General Terms and Conditions

1. General provisions

1.1. These General Terms and Conditions (hereinafter: GTC) set out the conditions of the engineering services provided by Bellai Mérnökiroda Kft. (registered office: 7630 Pécs, Vendég utca 10., Hungary; company registration number: 02-09-084986; tax number: 27900855-2-02; email: info@bmiroda.hu; phone: +36-30/210-10-74; hereinafter: Service Provider) and of the use of the bmiroda.hu website (hereinafter: Website).

1.2. The GTC apply to every legal relationship established between the Service Provider and any natural or legal person or other organisation using its services (hereinafter: Client).

1.3. If an individual written contract between the parties provides otherwise than the GTC, the provisions of the individual contract prevail. In matters not regulated in the individual contract, the GTC apply and, failing that, the provisions of Act V of 2013 on the Civil Code (Ptk.).

1.4. The GTC were drawn up in Hungarian; the language of the contracts is Hungarian.

2. Role of the Website

2.1. The Website is for information purposes: it presents the Service Provider’s activities, references and contact details. It is not possible to make purchases or conclude contracts online via the Website.

2.2. The information on the Website does not constitute an offer; the Service Provider makes offers only in writing, on the basis of an individual enquiry.

2.3. The Service Provider endeavours to compile the content of the Website with care, but accepts no liability for inaccuracies resulting from subsequent changes to the informative content, or for the temporary unavailability of the Website.

3. Services

The Service Provider provides in particular the following services:

• construction technical supervision;
• responsible site management;
• technical consultancy and engineering decision preparation;
• building expert services, condition recording, damage assessment (including “vis maior” damage assessment and documentation for municipalities).

The exact content, scope and deadline of the services are in every case laid down in the individual quotation or in the contract between the parties. The Service Provider carries out its activities within the framework of the applicable legislation and its chamber authorisations.

4. Requesting a quote and concluding a contract

4.1. The Client may request a quote via the contact form on the Website, by email or by phone.

4.2. On the basis of the request – after a site visit or a review of the documentation, if necessary – the Service Provider issues a written quotation. The quotation is valid for the period indicated in it or, failing that, for 30 days.

4.3. The contract is concluded when the Client accepts the quotation in writing (by email), or by a written agency or works contract signed by the parties.

4.4. A contract concluded solely through an exchange of emails does not qualify as a contract put in writing; the Service Provider does not file it separately, but retains the correspondence until the contract has been performed and within the limitation period.

5. Fees and payment terms

5.1. The fee for the service is set out in the accepted quotation or in the contract. Unless indicated otherwise, fees are net amounts, to which value added tax at the rate in force must be added.

5.2. The Service Provider invoices the fee according to the schedule set out in the contract (in a lump sum, per partial performance or as a monthly flat fee). Unless agreed otherwise, invoices are payable by bank transfer within 8 days of issue.

5.3. In the event of late payment, the Service Provider may charge default interest under the Civil Code and, in contracts between businesses, also the flat-rate recovery cost.

5.4. Fees for additional work not included in the contract and requested later by the Client are agreed separately by the parties.

6. Obligations of the parties

6.1. The Service Provider performs the service with the care generally expected in the given situation, in accordance with the applicable legislation, standards and professional rules.

6.2. The Client must provide the information and documents necessary for performance (e.g. design documentation, permits, contracts) completely and in good time, ensure access to the site and cooperate with the Service Provider.

6.3. The Service Provider is not liable for defects and delays attributable to incomplete or incorrect data provided by the Client, to the Client’s omission, or to the conduct of third parties (e.g. contractor, designer).

7. Liability

7.1. The Service Provider is liable for damage caused by breach of contract in accordance with the rules of the Civil Code.

7.2. In contracts between businesses – to the extent permitted by law – the Service Provider’s liability for damages is limited to the net fee under the given contract; this limitation does not apply to breaches of contract committed intentionally or with gross negligence, or causing harm to life, physical integrity or health.

7.3. The Service Provider is not liable for delay or non-performance due to vis maior (an unavoidable external cause).

8. Copyright and confidentiality

8.1. Documents prepared by the Service Provider (expert opinions, reports, surveys) may be protected by copyright. The Client may use them for the purpose of the contract after paying the fee; any other use requires the Service Provider’s consent.

8.2. The parties must keep confidential any business secrets and confidential information that come to their knowledge during the performance of the contract, unless disclosure is required by law or by an authority.

8.3. The Service Provider may list completed work as a reference – without disclosing business secrets or personal data – unless the Client expressly prohibits this.

9. Provisions applicable to Clients who are consumers

9.1. A consumer is a natural person acting outside the scope of their profession, independent occupation or business activity.

9.2. If the contract is concluded at a distance (e.g. solely by email or phone) or off-premises, under Government Decree 45/2014. (II. 26.) the consumer has the right to withdraw from or terminate the contract without giving reasons within 14 days of its conclusion. The intention to withdraw can be communicated by an unequivocal statement sent to info@bmiroda.hu or to the address of the registered office.

9.3. If, at the consumer’s express request, the Service Provider begins performance before the withdrawal period expires, the consumer must pay a fee proportionate to the service performed up to the communication of the termination. After the service has been fully performed, the consumer’s right of termination ceases if performance began with the consumer’s express prior consent and the consumer acknowledged that they would lose the right of termination once the contract had been performed.

10. Complaints and legal remedies

10.1. The Client may send complaints in writing to info@bmiroda.hu or by post to 7630 Pécs, Vendég utca 10., Hungary. The Service Provider examines written complaints on their merits and replies in writing within 30 days.

10.2. In a consumer dispute, the consumer may turn to the conciliation board competent for their place of residence or stay. The board competent for the Service Provider’s registered office: Baranya County Conciliation Board (Baranya Vármegyei Békéltető Testület), 7625 Pécs, Majorossy Imre u. 36., email: info@baranyabekeltetes.hu.

10.3. The consumer may also submit a complaint to the consumer protection authority competent for their place of residence (county government office).

10.4. In matters of professional ethics, the Baranya County Chamber of Engineers (7624 Pécs, Boszorkány út 2.) may also be contacted.

11. Final provisions

11.1. The Service Provider is entitled to amend the GTC unilaterally; amendments take effect upon publication on the Website and do not affect contracts already concluded.

11.2. In matters not regulated in these GTC, Hungarian law applies, in particular the Civil Code, Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses, and Act CVIII of 2001 on electronic commerce services.

11.3. The parties shall settle disputes primarily by negotiation. If this is unsuccessful – in disputes between businesses – the competent court having jurisdiction for the Service Provider’s registered office shall proceed.