1.1 Client appoints Posta24 to provide packaging, mailing, storing, forwarding, printing and graphics services, based on ad-hoc orders.
The ad-hoc agreements (orders) become effective between the parties upon acceptance by the Client of the offers, worksheets (shipping orders) and order forms sent by Posta24 in response to the Client’s requests to Posta24.
If the approval of Client contains any new conditions, then such approval is considered as a new request for offer; in such cases an ad-hoc agreement comes into existence only if Client approves Posta24’s new, updated offer prepared on the basis of such request without any amendments.
1.2 For certain types of services, the exact description of each type of service and the deadlines for the performance of each service are set out in Posta24’s following General Terms and Conditions (GTC, which are available at: https://posta24.hu/gtc ):
The Parties agree that they may deviate from the applicable GTC of Posta24 in the case of ad hoc orders pursuant to clause 1.1. In the event of any discrepancy between the provisions of the case-by-case orders, the GTC and the present contract, the Parties agree on the following order of the contractual documents (the former taking precedence over the latter): case-by-case orders, the present contract, the applicable GTC.
The Parties expressly stipulate that the Client’s own general purchasing or contractual conditions shall not apply to their relationship.
1.3 If the Client requests Posta24 to perform additional duties beyond the ones included in the order agreed, Posta24 is only obliged to fulfill such tasks if it expressively accepts them in writing.
In case of such further duties Parties shall agree on the costs of the additional work. Without this agreement Posta24 is not obliged to fulfil the additional duties.2.1 Parties are obliged to cooperate in the timely accomplishment of the individual orders. Considering this, Client shall provide Posta24 with all the required material and information as soon as possible and take the measures necessary to enable Posta24 to perform the service it has undertaken to provide.
If Client delays with the above obligation, Posta24 shall be obliged to fulfil its duties by the original deadline set in the order only if it expressively accepts to do so in writing. Otherwise, the deadline shall be automatically prolonged by the duration of Client’s delay.
2.2 Except for parcel services, which are governed by Posta24’s applicable GTC, Parties agree if Client does not refer to any objections regarding Posta24’s performance within 5 days from the fulfilment, then the fulfilment shall be considered as faultless even if a direct confirmation of the fulfilment is not issued – therefore Posta24 is entitled to issue its invoice.
2.3 Parties agree that Posta24 has the right to employ sub-contractors (assistance of third parties) during the fulfilment of the present agreement without the obligation of acquiring any kind of prior approval from Client; Posta24 shall be responsible for the work of any employed subcontractors as for its own work.
3.1 The fees payable to Posta24 shall be determined by the parties in the individual contracts (orders), however, they may agree time to time to fix the fees for certain services in advance for a fixed period. If the parties conclude such an agreement, the agreed schedule of fees shall be annexed to the present agreement.
3.2 Posta24 shall issue a weekly collective invoice for the fees due, that is payable by the Client within X days of the date of issue.
In the event of late payment, the statutory interest on arrears applicable between business associations (pursuant to Section 6:155 of the Civil Code) will apply, and Posta24 will also be entitled to a recovery fee under the Act IX of 2016.
3.3 Payment in Hungarian forint shall be made by bank transfer by the Client to the below bank account:
Beneficiary: Posta24 Csomagolási és Futárposta Kft. Swift/BIC: TRWIBEBBXXX Account Number: 1260 0016 1813 9236 8136 7624 IBAN: HU65 1260 0016 1813 9236 8136 7624 Bank name and address: Wise Rue du Trône 100, 3rd floor Brussels 1050 Belgium4.1 The present agreement comes into effect by the signing of both parties, and it is concluded for an indefinite time period.
4.2 Any of the parties may terminate this agreement without justification by a written notice and with a 30 days’ notice period. The termination does not affect the obligations of the parties related to the ad-hoc agreements already agreed.
4.3 Posta24 may rescind from or terminate the ad-hoc agreements if the Client – in spite of notification from Posta24 – does not provide Posta24 with the information necessary for the fulfilment or fails to take the measures necessary for the proper performance of the contract by Posta24. In this case Posta24 is entitled for all costs (proportional part of the fee) arisen in accordance with Posta24’s fulfilment until the termination
5.1 Parties shall announce all of their notices in writing – by mail or e-mail – to the other Party, all termination notices shall be sent by a registered mail with return receipt, for all other cases Parties also accept simple e-mail messages as written.
5.2 Parties takes the obligation to inform immediately in writing the other party in case of any change of their availabilities (such as their registered office, mail address, contact persons etc.) stipulated in the present agreement by a registered mail letter with return receipt.
Parties agree that until receiving the formal notification on the change of the availabilities as defined above the statement of any of the Parties might be lawfully announced by sending it to the former address of the other Party. In case of lack of information regarding the change of the availabilities the notifications sent to the former address shall be considered as delivered on the 5th working day from the date of sending even though it is returned by the postal service with the marks “not taken over”, “the recipient is moved away with no request of sending forward” or similar.
Regarding the regulations of the present sub-section Client may especially not refuse its payment obligations towards Posta24 with the reference of the change of its address if Posta24 sent its invoice to its former address.
5.3 Parties appoint the following people as contact persons entitled to make legal statements on behalf of them besides their official representatives registered in the company register:
On Client’s side: [name, availabilities]
On Posta24’s side: Gabor Szilagyi , 06 20 574 5762 , [email protected]
All legal statements regarding the present agreement made by the contact persons appointed above shall be considered as the statements of the party represented by that contact person.6.1 Legal relations arising out of the present agreement between the Customer and Posta24 shall be governed by the Hungarian law.
6.2 Parties shall try to settle any disputes concerning the Agreement by amicable discussion.
If the Parties cannot solve their problems in the aforementioned manner, any of them may introduce the issue to the Hungarian regular court having jurisdiction and competence. The Parties have read and understood the present agreement and have signed it as a deed fully meets their contractual will.
