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GENERAL TERMS AND CONDITIONS

SME-EUROPE LTD.                       

These general terms and conditions (hereinafter referred to as: “GTC”) set the rules for the performance of transport activities carried out for SME-Europe Ltd. (registered seat: 2100 Gödöllő, Ádám utca 51., company registration number: 13-09-203563, tax ID number: 27300468-2-13.) as principal (hereinafter referred to as: “SME-Europe” or “Principal”).

These GTC shall be mandatory as part of any agreement concluded between SME-Europe, as Principal and another legal entity performing transport/forwarding/delivery/storage activities (hereinafter referred to as “Carrier” or “Agent”) for the Principal. If no separate commission was established between the Parties, these GTC shall determine – in addition to the provisions of the relevant domestic and international legislation – all the rights and obligations of the Parties arising from the legal relationship. 

Under these GTC the Principal and the Agent are collectively referred to as: “Parties”.

I.             Definitions

AETR: Act IX of 2001 on the publication of the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) and the set of rules contained therein;

EKAER number: An identification number generated by the Electronic Trade and Transport Control System set up by the Ministry of Finance Decree No. 13/2020 (XII. 23.) on the operation of the Electronic Trade and Transport Control System;

Place of loading: the place where the Carrier takes over the goods/cargo/shipment they want to deliver and load it onto the means of transport. In the performance of the commission all the places covered by the means of transport are considered as place of loading where goods/cargo/ shipment is loaded, irrespective of its quantity;

Means of transport: (Freight)motor vehicle/equipment used in the performance of freight tasks;

Freight task: the transport/delivery activity performed between a place of loading and a place of unloading using the means of transport;

Transport contract/Forwarding contract: A contract concluded between the Principal and the Carrier shall be deemed as a transport contract provided that the transport is exclusively carried out by the Carrier using the means of transport of their own or maintained by them. A contract between the Principal and the Carrier shall be deemed as a forwarding contract if the Carrier uses additional carriers/forwarders to forward the consignment. In order to ensure the effective performance of the freight task, the Principal is free to decide to use a subcontractor(s);

Carrier/Agent/Forwarder: A party performing a freight task on behalf of SME-Europe, who shall perform the freight task(s) commissioned by the Principal under the terms of an individual order – or, where applicable, under the terms of a specific agreement between the Parties;

Damage: In the most common sense, damage is all such disadvantages sustained by someone in person or property due to a harmful activity. It may be pecuniary damage (actual damage or loss of profit) and non-pecuniary damage;

Container: A metallic object forming a unit load for storing various goods;

Place of unloading: the place where the Carrier hands over the transported goods or part of the goods in a way verifiable by the consignee. In the performance of the commission all the places covered by the means of transport are considered as a place of unloading where goods/cargo/shipment are unloaded, regardless of their quantity; (A place of unloading may also be considered as a place of loading if goods/cargo are loaded on the means of transport at the same place after unloading);

Principal: SME-Europe Ltd.;

Customer: a third party in a contractual relationship with the Principal whose goods/cargo SME-Europe has undertaken to deliver to their destination and this third party pays SME-Europe for the delivery of the shipment;

Terminal: A geographically identifiable place where the Agent loads or unloads the container on the means of transport;

II.           Agreement of the Parties, order acceptance, conclusion of the contract

The Principal is specialized in the transportation of the goods of a third party as the Customer to the place determined by the Customer, with regard to which the Principal forwards the Customer’s goods either in their own means of transport (in this case acting as a carrier), or they use another carrier – an Agent/Forwarder/Carrier. In the latter case, the customer’s goods are handed over to the Agent/Carrier/Forwarder with the Principal’s assistance and on behalf of the Principal. With the agreement of the Parties, the Agent i.e. the third party undertakes to transport the goods of the Customer in a contractual relationship with the Principal to the place determined by the Customer while the Principal undertakes to pay a fee in return for the freight task.

In their contractual relationship with each other the Principal and the Agent deem the rules of electronic contracting of Act V of 2013 on the Civil Code (hereinafter referred to as: “Civil Code”) applicable and mandatory.

In all cases – without exception – the Principal shall send in writing or by electronic means (e-mail) their written order for the freight task as a commission (commission given orally or by telephone must be confirmed in writing without delay with the understanding that in the absence of subsequent written confirmation, the commission may not be considered valid). 

If no separate drafted and specific written arrangement/specific agency contract/written order accepted by both Parties is established, the content of the legal relationship between the Parties shall be determined only and exclusively by the provisions of these GTC. Both the written order placed electronically and the specific agency agreement – if there is one – together with the provisions of these GTC, shall became effective when it becomes available to the Agent and the Agent sends electronic confirmation with unchanged content to the contact person of the Principal to the email address specified in the specific order. In the event that the Parties agree on a question/subject matter that has been regulated in these GTC and in the specific agreement (differently from the provisions of the GTC), the specific agreement shall be applied. 

If the confirmation made by the Agent contains any changes, the Principal shall confirm it in writing individually and in this case the date of the Principal’s confirmation will be the date of the agreement – order – between the Parties.

The Carrier is obliged to verify the authenticity of the data provided by SME-Europe, if they have the possibility to do so, because if it can be clearly demonstrated afterwards that the incompleteness/inaccuracy of the data provided caused damage, and it can be traced back to the behavior of the Agent – that is, the Agent did not act as it is expected in that given situation –  and the Carrier did not verify the completeness and correctness of the data, all damage and costs shall be borne by the Agent.

The Agent expressly accepts and acknowledges the terms and conditions laid down in these GTC as binding upon him/her by sending the confirmation of the freight order by e-mail (the start of the freight task – in the absence of a confirmation – is considered as the tacit acceptance of the freight order, which also means the acceptance of the provisions of these GTC).

In the specific order the following must always be recorded in each case:

the agency (freight) fee;
The name, address, tax number, bank account number of the consignee;
The exact description, quantity and weight of the goods to be transported, where appropriate, its volume, dimensions and methods of packaging, hazard classification; 
The delivery temperature other than the current outside temperature;
The exact address and availability of the place of dispatch and sending (coordinates, accessibility and contact information of contact people);
Any special requirement for the goods and the implementation of the freight task.

The Principal shall communicate their requirements for pallet change or the return transport or change of other transport means, packaging materials in the case of each order individually in writing, and in this case the Parties shall agree on the terms and conditions of this separately, and in the absence of this agreement, the Agent may have no claims against SME-Europe in this regard.

III.        Handling the documents related to the freight task

The Agent – or the driver acting on their behalf – is required to certify the receipt of the goods/cargo/consignment/container by signing and stamping the delivery note(s), and is required to have the complete and undamaged hand over/delivery of the goods/cargo/consignment/container certified by the person representing the consignee – the recipient – on the delivery note(s). In addition, after the performance of the freight task the Agent shall send back to the Principal the relevant delivery notes certified by the consignee in the case of transports in Hungary within three working days, while in the case of international transports within 10 working days, electronically or by post. If the delivery notes are not sent back within the specified deadline, the Principal shall be eligible to invoice the Agent for each delivery note 5 EUR/day/document delay penalty for freight tasks to be performed in Hungary, and 3 EUR/day/document delay penalty in the case of international freight tasks. The Principal reserves the right to include the amount of the issued delay penalty invoices in the agency fee.

The Agent is only required to provide and perform customs clearance tasks if it is specifically required by an agreement, however, in all cases where transport is directed out of or into the territory of the European Union, as a general rule all measures/tasks related to customs clearance shall be the obligation of the Customer of the Principal. If customs clearance is the obligation of the Agent – according to the specific agreement of the parties –, SME-Europe shall hand over the required customs documents to the Agent for handling, but does not take any further responsibility. SME-Europe assumes no responsibility for any consequences either arising from the inadequacy or incompleteness of customs documents or relevant instructions, and it is the Agent’s responsibility in all cases to check their completeness and adequacy.

IV.         Requirements for performing the freight task by the Agent, the Agent’s obligations

In order to perform the freight task as an order, the Agent is required to provide the means of transport suitable for the delivery defined in the order at the time and place defined in the specific agency contract or, in the absence thereof, at the time and place specified in the order, in a condition suitable for transport, and the transport activity shall be started without delay.

In all cases the Agent is obliged to ensure that their means of transport applied and used in the performance of the freight task should be suitable for managing domestic and international road/water/air transport, and also have all the permits, examinations, equipment (spanband, end-locking device, ISO certified container lock, etc.) required by law for the performance of the transport. The quoted freight cost includes all costs incurred during the transport, including but not limited to the tolls, entrance permits, bridge tolls, forwarding costs, including the required insurance, especially cargo insurance. In view of the provisions of this point, the Agent acknowledges that in addition to the freight cost they may not have any demands or payment claims on any other grounds.

When receiving the cargo/goods/consignment/container from the Principal (or even directly from the Customer), the Agent is required to check its packaging and the integrity of the container, in addition to checking and comparing the quantity of goods/consignments in the transport documents and the actually loaded quantity.  Furthermore, the Agent is obliged to indicate any reservations regarding the goods/consignment and the external condition of its packaging and any damage thereof, together with their reasons on the consignment note (in the case of international freight tasks, in all cases, required on the CMR) or the delivery note and to communicate any objections to the Principal in writing. (If the Principal does not agree with the objections of the Agent, the Agent can not start performing the freight task until the Agent has discussed the objections with the Principal and Parties have agreed regarding the objection in writing). In the event of a failure to fulfill the obligation included in this point, in the case of damage caused by this failure the Agent may not claim any damages or costs which can be attributed to the shortcomings of the goods/cargo/container or which occurred/were incurred as a result thereof.

The Agent is obliged to send a written notice without delay to the Principal of any problems occurring both before the start of the freight task and during the freight task which prevent the full performance of the task. The Agent shall take unlimited financial liability for all the damage resulting from the failure to give notice, with the understanding that if the Agent does not notify the client in a timely manner of the information regarding the proper performance/capability of performance of the freight task, the Agent shall be obligated to pay a penalty of EUR 100 per occasion (e.g. not reporting delays, the loading of goods not included in the CMR on the means of transport, damage to the goods, etc.) with the understanding that the penalty is imposed regarding a particular freight task – in the case of several defaults –, in proportion to the number of failures, based on the number of defaults.

Any unavoidable external event beyond the control of the Parties which significantly prevents the performance of this Agreement between the Parties shall be considered as force majeure (e.g. natural disasters, nationwide strikes, etc.). In the event of force majeure – where it is possible under the current circumstances – Parties shall notify each other in writing without delay. Such notification shall specify the exact cause of the force majeure, and the expected effects of such an event on the performance of the Agreement between the Parties. For the duration of force majeure the Parties’ rights and obligations related to the contract shall be suspended.

In the performance of all tasks the Agent shall be responsible for properly securing the goods/cargo/consignment/container as a measure to prevent damage to the goods/breakage/rolling over. In all cases when the goods/cargo/containers involved in the Agent’s performance of the order suffer damage/breakage/rolling over, the Agent is to prove that the damage is not due to non-compliance with the rules on securing the goods/cargo/container. The Agent shall take full financial responsibility for the damage resulting from the non-compliance with the provisions for securing the goods/cargo/container, and shall explicitly accept the rules for liability for damage by becoming familiar with these GTC – as part of the agreement concluded between the Parties.

The Principal also informs the Agent in these GTC that during the evaluation process of each claim (damage to the goods) – in particular in the classification of the goods affected by the damage as scrap – the Customer may prescribe the Principal a mandatory system of aspects and rules, from which the Principal – on the basis of commitment(s) towards the Customer – is not allowed to deviate, and must apply them on a mandatory basis. As a result of this commitment by the Principal, the Agent acknowledges that during the evaluation process of a claim, the goods classified by the Customer as scrap must also be deemed as scrap in determining the amount of the claim even if the insurance company of the Agent has not classified them as damaged (scrap) – for quality assurance or any other reason unknown to the Agent – and therefore has not included them in the amount of the claim.

If during loading/unloading there is any event preventing or delaying the performance of a freight task, the Agent is obliged to communicate it immediately orally and then in writing to the Principal.  (Such a factor leading to a delay especially if it is not started at the place of unloading in time – at the time corresponding to the specified time window – is unloading).  If the Agent fails to comply with their obligation to notify, they shall be obliged to compensate for the damage caused by this failure or the damage incurred on the side of the Principal verifiably resulting from this failure (e.g. Customer’s penalty claims). 

By entering into the agreement between the Parties the Agent declares and fully warrants that they have all the licenses, permits (goods damage) insurance, authorizations necessary to perform the freight tasks to be completed under the agreement between the Parties, in particular:

·    Operating licence;

·    EU license (CMR, for an international freight task);

·    BÁF (Domestic road freight liability insurance for a domestic freight task);

·    CMR insurance (for an international freight task);

·    Liability insurance accepted by the Customer and the Agent;

·    ATP certificate (for an international freight task);

·    A certificate of no criminal record, about the employed drivers.

The Agent shall communicate the termination or restriction of the insurances, licenses, certificates and the changes in their conditions to the Principal without delay, but no later than within 24 hours, with the understanding that if this circumstance makes it impossible to maintain the commission/order, the Principal may withdraw from the agreement between the Parties or may terminate it. The Agent declares that in addition to the liability insurance for the goods they have such a general business liability insurance which covers all the damage incurred in connection with their activity (e.g. personal injury, damage not to the goods in transit, which is  non-recoverable from anywhere else); the expected amount of this general liability insurance coverage is EUR 100,000/claim/year in the case of transportation with a 40-tonne means of transport, and 15,000 EUR/claim/year for transportation with a van (light commercial vehicle).

The Customer of the Principal shall specify the EKAER number in the case all orders, before the start of each freight task subject to EKAER the Customer shall provide it for the Agent with the understanding that it is a prerequisite for the performance of this obligation of the Agent that in the case of each transportation subject to an EKAER number the Agent shall within a reasonable period of time provide the exact weight of the cargo for the Principal). Without the knowledge of the EKAER number the Agent may not start the freight task, they must communicate its absence to the Principal first orally and then in writing. If the Principal sustains material damage (fine, penalties, surcharges, etc.) due to the breach of the latter provision, the Agent is obliged to reimburse it, including any penalties and official fines. If in the course of the EKAER reporting obligation the Principal sustains material damage either due to data incorrectly provided by the Agent, or due to data incorrectly provided by the Customer, then in all cases the party – Customer or Agent – responsible for the damage (fine, punishment, surcharge, etc.) is obligated to reimburse it.

V.           Demurrage charge

The Agent acknowledges that SME-Europe shall only pay a demurrage charge to their Agents if SME-Europe is able to claim it from the Customer in the case of a given freight task, given that the Parties (Customer – SME-Europe) agreed on this separately. If the Customer makes it possible for SME-Europe to claim demurrage charges, then SME-Europe shall record the fact and extent thereof individually in the commission given to the Agent in each case, and on this ground the Agent may claim the payment of 80% of the demurrage charge provided for and actually paid to SME-Europe by the Customer.

The Agent may not charge a demurrage fee if the means of transport arrived at the designated place of loading/unloading at a different time of loading/unloading than specified in the order. Saturday, Sunday, as well as bank and public holidays and the waiting time needed for customs clearance always qualify as demurrage free periods.

The verification of the demurrage time is primarily done by completing the proof of stay certificate, or in the absence of this, the CMR consignment note by entering the check-in and check-out dates, supported by GPS data.

VI.         Lapse, termination of the commission

The Agent may withdraw free of charge from a commission confirmed by them in writing at least 72 hours before the starting time of the freight task.

If less than 24 hours are left between the starting time defined in the freight task commission and the time of withdrawal, the cancellation of the commission is possible by paying the Principal a penalty individually agreed between the Parties – but minimum EUR 500 – and by paying the Principal the surcharge fee paid to other carriers used by the Principal in order to transport the consignment by the deadline.  If less than 72 hours but more than 24 hours are left between the starting time defined in the freight task commission and the time of withdrawal, the cancellation of the commission is possible by paying the Principal a penalty individually agreed between the Parties – but minimum EUR 250 – and by paying the Principal the surcharge fee paid to other carriers used by the Principal in order to transport the consignment by the deadline.

In the event of a breach of contract or deliberate damage, the contract may be terminated by either party with extraordinary termination, in written notice addressed to the other Party with immediate effect.

Furthermore, either Party is entitled to terminate the Contract/ Order with immediate effect in the – but not limited to – following cases:

binding bankruptcy, liquidation or winding-up proceedings against the other Party and,
if the binding removal procedure from the companies register of the other Party ruled by the court of registration is started,
in case of the deletion or suspension of the tax number of the other Party.
 
The contract is also terminated if the performance becomes impossible for reasons independent of the Parties’ will and conduct.

VII.       Invoicing

With regard to the provisions set out in Section 163 of Act CXXVII of 2007 on value added tax, the Agent shall undertake to issue the invoice within 8 days of the performance of the order to the Principal, and to send it to the Principal – if they have not previously done so, together with the invoice/invoices at the latest – with all the documents certifying the performance, thereby ensuring that the Principal can invoice the performance further to the consignor (the Customer) of the shipment.

The Principal shall pay the amount of the invoice/invoices issued and sent by the Agent after receiving the original, CMR consignment note duly certifying the receipt of the goods and, if necessary, after receiving other documents. The Agent must also attach the GPS data relevant to the performance of the freight task to the invoice, which must include the following data:

time of arrival and departure at the place of loading/unloading;
the route during the freight task including stops.

The Principal shall pay the invoice – in the absence of a specific, different agreement – within 45 banking days from the date of receipt by bank transfer to the bank account of the Agent specified in the order. The invoice must be issued in the currency indicated in the order, in HUF in the case of freight tasks performed in Hungary, in EUR in the case of international freight tasks.

The transport documents and the invoice(s) issued in connection with the freight task must be sent to the following address of the Principal:

SME-Europe Kft.

H-2100 Gödöllő, Ádám u. 51.

In the case of electronic invoicing, it must be sent to the following email address:

info@sme-europe.com

VIII.    Liability, claims settlement

In the case of a transport contract SME-Europe’s liability is governed by the Convention on the Contract for the International Carriage of Goods by Road (19 May 1956) as amended and consolidated by the Protocol to the CMR (hereinafter referred to as “CMR Convention”). In the case of a forwarding contract, SME-Europe’s liability is governed by the provisions regarding forwarding contracts of Act V of 2013 on the Civil Code (Ptk.) as well as the text and the relevant amendments of the Hungarian General Forwarding Conditions (hereinafter referred to as: “MÁSZ”). In the case of intermodal transport, Article 2 of the CMR Convention is applicable with the understanding that the subcontractor performing the carriage at that given stage shall be liable for any damage emerging during non-road transport.

In the case of transport of excise goods if a shortage of goods occurs due to theft during transport, the Agent shall have full liability for damages for the missing goods by having to pay any additional costs, any official taxes, fees and duties.

Claims settlement: During the settlement of claims, the Principal and the Agent must cooperate to settle the claim as soon as possible.

Reporting of claims: The Agent is required to report all damage immediately after its detection, but no later than within two days of its occurrence to SME-Europe and to send the CMR consignment note containing the withholding and the report made about the release to the email address of SME-Europe (info@sme-europe.com).

IX.         Non-compete agreement

The Agent undertakes not to conclude any contracts or perform any freight tasks connected to the freight tasks agreed upon in the order(s) between the Parties – during the period of such order(s) – either directly or indirectly with the contractual partners (Customers) of the Principal. In the event of a breach of the undertaking under this point, the Agent shall be obligated to pay the Principal a compensation in the amount of EUR 10,000 i.e. ten thousand euros.

X.           Miscellaneous provisions

The representatives of the Parties declare that they are entitled to represent the business organizations represented by them on the basis of legislation, the articles of association or a separate authorization for this legal transaction. The Parties shall have full and unlimited liability for the veracity of their legal statements.

The Parties undertake to inform each other of any changes in their data (company name, registered seat, bank account number, bankruptcy, liquidation or winding-up procedure, merger, succession, etc.) – with the burden of liability for damages resulting from the failure of providing such information – without delay but no later than within 10 working days after the change.

The Parties shall treat the content of the contract concluded between them by accepting the commission as well as any information they obtain or become aware of during the performance of the contract as a trade secret. Any such facts, information, solutions and data relating to the business activities of the other Party are considered as a trade secret, in which regard it is in the legitimate interest of the Party that they remain in secret, and in which regard the Party has taken due measures that they are kept in secret. The breach of a trade secret is the acquisition, use or other communication or disclosure of facts, information, solutions or data which are so significant to the Party that they have a legitimate interest in keeping them confidential. The Parties must not disclose any trade secrets to third Parties without authorization, they must not use them for themselves or for others, they must not disclose them to the public. In the event of a breach of a trade secret, the Party shall be liable for full damages as defined in the Civil Code and have criminal liability as defined in the Criminal Code. The confidentiality obligation of the Parties shall survive the termination of the contract without time limit.

In the event of any breach of the provisions set out in these GTC and in the specific transport order the Agent shall be liable to pay penalties, including the obligation to provide information and to meet deadlines. In the event of any breach of the provisions of the order/commission (e.g. cancellation of the freight task, late arrival at the place of loading/unloading) – if no specific penalty amount is specified in these GTC, the Agent shall pay a penalty of EUR 250/occasion, in addition to which the Principal may claim damages in excess of the penalty. In all cases, the amount of the penalty may be counted in the invoice issued by the Agent.

The Agent shall immediately inform the Principal in writing of any problems arising during the transport that prevent the full performance of the freight task. In all cases, the Agent shall be fully liable for any damage resulting from the failure to give notification.

Any unavoidable external event beyond the control of the Parties which prevents the performance of the contract shall be considered as force majeure (e.g. natural disasters, nationwide strikes, etc.). In the event of force majeure – where it is possible under the current circumstances – Parties shall notify each other in writing without delay. This notification shall specify the exact cause of the force majeure and its expected impact on the performance of the contract between the Parties. For the duration of force majeure the Parties’ rights and obligations related to the contract shall be suspended.

The Agent shall be liable for the conduct of any intermediary used by them in the performance of the freight task as if they had acted themselves. The Agent shall acknowledge that they have full financial liability and liability to pay compensation for any damage to the goods caused during the freight task. The Principal is also responsible for the proper fixing of the goods/container/cargo on the means of transport before the start of the transport, and is liable for any damage resulting from failure to do so.

The Principal shall inform the Agent that the personal data obtained by the Principal in the course of the commission will be only processed in connection with the commission and in compliance with the relevant legal obligations in particular, the provisions of Act CXII of 2011 on the freedom of information (hereinafter referred to as: “Act of Info”). The Principal may only disclose facts, data and opinions concerning the Agent to third parties in cases specified by law or with the express consent of the Principal. Furthermore, the Principal informs the Agent that they will provide the personal data necessary for the performance of their obligations regarding the payment of the commission for their employees concerned by the payment.

The Principal also informs the Agent that in the event that the Agent performs the commission agreed upon between them by using a subcontractor(s), it will be necessary to conclude a Data Processing Agreement between the Parties, which Data Processing Agreement shall supplement the provisions of these GTC, and the provisions contained therein shall be interpreted in accordance with the provisions of these GTC.

In issues not regulated by these GTC, the provisions of Act V of 2013 on the Civil Code, the CMR Convention, the Hungarian General Forwarding Conditions as well as the provisions of the relevant Hungarian and international legislation shall apply.

The Parties shall act in mutual cooperation in order to perform the contract. In the course of their activities, the Parties shall be under a mutual obligation to inform, notify and warn each other of any circumstances that may prevent the proper performance of the contract. Each Party shall take all reasonable measures to prevent all damage and to mitigate any damage that may occur.

The Parties agree that they may validly send their written legal statements to each other by registered post with a return receipt addressed to the registered seat specified in the contract, which shall be deemed to have been delivered on the 5th day after it is sent.

Hazardous goods: In the case of hazardous goods transport, when sending the order the Principal shall indicate the hazard class of the goods according to the given branch of transport, the information necessary to avoid the hazard, the name of the so-called Security Advisor, the registration number according to the companies register. (In the absence of these, the Agent may refuse to accept the goods).

Processing of personal data: In the course of performing the activities and tasks covered by these GTC, SME-Europe shall process the personal data of all contributors and data subjects of SME-Europe Ltd. in accordance with its current Data Protection Regulation in force. If personal data is transferred by SME-Europe to the Customer in connection with the performance of any order, the Parties shall conclude an individual data processing contract for the processing of personal data or the provisions of SME-Europe’s Data Protection Regulation shall prevail.

Reservation of rights: No failure or delay in enforcing any of SME-Europe’s rights – including those set out in these GTC – shall be deemed a waiver of such rights, and no single or partial enforcement shall prevent the further enforcement of such rights.

Appropriate fees: By accepting these GTC the Agent shall declare that they do not consider the damage and cost rates set out in these GTC to be excessive and expressly accept them.

Completeness: The commission and the confirmation as well as these GTC contain all the terms and conditions of the agreement between the Parties. Any prior agreements, customs, practices between the parties, including the other party’s general terms and conditions, shall cease to apply. These GTC do not contain any provisions significantly different from legislation or from standard contractual practice.

Applicable law: in matters not regulated in these GTC the Hungarian laws shall apply.

Jurisdiction: The Parties shall try to settle any disagreements concerning the contract concluded between them primarily by negotiation. If this is unsuccessful, the Hungarian courts have jurisdiction over legal disputes arising from the contract, including the District Court of Gödöllő or the competent Tribunal, depending on their jurisdiction.

Language: these GTC are drawn up in Hungarian and in English, for the purposes of interpretation the Hungarian text shall prevail.

These GTC are available on www.sme-europe.com/honlapon or will be sent to the Client upon request.

Budapest, 1st April 2021