1. Definitions
1.1. General Terms and Conditions (hereinafter "GTC"): This document, which governs the rights and obligations of the parties, as well as the procedure for concluding and performing contracts, in matters not settled in individual contracts between Vasi Horganyzó Kft. and the Partner.
1.2. Vasi Horganyzó Kft.: Vasi Horganyzó Korlátolt Felelősségű Társaság (Tax number: 24646929-2-18, Company registration number: 1809024875, registered seat: 9823 Pácsony, Kossuth Lajos u. 1., Hungary), acting as the contractor.
1.3. Partner: The other contracting party, acting as the customer.
1.4. Party, Parties: Vasi Horganyzó Kft. or the Partner, or Vasi Horganyzó Kft. and the Partner jointly.
1.5. Services: Hot-dip galvanizing, and where necessary the drilling of process holes, provided under a contract for work.
2. Conclusion of Contract
2.1. General rules
The parties conclude the contract in writing, based on a verbal indicative price or a written quotation provided by Vasi Horganyzó Kft. Vasi Horganyzó Kft. attaches the current version of these General Terms and Conditions to the written quotation or the contract, and the Partner acknowledges acceptance thereof by signature. The contract is formed upon joint signature by the parties, or, in the case of contracting between parties who are not both present, upon receipt by Vasi Horganyzó Kft. of the Partner's signed copy of the written contract following its return.
2.2. Relationship between the contract and prior negotiations
Upon conclusion of the contract, all prior offers, statements aimed at concluding a contract, and related documentation cease to have effect.
3. Acceptance of the General Terms and Conditions
3.1. Upon the first contract concluded between the Parties regarding the Services, the Partner's representative must record acceptance of the GTC with a duly authorized signature. Only the GTC of Vasi Horganyzó Kft. is valid with respect to the Services, and the Partner expressly accepts this fact by signature.
3.2. In the event the GTC is amended while contracts are ongoing, Vasi Horganyzó Kft. is obliged to notify the Partner thereof; otherwise the Parties must proceed in accordance with Section 3.1.
4. Performance of Contracts
4.1. Performance of the contract regarding the Services
4.1.1. Characteristics of the material supplied by the Partner. Only products that have been technologically prepared in accordance with standard MSZ EN ISO 14713/2010 may be delivered to our plant for hot-dip galvanizing. The surface of the materials must be free of scale rust, coarse mill scale, paint, oil burnt on by welding heat, mold-release agents, or silicone. The minimum size of a process hole is Ø 8 mm.
If the product has surfaces with significant, heightened requirements, please specify and mark these in advance. The Contractor accepts the galvanizing of workpieces containing previously galvanized parts only following prior agreement, subject to a 100% surcharge calculated on the total weight of the workpiece.
The maximum size of products to be galvanized in a single dip is L:12.6 x H:2.4 x W:1.05 m. Prior agreement is essential for galvanizing requests concerning workpieces longer than 7 m. Vasi Horganyzó Kft. is entitled to refuse the galvanizing of oversized products.
Vasi Horganyzó Kft. essentially undertakes the galvanizing of steel products conforming to standard MSZ EN 10025, whose chemical composition and mechanical properties are suitable for galvanizing. The galvanizing of products conforming to other standards must be preceded by individual confirmation from Vasi Horganyzó Kft. A silicon content of 0.03–0.12% or >0.25% causes higher zinc uptake, which results in a surcharge. Galvanizing steels with very low or no silicon content (primarily sheet products) results in coatings that are too thin. Vasi Horganyzó Kft.'s liability is excluded in these cases; it is the Customer's responsibility to avoid the use of such base materials, or to roughen their surface by shot blasting in order to achieve the coating thickness required by the standard.
4.1.2. Laser-cut edges must be deburred to avoid coating damage. Without this, we cannot guarantee that the coating will be free of damage. We do not accept complaints regarding coating damage arising from subsequent shaping of the components.
4.1.3. The Partner must design the products in advance so that they comply with the requirements of the galvanizing technology. The Partner must be familiar with these principles; Vasi Horganyzó Kft. also provides free guidance on request. The Contractor does not undertake the galvanizing of workpieces with hidden process holes. Missing holes will be made, following prior agreement, at a price of HUF 500/piece + VAT.
4.1.4. Transporting products to and from the galvanizing plant is the Customer's responsibility. Receipt and release of materials may only take place following prior agreement. The Partner must prepare an itemized delivery note for the delivered products. Delivery by vehicle must be arranged so that it can be safely unloaded by forklift. To protect the coating, the finished material may be packaged differently than at delivery, which may result in greater volume.
4.1.5. Vasi Horganyzó Kft. undertakes to perform the Service in accordance with standard MSZ EN ISO 1461:2009 and the applicable legal provisions. Vasi Horganyzó Kft. does not undertake cleaning or finishing requirements beyond the standard, nor surface preparation of products for painting, powder coating, or sintering. Vasi Horganyzó Kft. does not undertake the post-treatment of piece-goods weighing less than 5 kg, or of mass-produced items with low individual weight and high piece count. The place of performance of the contract, as well as of qualitative and quantitative acceptance, is: Vasi Horganyzó Kft. Hot-Dip Galvanizing Plant, 9823 Pácsony, Kossuth u. 1., Hungary.
4.1.6. The Partner is obliged to remove the finished product within 3 working days. Vasi Horganyzó Kft. is not able to properly store the finished goods on its own premises beyond this period, and accepts no liability for resulting damage, the formation of white rust, or loss of material. From the 16th day, Vasi Horganyzó Kft. charges a storage fee. The storage fee is 1.5% of the value of the work performed, per day. Following three months of storage, Vasi Horganyzó Kft. is entitled to sell the stored products.
4.1.7. Vasi Horganyzó Kft. is entitled to partial performance if, in its judgment, the product is not adequately prepared for hot-dip galvanizing and this may endanger the safety of life or property during galvanizing. In the event of late payment, the right to refuse further performance and release of goods lies at the sole discretion of Vasi Horganyzó Kft., and Vasi Horganyzó Kft.'s liability for damages is therefore excluded.
4.1.8. Vasi Horganyzó Kft. is entitled to perform the work indirectly, through the involvement of a subcontractor.
4.1.9. On request, Vasi Horganyzó Kft. certifies quality by issuing a Supplier's Declaration of Conformity in accordance with standard MSZ EN ISO 10474. A Coating Thickness Measurement Report can only be issued on the basis of a prior written order. The fee for preparing this document is HUF 10,000 + VAT per document.
4.2. Fees and payment terms
4.2.1. Invoicing takes place per shipment, based on the delivery note. Following prior agreement, the Partner may also request out-of-turn performance. Vasi Horganyzó Kft. is entitled to charge an urgency surcharge of 30% for "while-you-wait" technical service, 20% for performance within 24 hours, and 10% for performance within 48 hours. The minimum invoiceable galvanizing fee is HUF 40,000 + VAT.
4.2.2. Vasi Horganyzó Kft. reserves the right to change prices in the event of changes in the economic environment. It likewise reserves the right to change prices for workpieces that differ from the product recorded in the contract, or from what is "customary" — this applies particularly to items with low piece weight, or with a large volume relative to their weight. Pricing for such items is always determined individually.
4.2.3. "Zinc price correction": Vasi Horganyzó Kft. may determine, at the time of invoicing, a discount or surcharge to the price set out in the contract, based on the change in the London Metal Exchange's (LME) official monthly average price of zinc (hereinafter "LME average price", LME Zinc Average Official Cash Settlement Price, www.lme.com).
4.2.4. "Energy price correction": Vasi Horganyzó Kft. records the agreed price in the contract as adjusted by the correction factor current on the date the contract is concluded.
4.2.5. Vasi Horganyzó Kft. charges for the use of binding wire and fixtures required for attachment, by including their weight in the galvanized weight.
4.2.6. Fee for spacer and support timbers. Vasi Horganyzó Kft. uses pallets, spacer timbers, and support timbers supplied by the Partner for packaging the galvanized products. In addition, it charges HUF 900 + VAT/piece for spacer timbers, HUF 450 + VAT/piece for support timbers, and HUF 5,000 + VAT/piece for pallets required for packaging.
4.2.7. Payment for the value of the Services performed — unless otherwise provided in the contract and these General Terms and Conditions — may be made by advance bank transfer, by bank card prior to collection, or in cash upon collection.
4.3. Notification procedure
4.3.1. The parties are obliged to inform each other of all material circumstances arising during the performance of the contract.
4.3.2. As a general rule, the parties are obliged to communicate information related to the performance of the contract to the other party in writing. The procedure for such notifications is subject to the parties' contractual agreement. Written form is deemed to include registered mail, "return-receipt" e-mail messages that provide the sender with confirmation upon reading, and personally delivered written documents, one copy of which the receiving party has signed to confirm receipt.
4.4.3. With regard to delivery deadlines, the parties consider themselves bound by the provisions of the applicable Hungarian Code of Civil Procedure, with the proviso that if either party refuses to accept a delivery, it shall be deemed delivered immediately; or, if a delivery is returned marked "not collected" and no substantive objection is raised within 8 days, the delivery shall be deemed delivered on the 9th day after it was sent.
5. Termination of the Contract
5.1. Performance of the contract
The contract concluded between the parties terminates, during its term, upon completion of the service specified in the contract and payment of the corresponding fee by the Customer. Vasi Horganyzó Kft. retains title to the goods until the invoice is paid.
5.2. Termination
The Parties may terminate the contract concluded between them at any time by mutual agreement. The Customer may withdraw from the service at any time, in accordance with the rules governing contracts for work.
6. Liability
6.1. The finished product is collected at the place of performance of the contract, and the Partner must carry out the quality inspection on site. Complaints may be made in writing within 5 working days of taking delivery of the goods. Without our consent, it is not permitted to modify or install the galvanized goods, or to carry out any operation on the coating, as this will result in the termination of our warranty liability. In the case of a justified complaint, we will repair the goods on site in accordance with the standard.
6.2. If the product submitted for galvanizing does not comply with the provisions of Section 4.1.1, Vasi Horganyzó Kft. may refuse performance. Vasi Horganyzó Kft.'s liability is excluded for deformation and damage caused by heat that is attributable to rolling or manufacturing stresses, or to a structural design unsuitable for galvanizing.
6.3. Vasi Horganyzó Kft. bears no liability whatsoever in connection with participation in road traffic; compliance with all traffic and other regulations (overweight vehicles, improper axle load, etc.) is the exclusive responsibility of the Customer, or of the Carrier acting on the Customer's instructions.
6.4. Vasi Horganyzó Kft. accepts no liability for any coating damage (impact damage, white rust, etc.) arising after removal from the plant, resulting from improper handling, transport, or storage of the material, or from subsequent processing of the galvanized products.
6.5. The liability and indemnification obligation of Vasi Horganyzó Kft. arising during the performance of the contract shall not exceed the total amount of the fee set out in the contract, or the extent to which the damage is not otherwise recoverable, or cannot be claimed from a third party.
7. Miscellaneous Provisions
7.1. Governing law
In matters not covered by these General Terms and Conditions or by the individual contracts, the applicable laws of Hungary shall govern, in particular the provisions of the Hungarian Civil Code.
7.2. Dispute resolution
The parties shall first attempt to settle any disputes arising between them through negotiation. If negotiations between the parties do not lead to an agreement, the parties stipulate, depending on the value in dispute, the exclusive jurisdiction of the district court or regional court competent for the registered seat of Vasi Horganyzó Kft.