Documents

I. General provisions
These general terms and conditions of purchase (hereinafter referred to as the Terms and Conditions) shall only apply to orders placed by ECO-CRANES Kft. (hereinafter referred to as the Order) and purchase contracts (hereinafter referred to as the Contract), unless otherwise agreed in writing by the parties. These Terms may only be amended in writing. These Terms supersede and invalidate all other and different contractual terms, even if the Buyer has not expressly excluded them. In the event of any conflict between the Contract and these Terms, the Contract shall prevail.

II. Scope of delivery, standards and modifications

1. The Equipment shall be deemed to include all documentation, components, equipment and services necessary for the delivery and intended use of the Equipment.
2. The delivery of the equipment (hereinafter referred to as the Equipment) shall comply with all technical specifications set out in the Contract and shall be made to the Buyer in accordance with the delivery date specified in the Contract (hereinafter referred to as the Delivery Date).
3. The Seller guarantees that the design, manufacture, marking and documentation of the Equipment or the service provided comply with the Contract, all applicable technical standards, legislation and legal requirements, European Union directives and regulations, and the safety requirements and regulations in force at any given time.
4. Any and all modifications or alterations to the Equipment require the prior written consent of the Buyer.

III. Transfer of documentation and title

1. The Seller shall provide the Buyer with the agreed technical documentation, drawings, operating and maintenance instructions, as applicable to the actual performance or delivery, well in advance of the delivery of the Equipment, so that the Buyer has sufficient time to approve the documentation. However, such approval by the Buyer shall not affect the delivery guarantees or warranties given by the Seller.
2. All documentation, drawings, software, tools or equipment provided by the Buyer to the Seller shall remain the exclusive property of the Buyer. Such documentation or equipment may not be used for any other purpose than to fulfil the obligations under the Contract and shall be returned to the Buyer without request upon completion of the Contract.
3. The Equipment or any part thereof delivered by the Seller shall be transferred to the Buyer when the Equipment or any part thereof has been delivered to the Buyer.

IV. Price and payment terms

1. The purchase price fully covers the costs of all obligations of the Seller. The purchase price includes all packaging and shipping costs, VAT, bank charges and all other similar taxes, duties or fees payable by the Seller, as well as all other expenses that may arise on the part of the Seller during the performance of the Contract. Any changes to the purchase price shall be agreed upon by the parties in writing.
2. If there is an express written agreement that the Buyer shall bear the delivery costs, the most favourable delivery method shall be chosen for the Buyer.
4. The Buyer may deduct any amount owed to the Seller from the purchase price. The Buyer shall only pay disputed amounts after the final settlement of such disputes.

V. Terms of delivery and transfer of risk

1. All delivery terms agreed upon by the parties shall be determined in accordance with the provisions of INCOTERMS 2000. If no express agreement is reached on the delivery terms, the delivery term shall be DDP at the location of the Buyer's ordering unit.
2. The Seller shall not be entitled to make partial deliveries or provide partial services without the Buyer's prior written consent.
3. The risk of damage shall pass to the Buyer when the Buyer has taken delivery of the goods or accepted the service.

VI. Delivery date

1. Upon successful completion of delivery and specified inspections and tests, the Equipment shall be deemed delivered, provided that the Equipment meets all quality requirements for quality and workmanship specified in the Contract and the Buyer has received all documentation.
2. Delivery may not be made before the specified delivery date without the Buyer's prior written consent.

VII. Delay on the part of the Seller

1. If the Seller has reason to believe that it will not be able to meet the delivery date, it shall immediately notify the Buyer thereof, stating the reason for the delay and its estimated duration.
2. If the delay in delivery occurs for any reason other than force majeure, the Buyer shall be entitled to compensation in the form of a contractual penalty calculated as 11% of the purchase price of the Order for each calendar day of delay, but the total amount of such compensation shall not exceed 15% of the purchase price of the Order.
3. If the Seller's delay continues even after the total amount of the contractual penalty has been reached, the Buyer shall be entitled to terminate the Contract with immediate effect.
4. In addition to the contractual penalty, the Buyer shall always be entitled to further compensation for damages caused by the delay, such as additional costs incurred by the Buyer.

VIII. Warranty

1. The Seller guarantees that the Equipment complies in all respects with the requirements of the Contract and that it is free from any design, material and workmanship defects and is fit for its intended purpose.
2. The warranty period is 24 months from the date of acceptance by the end user or 36 months from the date of acceptance of the Equipment, whichever expires first.
3. Any faults occurring during the warranty period shall be repaired or replaced without delay and at no additional cost to the Buyer or end user.
4. If the Seller refuses to fulfil its warranty obligations or is unable to fulfil them to the Buyer's satisfaction within a reasonable period of time, the Buyer shall be entitled to have the defect repaired or replaced by a third party at the Seller's expense. The same right shall apply if, in urgent cases, the Buyer cannot wait for the Seller to perform the warranty work or replacement.
5. The Seller's warranty obligation does not cover defects that have been clearly proven to be caused by improper or negligent operation, overloading or inadequate maintenance.
6. The Seller guarantees that spare parts will be available for 10 years after delivery.

IX. Liability and insurance

1. The Seller shall indemnify and hold harmless the Buyer against any loss or claim relating to personal injury or property damage suffered by the Buyer or any third party through the fault of the Seller or its subcontractors, and against any claim, demand, proceeding, damages, costs, fees and expenses incurred in connection therewith. Neither party shall be liable for any loss of production, loss of profit or other financial loss, except in cases of gross or wilful negligence.
2. The Seller shall take out and maintain adequate insurance to cover all liabilities that may arise in connection with the performance of its obligations under the Contract. The insurance coverage limit shall not be less than two million (2,000,000) euros. Upon request, the Seller shall provide the Buyer with all requested certificates for itself or its subcontractors. The Seller shall notify the Buyer of any changes in the insurance without undue delay. The obligation to maintain insurance shall not affect or limit the Seller's liability under the law or the liability of its subcontractors.

X. Infringement of intellectual property rights

The Seller guarantees that the Equipment does not infringe any copyright, patent, design or other intellectual property rights of third parties. In the event of such an infringement, the Seller shall indemnify and hold the Buyer harmless against all losses, claims and damages, as well as against all consequences of the infringement of intellectual property rights.

XI. Subcontracting and Transfer

1. The Seller shall be entitled to subcontract the Contract or any part thereof without the prior written consent of the Buyer. The subcontractor shall guarantee that it will perform under the same conditions as the Seller, in particular with regard to quality standards and insurance. The Buyer shall be entitled to terminate the Contract with immediate effect if the Seller breaches the provisions of this paragraph.
2. The Seller shall not be entitled to transfer or assign the Contract or any part thereof without the prior written consent of the Buyer.

XII. Governing law and dispute resolution

1. The Contract shall be interpreted and applied in accordance with the laws of the country where the Buyer is based.
2. Any legal dispute arising from or related to this Agreement shall be settled by the Arbitration Court operating under the Hungarian Chamber of Commerce and Industry in accordance with its Rules of Arbitration. The place of arbitration shall be Budapest. The language of the arbitration proceedings shall be Hungarian.
3. In addition to the above, the Seller shall be entitled to take legal action to collect its outstanding debts from the Buyer at the court having jurisdiction over the Buyer's registered office.
Fót 01/2013

1. APPLICATION OF THESE TERMS AND CONDITIONS
   These General Terms and Conditions of Sale (hereinafter referred to as the Terms and Conditions) apply to all and any sales offers, tenders and product sales, as well as to services related to product sales and other services, unless the parties have agreed otherwise by accepting a specific contract (Contract). These Terms may only be amended in writing. We reject any and all other terms and conditions that differ from these Terms, even if we have not expressly objected to them. In the event of any conflict between the Contract and these Terms, the Contract shall prevail.
2. SCOPE OF DELIVERY
   1. The scope of delivery confirmed in writing by the Seller shall be decisive. All offers are non-binding. No contract shall be concluded until the Seller has confirmed the order in writing. In the absence of such written confirmation, the Seller's offer shall apply.
   2. The delivery of the equipment (hereinafter referred to as Equipment) shall include all parts, materials and services expressly specified in the Contract.
   3. The delivery shall also include the Seller's standard technical documentation, such as user manuals and commissioning instructions in English. The Seller shall not be obliged to provide manufacturing drawings for the Equipment or spare parts.
3. DOCUMENTATION
   1. All technical documents and information, such as weights, services, operating costs, calculations and drawings, shall only be binding if expressly agreed in writing by the Contracting Parties.
   2. The Seller reserves all rights and titles to all software and documentation, including, without limitation, documents, drawings, reports, user manuals or information created by the Seller or to be created in the future. These documents and software received by the Buyer may not be used for any purpose other than the installation, commissioning, operation and maintenance of the Equipment without the Seller's consent. These documents and software may not be used, copied, transferred or disclosed to third parties in any way without the prior written consent of the Seller. However, the Seller may transfer the documents or software to third parties to whom the Seller has sold the Equipment.
   3. To the extent that such software and documentation are included in the scope of delivery, the Buyer shall receive a royalty-free, non-exclusive and non-transferable licence to use such software and documentation exclusively in connection with the Equipment and for no other purpose.
4. PACKAGING AND LABELLING
   The Equipment shall be packed in accordance with the Seller's standard packing procedures in a manner suitable for transport under normal shipping conditions. The Equipment shall be clearly marked and labelled with the necessary information for identification of the buyer and the destination.
5. PRICE
   1. In addition to the price specified in the Contract, the Buyer shall also be liable for the additional fees specified in these Terms and Conditions.
   2. If any part of the delivery of the Equipment is delayed for reasons attributable to the Buyer or any third party under the Buyer's control, the Buyer shall pay the Seller all additional expenses incurred as a result of the delayed delivery.
   3. The Seller reserves the right to adjust prices due to significant changes in costs (such as material or labour costs, transport or similar costs).
   4. Prices do not include any stamp duty, value added tax or VAT, bank charges or any other similar taxes, duties or costs payable in the country to which the equipment is imported or where installation or commissioning takes place. If the Seller is required to pay any such tax or charge, such tax or charge shall be added to the invoice as a separate charge and shall be paid by the Buyer to the Seller.
6. PAYMENT TERMS
   1. Payment shall be made in accordance with the payment schedule specified in the Agreement.
   2. If any part of the payment is made by letter of credit, the section entitled „Letter of Credit” shall apply.
   3. If the Buyer is in default of payment of any part of the payment or in connection with the establishment of the letter of credit, or if it becomes apparent that the Buyer will not fulfil its contractual obligations, the Seller may postpone the fulfilment of its obligations until payment is made or the letter of credit is established.
   4. The Seller shall be entitled to charge interest to the Buyer if the payment deadline to the Seller has expired. The interest rate shall be the highest rate applicable under applicable law. Interest shall be calculated from the due date until the actual date of payment. The Buyer shall pay this interest within thirty (30) days of the date of the relevant invoice.
   5. If the Buyer fails to pay the amount due within three months, the Seller shall be entitled to terminate the Contract by written notice to the Buyer and to claim compensation for the loss suffered by it.
7. RESERVATION OF RIGHTS
   1. Subject to clause 9.1, we reserve title to the goods until all debts and outstanding amounts relating to the purchase under the Contract have been paid.
   2. If the applicable law does not allow the Seller to retain title, the Seller shall be entitled to interest or a fee on the property. The Buyer shall provide the Seller with all assistance in securing the interest in the property or in taking any steps necessary to secure the Seller's title or any other rights. The retention of title, security interest or fee shall not affect the transfer of risk of damage under Section 9.2.
   3. The Buyer shall immediately notify the Seller in writing if a third party seizes or attaches the shipment still owned by the Seller.
   4. The Buyer is entitled to resell the shipment in the ordinary course of business. However, the Buyer hereby assigns to the Seller all claims arising from the transfer of the shipment to third parties in order to secure our claims in the amount of the invoiced goods for which title has been retained.
   5. Any processing or modification of the items delivered under retention of title, as well as the mixing of the goods with foreign goods, shall be carried out by the Buyer or third parties on behalf of the Seller. The Seller shall acquire co-ownership of the new goods thus created in proportion to the value of the delivered goods.
   6. The Buyer shall be entitled to assert its claims against its customer even after the transfer, provided that it fulfils the terms of the contract and is not insolvent. This shall not affect the Seller's right to collect the claim. However, the Seller undertakes not to enforce its claims as long as the Buyer fulfils its payment obligations or is solvent. Otherwise, the Seller may demand that the Buyer identify the transferred claims and debtors, provide all information and facts necessary for collection, hand over all relevant documents and notify its debtors of this transfer.
   7. In the event of a breach of contract by the Buyer, including, without limitation, late payment, the Seller shall be entitled, after giving prior notice, to have the delivered goods returned, and the Buyer shall be obliged to comply. The Buyer shall be liable for any damage resulting from the return of the goods.
   8. The exercise of the Seller's rights under this section on reservation of rights shall not constitute a termination or cancellation of the Contract.
   9. During the retention of title, the Buyer shall insure the shipment against the associated risks, provided that the Seller is entitled to the rights arising from the insurance policy. At the Seller's request, the insurance policy shall be presented to the Seller.
   10. The Seller undertakes to waive its rights reserved in this section at the Buyer's request, provided that their value exceeds the claim to be secured by 10%, up to the amount of the outstanding payment.
8. MANUFACTURING AND DESIGN STANDARDS
   The delivered Equipment and the work performed shall comply with the technical standards and safety regulations generally applicable in the Seller's country. If the Equipment is operated outside the Seller's country, the scope of work specified in the contract concluded with ECO-CRANES HUNGARY Kft. (2151 Fót, Ybl Miklós 42, info@ecocranes.hu, www.ecocranes.hu) shall apply. The Seller shall not take into account the laws and regulations applicable or governing the place of operation if they have not been agreed or stipulated in the Contract. The Buyer shall notify the Seller of the applicable safety regulations. Any costs incurred in excess of the costs of compliance with European standards due to mandatory local laws and regulations shall be added to the price and paid by the Buyer.
9. TERMS OF DELIVERY AND TRANSFER OF RISK
   1. All delivery terms agreed upon by the Parties shall be interpreted in accordance with INCOTERMS®2010. If the Parties do not agree on the delivery terms separately, the delivery term shall be ex works from the Seller's factory (EXW).
   2. The risk of damage to the Equipment shall pass from the Seller to the Buyer in accordance with the agreed delivery terms. If no delivery terms are specified in the Contract, the risk of damage shall pass to the Buyer ExWorks from the Seller's factory.
10. DELIVERY TIME
    1. The delivery date shall be the later of the following dates:
       1. the date of receipt by the Seller of the advance payment specified in the Contract, or:
       2. the date of receipt by the Seller of all agreed information and documentation, approvals, permits and calculations, or the date of approval of the general design drawings by the Buyer.
    2. The Seller shall be entitled to a reasonable extension of the delivery period (which shall not be less than the length of the delay) if delivery is delayed due to actions taken by the Buyer or third parties under the Buyer's influence/control, such as modifications requested by the Buyer, delays in the approval of relevant drawings, delays in preparatory work at the installation site, or delays in payment, or if it becomes apparent that the Buyer will not fulfil its contractual obligations.
    3. The Seller shall be entitled to make partial deliveries, provided that they are reasonable and acceptable to the Buyer.
11. WARRANTY
    1. The Seller warrants that, to the best of its knowledge, the Wire Rope Hoist Equipment is free from any defects in design, material or workmanship that would prevent the electrical or mechanical operation and functions of the Wire Rope Hoist Equipment and that existed at the time of delivery. However, if such defects occur during the term of this warranty, the Seller shall provide the appropriate parts free of charge. The reasonable and direct costs of disassembly and replacement parts provided under this warranty are covered by this warranty.
    2. The warranty period for any part of the Wire Rope Hoist Equipment is twenty-four (24) months from the date of delivery of the Equipment (Section 8.1).
       However, the warranty period for electric chain hoists, manually operated lifting equipment, free and manually operated chain hoists and components, and hydraulic scissor lifts is 12 months from the date of delivery.
    3. The warranty period for replaced or repaired parts is twelve (12) months from the date of replacement or repair. However, no warranty shall apply to any part beyond twenty-four (24) months from the original date of shipment of the Equipment.
    4. The Buyer shall notify the Seller of the defect in writing without undue delay after the defect has occurred. The notification shall include a description of the defect and the serial and order number of the Equipment. If the Buyer fails to notify the Seller during the above warranty period, it shall lose its right to any claims relating to the defect.
    5. Defective parts replaced under this warranty shall be made available to the Seller without delay and shall become the property of the Seller.
    6. This warranty is granted on condition that the Equipment is operated, handled, serviced and maintained in all respects in accordance with the Seller's instructions and in accordance with the prescribed operating conditions.
    7. If the Seller's components are installed or operated without the original SWF or ECO electronics, frequency converter or other SWF or ECO control equipment, ECO-CRANES HUNGARY KFT shall not be liable for the operation of these components and shall not be liable for any indirect, direct or consequential damage to the machine, property or personal injury resulting from the disregard or non-use of the original SWF or ECO control equipment. The same applies if SWF or ECO parts are installed or connected to non-SWF or non-ECO equipment, or if they are installed or connected without ECO-CRANES HUNGARY KFT being aware of their actual intended use.
    8. The following parts are excluded from the warranty:
       1. which require repair or replacement due to normal wear and tear or deterioration;
       2. which are consumable or wearable items, including, without limitation, the winch or load chain, chain guide, lifting chain, rubber buffer, chain wheel teeth, crane hooks, hook safety locks, friction discs and brake discs, control cabinet wiring, running wheels, pressure flanges, motor carbon brushes (FNC trolleys);
          Wire rope winches: rope guide, lifting rope, rubber buffer, rope roller, crane hook, hook safety lock, friction discs and brake discs, control cabinet cables, running wheels, pressure flanges;
       3. which have been repaired, modified or altered by the Buyer or any third party without the prior consent of the Seller;
       4. whose malfunction was not immediately reported to the Seller during the above warranty period;
       5. whose failure or damage is due to negligence, accident, misuse, improper installation (not performed by the Seller), improper operation, or conditions indicating the presence and existence of abnormal temperature, moisture, dirt, or corrosive substances;
       6. which have been damaged for reasons beyond the Seller's control.
    9. If the Seller fails to replace the Equipment within a reasonable period of time, which has been agreed in writing, the Buyer shall be entitled to demand a price reduction or termination of the Contract. However, termination of the Contract shall only be possible in the event of a serious breach of contract, which must be proven by the Buyer.
       THE ABOVE CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY THE SELLER TO THE BUYER IN RESPECT OF THE EQUIPMENT AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, WHICH ARE EXCLUDED AND REPLACED BY THOSE ARISING FROM STATUTORY REGULATIONS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. FORCE MAJEURE
    Both parties shall be entitled to suspend their contractual obligations under this Agreement to the extent that such performance is prevented by circumstances beyond their control, including, without limitation, war (whether declared or not), revolution, strikes, shortages of electricity, fuel, transportation, machinery or other goods or services, natural disasters, unacceptable weather conditions, government actions, transportation accidents, export-import bans, fires, explosions, floods, accidents, sabotage, civil disobedience, riots, or breakage or loss by subcontractors during transport or storage, as well as transport delays (if caused by the force majeure reasons detailed in this paragraph).
13. SELLER'S DELAY
    The Buyer shall be entitled to a contractual penalty for the delay from the date on which delivery should have taken place, if the delivery is delayed due to the Seller's fault. The contractual penalty shall be 0.5 per cent of the price of the delayed part of the Equipment for each full week of delay. The contractual penalty for delay shall in no case exceed 5% of the price of the part of the Equipment affected by the delay. The Buyer waives its right to contractual penalties if it does not claim the contractual penalty in writing within one (1) month of the delivery date. The contractual penalty referred to in this section shall be the sole and exclusive remedy for such delays. The parties agree that these contractual penalties constitute a fair and reasonable estimate of the losses that the Buyer is likely to suffer as a result of such delays. This section shall not apply in cases of wilful misconduct or gross negligence. The right to terminate the contract in the event of failure to perform the contract within the agreed reasonable period shall remain unaffected.
14. DELAY BY THE BUYER
    If any part of the shipment or the acceptance of the Equipment is delayed for reasons not attributable to the Seller, the risk shall pass to the Buyer, the warranty period shall commence and the Buyer shall pay a storage fee equal to 0.5% of the price of the delayed part of the Equipment to ECO-CRANES HUNGARY Kft. (2151 Fót, Ybl Miklós 42, info@ecocranes.hu , www.ecocranes.hu) for each full week of delay, starting on the 14th day after notification of readiness for delivery or acceptance, with a maximum cost of 5% of the delivery fee for the Equipment, unless the Seller can prove higher costs or losses. The Buyer shall pay all additional expenses incurred by the Seller as a result of the delay.
15. SERVICE AFTER THE WARRANTY PERIOD AND OTHER SERVICE PROVISIONS
    1. ECO-CRANES HUNGARY Kft., as a Service Provider, shall, as a general rule, provide service beyond the warranty period related to the sale of products and service not related to the sale of products on the basis of an individual contract concluded with the Customer.
    2. The service provided by ECO – Cranes Hungary Kft., depending on the specific content of the contracts concluded with the Customer, includes the regular and ad hoc inspection of cranes and lifting machines; this includes the performance of periodic structural, main and safety inspections in accordance with the MSZ 9721/2-81 standard; inspection of proper and safe operation, checking the condition of worn and worn-out parts and accessories in accordance with the manufacturer's specifications and applicable technical standards; reducing the risk of failure maintaining product performance; troubleshooting failures occurring between maintenance cycles; and training operating personnel.
    3. In the absence of a specific service contract or a confirmed written order, in the event of an operational failure requiring immediate on-site assistance reported by telephone, fax or e-mail, the Customer, by making the report, accepts the service fees and billing rules set out in Appendix 1 to these General Terms and Conditions.
16. LIMITATION OF LIABILITY
    1. The buyer may not assert any claims against the seller that exceed the above-mentioned rights, in particular no claims for damages may be asserted, whether based on contract or other acts or rights, for any losses incurred in connection with the service, regardless of the legal basis.
    2. In addition to the above, the seller is responsible for:
       • in cases of deliberate or gross negligence,
       • in the event of personal injury, damage to health or death,
       • in the case of faults that have been concealed in bad faith,
       • if liability exists under the Product Liability Act in the event of personal injury or damage to private property.
    3. In the event of intentional and culpable breach of material contractual obligations, the seller shall also be liable for slight negligence, but limited to typical, reasonably foreseeable damage.
    4. The seller's total liability for any direct damages related to the equipment and/or the contract shall be limited to the maximum value of the price paid by the buyer to the seller for the equipment, aggregated for one or more events.
    5. If the seller's liability for indirect damages is excluded, this applies in particular to lost profits (lost revenue and lost production) and all types of consequential damages.
17. LETTER OF CREDIT
    1. The letter of credit must be irrevocable and transferable, and must allow for partial shipments, loading onto a flatbed truck, a bill of lading under a contract of carriage, and transhipment. The letter of credit must stipulate that the rules set out in the “Uniform Customs and Practice for Documentary Credits (2007 Revision) ICC Publication No. 600 / 2007 Revision, ICC Publication No. 600” apply to the letter of credit in question.
    2. The letter of credit must be established in a form acceptable to the Seller within a maximum of 30 days after the date on which the Contract is signed by the Seller, and the letter of credit must remain valid for at least 30 days after the last shipment.
    3. The letter of credit must be issued and confirmed by a first-class international bank acceptable to the Seller and must be payable on presentation at the cashier's office of the bank designated by the Seller against presentation of a commercial invoice and/or other documents specified in the Contract.
    4. Notwithstanding any other provision of these Terms and Conditions (if any), if the Seller is unable to deliver the goods for reasons beyond its control, the letter of credit shall become payable against the forwarder's receipt or, if the Buyer does not designate a forwarder, against the warehouse receipt.
    5. The Buyer shall pay all costs, including, without limitation, costs incurred in connection with the opening, confirmation and extension of the letter of credit.
18. GOVERNING LAW AND SETTLEMENT OF DISPUTES
    1. The Agreement shall be interpreted and applied in accordance with the laws of Hungary.
    2. Any legal dispute arising from or related to this Agreement shall be settled by the Arbitration Court operating under the Hungarian Chamber of Commerce and Industry in accordance with its Rules of Arbitration. The place of arbitration shall be Budapest. The language of the arbitration proceedings shall be Hungarian.
    3. In addition to the above, the Seller shall be entitled to take legal action to collect its outstanding debts from the Buyer at the court having jurisdiction over the Seller's registered office.
19. LANGUAGE AND DISCRIMINATION
    1. The language of all documents and communications between the Seller and the Buyer shall be Hungarian.
    2. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision, provided that the Agreement is revised to the maximum extent permitted by law to achieve the original intent of the parties.

Appendix 1

In the absence of a specific service contract or confirmed written order, the service fees and billing rules applicable to immediate on-site troubleshooting reported by telephone, fax or e-mail shall apply. Billing shall be based on the actual work performed at the following hourly rates:

In the event of unexpected breakdowns or other repair work, travel shall commence and end in Fót. If the Contractor's technician is already at the Customer's premises due to other work, no transport or travel costs shall be charged. Warranty work during the warranty period shall be free of charge. Other work shall be invoiced on the basis of the work sheet recorded on site, the hours spent on work and travel certified by the Customer, and the distance travelled in kilometres.

2025.03.20

1. Warranty policy between Ecocranes Ltd. and its customers, distributors and dealers

   1. Warranty for Eco-Cranes Ltd. lifts and crane components. Eco-Cranes Ltd. warrants that, to the best of its knowledge, the products supplied by Eco-Cranes Ltd. have been designed in accordance with the relevant European regulations and standards and are free from any defects in design, materials or workmanship that would prevent or hinder the electrical or mechanical functions of the products. This warranty policy applies to lifts and crane components supplied by Eco-Cranes Ltd. to its customers, distributors, agents or dealers (hereinafter referred to as the Customer). The policy does not override the general terms and conditions of sale of Eco-Cranes Ltd. in force at the time of conclusion of the contract. In the event of any conflict between the policy and the general terms and conditions of sale, the general terms and conditions of sale of Eco-Cranes Ltd. shall prevail.

   2. Handling warranty claims. Warranty claims must comply with the guidelines set out below:

   2.1 Complaints regarding defective products delivered by Eco-Cranes Kft. and to be repaired under warranty must be submitted in writing. The notification must include a description of the defect with the probable cause and a reference recognised by Eco-Cranes Kft. (work number, serial number, lift number, etc.), as well as the address to which the replaced or repaired parts are to be delivered, which shall be the original place of delivery and under the original delivery conditions1. See the attached form. The warranty is conditional upon the written notification being sent to Eco-cranes Kft. without delay after the discovery of the defect, but no later than within 4 calendar days thereafter.
   2.2 If the geographical distance between the customer's premises and the location of the defective product exceeds 300 kilometres in one direction, Eco-Cranes Kft. must be notified. In such cases, Eco-Cranes Ltd. reserves the right to refer the repair to a nearby Eco-Cranes Ltd. dealer. If the journey has not been agreed with Eco-Cranes Ltd., the costs may be reduced or refused.
   2.3 Eco-Cranes Kft. shall respond to written requests within 24 hours of receipt by sending a confirmation of the complaint. If the parts are urgently needed, they will be delivered without delay. If the original delivery has not yet been paid in full and payment is due, Eco-Cranes Ltd. will only deliver the replacement parts against advance payment. The customer of Eco-Cranes Ltd. will receive a credit note to their account at a later date if the warranty claim has been accepted by Eco-Cranes Ltd. after inspection of the defective part.
   2.4 A prerequisite for the warranty is that the defect occurred during the warranty period.
   2.5 Acceptance of the complaint is subject to final inspection of the returned defective parts. Defective parts claimed by Eco-Cranes Ltd. must be returned within two weeks of receipt of the replacement parts, unless otherwise agreed by the parties.
   2.6 The warranty shall expire and the customer shall lose their right to replacement parts if:
   2.6.1 The written notification (see section 2.1) shall not be delivered within 4 calendar days of the discovery of the error.
   2.6.2 Replacement parts (see section 2.5) will not be returned within two weeks of receipt of the replacement or spare part.
   2.6.3 The service report (see point 5.1.a below) and the cost statement, which includes all copies of invoices issued for additional costs (see point 5.1.b below), shall not be sent within two weeks of the repair or receipt of replacement parts.

   NOTE: All complaints shall be closed within 2 months of written notification. If any of the above documents are missing, the complaint will be permanently closed as a „Rejected Complaint” and the replacement parts delivered or the repaired parts will be invoiced according to the replacement parts price list valid at that time.

   3. Warranty period

   The warranty period for electric cable hoist components, electric chain hoist components, end carriages, light crane components and crane parts is:
   • 24 months from the date of delivery.
   For electric cable lifting components, electric chain hoist components, end carriages, light crane elements and crane parts delivered from the stock of Eco-Cranes Kft.:
   • 24 months from the date of commissioning of the crane/hoist (proof of which shall be provided by the purchaser of Eco-Cranes Ltd.), but no more than 30 months from the date of delivery.
   The warranty period for manual lifting equipment and crane trolleys is:
   • 12 months from the date of delivery. The warranty period for repaired or replacement parts is 12 months from the date of repair or replacement. However, this warranty period shall expire no later than the expiry date of the warranty period for the originally delivered product(s).

   4. Scope of the warranty

   4.1 The customer of Eco-Cranes Ltd. is obliged to give Eco-Cranes Ltd. the opportunity to inspect and examine the damaged part or component. All requested replacement parts must be returned to Eco-Cranes Ltd. within two weeks of receipt of the replacement. If the complaint is accepted as a warranty claim, the warranty covers the labour costs necessary to repair the damaged part (see point 5). If Eco-Cranes Kft. rejects the claim, it will send a written notification of the reasons for the rejection and an invoice for the delivered part based on the spare parts price list in effect at that time.
   4.2 Eco-Cranes Ltd. shall bear the risk and reasonable direct costs associated with the delivery of replaced and repaired parts from Eco-Cranes Ltd. to the original delivery location in accordance with the original delivery terms. Eco-Cranes Ltd.'s delivery instructions must be followed.
   4.3 Low-value, occasionally breaking parts and consumables, including but not limited to fuses, rectifiers and bulbs, are not covered by the warranty, as are parts subject to normal wear and tear, and parts that are subject to normal wear and tear, such as brake pads, cable guides, cables, carrier chains and chain guides, are also not covered by the warranty.
   4.4 The warranty does not apply to parts and components purchased by Eco-Cranes Ltd. based on customer specifications and/or from a specific supplier, or to defects resulting from materials or designs specified by the customer.
   4.5 Damage during transport shall be dealt with in accordance with the specifications set out in Annex II.

   5. Handling warranty costs

   5.1
   a) Eco-Cranes Ltd. shall send a detailed service report on the repair or replacement within two weeks of the replacement or repair. Eco-Cranes Ltd. shall approve (or reject) the costs of dismantling and reinstallation after inspecting the returned parts.
   b) Warranty costs incurred by the buyer shall be paid exclusively by means of a credit note against the buyer's statement of costs and on the basis of the minimum price principle. The hourly rate for working hours must be determined and agreed upon in advance on an annual basis. Overtime charges and weekend surcharges will only be accepted if Eco-Cranes Ltd. has agreed to them in advance. Travel expenses related to service platforms, mobile cranes, test weights and other rented equipment shall be paid upon presentation of copies of the original invoices for these expenses. Eco-Cranes Kft. shall not pay any additional expenses, such as daily allowances. Additional costs such as accommodation costs will only be paid by Eco-Cranes Kft. if agreed in advance. Eco-Cranes Kft. will not accept invoices or debit notes for costs and expenses incurred and will not accept any deductions by the customer prior to acceptance of the guarantee. Deducted amounts shall be treated as „outstanding amounts” with all the consequences thereof. Costs shall only be recognised and credited against a statement of costs. The credited amount shall be credited to the end user account of Eco-Cranes Ltd.'s customer, unless otherwise agreed by the parties.
   c) Eco-Cranes Ltd. shall not be liable for any costs arising from errors caused by the purchaser, service or crane sales specialists or other third parties.
   5.2 Eco-Cranes Ltd.'s liability shall be limited to the actual direct damage or the price paid for the transport or replacement of the shipment (whichever is lower).
   Eco-Cranes Ltd. shall not recognise any repair or replacement costs that exceed the original invoiced amount for the product.
   5.3 Eco-Cranes Ltd. shall in no event be liable for any special, punitive, unforeseen, indirect or consequential damages, including, without limitation, production or financial losses, lost profits, lost use or loss of contracts.
   5.4 Eco-Cranes Ltd. shall not be liable for any defects in any part of the product beyond two years from the start of the warranty period specified in Article 3 of this Directive.

   6. Expiry of the warranty. In all and any cases, the warranty shall become void if:

   6.1 Parts, components or hoists shall not be altered, modified or repaired contrary to the manufacturer's guidelines and/or without the written approval of Eco-Cranes Kft.
   6.2 Damage caused by improper or incorrect storage, installation, maintenance or servicing.
   6.3 Lifts or components were not used in accordance with the relevant directives or work classification.
   6.4 Damage resulting from careless or improper use or improper use of lifts and components.
   6.5 Damage caused by operating electronics not supplied by Eco-Cranes Ltd.
   6.6 Damage caused by installed parts that are not original Eco-Cranes Ltd. products.

   7. Eco-Cranes Ltd. supports its partners by providing free training on the entire ECO CRANES and SWF product range. Product specialists for wire rope hoists, chain hoists and electronics are available to provide telephone support during normal working hours, unless otherwise agreed by the parties. Eco-Cranes Ltd. does not operate its own repair workshop, as this is the business activity of our partners. We only ask our specialists to repair our products in exceptional cases. Therefore, Eco-Cranes Ltd. is not in a position to carry out any testing and/or repairs on any equipment. Eco-Cranes Ltd. specialists are generally not available for on-site inspections and repair work, as we do not compete with our partners' business activities. In exceptional cases, it is possible for Eco-Cranes Ltd. specialists to carry out on-site inspections and/or fault analysis. However, the costs incurred must be borne by our partners, unless the parties agree otherwise.

   Appendix I: Eco-Cranes Ltd. complaint report form
   Annex II: Postponement of treatment of transport injuries

1. ECO-CRANES LTD.
   2151 FÓT. YBL MIKLÓS STREET 42
   HUNGARY
   TEL. +36 27 360823, FAX +36 27 360824

   RETURN AND/OR WARRANTY CLAIM FORM (tick one)
   FOR A QUICK RESPONSE, PLEASE PROVIDE THE ECOCRANES ORDER NUMBER/SERIAL NUMBER, AS WELL AS ALL INFORMATION AND THE MODEL NUMBER!

   DELIVERY DATE:
   E-MAIL: INFO@ECOCRANES.HU

   QUANTITY/PART NUMBER/DESCRIPTION/REASON FOR REQUEST: PLEASE PROVIDE ACCURATE INFORMATION!
   The carrier is responsible for the return goods.

   SPARE/REPLACEMENT PARTS DELIVERY INFORMATION
   Prepaid shipping = UPS Express Saver Paid by customer (i.e., express). Note: All original items replaced under warranty must be returned and clearly identified with the ECO number on the outer packaging for all warranty-related communications and shipments. All materials returned for restocking must be inspected in advance by ECO-CRANES, accepted in „like new” condition, and marked with the ECO-CRANES order confirmation number on the outer packaging. Standard restocking fee: 20%.

   APPLICANT:
   TO BE DELIVERED: (IF DIFFERENT FROM THE BUYER)
   COMPANY NAME:
   ADDRESS:
   CITY:
   CONTROL NUMBER:
   Tel./ Fax:
   For delivery, please indicate your preferred delivery method.
   Please enclose a copy of this page with your return package.

Our company’s quality assurance certificates:

MSZ EN ISO 9001:2015 certificate (valid from 3 August 2026 to 3 July 2029)