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General Terms and Conditions

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Pilkington AGR Hungary Automotive Glass Wholesale Limited Liability Company

(1239 Budapest, Ócsai street 4.)

1. Introductory Provisions

1.1. Concepts

The words and expressions used in the General Terms and Conditions (hereinafter referred to as: GTC) and in the contract shall be interpreted in accordance with the definitions set out in the following paragraphs.

  • Client: the party entering into a contract for the repair of passenger vehicle glass, being a natural or legal person who qualifies as the operator or owner of the vehicle with regard to the glass repair.
  • Contract: an agreement between Pilkington AGR Hungary Car Glass Wholesale Limited Liability Company and the Customer, pursuant to which Pilkington AGR Hungary Car Glass Wholesale Limited Liability Company undertakes to provide a specific product and/or service, while the Customer is obliged to pay remuneration.
  • Supplier: a business enterprise in a contractual relationship with Pilkington AGR Hungary Kft., which provides tangible assets in exchange for the service provided by Pilkington AGR Hungary Kft. to the Customer.
  • Parties: collectively, Pilkington AGR Hungary Kft. and the Client
  • Insurer: an organization authorized to carry out insurance activities.
  • Deductible: from the point of view of an insurance relationship, the deductible is the part of the amount of the damage that the insured assumes.
  • Invoice: a document issued as proof of contractual performance.

1.2. The Scope of the GTC

These General Terms and Conditions (GTC) come into force on March 20, 2023 and are valid until revoked.

The contractual relationship between the Parties is always governed by the provisions of the GTC that are in force at the time of conclusion of the Contract.

These General Terms and Conditions (GTC) apply to all Contracts entered into by the Customer with Pilkington AGR Hungary Automotive Glass Wholesale Limited Liability Company after the entry into force of these GTC. The Contract and the GTC are valid together and the provisions of both agreements shall apply jointly to the contractual relationship between the Parties.

1.3. Application of the GTC

The provisions of these General Terms and Conditions (GTC) shall apply generally, comprehensively, and mandatorily to all contractual relationships concluded by Pilkington AGR Hungary Ltd. with the Client, except for those conditions explicitly stipulated otherwise in the Contract.

In the event of any conflict between the Contract and the General Terms and Conditions (GTC), the provisions of the Contract shall prevail.

1.4. Applicable Law, Jurisdiction, Competence, Venue

The legal relationship between the Parties shall be governed by Hungarian law.

The provisions of the Civil Code and other applicable Hungarian laws shall govern the GTC and any issues not regulated by these GTC and/or the Contract.

2. Subject and Content of the Contract

2.1. The contract between Pilkington AGR Hungary Ltd. and the Client is concluded through the mutual and concordant expression of the Parties’ intent.

2.2. The order submitted by the Client — which qualifies as an offer to contract — is communicated to Pilkington AGR Hungary Ltd. either in person or electronically. In response, Pilkington AGR Hungary Ltd. confirms receipt of the Client’s order.

The Client’s offer to conclude a contract, whether communicated in person or electronically, shall be deemed to be a legal statement clearly expressing the intention to conclude a Contract. The Client shall be bound by this offer until Pilkington AGR Hungary Kft. has communicated to the Client its response containing the final terms of the contract, including in particular the price.

Pilkington AGR Hungary Ltd. undertakes to communicate the final terms of the contract to the Client within 30 days from the date of receipt of the order submitted by the Client, which qualifies as an offer to contract.

2.3. Pilkington AGR Hungary Ltd. shall communicate its response containing the final terms of the contract, as detailed in section 2.2, to the Client electronically.

Pilkington AGR Hungary Ltd. shall keep its offer containing the final terms of the contract, as detailed in section 2.2, valid for 15 days from the date of communication.

2.4. The contract between the Parties is concluded upon the Client’s acceptance of the final terms of the contract specified by Pilkington AGR Hungary Ltd.

A declaration of acceptance by the Client shall be considered as:

  • The Customer’s verbal acceptance of the final contractual terms and conditions specified by Pilkington AGR Hungary Ltd. shall constitute a declaration of acceptance.
  • The Client’s written acceptance of the final contractual terms defined by Pilkington AGR Hungary Ltd. shall be considered a declaration of acceptance.
  • The Client’s acceptance of the final contractual terms defined by Pilkington AGR Hungary Ltd. through implied conduct shall be considered a declaration of acceptance.

The Parties expressly agree that the place of conclusion of the final contract shall be the registered office of Pilkington AGR Hungary Ltd. at the time of contracting.

The Parties expressly agree that the place of performance of the Contract shall be the current registered office, site, or branch office of Pilkington AGR Hungary Ltd.

2.5. Pilkington AGR Hungary Ltd. shall accept the Client’s cancellation of the order only until such time as Pilkington AGR Hungary Ltd.’s contracted supplier partner accepts the cancellation without any legal consequences.

If Pilkington AGR Hungary Ltd.’s contracted supplier partner raises any claim against Pilkington AGR Hungary Ltd. as a result of the cancellation of the relevant order, Pilkington AGR Hungary Ltd. shall be entitled to pass such claim on to the Client.

The Client expressly undertakes to:

  • if the cancellation of the order is not accepted by the supplier and the ordered goods are therefore delivered to Pilkington AGR Hungary Ltd., the Client shall be obliged to pay the consideration for the delivered goods.
  • If Pilkington AGR Hungary Kft. is unable to perform the relevant work due to the Client’s fault, the Client is still obliged to pay Pilkington AGR Hungary Kft. the price of the products ordered from the supplier.

2.6. During the performance of the contract, the deadlines communicated by Pilkington AGR Hungary Ltd. are for informational purposes only. The Client shall not make any claims or demand compensation due to Pilkington AGR Hungary Ltd.’s failure to meet the communicated deadlines.

The Client acknowledges that the performance by Pilkington AGR Hungary Ltd. depends on the availability of the product necessary for the fulfillment of the given Contract, which is contingent upon Pilkington AGR Hungary Ltd.’s inventory and the delivery time of the product by the supplier with whom Pilkington AGR Hungary Ltd. has a contractual relationship.

3. Remuneration

3.1. With regard to contracts concluded with Pilkington AGR Hungary Ltd., the fee payable to Pilkington AGR Hungary Ltd. is included in the response containing the final terms of the contract as detailed in section 2.2.

3.2. Pilkington AGR Hungary Ltd. shall be entitled to unilaterally increase the fee accepted by the Client as described in section 3.1, in the event of a cost increase occurring after the conclusion of the contract.

4. Payment Terms

4.1. Pilkington AGR Hungary Ltd. shall issue an invoice for the proper performance of the contract as follows:

  • In the case of payment in cash, Pilkington AGR Hungary Ltd. shall issue the invoice simultaneously with the provision of the service.
  • If the service payment is made through insurance claims settlement, Pilkington AGR Hungary Ltd. shall issue the invoice after the claims settlement is completed.

4.2. If the Client has any objection regarding the issued invoice, they are obliged to notify Pilkington AGR Hungary Ltd. in writing within 5 working days. If Pilkington AGR Hungary Ltd. considers the Client’s objection justified, it shall issue a corrective invoice.

If the objection does not concern the amount of the payment obligation stated on the invoice, the Client shall not be entitled to withhold payment.

4.3. If Pilkington AGR Hungary Ltd. does not issue the invoice simultaneously with the provision of the service, it shall communicate the invoice to the Client electronically.

4.4. Pilkington AGR Hungary Ltd. shall have the right to decide which Clients are granted the option of deferred payment by bank transfer.

4.5. If the Client or the person registered as the owner of the vehicle is subject to Value Added Tax (VAT), the VAT amount included in the invoice issued by Pilkington AGR Hungary Ltd. must be paid by the Client at the time the work is performed by Pilkington AGR Hungary Ltd.

4.6. If the Client fails to fulfill their payment obligation by the due date specified in the invoice, Pilkington AGR Hungary Ltd. shall charge default interest in accordance with the provisions of the Civil Code (Ptk.), taking into account the specific rules on the interest payment obligations of businesses.

5. Specific Provisions Regarding Insurance Administration

5.1. If the product or service ordered by the Client is related to the occurrence of an insurance event, by concluding the relevant contract, the Client authorizes Pilkington AGR Hungary Ltd. to act on their behalf with full authority in matters related to the insurance event (claim) with the Client’s insurer for the purpose of claims settlement. This authorization extends to the Client’s representation during the damage assessment and claims settlement process.

By concluding the contract, the Client authorizes Pilkington AGR Hungary Ltd. to make legal declarations on behalf of and in the interest of the Client during the claims settlement process regarding the vehicle glass damage in question.

5.2. The Client consents to the insurer providing all services related to the insurance event and the restoration of the vehicle directly to Pilkington AGR Hungary Ltd., and authorizes Pilkington AGR Hungary Ltd. to receive, on behalf of and as a representative of the Client, the amount of the services to be provided by the insurer.

5.3. By concluding the contract, the Client agrees that:

  • 5.3. By entering into the Agreement, the Client expressly consents that:
  • – if the relevant vehicle is subject to bank financing and is encumbered by a lien or a prohibition on disposal, Pilkington AGR Hungary Ltd. is authorized to act with full powers on behalf of and in the name of the Client in handling the payment authorization process with the financing financial institution indicated in the vehicle registration document;
  • – furthermore, the Client explicitly declares that it releases the aforementioned financial institution from its obligation to maintain banking secrecy pursuant to Section 160 (1) of Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises, with respect to the data necessary for the administration of the present matter, solely towards Pilkington AGR Hungary Ltd.
  • releases the insurer from its obligation to maintain insurance secrecy with respect to all data considered insurance secrets pursuant to point 12 of paragraph (1) of Section 4 of Act LXXXVIII of 2014 on Insurance and Insurance Activities (Bit.), which are necessary for the claims settlement process.

5.4. The Client expressly agrees that if, for any reason, the bank refuses to issue the payment authorization, or if the insurer, for any reason, partially or entirely refuses to reimburse the repair work, or if for any other reason the relevant work is not reimbursed to Pilkington AGR Hungary Kft., then the Client shall settle the contractually agreed remuneration for the completed work – or, in the absence thereof, the amount calculated by AUDATEX/EUROTAX/DAT or another service provider – to Pilkington AGR Hungary Kft. within 5 working days from the receipt of Pilkington AGR Hungary Kft.’s corresponding payment request. The Client is not entitled to set off any claim they may have – whether against Pilkington AGR Hungary Kft., the bank (financing institution), or the insurer – against this payment obligation, nor may they raise any objection arising from the aforementioned legal relationships as grounds to refuse payment.

5.5. Pilkington AGR Hungary Kft. is bound by the results of the damage assessment carried out by the insurer. If the Client has any objections in this regard, they are obliged to raise such objections directly with the insurer.

The Client agrees that any objections arising in relation to the insurer shall not affect their payment obligation towards Pilkington AGR Hungary Kft. The Client may not assert any set-off against the payment obligation on any legal grounds.

.6. The Client expressly agrees that if the insurer pays the service amount directly to the Client, the Client is obligated to transfer the received amount to Pilkington AGR Hungary Kft. as compensation for the service within 5 working days.

5.7. If the bank or the insurer questions the authority of Pilkington AGR Hungary Kft. to act on behalf of the Client, the Client shall, upon request by Pilkington AGR Hungary Kft., issue a separate written authorization empowering Pilkington AGR Hungary Kft. to act on their behalf during the administration process.

Pilkington AGR Hungary Kft. shall not be held liable to the Client for any damages suffered by the Client or arising therefrom due to the Client’s failure to provide the necessary authorization(s).

5.8. In the case of the Client’s comprehensive motor vehicle insurance, it may occur that, despite the insurance coverage, the Client is required to pay the initial portion of the damage (the “deductible”) themselves.

The amount of the deductible is determined by the insurance policy.

The Client expressly undertakes the obligation to pay the deductible as described in this section.

6. Group insurance

6.1. Pilkington AGR Hungary Kft. is entitled to take out accident insurance or other types of insurance for the benefit of the Client or any other person relevant to the contract in relation to the passenger vehicle (group insurance).

The Client acknowledges that the contract concluded with Pilkington AGR Hungary Kft. does not entitle them to group insurance benefits.

Pilkington AGR Hungary Kft. shall have the exclusive right to decide on the establishment of the group insurance relationship, as well as on the content and conditions of such relationship.

6.2. If Pilkington AGR Hungary Kft. has taken out group insurance as specified in section 6.1, then in the event of an insured event, the insurer shall provide a specified benefit to the insured (e.g., the person driving the vehicle) or another beneficiary.

6.3. Pilkington AGR Hungary Kft. shall not cooperate with either the insurer or the insured in enforcing any claims arising during the course of the group insurance relationship.

If the insured or the beneficiary wishes to make an insurance claim, the insured or the beneficiary is obligated to handle the administration of the claim themselves.

7. Guarantee, Warranty

7.1. The products sold by Pilkington AGR Hungary Kft. and the services provided by it are subject to the warranty provisions set out in the Civil Code, the warranty regulations of Government Decree 151/2003 (IX. 22.) on mandatory warranty for certain durable consumer goods, as well as the warranty conditions provided by the manufacturers.

7.2. If the Client wishes to assert a warranty or liability for defects claim against Pilkington AGR Hungary Kft., the Client may enforce their warranty or liability for defects claim at the registered office or business premises of Pilkington AGR Hungary Kft., or at the authorized service center specified on the warranty certificate.

8. Miscellaneous Provisions

8.1. The terms for the processing of personal data collected by Pilkington AGR Hungary Kft. are provided in the privacy notice available on the Pilkington AGR Hungary Kft. website (https://pilkington.hu/kapcsolat/adatvedelem).

8.2. These General Terms and Conditions are made continuously available by Pilkington AGR Hungary Kft. electronically on the website https://pilkington.hu/.

8.3. In the event of a legal dispute arising between the parties in relation to the contractual relationship established between them, the parties agree to submit to the exclusive jurisdiction of the court at the registered office of Pilkington AGR Hungary Kft. (currently: Budapest District Courts of the XX, XXI, and XXIII Districts).

8.4. The Client acknowledges that the AUTÓÜVEG CENTRUM PILKINGTON trademark and logo are registered trademarks, and the exclusive rights to them belong to Pilkington AGR Hungary Kft.

8.5. The provisions of Hungarian law apply to these contractual terms, and with respect to the legal relationship between the parties, Hungarian courts and other authorities competent within the territory of Hungary have jurisdiction. The language of any proceedings between the parties shall be Hungarian.

9. Final Provisions

9.1. By entering into the contract, the Client declares and acknowledges that they have fully reviewed the above General Terms and Conditions, agree with them in their entirety, accept them, and recognize them as binding upon themselves.

9.2. The Parties declare that they have the legal capacity and authority required to accept the Contract and the GTC. The Parties undertake to notify the other party of any changes to these terms within three working days.

9.3. If any part of the GTC is found to be legally or professionally invalid, or unenforceable, or becomes so, this will not affect the validity of the remaining provisions of the GTC. In such cases, the Parties are obligated to accept valid provisions that align with their original contractual intent and the remaining provisions of the GTC, through an amendment of the GTC. The same applies in the event that an interpretative or regulatory gap is discovered during the performance of the Contract.

9.4. The Parties shall primarily resolve disputed legal and professional issues amicably.