GENERAL TERMS AND CONDITIONS – Sunelements Ltd.

I. Definitions

For the purposes of these General Terms and Conditions, the following terms shall have the meanings set out below:

a. GTC: these General Terms and Conditions, prepared by the Contractor pursuant to Sections 6:77–6:80 of Act V of 2013 on the Civil Code of Hungary (“Civil Code”) (publicly available at www.net.jogtar.hu).

b. Contract: the agreement concluded between the Contractor and the Contracting Party on the basis of these GTC, consisting of the individual contract and these GTC, which may relate either to site assessment or to implementation (execution).

c. Individual Contract: the document prepared using the template forming Annex No. 1 to these GTC, which defines the content of the Contract together with other documents related to the GTC, and whose signature (acceptance) by the Parties establishes the contractual relationship.

d. Contract for Assessment: a contract concluded under these GTC on the basis of the data provided and the consent given on the website (order subject to payment obligation, hereinafter: Order), under which the Contracting Party orders a paid service exclusively for on-site assessment (assessment of feasibility conditions).

e. Implementation: the installation and commissioning at the place of execution of the assets forming the indirect subject of the contract and undertaken by the Company, provided that connection to the electrical grid (the property’s internal network and/or the network of the licensed network operator) shall only form part of the contract if expressly agreed by the Parties.

Standardisation of electricity meters and the modification of the property’s electrical system to accommodate the solar system shall only be the obligation of the Company if expressly agreed by the Parties.

Other specialist construction works are included in the individual contract only if explicitly agreed.

In the case of heat pump installations, connection to the mechanical system shall only form part of the contract if expressly agreed by the Parties.

f. Contracting Party: the other party entering into a contract with the Company.

g. Company / Kft.: the Contractor, i.e., SUN Elements Limited Liability Company (company details: registered before the Metropolitan Court of Budapest, Company Registry No. Cg.01-09-407862; registered seat: 1042 Budapest, József Attila utca 52. Fsz. 2.; branch office: 2191 Bag, parcel no. 3003/84.; represented individually by managing directors Csaba Hajnal and Szimóna Hajnal; tax number: 23439988-2-41).

The website contains the designated contact details for communication.

h. Contributor / Subcontractor: persons as defined in Section 6:129 of the Civil Code.

i. Website: www.sunelements.hu

j. Applicable Legislation (in particular): Act V of 2013 (Civil Code), and where applicable to the relevant contract: Act CLV of 1997 on Consumer Protection, Government Decree 45/2014 (II. 26.), and legislation applicable to the subject of the contract.

k. Detailed rules for contracts between consumers and businesses (the sentence appears cut in the source; if more text follows, I will translate it once you send it).

II. Application of the General Terms and Conditions (GTC)

These General Terms and Conditions (hereinafter: GTC) form an inseparable part of all contracts concluded by the Company for the assessment or implementation of the products specified on the Website.
The GTC and its provisions qualify as contractual terms, the knowledge, detailed review, and acceptance of which (except where the Individual Contract provides otherwise) the Contracting Party acknowledges by placing the Order or signing the Individual Contract.
If a contractual relationship between the Parties is established solely for assessment (and not for implementation), the rules concerning the Individual Contract shall not apply, except where the relevant provision applies equally to both cases based on its content. An Order for assessment does not constitute an Individual Contract for implementation.
The Parties’ entire contractual intent is contained in the Order and/or the Individual Contract, the GTC, and any other annexes designated at the time of contract conclusion (together: the Contract). The Order may not contradict the GTC (in such case, the provisions of the GTC shall prevail).
Upon the conclusion of the Contract, all previous verbal or written agreements, data disclosures, and all related contractual practices and conditions between the Parties shall become null and void.
If there is any conflict between a provision of the GTC and a provision of the Contract concerning the same subject matter, the individually agreed provision of the Contract shall prevail. If no contradiction exists, but the Individual Contract supplements the relevant GTC provision (without excluding its application), then both documents shall apply jointly.
The contents of these GTC were made available to the Contracting Party by the Company on the Website without any restriction prior to placing the Order or signing the Individual Contract.
By placing the Order or signing the Individual Contract, the Contracting Party must declare—on the Website or within the Individual Contract—that they have read, understood, and expressly accepted all contractual terms of the GTC, and that all their questions have been fully answered by the Company.
The Company shall notify the Contracting Party of any modification to the GTC at least 15 (fifteen) calendar days before it takes effect, by publishing it on the Website. The above obligation does not apply if the modification concerns only company data recorded in a public register.
Amendments to the GTC apply to Individual Contracts concluded and Orders placed after the effective date of the modification.
The Parties expressly acknowledge that any documents used by the Contracting Party that qualify as general contractual terms shall not form part of the Contract.
The Company expressly states that the products displayed on the Website, their technical specifications, and the listed unit prices are for informational purposes only and do not, whether individually or collectively, constitute a binding offer by the Company. The only exception is the offer relating to assessment services (applicable within the territory of Hungary).III. Formation of the Contract
1. The Order is created through the provision of data and the making of an explicit declaration of intent to order on the Website. Placing the Order establishes a legal relationship involving a payment obligation (conclusion of a contract by electronic means).
2. The Individual Contract is created following the completion of the Order, based on the specific price offer and other conditions provided thereafter. The Individual Contract is concluded in paper-based form.
3. An Order shall be deemed submitted when the Contracting Party selects the relevant product(s) on the Website, specifies the place of performance (exact postal address), provides all additional requested information on the Website, and makes an explicit statement confirming the request for assessment.
4. Ordering and completing the assessment under these GTC is a special prerequisite for concluding the Individual Contract. Due to the nature of the products, the Company shall not enter into an Individual Contract unless an assessment has first been carried out by the Company or its Contributor.
5. If the property/structure enjoys any type of protection (heritage, architectural, environmental or otherwise), the Customer is obliged to notify the Company during the assessment. The same applies to any other circumstances that may adversely affect implementation. The Company shall not be liable for any adverse consequences resulting from the omission of such notification.
6. Attachments to the Individual Contract include, in particular, the assessment documentation and the itemised (priced) budget accepted by the Contracting Party.
7. Any special requirements, quantitative or qualitative parameters related to the performance that are not specified in legislation, standards, technical descriptions or plans shall be recorded by the Parties, if necessary, in the Individual Contract or in documents forming its annexes.
8. The Individual Contract shall define the full scope of activities and services for which the Company undertakes performance — within the framework of its result liability. The activities and services specified in the Individual Contract shall be interpreted in accordance with applicable legislation, standards, industry practices, and the rules of the Hungarian language.
9. For the valid conclusion of the Contract, the Company is entitled to request authentic documents supporting the right of representation — or documents equivalent under the applicable national law of the Contracting Party — such as an original or certified copy of a company extract, specimen signature, or a document equivalent thereto under the Contracting Party’s national law.
10. During the conclusion of the Order and/or the Individual Contract, the Parties expressly exclude the application of any contractual terms, contractual practices, or conditions deriving from any previous or currently existing contractual relationship between them that is unrelated to the present contractual relationship.
IV. Subject of the Contract
1. The Order concerns the performance of an on-site assessment and the issuance of a price offer based on that assessment.
2. The Individual Contract concerns the execution of the technical scope defined by the Parties on the basis of the above Order.
3. The place of performance shall be defined in the Order/Individual Contract by specifying the exact postal address, municipality, and parcel number. The Contracting Party is liable for any adverse consequences resulting from incorrect data provision.
4. The deadline and schedule for performance shall be determined by the Parties in the Individual Contract.
5. In the Individual Contract, the Contracting Party must declare that they are fully authorized, without limitation, to order the relevant works concerning the property in question. The Contracting Party is liable for any adverse consequences arising from incorrect declarations.
6. Design and/or permitting tasks shall be borne by the Company (up to 50 kWp), if such tasks are required for implementation. For installations exceeding this capacity, the remuneration does not include design/permitting/etc. obligations unless expressly agreed by the Parties.
If design obligations fall on the Company, they shall extend to the preparation of the plan documentation required by law or by the network operator for the equipment specified in the Individual Contract and the relevant engineering disciplines.Upon full payment of the agreed fee, the Contracting Party acquires the unrestricted right to use the plan documentation, except for use in connection with the implementation of projects on other properties.
1. The Parties shall specify in the Individual Contract whether the Company is obliged to obtain authorization from the network operator. As part of performance, the Company shall request the so-called MGT (connection point assessment) from the network operator, and the Contracting Party must issue an acceptance declaration within 12 working days of receipt if they wish to proceed with implementation.
The time required for issuing the acceptance declaration is not included in the performance deadline.The Contracting Party acknowledges that the plans are prepared by a Contributor engaged by the Company.
1. The Parties acknowledge that the Company is responsible solely for electrical installation. The Company is not responsible for masonry, roofing, tiling, painting, or any other construction-related works.
2. The Company is entitled to use Contributors. The provisions of the Hungarian Civil Code shall apply to the use of Contributors.
3. The Parties acknowledge that the works covered by this Contract are considered legally indivisible with respect to acceptance.

V. Consideration and Payment

The Company is entitled to consideration (contractor’s fee) for the performance of the Contract.
The fee for assessment: HUF 30,000 gross per assessment location (property), i.e., HUF 30,000 gross per assessment location + VAT. The assessment location shall be interpreted per parcel number.
The fee for implementation: the net consideration specified in the Individual Contract + VAT.
The Parties acknowledge that the above fee constitutes a lump-sum price, meaning it includes all costs and fees necessary for the Company’s performance under the Contract, except for additional (extra) work and supplementary work.
The applicable VAT rate and its payment shall be governed by the legislation in force at the time the invoice is issued.
Additional and supplementary work shall be governed by the provisions of the Civil Code, with the Parties being obliged to reach an agreement within 3 working days of such work arising. If no agreement is reached within this period, the Company is entitled to suspend performance until the agreement is reached and to issue an invoice for the work completed up to that point. The suspension period shall not be included in the performance deadline. If no agreement is reached within 30 calendar days of the arising of such work, the Company is entitled to withdraw from the Contract and claim payment for the work completed to date.
“Work completed” shall include, in all such settlement cases, the purchase price of the assets (equipment) delivered to the site. Upon payment of the invoice, the Contracting Party acquires ownership of such assets.
The Contracting Party shall bear the execution and/or the additional costs and fees of any work that could not be detected during the prior assessment.
The Contracting Party is responsible for ensuring that the structure/substructure on which the tasks must be performed is suitable for implementation under this Contract.
By signing the Individual Contract, the Contracting Party declares that the financial resources for the consideration are available.
In the case of an Order (assessment), the Contracting Party shall pay the assessment fee against invoice within 8 calendar days of receipt (except where an Individual Contract is concluded and performed thereafter).
The fee is payable even if the assessment fails for reasons attributable to the Contracting Party (unless cancelled in writing at least 2 calendar days before the scheduled assessment date).
If an Individual Contract is concluded and performed based on the assessment, the Contracting Party shall receive a discount equal to the amount of the assessment fee in respect of the Individual Contract. This discount is forfeited if the Contracting Party fails to pay any amount under the Individual Contract by the due date.
The Contracting Party shall pay an advance equal to 60% of the gross consideration specified in the Individual Contract, by bank transfer, within 5 calendar days after receipt of the advance request. The Company has no obligation to commence performance until the advance is paid; any delay in the payment of the advance extends the performance deadline accordingly.
Upon receipt of the advance, the Company shall issue a pro forma invoice (advance invoice), which shall be settled in the final invoice.
Partial invoicing shall not apply unless otherwise provided in these GTC or expressly agreed by the Parties in the Individual Contract.
An invoice may be issued after performance has taken place (or, in the case of agreed partial invoicing, to the extent and in the cases specified in the Individual Contract). Accordingly, the issuance of an invoice requires the completion of the implementation works.
If the Contracting Party unjustifiably refuses acceptance in breach of Section 6:247 (3) of the Civil Code, or fails to make a statement (fails to sign the handover protocol), or obstructs permitting/notification, this alone entitles the Company to issue the invoice, provided that performance has otherwise been completed (implementation is finished and complies with Section 6:247 (3) of the Civil Code, and the permitting/notification failed due to reasons attributable to the Contracting Party).
The Contracting Party shall pay the consideration by bank transfer within 5 calendar days of the invoice being sent (or, in the case of a paper invoice, of receipt).
In the case of a paper invoice, it shall be sent to the Contracting Party’s registered address/place of residence; in the case of an electronic invoice, to the email address specified in the Individual Contract. Sending the invoice to the above address constitutes valid delivery.
In the event of late payment, the Contracting Party, as contracting authority, shall pay late payment interest in accordance with Act V of 2013—either Section 6:48 or Section 6:155 of the Civil Code, depending on the Contracting Party’s legal status.

VI. Contractual Securities and Reinforcement of the Contract

If the Company, for a reason for which it is responsible (Civil Code Section 6:186), fails to comply with the performance deadline specified in the Individual Contract (delay), it shall pay liquidated damages for delay. The amount of the delay penalty is HUF 5,000 for each calendar day affected by the delay. If the delay exceeds 20 calendar days, the Contracting Party is entitled to terminate (withdraw from) the Individual Contract with immediate effect.
The Contracting Party shall pay the Company a failure penalty equal to 10% of the net contractor’s fee specified in the Individual Contract if the contract fails for a reason attributable to the Contracting Party.
Both Parties may enforce the penalty in writing with an 8-day payment deadline. No penalty (or part thereof) shall be payable if the Party proves that it is exempt due to justified reasons.
The provisions of the Civil Code relating to warranty for defects and product warranty apply (particularly Sections 6:159–6:170).
The Company undertakes warranty for the following periods after handover–acceptance (from the date of performance):

a. For works carried out by the Company, excluding the inverter, solar panels, and battery: 3 years

b. For the inverter, solar panels, and battery, warranty is provided by the manufacturer/distributor under their conditions.

In case of a defect, the Contracting Party shall notify the Company, who will submit the warranty claim to the responsible entity (manufacturer, wholesaler, etc.).

Thus, for these items, the warranty obligor is not the Company.

Under the Company’s above obligation (Section 59(a)), the Company must commence the fulfilment of the reported claim within 10 days of receiving the defect notification and shall continue working continuously with appropriate personnel until completion. The final deadline for fulfilling the claim is 30 calendar days from the notification. If this deadline cannot be met for technological reasons, the period specified by the Contracting Party shall apply.
For the case specified in Section 59(b), the deadline set by the manufacturer/distributor shall apply.

VII. Handover of the Work Area and Performance Related to the Individual Contract

The Contracting Party is obliged to provide the work area in a condition suitable for work.
The work area is deemed suitable if work can begin and continue uninterrupted, and all permits and notifications required by law (including local municipal regulations) for starting and continuing the work are available (e.g., municipal appearance notification, public space occupancy permit, if needed).
If the work area is unsuitable, the period necessary to render it suitable shall not be included in the performance deadline.
If the work can only be carried out by using a neighbouring property, the suitability of the work area is subject to the neighbour’s consent. If the consent contains restrictions that do not allow continuous work between 8:00 a.m. and 5:00 p.m., then such days shall not be included in the performance deadline.
If the Company identifies technical circumstances that exclude or hinder safe work or proper implementation in accordance with regulations, the Company may suspend performance until the Contracting Party ensures a suitable work area or the Parties amend the Individual Contract. The suspension period shall not be included in the performance deadline.
After handover of the work area, the Company is responsible for personal, property, and work safety, as well as compliance with environmental and waste management regulations, in connection with its activities.
The Contracting Party – and any third party permitted by them to be on the property – must comply with all instructions of the Company necessary to fulfil the above requirements.
The Contracting Party or any third party must not obstruct or interfere with the Company’s activities. In case of obstruction or interference, the duration of such hindrance shall not be included in the performance deadline.
The Contracting Party must ensure the safeguarding of the products delivered by the Company or its Contributor to the work area until ownership is transferred to the Contracting Party. The Contracting Party is liable for any damage occurring during this period unless caused by the Company.
The Company must comply with the Contracting Party’s instructions, subject to the rules of the Civil Code on the right to instruct. If the Contracting Party gives an impractical, unprofessional, or performance-hindering instruction, the Company must warn them. If the Contracting Party insists on the instruction despite the warning, the Company may either withdraw from the Contract or carry out the work according to the instruction at the Contracting Party’s risk and expense. The Company must refuse any instruction whose execution would violate law or authority requirements, or endanger persons or property.
If the Contract is terminated for any reason before performance is completed, the Company shall, within 3 calendar days, measure and invoice the works performed up to the date of termination and return the work area to the Contracting Party.

VIII. Communication, Legal Declarations, Confidentiality Rules

The Parties shall treat as confidential all data, facts, and information obtained in connection with the Contract and relating to the other Party, except where disclosure is mandated by mandatory (cogent) law.
The Party responsible for breaching confidentiality shall be liable for any damages arising from such breach.
Persons authorized to make legally binding declarations in connection with the Contract shall be identified by the Parties in the Individual Contract. Legally binding declarations may only be addressed to these designated persons.
Legal declarations may be validly made only in writing (personal delivery, e-mail, fax, courier, postal mail), in a manner that verifies receipt. For e-mail, the time of receipt is deemed to be the time of sending.
Upon receiving a declaration, the recipient must provide written confirmation (e.g., acknowledgment on a copy, fax report, email confirmation, return receipt).
If the recipient does not acknowledge receipt of a communication within 5 working days of sending and no information is received indicating failed delivery, the sender must resend the communication once more by registered mail with return receipt. If the letter is returned marked “unclaimed”, “addressee unknown”, or any notation attributable to the recipient’s sphere of interest, the declaration shall be deemed delivered on the date of return.
Verbal communications affecting performance of the Contract must be confirmed in writing.
The Parties shall cooperate with increased diligence during performance of this Contract.
The Contracting Party and the Company shall respond in writing with a substantive reply to each other’s written inquiries within 2 working days of receipt, except where the communication requires immediate action.

IX. Performance of the Contract

Upon completing the implementation tasks, the Company shall notify the Contracting Party in writing by issuing a completion notice in accordance with applicable laws. The Contracting Party must begin verification of performance within 1 calendar day of receipt of the completion notice and must complete such verification within 2 calendar days, and must issue a declaration on acceptance within this deadline. Acceptance may not be refused due to a defect that does not prevent proper use or whose correction or replacement does not hinder intended use.
During verification, the Parties’ representatives shall examine performance and record any defects or deficiencies. The Company shall declare the deadline for correcting such defects, which may not exceed the last day of the deadline set for handover–acceptance.
After acceptance of the work, the Company shall remove all machinery, materials, generated waste, temporary structures, and equipment from the site.
Upon acceptance, the Company shall hand over all performance documentation and all other documents required by this Contract and by applicable laws.
If the Contracting Party rejects acceptance in accordance with Civil Code Section 6:247 (3) (i.e., due to a defect preventing intended use), the Company shall inform the Contracting Party in writing of the completed corrections or supplementary work. Upon conformity, the Contracting Party shall accept the work.
Ownership of the installed assets transfers to the Contracting Party on the date of full payment of the (final) invoice. Until that date, the Company is entitled—if the Contracting Party fails to meet payment obligations by the deadline, including after a 15-day grace period provided in a written reminder—to dismantle and remove the assets and claim related costs and depreciation. By signing the Individual Contract, the Contracting Party waives all possession-protection rights against the Company and consents to the Company carrying out the above actions by lawful self-help.

X. Termination of the Contract and Related Provisions

The Parties conclude the Contract in all cases for the duration of its full performance.
The Contract concluded by the Order may be withdrawn by the Contracting Party within 14 calendar days following the placement of the Order without any payment obligation. If the Company is unable to arrange an appointment with the Contracting Party within 15 calendar days of the Order, the Contract established by the Order shall terminate without further declaration.
For termination of any Contract before performance, the provisions of the Civil Code governing contractor/implementation contracts shall apply, subject to the following.
The aggrieved Party may withdraw from or terminate the Individual Contract in the event of a material breach by the other Party, if performance is no longer in their interest. Any conduct or omission identified as a material breach in these GTC or the Individual Contract shall, in itself, constitute grounds for termination based on loss of interest.
The Contracting Party may exercise the right of termination/withdrawal with sanctions if:

a. the Company is in delay with performance for at least 30 days,

b. the Company unjustifiably suspends its activity at the work area (excluding public holidays, weekends, or suspensions due to technological or work-organization reasons).

The Company may exercise the right of termination/withdrawal with sanctions (including without prior suspension) if:

a. the Contracting Party fails to provide the work area in accordance with this Contract and within the required deadline,

b. the Contracting Party fails to pay the advance in full by the deadline,

c. the Contracting Party fails to pay the invoice in full by the deadline,

d. the Parties cannot reach agreement on extra/supplementary work under this Contract, and without such agreement the Contract cannot be performed,

e. the Contracting Party or a third party obstructs or seriously interferes with the Company’s work.

If the Contracting Party withdraws from or terminates the Contract for a reason not constituting a material breach, the Contracting Party shall pay to the Company a penalty equal to 10% of the net contractor’s fee within 5 days of making such declaration. This penalty is also payable if the Contracting Party alleges material breach but such breach is not established under this Contract or is rejected by the court. The penalty and the failure penalty may not be applied simultaneously.
In the event of termination of the Contract on any grounds, the Company is entitled to the consideration for the services performed up to the date of termination.
In the event of a breach, either Party must call upon the breaching Party in writing to remedy the breach within an appropriate deadline, which shall be at least 5 working days (or 8 calendar days for payment obligations) before exercising the right to terminate or withdraw.
A termination/withdrawal notice based on breach of contract must refer to the material breach and specify the facts or circumstances establishing such breach.

XI. Miscellaneous Provisions

For matters not regulated in the Contract, the relevant provisions of the Civil Code and associated legislation shall apply.
In the event of force majeure lasting at least 45 days, either Party may terminate the Contract. The Party becoming aware of a force majeure event shall notify the other Party without delay, and shall be liable for any damages resulting from failure or improper performance of such notification.
For dispute resolution, the Parties stipulate the exclusive jurisdiction of the Buda Central District Court (Budai Központi Kerületi Bíróság).
The Contract may only be amended in writing.
The Contract shall be deemed amended without formal written modification in the following cases:

a. if data of either Party recorded in the public register change — from the date of registration,

b. if contact person data or the person responsible for performance acceptance changes — from the date the other Party receives the notification,

unless prohibited by mandatory law.

The Contract enters into force on the date of the Order (for Orders) or on the date of signing (for Individual Contracts).
In case of conflict between these GTC and mandatory legislation, the mandatory legal provisions shall prevail.
If the interpretation of these GTC or the related contracts gives rise to questions concerning conciliation procedures, the relevant information is available at: https://bekeltetes.hu/udvozlo