Relating to the sale of new and used machinery distributed by Agrider Zrt. - Effective from: 01.01.2025
I. General Provisions
The contracting parties acknowledge that Agrider Zrt. is a commercial company engaged in the trade of agricultural machinery. Agrider Zrt. has entered into a legal relationship with the Buyer in connection with the sale of new and used machinery distributed by it, and as a detailed regulation of this legal relationship the parties mutually accept and act in accordance with the provisions set out in these General Terms and Conditions (GTC). The contracting parties expressly record that the year of manufacture of a new machine may be earlier than the current calendar year.
The legal relationship of the contracting parties recorded in these GTC is based on the delivery agreement, purchase and sale contract, or other written agreement concluded in connection with the given transaction. These contracts and the GTC form a single unified whole. A purchase and sale transaction between the parties may only be concluded in writing.
II. Obligation of Cooperation between the Parties
Agrider Zrt. shall provide - on a single occasion and free of charge, if requested by the Buyer - assistance to the person designated by the ordering party (machine operator) after handover, regarding the operation of the machine in accordance with the operating manual. The Buyer must notify Agrider Zrt. of such a request in writing at least 3 days before the requested date by sending an e-mail to ugyvitel@agrider.hu.
In the case of agricultural tractors and telescopic handlers, the instruction provided in connection with the operating manual does not replace the operator training course providing the certificate/licence required for operation. The Buyer acknowledges that Agrider Zrt. bears no liability whatsoever for damages arising from subsequent deficiencies in the operation or improper use of the machine.
Agrider Zrt. shall provide the Buyer with information on the technical specifications of the machine subject to the sale. The Buyer selects the given machine on the basis of these specifications and knowledge of their own farming circumstances; therefore Agrider Zrt. assumes no responsibility for establishing the power unit-implement connection required for operation.
The parties undertake to mutually inform each other of all material circumstances during the performance of the contract.
In the case of payment in instalments or performance involving credit/leasing, the Buyer is obliged to take out property insurance and insurance against collision damage on the subject matter of the purchase and sale until the end of the term.
III. Delivery Conditions
The delivery and other deadlines, as well as the date of handover and takeover of the machine, shall be recorded by the parties in the delivery agreement concluded between them.
Agrider Zrt. assumes no responsibility for any possible extension of the delivery deadline due to the fault of the manufacturer.
The Buyer shall take over the purchased machine at the premises designated by Agrider Zrt. - as a general rule in Kecskement. The risk of loss shall pass to the Buyer at the place of handover in all cases.
During the subsistence of the legal relationship between the parties, the Buyer is obliged to notify Agrider Zrt. without delay of any changes to the data provided at the time of concluding the transaction, within 5 days of such change occurring.
In the event of delay in takeover by the Buyer, Agrider Zrt. is entitled to charge a handling fee corresponding to the default interest under Act V of 2013 on the Civil Code (Ptk.). The basis for calculating the handling fee is the full purchase price of the machine.
Agrider Zrt. may refuse to deliver the ordered product if, prior to delivery, it obtains information indicating that the sale to the Buyer would violate European Union or Hungarian trade regulations, or the agreement concluded with the manufacturer.
IV. Purchase Price
The contracting parties shall record the purchase price of the machine subject to the sale in the delivery agreement or in the purchase and sale contract. The parties conclude the transaction in the currency agreed upon between them (HUF, EUR, CHF, USD, GBP, etc.) and determine the purchase price as a gross amount (net price + VAT). The costs of placing the machine into service shall be borne by the Buyer.
The Buyer acknowledges that if an advance payment is made in connection with the given transaction and the performance fails due to a reason for which the Buyer is responsible, Agrider Zrt. shall deduct an amount equal to 10% of the total advance received as a penalty and shall refund the remaining amount to the Buyer.
If a deposit is handed over in connection with the transaction concluded, the parties acknowledge that the party responsible for the failure of performance shall forfeit the gross amount of the deposit given, and shall be obliged to repay twice the gross amount of the deposit received.
The gross purchase price includes customs duties, taxes and VAT. The same type of machine may be placed into circulation at different purchase prices per transaction.
Agrider Zrt. retains title to the sold machine until the full purchase price has been paid. Title shall pass to the Buyer only after full payment of the purchase price, on the basis of a separate declaration.
Agrider Zrt. reserves the right to modify the full purchase price until the machine arrives in Hungary, due to possible manufacturer price changes, type changes, exchange rate fluctuations, or other reasons. The Buyer acknowledges this right of the distributor to modify the price, and the parties contract with this in mind.
V. Conditions of Performance
In the event of a breach of payment or security-provision conditions, Agrider Zrt. is entitled to change the security-provision conditions to immediate cash payment, to make all outstanding claims immediately due, or to withdraw from the contract.
If the Buyer materially breaches any obligation set out in the contract concluded in connection with the given transaction or in these GTC, Agrider Zrt. is entitled to charge default interest in accordance with Act V of 2013 on the Civil Code (Ptk.) until the debt is paid.
The termination of the contract concluded in connection with the given transaction also entails the termination of related contracts. The parties are obliged to settle their outstanding debts toward each other within 8 days following the date of settlement.
Agrider Zrt. is entitled to set off, at the time of their maturity, any claims it holds against the Buyer on any legal basis against claims held by Agrider Zrt. in its favour against the Buyer.
VI. Warranty and Guarantee Rights
The warranty declaration of Agrider Zrt. and the rights and obligations relating to the guarantee are contained in the service book of the new machine. The Buyer has familiarised themselves with these contractual terms and conditions and enters into the contract with this knowledge.
The parties agree that in connection with the purchase of a used machine, the Buyer waives the exercise of warranty claims. Agrider Zrt. takes this waiver of buyer's rights into account when determining the purchase price of the machine, and the parties contract with this in mind.
Agrider Zrt. does not provide any guarantee and excludes the exercise of warranty rights in connection with servicing not performed by it or the installation of parts not of a permitted quality.
In the event of a malfunction occurring during the warranty period, operator error shall be considered proven by the parties if the operator of the machine did not participate in the pre-announced operator training course held by Agrider Zrt. for the given machine type.
VII. Legal Consequences of Breach of Contract
If the Buyer falls into a payment default exceeding 15 days, Agrider Zrt. is entitled to withdraw the right of use and to repossess the subject matter of the purchase and sale from the Buyer until the outstanding claim is fully satisfied, and to keep it in responsible custody.
Agrider Zrt. is entitled to terminate the contracts concluded in connection with the purchase and sale transaction with immediate effect if the Buyer breaches the obligations recorded in the contract, in particular if:
- the Buyer falls into a payment default exceeding 15 days and fails to perform within the deadline specified in Agrider Zrt.'s notice;
- the value of the collateral securing the purchase and sale transaction decreases or the possibility of its enforcement becomes endangered, and the Buyer does not provide other adequate security;
- liquidation, bankruptcy proceedings are initiated against the Buyer, or the Buyer initiates voluntary dissolution proceedings;
- Agrider Zrt. becomes aware that the Buyer is failing to meet payment obligations toward third parties, or that enforcement proceedings against the Buyer's assets have been unsuccessful;
- the Buyer provided incorrect or incomplete information at the time of concluding the contract;
- a change has occurred in the Buyer's financial circumstances that jeopardises the fulfilment of payment obligations;
- the Buyer fails to insure the subject matter of the purchase and sale.
At the time of termination, the Buyer's right of use shall cease and the Buyer is obliged to immediately hand over the subject matter of the purchase and sale to the representative of Agrider Zrt. in a clean condition fit for its intended purpose and use, together with all accessories and documents.
VIII. Other Provisions
The Buyer consents to Agrider Zrt. processing the personal data obtained in connection with the conclusion of the contract in its records, and to being contacted regarding advertising and promotional opportunities.
The parties agree that Agrider Zrt. shall affix its logo as a sticker on the machines sold and/or serviced by it.
If any provision of the contract is or becomes invalid (partial invalidity), this shall not affect the validity of the remaining provisions of the contract.
The contract may only be amended in writing by mutual agreement of the parties.
Agrider Zrt. reserves the right to apply individual assessment deviating from the provisions of these GTC in certain transactions in accordance with its business policy, and to unilaterally amend the GTC. The contracting partner must be notified of any amendment by registered letter at least 15 days before it comes into effect.
The parties shall attempt to resolve disputes arising from the contract by peaceful means. In the event of court proceedings, the parties agree on the exclusive jurisdiction of the Kecskemeti Jarasbirosag (Kecskemeti District Court) or, depending on the value threshold, the Kecskemeti Torvenyszek (Kecskemeti Regional Court). On matters not covered by these GTC, the provisions of the currently applicable Act V of 2013 on the Civil Code (Ptk.) and the relevant legislation shall apply.
The parties declare that they have read and understood the provisions of the GTC and acknowledge them as binding upon themselves.
These General Terms and Conditions enter into force on 01.01.2025.