Druk-ker Kft.

 

GENERAL TERMS AND CONDITIONS

 

Contractor’s details:

Name: Druk-Ker Nyomdaipari Szolgáltató Korlátolt Felelősségű Társaság Abbreviated name: Druk-Ker Kft.

Company registration number: 01-09-169288

Tax number: 10787425-2-41

EU VAT number: HU10787425

Statistical code: 10787425-1725-113-01

Registered office: 1033 Budapest, Mozaik u. 10.

Business premises: 6200 Kiskőrös, Csokonai M. u. 47.

   6200 Kiskőrös, Izsáki utca 1702/3 hrsz.

Persons authorised to represent the Contractor:

   Péter Markó Managing Director, independently

   János Markó Managing Director, independently

 

 

1. PURPOSE OF THE CONTRACT

 

The purpose of these General Terms and Conditions (hereinafter: the “GTC”) is to enable the Customer, by applying the terms and conditions set out herein, to place orders with the Contractor for the performance of printing services, and for the Contractor / Service Provider / Supplier (hereinafter, under each of these designations, Druk Ker Kft. shall be understood) to provide the Customer with the printing service specified in the relevant order (hereinafter:

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Printing Service) under the terms and conditions set out in the GTC. In the case of individual Orders, the Parties may also agree on terms deviating from the GTC; in the absence of any such deviating provision, the provisions of the GTC shall apply even without any separate stipulation. In the event of any discrepancy, the provisions set out in the individual Order shall prevail primarily, and the provisions of the GTC shall apply secondarily. In matters not regulated by the GTC either, the applicable provisions of the laws in force at the relevant time shall govern.

II. GENERAL TERMS AND CONDITIONS

 

The provisions of these GTC shall apply to all manufacturing, production and sales transactions concluded between Druk-ker Kft. (hereinafter: the “Supplier”) and any “Customer” acting on behalf of any natural or legal person, with whom the Supplier does not have a direct, individually concluded and valid supply agreement in force for the sale of any printed product or service. Any valid deviation from the provisions of these GTC shall only be possible within the framework of an individual agreement concluded between the Supplier and the Customer.

1. Conclusion of the Contract

An individual agreement under these GTC shall be validly concluded between the Parties if the Customer places a written order with the Supplier for the manufacture of a printed product or the provision of a printing service, and the Supplier accepts / confirms the order. By placing the order, the Customer accepts that its performance shall be governed by the provisions of the GTC in force at the time the Contract is concluded.

2. Quote – Order

Based on the Customer’s written enquiry / order, and depending on the technical specifications and quantities set out therein, the Supplier shall provide the Customer with a written Quote for the manufacture / provision of printed products and/or services. If further information is required in order to issue the Quote, the Supplier shall notify the Customer thereof before issuing the Quote. The prices stated in its Quotes are net prices and do not include VAT. The Contractor may also quote prices in euros, based on the MNB exchange rate applicable on the date of the Quote. If, between the MNB exchange rate applicable on the date of the Quote and the MNB exchange rate applicable on the date of communication of acceptance of the final Quote, a price increase of +5% or more has occurred, the Contractor shall be entitled to issue a new Quote and amend its previous Quote. If the Customer does not accept the amended Quote, the Contractor shall be entitled to withdraw its Quote and refrain from performance. (Limitation of the binding effect of the Quote).

The Quote shall remain valid for 30 days; any different period shall be indicated separately by the Supplier. The Supplier shall issue a valid Quote exclusively in writing; a Quote issued electronically shall be valid even without a signature.

The Supplier’s Quote shall include the technical specifications of the product (size, substrate, number of colours, finishing, etc.), the unit price depending on quantity, the price of the tools required for production (printing plates, cutting dies, etc.), or the nature of the service (graphic design, contract printing, rewinding, etc.). The Supplier reserves the right that the parameters set out in the written Quote shall be authoritative, and it is the Customer’s responsibility to check the written parameters of the requested product.

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In the case of roll-fed products, the size stated in the Quote shall be: web direction (mm) x width (mm). By accepting the Quote, the stated size shall also be deemed accepted.

The Supplier draws the Customer’s attention to the fact that, once the artwork is known precisely, the unit price as well as the costs of prepress and plates may be subject to change.

The Quote shall include the delivery terms and the cost of delivery as separate items.

The Customer shall be obliged to confirm the Quote in order to indicate acceptance thereof without amendment. If, in the confirmation, the Customer introduces new terms or modifies the previous ones in any way, the Supplier shall be entitled to issue a new Quote in respect of the entire order. In the absence of a clear and unamended confirmation, no individual contract shall be concluded between the Parties.

Having reviewed the Quote, the Customer shall place a written order with the Supplier for the relevant product and/or service. If the technical / production description of the product included in the order is incomplete or not clearly interpretable, the technical specification detailed in the Quote shall be deemed valid.

The Customer shall clearly indicate the Quote number forming the basis of the order, the name of the product, the quantity ordered, and the Customer’s detailed particulars (delivery / billing address, tax number, bank account number, etc.). By sending its written order to the Supplier, the Customer accepts the technical specifications, unit price, delivery deadline and payment terms stated in the Quote for the product.

In the event of cancellation of the order, the Supplier shall be entitled to invoice the Customer for the costs of any production already commenced and/or any related tools (e.g. clichés, printing plates or cutting dies) or services (e.g. graphic editing). If the Customer withdraws from any of its orders, it shall be obliged to reimburse the Contractor for the proportionate part of the fee and any damage caused, and to take over the products already completed and pay the consideration therefor.

The Customer may place an order exclusively in writing, via the email address indicated in the Quote, addressed either to the Service Provider’s contact person or to the person authorised to represent the Customer. The Service Provider shall be obliged to commence the work only after receipt of the written order.

3. Artwork Preparation

The Customer shall submit the original artwork file which it considers final in terms of content. The Supplier shall process and prepare the file in accordance with the technological requirements of production feasibility and shall then return it to the Customer in PDF format for approval.

Any further amendments or corrections requested to the content of a file already submitted as final shall qualify as graphic editing, the additional costs of which shall be borne by the Customer.

If the Customer is unable to provide a file that complies with the specifications and modification of the file is possible, the Supplier shall charge HUF 8,000 + VAT per 30 minutes for modifications carried out by the Supplier’s graphic designers (for each commenced 30-minute period), which includes one-time modification. For each additional modification, an extra amendment fee of HUF 10,000 + VAT shall be charged in addition to the prepress costs.

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At the Customer’s request, the Supplier may undertake the preparation of creative graphic designs based on the Customer’s manuscript or other concepts. The hourly rate for such creative graphic design work shall be charged to the Customer. The Parties shall agree on this in advance prior to commencement of the work.

At the Customer’s request, the Supplier may undertake to produce a digital proof from the approved PDF, by signing which the Customer accepts the product artwork, colours and all other properties indicated thereon. The cost of producing and dispatching the proof shall be borne by the Customer. In the case of sheet-fed printing: The cost of an A4 digital proof: HUF 2,000 + VAT; in the case of roll-fed labels, the cost of the proof is HUF 7 + VAT / square centimetre. If the Customer has not requested a digital proof, the Supplier shall not accept liability for colour deviations.

The retention period for the “original” artwork files received from the Customer is 2 years. Thereafter, the Supplier shall be entitled to delete the files without separate notice. The print production artwork file prepared by the Supplier for the production of printing plates shall not become the property of the Customer, but may be purchased from the Supplier upon request.

The Service Provider shall accept no liability whatsoever for the visual appearance, content, copyright aspects, compliance, etc. The Service Provider shall not be obliged to examine copyright compliance; the Customer shall bear sole responsibility for the displayed graphics and content and for their compliance with the applicable laws.

4. Production

The Supplier undertakes not to deviate during production from the print substrate specified by the Customer or indicated in the Quote.

The Supplier undertakes that, in the case of the current order and any subsequent repeat order to be fulfilled with unchanged specifications, the product’s colour accuracy, production quality and substrate shall correspond to the properties of the “standard” established during the first production run.

If the one-off cost of the tools used for production (printing plates, clichés, cutting dies, etc.) has been paid by the Customer, the Customer shall be entitled to take possession of them upon request, provided that it has no outstanding invoices. If the one-off cost has been assumed by the Supplier, the Supplier shall retain the right to dispose of them.

The Supplier draws the Customer’s attention to the fact that the printing plates (clichés) and cutting dies used for roll-fed products need to be reordered depending on the period of use, as their quality deteriorates over time. The cost of replacing clichés and cutting dies shall be borne by the Customer. (expected service life: 2 years)

The Supplier shall store tools not actively used (clichés, printing plates, cutting dies, etc.) for a maximum period of 2 years. If, before the expiry of 2 (two) years, the Customer does not take over and/or remove the tools and clichés, or if no agreement is concluded between the Customer and the Supplier regarding the further use of the relevant tool or cliché for production purposes, the Supplier shall be entitled to destroy the tools and clichés after the expiry of the two-year period without any separate notice to or consent from the Customer. The Supplier shall send the Customer the relevant record within 30 days following the destruction. The Supplier shall not be obliged to account to the Customer for the destroyed tools and clichés or for their value, and the Customer shall not be entitled to assert any claim against the Supplier on any legal basis in connection therewith, and expressly waives any such claim.

The Supplier shall specify in the Quote the required parameters of the submitted graphic designs for printing purposes.

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The Supplier shall specify in the Quote the required parameters of the submitted graphic designs for printing purposes. If the Supplier does not receive the graphic designs in accordance with the relevant technical specifications, it shall be obliged to notify the Customer thereof on one occasion. If the Customer nevertheless requests production on the basis of such technically non-compliant graphic designs, the Service Provider shall commence performance, but in such case excludes its liability for any quality or usability defects. The Service Provider shall be entitled to carry out graphic corrections if required by the production technology.

The general conditions for graphic material submission are available to the Customer at https://druk-ker.hu/segitseg/.

The Contractor shall not accept liability for delays caused by any shortage of substrate. Performance with an alternative substrate shall require the Customer’s prior written consent.

It is the Customer’s right and obligation to agree the dimensions with the Service Provider in advance, to disclose the material composition of the graphic works, and to check labelling suitability, quality and appearance, if necessary by means of trial packaging or trial production. Advice and checks relating to further usability shall not form part of the Service Provider’s duties, and all responsibility and risk in this respect shall be borne by the Customer.

5. Delivery

If the undertaking of delivery and the indication of its cost are not stated in the Quote, performance shall not include delivery. In the case of delivery by the Supplier, the Customer shall be obliged to provide the exact delivery address and the key information in advance so that delivery can take place without delay.

If the Customer provides the exact delivery address when requesting the Quote, the Supplier shall propose the most economical delivery solution to the Customer.

Personal collection of the finished product is possible on working days between 08:00 and 16:00 at the Supplier’s Kiskőrös site. (6200 Kiskőrös, Izsáki út 10/B)

6. Quality Complaints

The Supplier shall correct free of charge, or if this is not technically possible, remanufacture and replace at its own cost, any finished product that does not comply with the artwork and packaging approved by the Customer and has not been used. The quantity to be remanufactured shall be equal to the defective quantity returned to the Supplier.

Complaints regarding unsuitable substrate properties (e.g. label adhesion, water resistance or abrasion resistance issues) may be made only if the Customer has carried out prior testing of the substrate using the sample provided by the Supplier and the storage conditions of the finished product were appropriate.

If, when requesting the Quote, the Customer did not indicate any requirements differing from standard requirements for the product (e.g. freezer-grade or removable adhesive, wet environment) and / or no prior substrate testing was carried out, the suitability of the substrate may not be challenged. The Customer may submit a complaint relating to substrate quality to the Supplier in writing within 30 days of receipt of the goods.

Any damage arising from the settings, handling or operating problems of the machines used by the Customer for the machine application of printed products manufactured by the Supplier shall fall within the Customer’s sphere of interest, and therefore the Supplier shall not be liable for such damage.

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If, during production of the product, the Supplier deviates from the substrate approved by the Customer or described in the Quote, and this causes a problem in the intended use, the Supplier shall be obliged to remanufacture and replace the entire ordered quantity.

The Customer may submit a complaint regarding the colour accuracy of the product and / or its graphic quality to the Supplier in writing within 5 working days of receipt of the goods.

The Supplier draws attention to the fact that, especially in the case of premium labels made from creative substrates, particular care must be taken during transport of already labelled bottles / glass bottles to prevent them from knocking against each other.

If the Customer requires special finishing, this must in all cases be indicated in advance. We are unable to accept complaints relating to label surface damage caused by bottles / glass bottles rubbing against or knocking into each other during transport; this is a risk arising within the Customer’s sphere of interest.

For sleeve (shrink sleeve film) products, a deviation of +/-0.5 mm in tube size is possible due to the production technology; the Customer should pay particular attention to this when specifying dimensions. Before producing sleeve labels, the Supplier recommends carrying out a shrink test, preferably in the same tunnel in which application of the finished label will also take place. The cost of the grid cliché required for the shrink test shall be borne by the Customer. If no shrink test is carried out, responsibility for production shall be borne by the Customer.

7. Performance

The Supplier may commence production only after approval of the artwork preview sent to the Customer. If the Customer does not submit the artwork in due time (or submits a non-compliant file), the Supplier reserves the right to amend the deadline. The Supplier shall be obliged to complete handover or delivery of the ordered product by the confirmed (undertaken) deadline. The Customer shall be obliged to take over the product ordered by it and manufactured for it.

The quantity of finished products may, if produced using roll-fed technology, differ from the quantity ordered. Unless otherwise agreed, the Supplier shall be entitled to perform with an excess quantity deviation of 5-10%.

Unless otherwise agreed, the place of handover of the finished goods shall be the Supplier’s site. (6200 Kiskőrös, Izsáki út 10/B, on working days between 8:00 and 15:00.)

Upon receipt of the goods, the Customer or its authorised representative shall inspect the quantity of the goods and the integrity of the packaging, and shall acknowledge the same by signature on the delivery note or invoice issued by the Supplier.

At the Customer’s request, the Supplier shall deliver the finished product to the specified address for a separate fee. In the case of manual handling, a separate fee shall be charged (e.g. carrying goods upstairs).

Upon delivery of the EUR pallet(s) used during transport, the Supplier shall require exchange EUR pallet(s). In the absence of exchange pallets, the pallet shall be invoiced at the current market price of pallets.

The Supplier reserves the right to amend the production deadline in the event of unforeseeable and unavoidable external causes (force majeure), while endeavouring to mitigate any resulting disadvantages to the Customer.

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Force majeure events shall also include unavoidable technical causes delaying or preventing the Supplier’s performance (e.g. power outage, machinery breakdown). Any delay in performance by a third party involved in the Supplier’s supply of substrate and/or tools shall also be treated as an unavoidable external cause. In such case, the Supplier shall notify the Customer of the amended deadline.

8. Payment Terms

The Supplier shall issue an invoice to the Customer upon completion of the ordered printed products or printing service. The Customer shall be obliged to settle the amount of the invoice issued by the Supplier by the payment deadline stated on the invoice. Unless otherwise agreed, the payment term shall be 15 days.

In the case of a new customer / first order, payment may be made on the basis of the Pro Forma Invoice issued by the Supplier, by 100% advance bank transfer. If the net total value of the ordered product exceeds HUF 1 million, payment may be made with a 50% advance bank transfer. Any request in this respect must be communicated during the Quote stage, but no later than upon confirmation of the order. The Supplier shall commence production / performance only after receipt of the advance payment.

In the event of late payment, the Supplier shall be entitled to charge default interest, the rate of which shall be determined pursuant to Section 6:155 of the Hungarian Civil Code. The Supplier reserves the right, in the event of non-payment by the Customer for more than 15 days, to take such lawful measures as it deems appropriate in order to recover the outstanding amount, including the involvement of a third party and / or the initiation of legal proceedings. If the Customer’s delay in payment exceeds 30 days, the Supplier shall be entitled to withdraw from the contract with immediate effect and to terminate or discontinue further performance. Any resulting damage shall be borne by the Customer.

If the Customer is in default with payment of the fee, then, pursuant to Section 3 of Act IX of 2016 on flat-rate recovery costs, it shall be obliged to pay the Contractor, as compensation for the costs related to recovery of its claim, a forint amount corresponding to EUR 40, calculated at the official central foreign exchange rate of the Magyar Nemzeti Bank applicable on the first day of the obligation to pay default interest (hereinafter: flat-rate recovery costs).

In the event of frequent late payment, the Supplier shall be entitled to decide whether to accept or reject the Customer’s further orders, or to refuse to submit a Quote.

The Service Provider shall also accept electronic invoices issued and managed in accordance with the applicable legal requirements at the following email address: penzugy@druk-ker.hu.

III. Data Protection

The Service Provider undertakes, both during the term of this contract and thereafter, to comply with the applicable Hungarian and European Union data protection rules, including in particular, but not limited to, the provisions of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (“Infotv.”), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”).

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The Service Provider shall process personal data relating to the other Party’s employees, contributors and persons assisting performance solely to the extent necessary for the performance of the individual contract. Such data shall be treated confidentially, and access thereto shall be granted only to those employees, contributors and persons assisting performance for whom such access is justified and necessary. Except for the exceptions provided for by law, such data shall not be transferred to third parties, disclosed, or made accessible to them.

The Service Provider undertakes to take all steps necessary for the lawful processing of personal data, including obtaining the appropriate declarations of consent where required. The Service Provider has a GDPR Policy and Privacy Notice, which are available on the website at www.drukker.hu.

1. Force majeure

It shall not constitute a breach of contract if, for reasons not attributable to either contracting Party (impossibility, force majeure), either Party is unable to perform its obligations under the contract. Force majeure shall mean unforeseeable circumstances beyond human control and unavoidable by human means (e.g. war, earthquake, flood, fire, terrorist act, epidemic, etc.) that are independent of the Parties’ will and directly prevent the relevant Party from performing its contractual obligations, including where, for reasons attributable thereto, the Supplier is unable to procure the ordered products from manufacturers or resellers, or is able to do so only with delay.

The contractual deadlines shall be extended by the duration of the force majeure event. If the duration of the force majeure event exceeds 30 days, the Parties shall be obliged to conduct consultations regarding the possible amendment of the contract. If such consultations do not lead to a result within 10 days, either Party may terminate the contract with immediate effect, even if it would not otherwise be entitled to do so under the applicable law or the contract, and the Parties shall without delay settle the termination of the contract in accordance with the rules governing impossibility. In such case, neither Party shall be entitled to assert any claim against the other Party on any legal basis (damages, compensation, loss of profit, etc.), excluding the actual settlement related to restoration of the original state, as well as the taking over of products already completed and payment of the proportionate contractor’s fee.

The contracting Parties shall be obliged to inform each other promptly in writing of any threatened force majeure event, its occurrence and its expected duration. Any damage arising from delayed notification of a threatened or actual force majeure event shall be borne by the Party responsible for the delayed notification.

1. Miscellaneous provisions

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The Customer shall acquire title to the products delivered by the Supplier only upon full payment of the consideration therefor. Following expiry of the payment deadline and until payment of the consideration in full, the Supplier shall be entitled to dispose freely of the delivered products and to repossess them at its discretion, even if the Customer has already transferred them to a third party.

Pursuant to Section 6:216 of the Hungarian Civil Code, with due regard also to Section 6:247 (5), the Service Provider shall retain title to the products manufactured by it until the full amount of the contractor’s fee has been paid, that is, title to the products manufactured by the Service Provider shall pass to the Customer only upon payment in full of the contractor’s fee.

To secure the contractor’s fee and costs, the Contractor shall have a lien over the Customer’s assets that have come into its possession as a consequence of the contract for services.

The Supplier reserves the right, at its discretion (or due to the occurrence of a force majeure event), to outsource the production processes related to the performance of orders, in whole or in part, to a third-party contributor.

Customer relationship staff acting on behalf of the Supplier shall be entitled, in any matter, to decide / act independently during communication with the Customer in accordance with the provisions of the GTC.

In matters not regulated by these GTC, Hungarian law, in particular the provisions of the Hungarian Civil Code, shall apply.

The contracting Parties agree that, simultaneously with full payment of the contractor’s fee, the full economic copyright in the graphic and design work carried out by the Contractor shall, unless otherwise agreed, pass to the Customer without territorial or time limitation, and accordingly the Customer shall in particular, but not exclusively, be entitled to the rights of adaptation and distribution.

The Contractor shall not be obliged to examine the supplied content and graphics from a copyright perspective; the Customer shall be liable for any infringement and claim for damages arising in connection therewith. If the Customer requests a service that is well known or deceptively similar, the Contractor shall be entitled to request proof of lawful copyright use and, in the absence thereof, to refuse performance if the infringement is obvious or probable. Compliance with legal and copyright requirements in respect of the content required and supplied for the order shall be exclusively the Customer’s right and obligation.

The Parties agree that all facts, data and information concerning the other Party, its business relations, business partners and financial position that come to their knowledge during performance of this contract shall constitute business secrets, which the Parties shall be obliged to keep confidential for an unlimited period even after termination of the contract.

The Service Provider may unilaterally amend the GTC for the future. The amendments shall apply to individual contracts concluded after the date following publication.

Individual contracts may be amended only in writing and by mutual agreement. The Parties exclude the possibility of contract amendment by implied conduct.

These GTC shall be deemed to have been validly published if they appear on the Supplier’s website (www.druk-ker.hu). Access to the GTC (link) is also included in the Quote sent to the Customer.

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ker.hu). Access to the GTC (link) is also included in the Quote sent to the Customer.

These GTC shall enter into force following their publication, and their provisions shall remain valid until revoked or amended. In the event of any amendment to the GTC, the Parties shall be obliged to proceed in accordance with the GTC in force at the time of acceptance of the Quote.

 

Budapest, 01.09.2025

 

 

Péter Markó

Managing Director

Druk-ker Kft.