CONTRACTUAL TERMS AND CONDITIONS
1. On the basis of this agreement parties agree that Commissioner takes over the object/objects set out in this agreement - for the benefit of Client - at the takeover price set out here, until the last day of the ninth month following the date of this agreement for sale purposes. After nine months of this agreement - if the object is not sold by then - Commissioner is entitled to set out a lower takeover price and is obliged to inform Client about this in writing. If Client does not make a declaration regarding the new price communicated by Commissioner within 8 business days, then this is regarded by Commissioner as an approval to sell the object in consideration of the new takeover price. The price modification extends the term of this agreement by six months. If Client does not approve of the modification communicated, then the agreement is to be regarded as terminated by Client and Client is obliged to transport the object at its own expense within 8 days. The transport costs of the object are to be paid for by Client.
2. Commissioner is only entitled to sell the object for a lower price than indicated in the valid agreement, if Client approves of it. If justified - Commissioner is entitled to initiate the modification of the takeover price set out when handing in on the basis of a control estimate and it is obliged to inform Client about this in writing.
3. Client is obliged to give its exact postal address and to inform about data changes. Commissioner keeps contact with Client via e-mail, phone and/or postal correspondence. Client is liable for the legal consequences if the data provided are inaccurate. The registered mail or mail with the confirmation of receipt sent to the address of Client which comes back with the notes “unknown”, “not taken over”, “moved to unknown address”, “not accepted”, “moved” or “address not enough” is to be regarded as delivered for the purposes of this agreement.
4. Client declares that the objects handed over for sale are exclusively owned by Client or Client proceeds on the basis of a power of attorney from the owner - in form of a private document with full probative force or a public document. Client declares further to undertake an explicit legal warranty liability. Client undertakes the obligation to compensate for the damages resulting, if the above declaration is not true.
5. Client is entitled to terminate the agreement at any time without justification. In this case Client is obliged to transport the object personally or by way of its confirmed proxy within 8 business days and to pay back the advance payment taken with its interests. After the sale of the object the agreement cannot be validly terminated with notice.
6. In case of termination of the agreement - if Client does not comply with the provisions set out in section 5. - Commissioner will store the object at the risk of Client for a daily storage fee of 0.1 % of the takeover price for 30 days. After 30 days and following two written requests Commissioner is entitled to sell the object at any price. The amount obtained in such a way will be kept by Commissioner for five years without interests - after deduction of the storage fee and the possible advance payment. After five years following the signing of the agreement Client (its legal successor) is not any more entitled to enforce a claim resulting from the given legal relationship against Commissioner.
7. This agreement is terminated through the performance of the commission by Commissioner or after the fixed term of fifteen months after the signing of this agreement or by way of termination with notice. In case of performance of the agreement Commissioner is obliged to inform Client and to pay the takeover price to Client. In case of termination of the agreement - if Client had an advance payment - it is obliged repay it together with its interests.
8. For the financial settlement or the return of the object the original agreement and personal identification must be shown. In the absence of these Client is entitled to proceed on the basis of a declaration drawn up as a notarial deed. Loss, destruction or theft of the agreement shall be reported immediately. Failing to do so results in all damages and disadvantages to be paid for by Client.
9. The liability of Commissioner for compensation for damages amounts to the takeover price set out in this agreement. Parties have signed this agreement as fully concordant with their will and accept the relevant provisions of the Hungarian Civil Code as applicable. In case of process parties agree on the jurisdiction of the Central Court Pest or the Metropolitan Court of Budapest, depending on the value limit.
Information regarding payments: +36 1 475 6003 (cashier)