 

The Parties agree that, during the performance of the Contract, they shall apply in conjunction the applicable occupational health and safety, fire safety and other related safety legislation, as well as the provisions of this clause.

 

1. General obligations

The Contracting Party shall organise and coordinate the performance of work in such a way that it does not endanger its own employees, persons employed by other employers, or any other persons present within the scope of the work.

The Contracting Party shall bear full responsibility for the conduct of its own employees, agents, collaborators and subcontractors in accordance with occupational health and safety and fire safety regulations.

A subcontractor may only be involved in the performance of the contract if the Contracting Party ensures that the subcontractor is familiar with the provisions of this clause and complies with them in full.

 

2. Coordination of parallel work.

Where two or more Parties are carrying out work in parallel at the same workplace, the Parties concerned shall consult with one another on an ongoing basis to ensure conditions for safe work that do not endanger health, in particular with regard to the following:

–      methods and locations for the supply of energy and materials,

–      the procedure for handing over work areas,

–      use and handover of work equipment,

–      compliance of electrical safety and other safety systems,

–      ensuring clear traffic and material handling routes,

–      protection against falls, tripping or falling through,

–      safe performance of activities involving a risk of fire or explosion.

3. Coordination and supervision

Mü-Gu Kft. is entitled to inspect the compliance of work activities with occupational health and safety and fire safety regulations.

Mü-Gu Kft. is entitled to suspend work with immediate effect if it endangers life, physical integrity, health or the safety of the premises. All costs and damages arising from the suspension shall be borne by the Party in breach.

Where necessary, the Parties shall hold a coordination meeting at which they shall agree, in particular, on:

–    the procedure for health and safety inspections,

–    the protection of persons present within the scope of the work,

–    certification of health and safety training,

–    the procedure for dealing with emergencies,

–    the use of personal protective equipment,

–    the provision of first aid,

–    the safety of shared equipment,

–    fire safety equipment to be provided in the workplace.

 

4. Emergencies

The Contracting Party is obliged to report any accident at work, fire, incident or other extraordinary event occurring at the premises of Mü-Gu Kft. and/or affecting its employees to the designated contact person at Mü-Gu Kft. without delay. The Contracting Party is obliged to cooperate in the investigation.

 

5. Fire safety provisions

Any activity involving open flames, heat generation, sparking or other fire hazards may only be carried out with prior written permission.

The Contracting Party shall comply with the regulations concerning smoking, explosive environments and fire alarm systems.

The unauthorised deactivation, removal or misuse of fire safety equipment shall constitute a serious breach of contract.

 

6. Emergency plan and emergency situations

The Contracting Party is obliged to draw up an emergency plan for abnormal circumstances – taking into account the nature of the work – and to designate the necessary personnel.

The relevant parts of the emergency plan must be communicated to the employees concerned.

 

7. Site rules

If the Contracting Party enters the premises of Mü-Gu Kft, it shall be obliged to comply with the rules of conduct in force on the premises (“Site Rules”) and shall regard them as binding upon itself. The “Site Rules” are displayed at the entrances to Mü-Gu Kft’s premises and in its reception areas, and are also available electronically on the Mü-Gu Kft website: https://mugu.hu/telepi-szabalyzat/.

 

 

1. Confidentiality

 

1. The Parties agree that they are obliged to maintain the confidentiality of any trade secrets that come to their knowledge in connection with the contract, and they undertake a mutual and unlimited obligation to maintain such confidentiality. Any data, facts and information that come to the knowledge of the parties in connection with the contract shall be deemed to be trade secrets, in particular the origin of the scrap metal, its value, etc.

 

2. The Parties agree that any facts, data or information coming to their knowledge in connection with the contract shall be used only to the extent necessary for the performance of the contract, and shall not be disclosed to unauthorised third parties, except with the prior written consent of the other Party. The Parties mutually acknowledge that the obligation of confidentiality shall remain in force for an unlimited period even after the termination of the contract.

 

3. The parties agree that it shall not constitute a breach of the confidentiality obligation on the part of MÜ-GU Kft. if, in compliance with its legal obligations, in particular the provisions of the Metal Act and the Vhr., it fulfils its data reporting and notification obligations towards the competent authority.

 

XII. Cooperation

 

1. The Parties agree that all notices and communications (hereinafter: Notice) must be sent in writing, even if specific clauses of the Contract do not expressly require them to be in writing.

 

2. The method of delivery of a Notice may be: personal delivery in a manner certifying delivery to the contact persons listed above, or registered post with acknowledgement of receipt to the email addresses of the representatives of the contracting Parties specified in the Contract.

 

3. MÜ-GU Kft. shall not be liable in any way for any damages incurred by a party contracting with MÜ-GU Kft. arising from the poor quality of the message in the case of Notices sent by email.

 

4. MÜ-GU Kft. shall not be obliged to further verify the validity of notifications received by email if, acting in good faith, it can reasonably assume that they originate from the employees of the Contracting Parties.

MÜ-GU Kft. shall not be liable for any damages arising from the forgery of signatures of persons authorised by the Contracting Parties in the case of notifications received, or from any misuse committed during the transmission of the message (e.g. unauthorised access to the authorised person’s email account).

 

 

 

XIII. Disputes

 

1. The Parties agree that if they are unable to settle any dispute arising between them through negotiation within 30 days of the initiation of the conciliation procedure, the Parties shall be entitled to bring the matter before a court. The Contracting Parties hereby agree that, depending on jurisdiction, the Tatabánya District Court or the Tatabánya Regional Court shall have exclusive jurisdiction to settle the dispute.

 

2          Should any clause or provision of this Agreement prove to be invalid, this shall not affect the other provisions of the Agreement. The parties agree that, if the cause of the invalidity can be remedied by a subsequent change in the law, they shall do everything in their power to ensure that the relevant part of the Agreement remains in force and effect.

 

XIV. Final Provisions

1. The Parties shall be obliged to cooperate with one another throughout the entire duration of their legal relationship and to act in accordance with the requirements of good faith and fairness. This obligation applies in particular to the immediate provision of statements relating to each other’s services which are necessary to facilitate performance, including, where applicable, those required by law or by the authorities.

 

2. The Parties shall be obliged to make their declarations relating to the Contract in writing. Written declarations shall be deemed to have been validly and effectively made if they are sent to the other Party’s address specified in the Contract by registered post, or by personal delivery in a manner certifying delivery. Postal items shall be deemed to have been delivered on the 5th working day following the second attempt at delivery. In the case of multiple Contracting Parties, any notice or other communication sent to one of them shall be deemed to have been delivered to all Contracting Parties.

 

3. The Contracting Parties – in the event that they utilise a loan from a credit institution or other form of support to settle the purchase price – declare that, prior to the conclusion of the Agreement, they have informed themselves of the disbursement conditions relating to the use of the loan, and have satisfied themselves that they fully comply with the requirements, regulations and other conditions laid down by law and by the credit institution. The administration of matters relating to the use of the loan and the grant, including the verification of eligibility, the fulfilment of disbursement conditions, the bearing of bank charges, etc., is the obligation and responsibility of the Contracting Parties. The Contracting Parties acknowledge that they shall be liable for any damage arising from a breach of the above obligations; Mü-Gu Kft. shall bear no liability or responsibility in this regard.

 

4. Unless otherwise provided for by law, the Contract or the GTC, a ‘calendar day’ shall be understood to mean a calendar day within the deadline specified in days. If the last day of the deadline falls on a public holiday, the deadline shall expire on the following working day.

 

5. Mü-Gu Kft. declares that it shall record and process the Contracting Parties’ data obtained in connection with the conclusion of the Contract in full compliance with the statutory provisions on data protection and data processing.

 

6. These GTC shall remain in force for an indefinite period from the date of issue.

 

7. These GTC are published electronically on the Mü-Gu Kft website at https://mugu.hu/altalanos-szerzodesi-feltetelek/, and Mü-Gu Kft shall ensure that the website remains accessible at all times.

 

 

 

By signing the Contract, the Contracting Parties acknowledge that, prior to its conclusion, they received and reviewed the GTC, had its provisions explained to them by Mü-Gu Kft’s representatives upon request, and understood them. They further declare that they have taken note of and understood the notice regarding clauses that deviate significantly from standard contractual practice and the dispositive statutory provisions applicable to contracts.

 

Budapest, 1 June 2026