177x Filetype DOCX File size 0.10 MB Source: molgroup.info
GENERAL CONTRACTUAL TERMS AND CONDITIONS FOR SERVICE PROCUREMENT The present General Contractual Terms and Conditions for Service Procurement (hereinafter: “GCTCSP”) together with the Purchase Order accepted comprises the Contract for the supply of Services/goods specified in the Purchase Order. For issues not regulated in other documentation of the Contract, the terms of GCTCSP will govern. Should any discrepancy occur between any contractual conditions laid down in the Purchase Order or in the GCTCSP, conditions of the Purchase Order will prevail. These GCTCSP are issued by MOL Hungarian Oil and Gas Public Limited Company (1117 Budapest, Október huszonharmadika u. 18.) mail address: 1117 Budapest Október 23. u. 18. tax reg. number: 10625790-2-44 Account keeping bank: ING Bank N. V. Magyarországi Fióktelepe bank account number (HUF): 13700016-01015021 bank account number (EUR): 13789017-01015100 bank account number (USD): 13701017-01015100 company registration court and register number of the company: Fővárosi Törvényszék Cégbírósága 01-10-041683 Bill-to address: MOL Magyarország Pénzügyi Szolgáltató Kft. Százhalombatta, Pf. 31. Statistical code: 12342659-5829-113-01 1. DEFINITIONS: „Parties”: shall mean Customer and Contractor collectively. „Purchase Order”: shall mean the written statement of the Customer for the execution of the specified Service accepted by the Contractor with unchanged conditions or with modified content approved by the Customer beforehand, such record generates the Contract between the Parties. „Customer”: shall mean MOL Plc., which is entitled to send a written request to the Contractor expressing its contractual intention for the execution of the Service. „MOL Group”: shall mean MOL Plc and those companies wherein on supreme body MOL Plc, directly or indirectly, bears more than 50 % of votes or where MOL Plc, directly or indirectly, exercises majority ownership or 1 / 30 otherwise controlling rights based on a contract concluded with the other owner(s). „Contract”: shall mean Purchase order approved by the Parties with agreed technical content, and with its annexes and with the actual General Terms and Conditions „Service”: shall mean The subject of the Contract, the task or Service to be executed specified by the Purchase Order „Certificate of accomplishment”: shall mean the Document acknowledging the performance of the Services signed by the authorised representatives of the both Parties. „Contractor”: shall mean the Service Provider, which will undertake to perform the Service with the acceptance of the Purchase order in full compliance with the specifications of the Purchase Order „Contractor’s fee”: shall mean the counter value of the performed Services in the specified currency and the fixed amount recorded in the Purchase Order. The Contractor’s fee includes the detailed and fixed amounts (costs) in the Purchase Order. If it is not specified otherwise in the PO, the Contractor fee includes all additional and transaction costs. The taxes (eg. VAT) and other Duties Chargeable (claimable) as taxes, if any shall be listed separately. 2. METHODOLOGY FOR DETERMINING THE PURCHASE PRICE 2.1 Contractor shall apply the same pricing principles, rules and methodology when setting the fee of the Services ordered under the scope of the present GCTCSP Contractor shall set the Contractor’s fee in HUF/EUR/USD. 2.2 Upon Customer’s request Contractor shall submit the pricing method in written form with deatiled technical specification in order that the Customer can check the requirements under section 2.1. The pricing method must contain the following information: Contractor’s fee (Net + VAT) Other miscellanious expenses, preferable listed, Net + VAT amount 3. ACCEPTANCE OF PURCHASE ORDER 3.1 Contractor shall accept the Purchase Order or the modified version of the same by sending back the duly signed copy by Contractor’s representatives by post or in electronic (scanned) form within 5 days upon reception or within the period defined by the Customer. Should the Contractor fail to confirm the Purchase Order within the time period specified above Customer is entitled to reject the performance without compensation. 2 / 30 3.2 Customer excludes its liability with regard to placement or modification of any Purchase Order for the Goods which does not originate from its authorized representative. 3.3 Parties also consider the Purchase Order and the GCTCSP accepted if the Contractor does not confirm the Purchase Order within the period of time specified above (in Clause 3.1), but it perfroms the Service specified in the Purchase Order. 3.4 The Purchase Order must contain at least the following information: Number and date of Purchase Order Most important information of Parties (Name and contact information of Contractor, name of Customer, name and contact information of the administrator establishing Purchase Order.) Name and amount of Service Place of performance Deadline of performance Contractor’s fee (Net + VAT) Contact name of bill-to address Invoicing address, if it differs from Customer 3.5 Purchase orders and confirmations sent in electronic form (via e-mail) are also governed by section 15.4 4. DATA REPORT OBLIGATION OF THE PARTIES RELATED TO ROAD TRANSPORTATION IN HUNGARY In case Materials/ Equipment/ Accessories used for performing the Services ordered by MOL Group member will be transported on road, the transportation can be subject to EKAER registration obligation based on the laws of Hungary (CXII of 2003 on the Law of Taxation). The present article constitutes the data report obligation of the Parties related to road transportation in order to fully comply with the legislative regulation 4.1 Obligations of Supplier In case of Deliveries from Abroad: 4.1.1 Regarding every Purchase order/ Call-off received from MOL Group member, Supplier shall confirm the estimated dispatch date of the delivery within 10 working days. 4.1.2. In case of deliveries that might be subject to EKAER obligation, Supplier shall notify MOL Group member about the delivery and provide MOL Group member with all the necessary data required for the inquiry of an EKAER number. The data shall be provided by filling in the EKAER Data Sheet (Appendix 3) properly and sending it to MOL Group member to the ekaer@mol.hu e-mail address at least 10 working days before the delivery. If the data specified in point 4.1.6. are not available for Supplier by the above deadline, they can be provided later, but no later than the start of the delivery by sending it to the ekaer@mol.hu e-mail address. 4.1.3. In case there are less than 10 working days between receiving the Purchase order/ Call-off and the date of the delivery, Supplier shall make every effort to provide MOL Group member with the data specified in the EKAER Data Sheet as soon as they are 3 / 30 available for Supplier but no later than the start of the delivery in order to comply with the legislative regulations. 4.1.4. Parties agree that the completely filled in EKAER data sheet is a prerequisite of applying for an EKAER number. In case a vehicle, the delivery of which is subject to EKAER obligation, enters into the territory of Hungary without a valid EKAER number, Supplier shall undertake all the legal consequences deriving from this default. 4.1.5 Supplier shall attach the filled in EKAER data sheet with the EKAER number indicated thereon to the transport documentation. Parties agree that the transportation shall begin exclusively upon the condition that the EKAER data sheet with the EKAER number is attached to the transport documentation and the EKAER number is made available during the time of the whole transportation for tax control purposes. 4.1.6 The following data can be modified even after dispatch: a) Registration number (License plate number) of the vehicle b) Gross weight of the Products/ Assets/ materials in kg c) Total value of the Products/ Assets/ materials (with regard to changes in the original amount) In case of any changes in the above listed data, Supplier is obliged to notify MOL Group member immediately by sending an e-mail to ekaer@mol.hu containing the EKAER number, the number of the Purchase Order and the modified data. 4.1.7 In case of any other changes of the original data, a new EKAER number is required for the transportation. Therefore, Supplier is obliged to notify MOL Group member immediately about the modifications by sending the relevant information – including the original EKAER number and the number of the Purchase Order – to the ekaer@mol.hu e-mail address. With respect to point 4.1.7. Supplier is liable to provide the new EKAER number received from MOL Group Member to the driver of the vehicle subject to EKAER obligation with an immediate effect. 4.1.8 Should Supplier begin the transportation without having the valid EKAER number on or attached to the transport documentation, or fail to notify MOL Group member immediately in case of any changes in the data defined in point 4.1.6 and 4.1.7., and this shall cause any damages to MOL Group member, Supplier shall reimburse such damages to MOL Group member. 4.2 In case Supplier transports Products/ Assets/ materials to MOL Group member from its business site located in Hungary or from abroad using its Hungarian VAT registration number or Tax number: 4.2.1 In case Supplier transports Products/ Assets/ materials from its own business site located in Hungary, or supplies goods from its Hungarian VAT number to MOL Group member, Supplier is obliged to consider the EKAER liability and apply for an EKAER number by submitting the data defined in the EKAER data sheet to the Hungarian Tax Authority via its online system available on the following website: https://www.ekaer.nav.gov.hu/customers/login. 4 / 30
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