GENERAL CONTRACTUAL CONDITIONS
I. General provisions, scope of application of these GTC
1. The present General Terms and Conditions (hereinafter referred to as GTC) define the general terms and conditions of the legal relationship between Mobilsofa Kft (hereinafter referred to as Mobilsofa) and the Partner, the main rights and obligations of Mobilsofa and the Partner in relation to
in order to ensure that the contract for the use of Mobilsofa's services only needs to include the specific terms and conditions relating to the relationship.
2. The provisions of the GTC shall apply to any legal relationship between Mobilsofa and the Partner whereby Mobilsofa provides (or intends to provide) a service to the Partner and/or the Partner uses (or intends to use) a service.
you wish to use) from Mobilsofa. The GTC apply to all persons who request Mobilsofa to provide services and who wish to use the services (hereinafter referred to as the "Offer").
3. The content of the legal relationship between Mobilsofa and the Partner is determined by the GTC, the contract concluded (hereinafter: Contract) and the legislation in force at the time, forming an inseparable unit of content. The provisions of the GTC shall be
are contractual terms and conditions which are applicable to the legal relationship between Mobilsofa and the Partner without any specific agreement and which contain the general terms and conditions of such relationship. The General Terms and Conditions are an integral part of the contract (offer).
The Partner and Mobilsofa may, by mutual agreement and within the limits of the law, agree in writing on terms and conditions other than the GTC (or a specific part thereof).
4. If any matter relating to the legal relationship between the Partner and Mobilsofa is not regulated by the Contract or the GTC, the provisions of the Civil Code and other applicable legislation shall prevail.
II. Services of Mobilsofa
1. The Contract concluded between Mobilsofa and the Partner may cover the use of the following Mobilsofa services:
a. Hiring of furniture: on the basis of the Contract, Mobilsofa or its partners will hire to the Partner the furniture owned by Mobilsofa or its partners and specified on the Order Form for the time and for the event specified in the Price Quotation. In the context of this service, Mobilsofa shall provide the Contractor with the
According to the Partner's request, the Partner will deliver the furniture to the location specified in the Price Quote, assemble it on site and disassemble it after the event or provide Drag and Drop furniture rental.
on the basis of the task specified in its request for quotation, Mobilsofa will carry out separately furniture delivery, loading, construction, dismantling and all of these.
b. Design of floor plans, visual designs: on the basis of the Order Form, Mobilsofa may prepare floor plans, basic visual designs and graphic renderings of individual designs under the conditions set out in these GTC.
c. Preparation of printed graphics
d. Preparation of graphic materials 15 000 HUF + VAT / hour.
e. Furniture manufacturing
f. Design
2. Mobilsofa may carry out a site survey at the place of performance in order to ensure the contractual performance of the services specified in the Order Form, based on an agreement with the Partner. In the event of an incorrect or erroneous site survey by the Partner, and
Mobilsofa shall not be liable for any damages resulting from the use of this information.
3. In order to provide its services, Mobilsofa maintains a warehouse (hereinafter referred to as the "Warehouse") containing the means necessary for the performance of the Contracts. The Warehouse is open on working days between 10:00 and 16:00. During the opening hours of the Warehouse, the
free of charge. In the event of an extra request by the Partner at least 72 hours before the use, Mobilsofa will provide the possibility of an extraordinary opening of the Warehouse, the costs of which are as follows: a basic fee of HUF 30,000, which is paid by one loading employee
and includes a 2-hour special opening period. In addition to this fee, any additional loading staff can be hired for a fee of HUF 15.000.- per person for a maximum of 2 hours. By using the Warehouse
Mobilsofa will add the costs incurred in connection with the termination of the Agreement to the Partner's final invoice. Mobilsofa reserves the right to unilaterally modify the prices of the fees set out in this clause.
III. The procedure for concluding the contract
1. The Contract shall be concluded upon acceptance by the Partner of the Quotation issued by Mobilsofa to the Partner in response to the Partner's request for quotation, and upon the Partner's signature of the Order Form completed in accordance with the Quotation. The parties shall agree on the
the signed Order Form is also accepted. Unless otherwise provided in the Order Form, the Contract shall be governed by the rules set out in these GTC.
2. If the advance payment is not made 3 days before the construction date, Mobilsofa is not obliged to provide the services under the Contract. If Mobilsofa has granted a discount to the Partner and the Partner is late in paying the advance
Mobilsofa will deduct the discount and will provide the service at the full quoted price without discount.
IV. Common rules for tenders
1. When requesting a quotation, the Partner shall specify the details strictly necessary for the performance (e.g. the location and nature of the planned event), failing which Mobilsofa may revise the quoted price. The Mobilsofa may revise the quotation
is entitled to request additional information to determine the tender price. In the absence of any information on the quality of the service, the other costs indicated in the tender shall be deemed to be the guide price.
2. Mobilsofa reserves the right to change the price even in the event of a substantial change of concept, if the price calculated in the Quotation is not foreseeable due to unforeseeable factors (e.g. specificities of the site, length of construction period, etc.) or due to incomplete quotation.
may be increased by notifying the Partner.t
3. The Price quotation given by Mobilsofa is valid for 3 days, if the Partner accepts and returns the Order Form, he has 5 calendar days from the acceptance of the Price quotation to pay the advance payment specified therein. The parties agree to the
Sending the order form electronically.
V. Payment terms
1. Mobilsofa will issue an invoice with a daily settlement date on the day of payment of the advance (the day of payment to Mobilsofa in the case of cash payment, or the day of crediting of Mobilsofa's bank account in the case of payment by transfer).
For Partner.
2. If the Partner is a new Partner, i.e. has not yet ordered from Mobilsofa or has not yet concluded a contract with Mobilsofa for the provision of services, the first order must be paid in advance for 100% of the amount indicated in the Price Quotation.
in cash or by bank transfer within 5 calendar days after acceptance of the Price Offer. For each additional order, the final amount 50% of the Price quoted in the Quotation shall be paid to Mobilsofa in cash or by bank transfer after the sending of the request for advance payment.
Within 5 calendar days. This may be derogated from by mutual written agreement.
3. If Mobilsofa has granted a discount to the Partner and the Partner fails to pay the advance payment within the time limit specified in the invoice requesting the advance payment, Mobilsofa will withdraw the discount and the service will be offered at the full price without the discount.
at a price. Mobilsofa will issue a new invoice for the amount without discount, to which the provisions applicable to the invoice for the advance payment shall apply.
4. After the payment of the advance, the Partner shall pay the remaining part of the fee within 15 days of receipt of the invoice issued on the basis of the confirmation of performance of the Contract. To derogate from this by mutual agreement
in writing. The Partner undertakes to issue a confirmation of performance within 5 days of the completion date indicated in the Quotation. If the Partner fails to meet this deadline, it shall be deemed to have accepted performance. In this
Mobilsofa is entitled to issue the invoice:
5. The final invoice will be issued after the service has been completed. The final invoice may differ from the final amount stated in the original, accepted offer (contract) for the following reasons, which will be indicated on the final invoice:
a. If additional Partner Claims arise during the performance at the place of performance, the amount in the final invoice will be increased by the amount of the counter-value of the claims. In the event of an extra claim, the Partner acknowledges that the extra claim
an accurate cost estimate for the particular claim can necessarily be given, so that the exact price of the claim incurred will be provided to you at the latest at the time of acceptance of the handover, which you will be obliged to pay as part of the final invoice, with Mobilsofa being obliged to set a maximum cost price for the
on the spot, which must not be exceeded by the exact price quoted at the latest at the time of take-over
b. If Mobilsofa has not been able to repair the defects, deficiencies or damages noted at the time of acceptance of the handover and they cause such a deviation from the original offer that the Partner claims a discount, Mobilsofa shall pay the Partner the amount of the discount on the basis of the
to the extent it considers justified, by reducing the final invoice. The amount of the discount shall be proportionate to the amount of the discrepancy, and the Parties shall consult separately on the amount of the discount.
c. If defects, deficiencies or damages have been noted at the time of delivery and acceptance, Mobilsofa shall be entitled to claim the resulting proven damage in the final invoice, which shall be paid by the Partner.
d. In the event of failure of performance due to Mobilsofa's fault, Mobilsofa shall be liable for damages up to the amount of the accepted quotation
50%.
6. In the event of late payment by the Partner, Mobilsofa is entitled to charge interest on arrears at the rate set out in the Civil Code, which the Partner is obliged to pay. If the Partner is in arrears with any payment obligation, the Partner shall be entitled to
in addition to charging interest for late payment, is entitled to claim back from the Partner the full amount of any benefit granted to the Partner by way of a penalty for late payment.
7. The penalty for late payment becomes due on the day of default.
VI. Termination of the Contract, Penalty Payment
1. After the order has been confirmed by Mobilsofa, the Partner may withdraw from the Contract in the following ways:
a. Cancellation of the ordered service on the day of performance or 1 -3 days prior to performance: the Partner is obliged to pay 100% of the fee as a penalty.
b. Cancellation of the ordered service 4-6 days prior to the date of performance: the Partner must pay 50% of the fee as a penalty.
c. Cancellation of the ordered service more than 7 days prior to the date of performance: the Partner shall pay the Other Fees, Design and Material Procurement Fees and the agreed part of the total amount of the quotation.
VII. Obligations of the Partner
1. The Partner is obliged, on the basis of the agreement between the parties, to carry out the necessary on-site surveys and to provide all the necessary information, as determined by Mobilsofa. Mobilsofa shall be entitled to claim from the Partner's inadequate or incomplete
shall not be liable for any damages resulting from the prior specification of the terms of reference or from the provision of incomplete or incorrect information.
2. The Partner is obliged to provide Mobilsofa with the correct information in the quotation requested. Mobilsofa shall not be liable for any damage resulting from the Partner's breach of this obligation, nor for any additional costs incurred in this connection
is entitled to claim from the Partner.
3. The Partner shall be obliged to know and comply with the official and statutory regulations related to the performance, Mobilsofa shall not be liable in this respect.
4. The Partner is obliged to ensure the presence of a person designated by him on the spot at the time of the handover and takeover of the assets handed over during the execution of Mobilsofa, who shall sign the minutes to certify the authenticity of the same.
If no one from the Partner is present on site at the time of drawing up the report, the Partner shall consider the report, together with the information indicated therein, as accepted and shall be liable for any errors, omissions, damage, loss or damage caused by the Partner's
the claim for compensation is accepted and the amount of the compensation is paid to Mobilsofa in the final invoice. The Partner shall be liable for any damage to the rented premises until Mobilsofa takes them back. In the event of the Partner's personal
presence is not guaranteed, the on-site delivery is still valid.
5. The Partner shall provide a project manager at the place of provision of the Service who shall be available at all times for any questions, problems or other information that Mobilsofa may have. In case of lack of information by the Service Provider,
cannot meet the planned installation time due to hindrance or misinformation, in which case the Partner may be charged additional costs.
6. The Partner shall prepare the furniture, objects and equipment of its own property handed over to Mobilsofa for transport, construction, etc. for the activity to be performed with them in such a way that no damage occurs to them during their proper use, at its own risk.
Mobilsofa shall not be liable for any damage caused by improper packaging, preparation or transport by the Partner.
7. The Partner expressly accepts that the furniture items belonging to Mobilsofa have a so-called inventory value, as determined in advance by Mobilsofa. Damage to the furniture caused by the Partner shall be proportionate to the inventory value of the furniture,
and are capped at that amount. The Partner is entitled to obtain information on the inventory value of the furniture concerned at any time during the contracting process with Mobilsofa.
8. The Partner is obliged to take back the branding/inscription/decoration produced by it and applied to the Mobilsofa device before or during the dismantling process, in such a way that the predetermined dismantling time of Mobilsofa is not affected by the process. If the Partner deviates from this
Mobilsofa is entitled to receive the final invoice amount to correct for the extra costs incurred.
VIII. Furniture rental service
1. On the basis of the Contract, Mobilsofa hires out the furniture owned by it and specified on the Order Form to the Partner for the time and for the event specified in the Price Offer. Mobilsofa shall, in accordance with the Contract, provide the Furniture to the
to the specified location, assemble them on site and disassemble them after the event. As part of its furniture rental service, Mobilsofa carries out separate furniture delivery, loading, assembly, dismantling and all these services.
2. Mobilsofa reserves the right to rent the furniture on an interim basis until the conclusion of a Contract, with the rental being optional, in chronological order of the Contracts concluded. The prices included in the quotation are based on Mobilsofa's stock and delivery capacity
are valid for the duration of. Mobilsofa is obliged to inform the Partner of any changes in the Price Offer resulting from stock and delivery capacity, which entail a change in the price.
3. Mobilsofa shall be entitled to claim the certified costs necessary for the performance of the service under the Contract as part of the final invoice. This includes, but is not limited to, the cost of a permit to enter the place of performance or the cost of any necessary parking
or, in the case of a quotation for the provision of construction services only, Mobilsofa shall be entitled to invoice the costs of delivery to the place of performance.
4. The photos of the furniture for rent and viewed by the Partner do not always reflect the actual condition. The Partner may, at a time agreed in advance with the Mobilsofa representative before the date of delivery, return the hired furniture or parts thereof
in person. If the Partner does not avail himself of this possibility, he may not subsequently object to the condition of the furniture delivered by Mobilsofa to the place of performance.
5. In connection with the movable property (furniture, decorations, other accessories) to be delivered or handed over by Mobilsofa to the Partner (or a person designated by the latter) in the context of its services, the transfer of the goods (upon delivery by Mobilsofa to the Partner) and
a handover and acceptance report (upon delivery by the Partner to Mobilsofa) is made at the place of performance, on which Mobilsofa and the Partner mark the detected defects, deficiencies, damages and other objections. If, at the time of handover, the Partner finds any defects,
detects a defect, Mobilsofa shall remedy it to the extent that Mobilsofa's Service does not comply with the Contract in that state.
6. In the event that Mobilsofa has performed as contractually agreed and the Partner has additional requirements or requirements other than those set out in the Contract, the Parties shall agree on the spot and shall pay the costs incurred, as determined in advance by Mobilsofa, in accordance with the
additional costs shall be borne by the Partner in accordance with paragraph V.7.a). Mobilsofa may refuse any request for services other than those provided for in the contract concluded or additional (extra) services if it considers them to be incorrect or
would lead to late performance, or which the Partner is unable or unwilling to meet, or which the Partner does not bear the additional costs. The Partner shall be obliged to acknowledge the above and shall not be liable to Mobilsofa for any delay, defective performance or non-performance. A
Mobilsofa shall deliver the Furniture to the venue and assemble the Furniture only upon receipt of the Advance Payment or, if the Parties agree to transfer the Advance Payment to Mobilsofa's designated bank account, upon receipt of the Advance Payment.
at. The Partner's delay in paying the advance payment shall exclude Mobilsofa's simultaneous delay.
7. If Mobilsofa detects any defects, shortcomings or damages in the goods handed over to the Partner upon acceptance of the handover, Mobilsofa shall record them in the acceptance report and the Partner shall be obliged to compensate the Partner for the following damages resulting from the defects, shortcomings or damages
all damages resulting from the damage, which will be included in the final invoice.
8. The Partner's representative must be present at the delivery and collection of the furniture required for the performance and must provide the number of loading staff specified in the Contract by Mobilsofa. If the Partner's representative or the
loading staff are not present at the agreed time of delivery, Mobilsofa is not obliged to deliver the furniture and may refuse to perform the Contract. In this case Mobilsofa shall be entitled to a penalty payment.
9. If the Partner's representative is not present at the time of the previously agreed return of the furniture forming part of the performance, Mobilsofa shall be entitled to the fee regardless of this, and the damage to the furniture during the rental period and caused by Mobilsofa at the time of returning the furniture
may assert a claim against the Partner for any damage discovered. In this case, Mobilsofa will send the Partner the return report within 72 hours of the day following the date of the return, and the Partner will not be entitled to object to the report.
10. The Partner shall ensure that Mobilsofa has access to the place of performance specified in the Contract. The Partner shall provide Mobilsofa at the place of performance with all permits, documents and papers which are indispensable
as a condition of performance of the Contract, in particular the following documents:
a. Provision of access permits and any other permits that may be an obstacle to the provision of the service at the place of performance free construction and demolition work.
b. If necessary, obtain from third parties the authorisations that allow Mobilsofa to archive the data. take pictures for the purpose of.
11. If the performance involves the transport of furniture and other equipment and the early time of performance (in Budapest and its 20 km radius before 8:00 a.m., elsewhere before 9:00 a.m.) is due to pre-packing, i.e. 7.5
tonne or 12 tonne lorry must be mobilised to the Warehouse the day before the delivery, Mobilsofa will invoice the Partners for the cost of the pre-packing.
12. The Partner acknowledges that the rental will be made up of a mix of new and used assets.
IX. „Drag and Drop” (Grab and Drop) furniture rental
1. In the case of „Drag and Drop” furniture rental (hereinafter referred to as "D&D"), Mobilsofa does not normally provide for the delivery, installation, dismantling and return of furniture and equipment, which is provided by the Partner. Mobilsofa shall not, in its dealings with the Partner
ensure the receipt of the furniture and equipment stored in the Warehouse by the Partner and its return after use, as agreed.
2. Drag&Drop projects will be charged a preparation fee depending on the volume of the project. Point 2.
add: Mobilsofa may require a deposit for the equipment rented. The amount of the deposit is the cost of the equipment.
Cost.
3. During the delivery and receipt of furniture and equipment, the Partner must agree in advance with Mobilsofa on the estimated time of loading and unloading during the opening hours of the Warehouse. If any of these times are outside the Warehouse
outside of opening hours, the Partner must make an appointment with Mobilsofa.
4. If one of the following points is not fulfilled, the discount on the rent previously granted will be cancelled. The previous discount 50% will be applied in the final settlement of Mobilsofa.
a. Enforcing packaging guidelines during dismantling.
b. Enforcing transport guidelines.
c. Items and quantities on the asset list at the same time, based on a fixed return date. return to.
d. Return on time as agreed with the project managers.
5. Mobilsofa will send the available packaging, assembly and delivery specifications of the rented furniture and equipment to the Partners by e-mail. The Partner is obliged to handle the furniture and equipment in accordance with these specifications. The Partner shall inform Mobilsofa of any non-compliant
damage resulting from the packaging, transport and packaging procedure.
6. When the Partner takes over the rented furniture and equipment from D&D, Mobilsofa's warehouse will provide assembly and packing instructions, Mobilsofa's warehouse staff will participate in loading the delivery truck, Mobilsofa's warehouse staff will
make sure that the products are properly secured in the warehouse and Mobilsofa will provide the necessary materials for proper repacking.
7. During the transfer of D&D leases, Mobilsofa will prepare and sign the following accompanying documents: equipment list, consumables list, assembly and packaging specifications document.
8. When returning D&D rental furniture and equipment, there is the possibility for Partner or his/her representative to participate in the quality and quantity control process of D&D rental furniture and equipment. As a general rule, the quality and quantity
Any problems found during the inspection will be reported to the Partner within 72 hours.
a. Immediate take-back: the Partner or his/her representative will be involved in the quality and quantity control process of the furniture and equipment rented from D&D. Following the inspection, a report of any damage or shortage will be made by the Partner
or a person representing him or her. The Partner receives the signed return document confirming the return and the return process is completed, the Contract is fulfilled.
b. Conditional take-back: the Partner or his representative is only present at the actual physical unloading, not at the quality and quantity control. In this case, the warehousekeeper shall mark the take-back document „conditionally accepted” and shall indicate that it has been
return it to the Partner or its representative. If damage/defects are detected by the warehouse employee performing the return inspection, he/she must return the goods within 24-72 hours (24 hours on public holidays, Mon, Sun, Sun, CS, 72 hours for returns on Fridays and Saturdays) with a photograph
a documented report containing the inventory value of the damaged/ missing product and the extent of the damage will be forwarded by Mobilsofa to the Partners, together with an invoice for the specific additional costs to be reimbursed.
9. The Partner acknowledges that the rental will be made up of a mix of new and used assets.
X. Preparation of graphic materials
1. Mobilsofa shall also decorate the rental premises or the respective place of performance with graphic materials (hereinafter referred to as „Materials”) in accordance with the requirements of the Partner as specified in the Order Form. The Materials shall be provided by the Partner to Mobilsofa or shall be
Mobilsofa will prepare it for print production at the partner's request for a fee of 15 000 HUF + VAT /hour.
2. The Materials shall be delivered to Mobilsofa's representative by the completion date specified in the Quotation. If the Partner fails to meet this deadline, Mobilsofa shall be entitled to charge an emergency surcharge at the rate specified in the Quotation
25% of the amount specified. Mobilsofa shall be entitled to charge, in addition to the emergency surcharge, the transport costs necessary for the emergency purchase of the Materials.
3. Mobilsofa shall not be liable for any shortcomings or defects resulting from the late delivery or preparation of the Materials. In this respect, the Partner shall have no claim against Mobilsofa.
4. If the Materials are designed and prepared by Mobilsofa, it will send an individual offer. The use of the Materials designed by Mobilsofa as works of authorship shall be subject to a separate agreement between the Parties. If the Parties do not
provide separately for the development of the copyright in the Materials, the Partner shall acquire the right to use them for a limited period of time, until the time of performance, and Mobilsofa shall own the copyright in the Materials.
XI. Production of floor plans, visual designs and printed graphics
1. Mobilsofa shall, when preparing the floor plans and visual designs ordered by the Partner, at least 70% -You undertake to comply with the following.
2. Mobilsofa prepares the visual designs by a deadline agreed on an individual basis.
3. Mobilsofa accepts the materials delivered by the Partner for printing without checking their quality and without any guarantee and forwards them to the subcontractor's printing works for printing.
4. The printing house acting as a subcontractor of Mobilsofa will check the printed graphics after their transmission by Mobilsofa according to the following criteria: correct size/resolution, format check for optimal compliance with the printing technology requirements
to comply with. The need to re-edit material supplied by the Partner for printing shall entail a graphic design fee, which shall be invoiced by Mobilsofa.
XII. Furniture manufacturing
1. Upon acceptance of the Quotation by the Partner and completion of the Order Form by the Partner, Mobilsofa and the Partner enter into a Contract, under which Mobilsofa shall carry out production work for the Partner in accordance with the Quotation.
and for a specified period (hereinafter referred to as „Production”)
2. Mobilsofa will produce a sample for the Partner based on the preferences specified in the Quotation. After the acceptance of the sample by the Partner, Mobilsofa will issue an invoice for the 50% as an advance payment of the fee specified in the Quotation, which will be sent to
Partner must pay within 2 working days of receipt.
3. Mobilsofa will start Production after the Advance Payment has been credited to Mobilsofa's bank account. The duration of the Production shall be the period specified in the offer.
4. If the Order Form indicates a short deadline for Production, Mobilsofa is entitled to charge an emergency surcharge.
5. If Mobilsofa has commenced Production, in the event of withdrawal or termination in the interest of the Partner, Mobilsofa shall be entitled to issue an invoice for 100% of the price set out in the Quotation, which the Partner shall be obliged to pay in accordance with the provision of clause XII.2.
to pay.
6. The Parties shall, in the course of the Manufacture of Mobilsofa the development of the copyright in a copyright work created by the author is the subject of an individual agreement.
XIII. Planning
1. Upon acceptance of the Quotation by the Partner and completion of the Order Form by the Partner, Mobilsofa and the Partner shall enter into a Contract, under which Mobilsofa shall carry out design work for the Partner in accordance with the Quotation.
and for a specified period of time (hereinafter referred to as „Planning”).
2. The use of the works of authorship resulting from the Design shall be subject to a separate agreement between the Parties.
3. Mobilsofa Design prices do not include graphic design fees. Mobilsofa will provide an individual quotation for this after assessing the work to be carried out and will carry it out on the basis of a separate agreement.
4. Unless otherwise agreed, the advance payment of the Fee 50% (the „Advance Payment”) shall be due at the time the Contract is entered into. Mobilsofa shall provide the design work in accordance with this will start as soon as the funds are received.
XIV.Reference
1. Mobilsofa shall be entitled to take photographs of the installation at the place of performance and use them as a reference. If Partner also wishes to make recordings and use them as a reference in any form, it must
„Created by: Mobilsofa Kft.” If you fail to do the above, Partner shall pay Mobilsofa the sum of HUF 1.000.000.- as liquidated damages and shall pay Mobilsofa for any further damages exceeding this amount (such as
foregone profits).
XV Vis Maior
1. Mobilsofa and the Partner (hereinafter referred to as the Parties) acknowledge that they shall be released from the contractual performance of this Agreement only in case of force majeure, and shall notify each other thereof without undue delay. For damages resulting from failure to give notice, the
the defaulting party is liable for damages. For the purposes of this contract, the Parties shall consider as Vis Maior unforeseeable events which are due to causes beyond their control, which are beyond the control of either Party and which are partly or wholly
make performance of the contract impossible or disproportionately burdensome. Such circumstances include in particular natural disasters, catastrophes, war, strikes, etc.
XVI.Cooperation and liaison
1. The Parties undertake to refrain from entering into any contract during the term or validity of this Agreement which would make it impossible for them to perform their obligations under this Agreement properly and adequately.
2. The parties are obliged to inform each other immediately of any facts, events and circumstances that may jeopardise or hinder the contractual performance. The defaulting party shall be liable for the consequences of failure to notify.
3. Each party shall send notices and declarations relating to the Contract to the other party in writing (by hand delivery, registered post, fax or e-mail). Notices sent by a Party shall be given on the following dates
considered:
- in the case of personal delivery or delivery by courier, when the consignment is certified as having been handed over to the party concerned;
- in the case of a postal consignment (registered, recorded delivery or other registered), when it is certified as delivered, provided that if the consignment is returned from the other party's address marked „unknown”, „moved”, „not received” or „not sought”, it is deemed to have been delivered when the consignment is returned by the post office;
- by the second working day after sending the letter or on the day of the confirmation e-mail.
4. The Parties stipulate that the statements sent to each other in accordance with the above shall be deemed to have been communicated even if the other Party did not become aware of them because it prevented delivery in any way (e.g.: did not seek delivery, unknown at the address provided),
moved to an unknown location, refused to accept delivery, did not access the electronic mail system). The Parties shall notify each other immediately of any facts, events or circumstances that may jeopardise the proper performance of the contract or
inhibits. The defaulting party shall be liable for the consequences of failure to notify.
5. The parties agree to accept any oral agreement in case of urgency in relation to the contract, but shall also inform each other by e-mail.
XVII. Dispute settlement and governing law
1. The parties agree to settle any disputes arising from the contract primarily through conciliation and shall a conciliation hearing, and only if this is unsuccessful can they go to court.
2. The Parties agree that Hungarian law shall apply to any dispute that may arise between them, and accordingly Hungarian law shall prevail in relation to the interpretation of the provisions and terms of the contract.
XVIII. Entry into force
1. The present GTC shall enter into force on 1 August 2022, with the proviso that it shall apply to Contracts entered into after its entry into force, and shall become part of the Contract in respect of Contracts entered into before its entry into force only if Mobilsofa
duly initiates the amendment of the Contract due to changes in the provisions of the GTC.