General terms and conditions
1. Scope of the GTC
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed and all contracts containing elements of sales, particularly delivery and sales contracts (such as forward sales of goods specified by type and quantity), and framework delivery agreements and contract conclusion procedures related to such contracts in the fields of technical insulation, acoustic insulation, passive fire protection, high-temperature solutions, and their accessories, or other technical and construction materials, between ISOPARTNER Kft. (registered office: 2083 Solymár, Szent Flórián utca 4064; company registration number: 13-09-140747; hereinafter referred to as "Seller" or "ISOPARTNER") and the parties obligated to pay consideration (hereinafter referred to as "Buyer," "Customer," or "Partner"; ISOPARTNER and Partner are collectively referred to as "Parties," or individually as "Party"). The products/goods/materials/equipment etc., which are the subjects of these contracts, are collectively referred to as "Products."
1.2. These GTC generally apply to all matters unless the Seller and Buyer explicitly agree otherwise. Thus, these GTC form an integral part of the framework agreement (hereinafter referred to as "Framework Agreement") individually concluded between the Parties concerning their long-term partnership relationship.
1.3. Definitions in the Framework Agreement apply with the same meanings in these GTC unless otherwise provided herein.
1.4. If the Buyer and Seller conclude an individual agreement that differs from these GTC and/or the Framework Agreement with the Partner, it only applies to the specific individual transaction concerned. Without an explicit agreement, such individual agreements do not apply to further transactions between the Parties.
1.5. The Buyer's procurement or other general contractual terms, especially those contrary to the provisions of the Framework Agreement or these GTC, do not become part of the contractual relationship between the Seller and Buyer, even if the Buyer refers to them when placing the order or accepting ISOPARTNER's offer, and ISOPARTNER does not explicitly and promptly object to such supplementary or different terms. Conditions in the Buyer's order that supplement or differ from ISOPARTNER's offer, the Framework Agreement, or the GTC do not become part of the individual delivery agreement between the Parties, even if ISOPARTNER does not explicitly and promptly object to such conditions. The Buyer cannot claim that the individual supply relationship between the Parties did not come into existence based on the Buyer's general terms or other supplementary or different contractual terms if the Products are received. By accepting the Products, it is confirmed that the supply relationship is primarily governed by ISOPARTNER's offer, the Framework Agreement, and subsequently the GTC.
2. Ordering Products and Conclusion of Individual Agreements
2.1. Data, prices, or any other information provided by ISOPARTNER through price lists, websites, circulars, advertisements, guides, or other informational materials are for informational purposes only and constitute an invitation to make an offer. They do not create any contractual or obligation to contract for ISOPARTNER.
2.2. An individual, legally binding sales agreement between the Seller and Buyer for the sale of Products is concluded when the Buyer accepts the Seller's specific offer regarding the sale of Products (hereinafter referred to as "Contract"). The Contract can be concluded orally, in writing, or via email. ISOPARTNER will promptly send an email confirmation to the Partner about the concluded Contract, which includes the name, type, quantity of the Product, the purchase price, and the expected delivery date (hereinafter referred to as "Confirmation").
2.2.1. The Buyer is entitled to withdraw from the Contract without any adverse consequences by submitting a written or email statement on the day of receipt of the Confirmation (if the Confirmation is sent outside the Customer's business hours, until the end of the next business day), if the Confirmation differs from the agreement between the Parties and ISOPARTNER does not amend the content of the order confirmation as requested by the Buyer. Unless otherwise stated, the Buyer is not entitled to unilaterally withdraw from orders.
2.2.2. In the absence of a written agreement, if the Partner does not object to the content of the Confirmation on the day it is received (if the Confirmation is sent outside the Customer's business hours, until the end of the next business day) by written or email statement, the content of ISOPARTNER's Confirmation is decisive for the Contract's terms.
2.2.3. Acceptance of the Product confirms that the supply relationship (Contract) is established according to the content of the Confirmation.
3. Delivery conditions
3.1. The delivery of the Products covered by the Contract will, unless otherwise agreed, take place on the deadline(s) indicated in the Confirmation. ISOPARTNER will inform the Buyer of the exact delivery time in advance by phone.
3.2. The delivery date specified in the Confirmation is for informational purposes only. ISOPARTNER will fulfill the Contracts within a reasonable timeframe depending on its stock and the procurement of the specific Product.
3.3. ISOPARTNER reserves the right to unilaterally modify the committed delivery date or deadline if any circumstances arise that make the delivery date or Contract performance difficult. Such circumstances include but are not limited to: (i) A supplier of ISOPARTNER (including affiliated companies) fails to meet the agreed or usual delivery deadlines. (ii) The Product cannot be procured within the usual delivery time and reasonable conditions from ISOPARTNER's usual suppliers. (iii) Market or supply chain conditions cause delays or increased costs for timely procurement of the Product (including COVID-19 measures and the consequences of the war in Ukraine). (iv) Unexpected events (e.g., operational disruptions, strikes, extraordinary economic events) impact or delay ISOPARTNER’s performance.
3.3.1. In such cases, ISOPARTNER will notify the Buyer of the extended delivery date. The Buyer has the right to withdraw from the Contract concerning the affected Products by written or email notice without any compensation, cost reimbursement, or other obligations by the end of the next business day following the notice. This right of withdrawal cannot be exercised after the Product has been received. If partial delivery has occurred, the Buyer may only exercise the right of withdrawal for the remaining undelivered Products. The Buyer waives all claims for damages against ISOPARTNER due to delayed or missed deliveries under such circumstances.
3.3.2. ISOPARTNER may withdraw from the Contract concerning the affected Products without any adverse legal consequences in the circumstances described in 3.2.
3.4. If the conditions related to the Products' (im)portation, such as customs duties, packaging, or other legal conditions, change between the order and delivery, or if the procurement cost of the Product increases, or if the HUF price weakens by at least 1.5% against the EUR from two business days before the Contract to the delivery date, ISOPARTNER may adjust the Product price accordingly. If the Buyer accepts the adjusted price, the Contract will be amended accordingly, and ISOPARTNER will send a new Confirmation. If the adjusted price is unacceptable to the Buyer, they can withdraw from the Contract for the affected Products by written or email notice by the next business day following the new Confirmation. The right of withdrawal cannot be exercised after the Product has been received. The provisions of points 2.2.1 to 2.2.3 apply accordingly to the Confirmation.
3.5.In such cases, ISOPARTNER may offer the delivery of alternative/substitute products with similar properties to the contracted Products. If the Buyer accepts this as a contractual fulfillment, the Contract will be amended accordingly, and ISOPARTNER will send a new Confirmation. If the price of the alternative/substitute product differs from the Product price, ISOPARTNER may adjust the Contract price and notify the Buyer in the Confirmation. The Buyer may withdraw from the Contract by written or email notice by the next business day following the new Confirmation if the adjusted price is unacceptable. The right of withdrawal cannot be exercised after the Product has been received. The provisions of points 2.2.1 to 2.2.3 apply accordingly to the Confirmation.
3.6. ISOPARTNER is free to make partial deliveries. The Buyer is obliged to accept the delivered Products and pay the corresponding part of the price even if the full quantity is not delivered. The individual Contracts are considered divisible services.
3.7. ISOPARTNER is entitled to deliver before the contractual delivery date. The Buyer may only refuse early delivery with an explicit, justified written statement if the early delivery would significantly harm the Buyer’s interest, which was unknown when the Contract was concluded, and ISOPARTNER was informed of this at the time of the individual delivery Contract’s conclusion.
3.8. ISOPARTNER declares that it does not modify the condition, quality, or other characteristics of the products received from manufacturers/suppliers. It maintains and handles them according to the manufacturer's instructions and delivers the products in packaging that meets product safety requirements and protects the quality and condition of the products during transport. ISOPARTNER delivers the Products with the properties specified in the manufacturer's product information for the respective type.
3.9. Upon delivery, ISOPARTNER must provide a receipt (delivery note) to the Buyer, which the Buyer must sign to acknowledge receipt. Any person at the delivery destination identified in point 5.1 for receiving the Products will be considered authorized to receive and verify the delivery. The Buyer ensures that the person signing the delivery note at the delivery destination is authorized to receive the Products.
3.10.The Buyer must inspect the Products upon receipt and immediately report any quality, quantity, or warranty issues. In the case of recognized quality defects by ISOPARTNER, ISOPARTNER must replace the defective product with a similar, non-defective product or rectify the defect within a reasonable period. If ISOPARTNER does not fulfill this obligation within a reasonable time, the Buyer may withdraw from the Contract for the defective Product and reclaim the purchase price. Other warranty rights (price reduction, independent repair by the Buyer or procurement at ISOPARTNER’s expense, involving third parties) are excluded.
3.10.1.A The delivery of Products is fulfilled by handover, documented by a protocol signed by both Parties. If no protocol is prepared, the delivery note signed by the Buyer’s representative verifies the handover. The Buyer must immediately inspect the products for quantity and quality during handover and fully record any visible defects in the protocol. The unreserved signature of the Buyer’s representative on the delivery note confirms the receipt of the Products in perfect quantity and quality.
3.11. Unless otherwise agreed, the delivery and receipt location of the Product is the destination (delivery address) specified in the Contract. ISOPARTNER arranges delivery to the destination at its own expense. ISOPARTNER fulfills its contractual obligation when the Product arrives at the destination. Unloading and moving the Product from the transport vehicle is at the Buyer’s expense and risk. If the Contract specifies delivery at the Supplier’s premises, loading onto the transport vehicle and transport from the Supplier's warehouse is the Buyer's responsibility and risk.
3.12. Returns of non-defective Products (previously sold by ISOPARTNER to the Buyer) are only possible with ISOPARTNER’s approval, in unopened and intact original packaging, within 30 days of sale, for high-turnover products kept in stock, and at the Buyer’s expense. ISOPARTNER will apply a 20% handling fee.
4. Prices and Payment Terms
4.1. The Parties shall individually agree upon the purchase prices of the Products in the Contract.
4.2. The application of deferred payment terms is only possible based on the Parties' express written agreement, under the conditions and within the limits specified therein.
4.3. In the absence of an alternative agreement, the Buyer is obliged to fully pay the Purchase Price as an advance by the business day preceding the delivery date specified in the Confirmation.
4.4. If doubts arise regarding the Buyer's solvency after the conclusion of the Contract (especially if the Buyer is in payment default, or if insolvency proceedings, restructuring law proceedings, reorganization proceedings, or enforcement proceedings are initiated against the Buyer), Isopartner may require the Buyer to pay the purchase price of the Products in advance or to provide adequate security, and until such requirement is fulfilled, Isopartner is entitled to withhold the delivery or handover of the Products without the consequences of delay.
4.5. In the absence of an alternative agreement, the Buyer is not entitled to offset, withhold, or unilaterally reduce any payment obligations (including enforcing warranty claims through offsetting or unilateral reduction) against ISOPARTNER for any claims against ISOPARTNER.
4.6. ISOPARTNER is entitled to unilaterally withdraw from the Contract with a declaration - even without proving loss of interest - and reclaim the already delivered Products from the Buyer if the Buyer does not fulfill their payment obligations by the due date or any other contractual obligations even after a grace period of at least 5 days. Returning the goods does not exempt the Buyer from paying the payment notice and other costs or damages.
4.7. Provisions applicable in the case of applying a Purchase Limit
4.7.1. If the total amount of the unpaid gross purchase price of the Products already received (but not yet settled financially) by the Buyer and to be received under the current pending delivery exceeds/exceeds the current applicable Purchase Limit amount agreed in the framework agreement between Isopartner and the Buyer, Isopartner is entitled to (i) reject any further new orders without justification (or fulfill them only with prepayment), and (ii) suspend the fulfillment of ongoing orders (including particularly the order whose fulfillment would result in exceeding the Purchase Limit) without the consequences of delay (withhold the goods). If the total amount of the unpaid gross purchase price of the Products received or to be received under the current delivery decreases below the applicable Purchase Limit for the Buyer, the performance deadline for the given (withheld) Product will restart. Isopartner is similarly entitled to suspend its delivery obligation in any other cases where the Buyer or its affiliated company fails to meet any due payment obligations. During the suspension period, the storage costs shall be borne by the Buyer.
4.7.2. If the duration of exceeding the Purchase Limit exceeds 15 days, or if the Buyer is in any amount of payment delay beyond 15 days, Isopartner is entitled to immediately withdraw from all individual orders not yet fulfilled by Isopartner and the Framework Agreement.
4.7.3. ISOPARTNER is entitled to change (decrease or increase) the Purchase Limit at any time without justification, even regarding individual orders not yet fulfilled, or to cancel it with immediate effect (especially in the case of payment delay or deteriorating financial situation).
4.8. Regardless of the application or cancellation of the Purchase Limit, if bankruptcy, liquidation, deletion, or winding-up, legal supervisory, enforcement, or other similar proceedings are initiated against the Buyer, Isopartner is entitled to (i) immediately terminate the framework agreement between Isopartner and the Buyer, or (ii) suspend, refuse to fulfill, and withdraw from the ongoing deliveries, and (iii) withdraw from the individual agreement regarding the inventory affected by retention of title at the Buyer, and demand the return of the given Product with the addition of handling costs.
4.9. Provisions applicable in the case of using an Authorization Letter
4.9.1. If the Buyer has undertaken the obligation to submit an authorization letter in the supply framework agreement with Isopartner, Isopartner is entitled to submit a collection order based on the authorization letter up to the amount of the existing claim from the due date of any invoice against the bank account specified in the authorization letter by the Buyer.
4.9.2. The Buyer is not entitled to revoke the collection order based on the authorization letter and is obliged to maintain the possibility of collection initiated by Isopartner during the existence of the framework agreement concerning any bank account. If the collection order is unsuccessful, the Buyer is obliged to ensure the payment of the purchase price to Isopartner in any other way within the deadline.
4.9.3. Until the submission of the authorization letter, or from its revocation, the termination of the affected bank account, or the occurrence of insufficient funds, Isopartner is entitled to withhold the delivery or handover of the Products without the consequences of delay.
4.10. Provisions applicable in the case of involving a Guarantor
4.10.1. If a guarantor is involved regarding the Buyer's debt, the guarantor undertakes the obligation that if ISOPARTNER receives partial satisfaction from the guarantor, the guarantor will not enforce any potential reimbursement claims against the Buyer during the existence of the Contracts (including the supply framework agreement), and the guarantor acknowledges that the reimbursement claim is conditional upon the full satisfaction of the buyer's obligations arising from the Contracts. The securities of the claim will be transferred to the guarantor who performs in favor of ISOPARTNER only after the termination of the secured supply framework agreement and after all claims arising from it and from individual supply Contracts have been satisfied in favor of ISOPARTNER.
4.10.2. The guarantor's obligation is not affected by the modification of the secured supply framework agreement or individual supply Contracts, or if ISOPARTNER waives any rights, securities, or fails to enforce any such rights, or if any such right or security ceases for any reason (including ISOPARTNER's fault), or if ISOPARTNER waives any right securing its outstanding claims, based on which the guarantor could have received satisfaction due to the guarantor's performance, or if the claim becomes uncollectible or significantly more difficult to collect against the Buyer due to ISOPARTNER's fault. The application of § 6:426 of the Civil Code is excluded.
5. Acceptance, Transfer of Risk, and Limitation of Liability
5.1. On the day of delivery, Isopartner will notify the Buyer of the expected time of product acceptance by calling the phone number provided by the Buyer in the document titled "COMPANY DATA FORM ISOPARTNER Kft."
5.2. If the contract stipulates that Isopartner is responsible for delivering the product to the specified destination, Isopartner will make the product available for acceptance at the destination. The risk of damage transfers to the Buyer once the product arrives at the agreed destination and is made accessible to the Buyer. The unloading from the delivery vehicle and moving the product indoors is the responsibility and risk of the Buyer. The Buyer bears all damages related to the unloading of the products.
5.3. If the Buyer delays acceptance (especially if the Buyer requests postponement of the prepared shipment, does not accept the delivered products at the destination, or is unavailable on the day of delivery), the Buyer is obligated to reimburse Isopartner for the costs arising from storing the products and attempting delivery. The Buyer will also bear the risk of loss, damage, or destruction of the products as if they had been accepted at the time specified by Isopartner. If the contract specifies products by type and quantity, the risk transfers to the Buyer when Isopartner stores the products separately in a prepared state for shipment.
5.4. Regarding any and all damages caused to the other party by Isopartner’s breach of any agreement with the Buyer (particularly the Contract), or otherwise, Isopartner's liability for damages is limited to the highest aggregate amount of the net purchase price stipulated for the products under the relevant contract. Beyond this amount, Isopartner has no obligation to compensate the Buyer for any damages within the scope of the entire contractual relationship and any damage caused (except for cases where liability limitation is prohibited by law). Within this amount, Isopartner's liability does not extend to compensation for lost economic advantage (e.g., from the Buyer's missed performance) or damages resulting from a substitute contract (e.g., procurement from another source) (except for cases where liability limitation is prohibited by law).
6. Retention of Title, Rights of Disposal
6.1. Isopartner retains ownership of the products until full payment of the purchase price for the respective product (if a bill is partially settled, retention of title applies to all products covered by the bill).
6.2. Encumbering the products under retention of title is not allowed. The Buyer may resell, incorporate, or otherwise alter the products under retention of title only upon immediate payment, whereupon the purchase price owed to Isopartner becomes immediately due. The Buyer must separate the resale proceeds from other financial assets and immediately use them to settle Isopartner's claim.
6.3. If retention of title becomes unenforceable through resale to a third party, incorporation into buildings, mixing, or other reasons, the claim against the third party arising from the resale, incorporation, or similar transaction replaces the retention of title. Such claims are automatically assigned to Isopartner up to the amount of the unsettled claim without further declaration. Isopartner may demand immediate issuance of a performance order in its favor from the Buyer. Isopartner can validate the assignment of claims to a third party by presenting the Contract and these General Terms and Conditions. Payments to Isopartner from the assigned claim will be considered as settlement of the Buyer's debt to Isopartner. Upon full settlement of all claims to Isopartner, the assigned claim or right will be reassigned or transferred back to the Buyer, who must account for it.
6.4. If the delivery of the contract subject precedes full payment, and the unsettled net purchase price reaches 4,000 EUR (or its HUF equivalent converted at the prevailing MNB exchange rate), Isopartner may request the Buyer to ensure the retention of title is registered in the security interests register, cooperating with the Buyer in this regard. If the fact of retention of title is not registered in the security interests register by the time of delivery, Isopartner may refuse to unload the equipment and redirect the shipment. In such a case, the costs and other consequences of the failed delivery are borne by the Buyer, and Isopartner may withhold its services until the registration is completed. The rules on the Buyer’s delay in acceptance apply accordingly.
7. Other General Rules
7.1. For the purposes of these General Terms and Conditions (GTC), any statement made by the Parties that is capable of producing legal effects includes, besides written form, declarations made via simple (non-certified signature) email.
7.2. A written notification by one Party is deemed delivered when received or when receipt is refused, as evidenced by a return receipt or the delivery confirmation form. The Parties agree that any postal item sent to the Buyer's registered office or, if different, the address specified in the contract or in the "COMPANY DATA FORM ISOPARTNER Kft." will be deemed delivered on the 5th day after posting, even if returned by the post office with a note such as "unclaimed," "unknown addressee," or "moved."
7.3. If any provision of these GTC is or becomes invalid, it will not affect the validity of the other provisions. In such a case, the Parties commit to replacing the invalid provision with one that is closest in economic content to the original provision. In case of a regulatory gap, the Parties commit to filling it in accordance with the fundamental intentions of these GTC.
7.4. The version of the GTC in effect at the time of contract conclusion applies to the legal relationship of the Parties. ISOPARTNER is entitled to unilaterally modify the GTC for the future. In the case of ongoing services (Framework Agreement), the GTC in effect at the time applies to orders placed after the amendment of the GTC takes effect (the individual contract concluded thereafter). The current GTC and notices of any amendments are available on the Isopartner website.
7.5. Isopartner possesses all necessary official and other prescribed permits required for conducting its activities.
7.6. Isopartner guarantees that the products it distributes are free of litigation, encumbrances, and claims, and no third party has any rights that would hinder or restrict the Buyer from acquiring ownership.
8. Consumer Information
8.1. If the Buyer qualifies as a consumer (hereinafter "Consumer"), the provisions of these GTC apply with the deviations set forth in this section 8.
8.2. Consumers are only entitled to purchase the product at Isopartner’s premises, with the purchase price payable on the day of purchase simultaneously with the purchase. The Consumer is responsible for transporting the product.
8.3. In contracts between Consumers and Isopartner, the provisions of the GTC that (i) deviate from statutory requirements concerning the guarantee of conformity and mandatory warranty to the detriment of the Consumer, or (ii) are deemed unfair under § 104 (1) of the Hungarian Civil Code (Ptk.) in contracts between Consumers and businesses, do not apply.
8.4. Consumers can submit complaints related to the sale of the product orally or in writing through any of the contact details provided on the invoice issued by Isopartner for the sale of the product. Isopartner will immediately investigate and, if necessary and possible, rectify oral complaints related to defects in performance that the Consumer brings to Isopartner’s attention without delay.
8.5. If the Consumer does not agree with the immediate handling of the complaint, Isopartner will immediately record the complaint in a report, a copy of which will be provided to the Consumer as follows. For complaints communicated by telephone, email, post, or other written form, or if immediate investigation and rectification of an oral complaint is not possible, or if Isopartner deems the complaint unfounded, Isopartner will inform the Consumer of its position on the complaint within thirty days, along with its substantive response.
8.5.1.1. Isopartner provides the Consumer with a copy of the report on the complaint as follows:
8.5.1.2. For oral complaints made in person, on-site;
8.5.1.3. For oral complaints communicated in writing, by phone, or through other electronic communication services, with a substantive response no later than 30 days from receipt.
8.5.2. In case of complaint rejection, Isopartner must inform the Consumer in writing about the authority or conciliation body that the Consumer may initiate proceedings with, based on the nature of the complaint. This information will include the address, phone number, internet contact, and mailing address of the relevant authority or the conciliation body based on the Consumer’s place of residence or stay.
8.6. In case of a consumer dispute, the Consumer has the right to approach the conciliation body based on their place of residence or stay. The contact details of the conciliation bodies are available at: https://bekeltetes.hu/udvozlo
8.7. The contact details of the conciliation body based on Isopartner’s registered office are: Pest County Conciliation Body Address: 1055 Budapest, Balassi Bálint u. 25. 4th floor, 2nd office; Phone number: 06-1-792-7881; Website: http://panaszrendezes.hu/kerelem-kuldes/; President: Dr. Pál Koncz; Email: pmbekelteto@pmkik.hu
8.8. Information on statutory obligations regarding the guarantee of conformity and product warranty and the conditions for the same are provided in Annex 1 of these GTC.
These GTC come into effect on August 21, 2023, and remain valid until withdrawn or amended.
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Appendix No. 1
1. Warranty for Defects (in case of consumer purchase)
Under what circumstances can you exercise your warranty rights for defects?
You can assert a warranty claim against Isopartner Kft. for defective performance according to the Civil Code and the Government Decree No. 373/2021 on detailed rules for contracts between consumers and businesses for the sale of goods, as well as the provision of digital content and services (hereinafter: "Government Decree No. 373/2021").
What rights do you have based on your warranty claim for defects?
You can, at your choice, request repair or replacement unless fulfilling your chosen request is impossible or would incur disproportionate additional costs for ISOPARTNER compared to fulfilling another request, considering all circumstances (including the value of the service in a faultless state and the severity of the breach). If repair or replacement was not requested or ISOPARTNER did not undertake it or did not fulfill it properly and within the deadline, or if you have lost your legal interest in the repair or replacement, you can request a proportional reduction in the price or - except in the case of a contract for the sale of goods, provision of digital content, or digital services - repair the defect at ISOPARTNER's expense or have it repaired by someone else, or - as a last resort - withdraw from the contract. Withdrawal is not possible for minor defects. You can switch from your chosen warranty right to another, but you will bear the costs of the switch unless it was justified or ISOPARTNER gave a reason for it. If you enter into a contract for the sale of goods according to Government Decree No. 373/2021, you are entitled to request a proportional reduction in the price or terminate the contract, corresponding to the severity of the breach, if ISOPARTNER did not perform the repair or replacement or did not provide for the return of the replaced goods at its expense or lawfully refused to bring the goods into conformity. Additionally, you are entitled to request a proportional reduction in the price or terminate the contract if repeated performance failures occur with the goods, the severity of the performance failure justifies it, ISOPARTNER did not undertake to bring the goods into conformity, or it is clear from the circumstances that they will not do so properly. Based on your warranty claim for defects, you are also entitled - corresponding to the severity of the breach - to withhold part or all of the remaining price until ISOPARTNER fulfills its obligations regarding conformity and defect rectification.
If the defective performance only affects a specific part of the goods and the conditions for terminating the contract are met, you can only terminate the contract for the defective goods, but you can also terminate it for any other goods obtained together if it is not reasonable to expect you to keep only the conforming goods. If you terminate the sales contract as mentioned above, you must return the affected goods at ISOPARTNER's expense, and ISOPARTNER will refund the purchase price for the goods upon receipt of the goods or proof of their return.
What is the deadline for exercising your warranty claim for defects?
You must notify the defect immediately upon discovery, but no later than within two months of discovering it. However, please note that you cannot exercise your warranty rights for defects beyond the two-year limitation period from the performance of the contract.
Against whom can you exercise your warranty claim for defects?
You can exercise your warranty claim for defects against Isopartner Kft.
What other conditions apply to exercising your warranty rights?
Within six months from the performance, there are no additional conditions for exercising your warranty claim for defects beyond notifying the defect if you prove that the product or service was provided by ISOPARTNER. After six months from performance - considering the exceptions below - you must prove that the defect recognized by you existed at the time of performance.
If you enter into a sales contract for goods according to Government Decree No. 373/2021 - including cases of single services or a series of individual service actions - there are no additional conditions for exercising your warranty claim for defects beyond notifying the defect within one year from performance if you prove that ISOPARTNER provided the product or service. After one year from performance, you must prove that the defect recognized by you existed at the time of performance. If you enter into a contract for goods containing digital elements according to Government Decree No. 373/2021 and the contract provides for the continuous supply of digital content or digital services for a specified period, the one-year period extends to two years if the continuous supply does not exceed two years, or for the entire duration of the continuous supply if it exceeds two years. After one year, or the specified period as above, you must prove that the defect recognized by you existed at the time of performance.
Additionally, to exercise the rights of repair or replacement among the warranty rights for defects, it is essential to provide the disputed goods to ISOPARTNER.
ISOPARTNER can prove against a warranty claim for defects that the defect did not exist at the time of performance (especially if the defect is incompatible with the nature of the goods or the nature of the defect supports this).
2. Product Warranty
Under what circumstances can you exercise your product warranty rights?
In the case of a defect in a movable thing (sold product or material and part used during maintenance or repair), you can choose to assert your right specified in point 1 or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective product.
When is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time of its marketing or if it does not have the characteristics described by the manufacturer.
What is the deadline for exercising your product warranty claim?
You can exercise your product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this period, you lose this right.
Against whom and under what other conditions can you exercise your product warranty claim?
You can exercise your product warranty claim only against the manufacturer or distributor of the movable thing. You must prove the defect of the product when asserting a product warranty claim.
Under what circumstances is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is exempt from product warranty obligations if they can prove that: (i) they did not manufacture or distribute the product as part of their business activities, or (ii) the defect was not recognizable at the time of marketing according to the state of science and technology, or (iii) the defect of the product results from the application of legislation or mandatory official regulations.
The manufacturer (distributor) only needs to prove one reason for exemption. Please note that you cannot assert both a warranty claim for defects and a product warranty claim simultaneously for the same defect. However, if your product warranty claim is successful, you can assert a warranty claim for defects for the replaced product or the repaired part against ISOPARTNER.
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