General Terms and Conditions
of Contract

PEEK Ltd.
Effective from 01^st July, 2019

1. General Information and Contact Details

Full name of service provider: PEEK Trading and Service Provider Limited Liability Company (“Service Provider”)

Registered office of the Service Provider: Beregszászi utca 20; 2040 Budaörs, Hungary

Postal address of the Service Provider: Beregszászi utca 20; 2040 Budaörs, Hungary

Registration number of the Service Provider: 13-09-102488

VAT number of the Service Provider: 13451846-2-13

Contacts details of the Service Provider:

Phone: +36 30 2507559

E-mail: info@peek.hu

Web-site of the Service Provider: http://www.peek.hu

2. General Terms and Conditions of Contract

The aim and effect of the general terms and conditions of contract
These General Terms and Conditions (hereinafter: GTC) apply to the installation, maintenance services and sale of electronic equipment provided by the Service Provider. The Service Provider’s GTC in force at any time shall be an integral part of the Professional Service Contract concluded between the Service Provider and the Customer (hereinafter: Customer). In case of any discrepancy between the GTC and the specific contract, the provisions of the specific contract shall prevail.
The GTC is available on the Service Provider’s website. The Service Provider is entitled to unilaterally amend the GTC.

3. Service

The Service Provider shall provide the installation and maintenance of the electronic equipment specified in the specific contract of service (hereinafter: Contract) according to the GTC, moreover the use of software created as intellectual property of the Service Provider and the purchase of electronic equipment (hereinafter: Service; Product; Work).
As part of the regular maintenance service that is part of the Service, the Service Provider performs the following tasks:
- Clean equipment, record measurement data;
- Mechanical condition supervision and check for all UPS units;
- Event simulation (monitor various operating functions) and, if necessary, adjustment operating circuits;
- Monitor and set-up all monitoring and alarm circuits;
- Monitor all power devices;
- Report revealed errors;
- Cooperation with the company that performs battery measurement;
- Overall maintenance report preparation.
- The description of the Service and the detailed conditions of its provision are included in the specific contract; in case of any discrepancy between the GTC and the specific contract, the provisions of the specific contract shall prevail.

4. Service Fee

The Service Provider shall be entitled to a fee (hereinafter: Fee) for the work performed, in accordance with the terms and conditions of the Contract.
The Service Provider may perform additional work not included in the Contract and necessary for the fulfilment of Service, resulting in an increase in the Fee, after prior notification and written approval of the Customer and on the basis of a quotation approved by the Customer in writing.
Delivery of additional work shall be accepted, invoiced and paid in accordance with the relevant provisions of the Contract.

5. Ownership Reservation

The Service Provider retains ownership of the product until the purchase price and any fees have been fully paid. Until payment of the Purchase Price, the Customer shall not sell, debit, install or process the goods without adequate financial collaterals. In case of processing or installation of the goods subjected to ownership retention, the Service Provider as the owner has the right of choice.
In case of assets merger, the Service Provider shall acquire partial ownership. By signing the contract, the Customer assigns to the Service Provider the amount corresponding to the ownership interest of the Service Provider from the sale of the joint property.
If the Customer purchases the goods for resale, the Customer shall ensure proper store of goods during the period of ownership retention. The Customer shall be liable for any loss or destruction of the product or any damage to the material during the period of ownership retention. In this case, the Customer is obliged to take out property insurance covering the products of the Service Provider, too.
In case of the delay in Customer’s payment exceeds 15 (fifteen) days, the Service Provider or its agent shall be entitled to remove the products subjected to ownership retention at the expense of the Customer from the Customer’s headquarters, sites or branch. The Customer’s debt decreases with the delivery price of the removed products but increases with the cost of transportation.

6. Obligations of the Customer

The Customer shall provide the Service Provider all required statements, data and information without delay; Service Provider shall provide support necessary for fulfillment to the Customer. Moreover, if any authorization, notification related to the Customer becomes necessary, Service Provider shall inform the Customer without any delay. The Service Provider shall bear all the consequences of failure to do so.
The Customer undertakes to provide raw materials, tools and contributors to be used to the Service Provider at a pre-agreed time without any delay.
The Customer shall make the work area available to the Service Provider for the on-site work at such time and in such a manner, as previously agreed by the Contracting Parties, that it will not hinder the performance of the Service Provider.

7. Payment of Fees

In case of delayed payment, the Customer is obliged to pay delay interest for the period from the day following the due date until the date of payment in accordance with Paragraph 6:155th of the Civil Code (Act V/2013). According to the subsection (1) of section 6:155th of the Civil Code (Act V/2013) the rate of delay interest is the central bank base rate applicable on the first day of the calendar half-year affected by the delay increased by 8 (eight) percentage points. If the debtor is in delay, the claimant will be required to pay the amount of the forint at the official exchange rate of the National Bank of Hungary as at the official exchange rate of the National Bank of Hungary on the date of default, the claimant is claiming for the collection costs of their claim the amount of EUR 40 (forty) – hereinafter: “collection fee flat rate” – in HUF determined on the basis of the official exchange rate of the National Bank of Hungary valid on the starting day of the delay. In addition, recovery costs include, but are not limited to, litigation costs and dues, notary fees, court costs, bailiffs’ and attorneys’ fees, attorneys’ fees, and claims manager’s fees and success fees.
In case of Customer’s late payment, any discounts or other discounts provided by the Service Provider shall cease and Customer shall pay the full Purchase Price; moreover any existing debt to the Service Provider shall immediately become due, and the Service Provider shall also be entitled to unilaterally modify the payment terms previously provided by the Service Provider. The Service Provider shall also be entitled to this in the event of the Customer’s insolvency, or in the event of bankruptcy, liquidation or liquidation proceedings against the Customer, or if the Customer has acted in contract breach during their previous orders.
In case of Customer’s late payment, the Service Provider is entitled to stop or suspend further deliveries without this constituting a breach of contract. The Service Provider may make the commencement of further deliveries conditional upon the provision of a security or immediate cash payment.
If the Customer does not dispute with the Service Provide Customer’s debit related to the invoice, goods indicated on the invoice or their costs within 20 (twenty) days after the due date the order shall be considered fulfilled and the invoice shall be accepted by the Customer as a recognized and undisputed debt. In this case, the Service Provider shall be entitled to assume the Customer’s insolvency in the event of the Customer’s late payment after the unsuccessful request.
In case of the Customer’s payment delay exceeds 20 (twenty) days, the Customer shall provide a security for the payment of the Purchase Price within the time limit specified in the Service Provider’s notice. Failure to do so shall entitle the Service Provider to cancel the contract. According to section 3:118th of the Civil Code the chief officer of the Customer shall be liable for damages to the Service Provider for overdue and non-disputed debt in accordance with Section 8.5 (capital, interest, expense).

8. Termination of the Service and the (fixed-term) Specific Contract

The Contracts can be valid for a fixed term or for an indefinite period of time, but may be terminated by either Party upon written statement to the other Party with a deadline of three months. Immediate contract termination is possible if either Party seriously or repeatedly breaches its obligations under a Contract.

9. Quality of Services

Service Levels regarding the Quality of Service are determined in the Contract.

10. Language

Unless otherwise mutually agreed by the Parties, the language of Contracts shall be Hungarian.

11. Force Majeure: Events beyond the reasonable control of a Party

Neither Party shall be liable, if the delay or non-performance of its obligations is due to or caused by a force majeure event. A force majeure event includes, but is not limited to, all unexpected, unforeseen or unavoidable events, including, but not limited to: extreme weather, flood, landslide, earthquake, storm, lightning, fire, earth-fall, epidemic, terrorist attack, biological warfare, military hostilities (with or without declaration of war), riot, explosion, strike or other labor dispute, civil disobedience, sabotage, de-privatization by public bodies and any other events that are beyond the reasonable control of the Party concerned.
The Service Provider shall not be liable to the Customer for failure to deliver the Product or to perform the Service if (a) a third party is unable to provide the Service or Product to the Service Provider, or the third party refuses to perform or is delayed and no substitute product or service is available to the Service Provider at a reasonable cost; or (b) the Service Provider is prevented by legal or regulatory restrictions from providing the Service or delivering the Product.

12. Governing Law, Jurisdiction

Issues not regulated by this GTC shall be governed by the provisions of Hungarian law, in particular the Civil Code.
In the event of a dispute, the Service Provider stipulates the exclusive jurisdiction of the Budaörs District Court or the Székesfehérvár Courthouse.
By ordering its service or product from the Service Provider, the Customer, or the person who undertakes to guarantee in a separate document (guarantor), acknowledges that they have read and accepted the full contents of the General Terms and Conditions and have been individually negotiated by the Parties. The Parties equally agree that the mandatory provisions of the Civil Code relating to the General Terms and Conditions have been fulfilled; therefore, the Customer expressly waives their right to challenge the supply contract or any provision of the GTC with reference to the sections 6:77th – 6:78th of the Civil Code. The Customer declares that they acknowledge the provisions of the GTC as binding and authoritative in its legal relationship – within the scope of these GTC – with the Service Provider. Parties agree that the content of the present GTC is an integral part of the specific contract concluded between them in the subject of the GTC.