General Terms and Conditions.

1.
These General Terms and Conditions (hereinafter: the “GTC” contain the contractual terms and conditions applicable to all contracts concluded between Bechtle direct Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered office: 1037 Budapest, Montevideó utca 16/B.; company registration number: 01-09-976002; tax number: 23739226-2-41; statistical code: 23739226-4741-113-01; European Unique Identifier: HUOCCSZ.01-09-976002; telephone number: (+36 1) 88273-91; email: sales@bechtle.hu – hereinafter referred to as: “Bechtle direct”) as supplier and/or service provider, and a third party, as customer, for the supply of goods and/or provision of services, whether under an individual/ad hoc contract or a framework agreement, and governing the contracting parties and the underlying transaction.

2.
Bechtle direct always ensures that its contracting partners are able to familiarise themselves with the contents of these General Terms and Conditions prior to the conclusion of a contract. The current version of the GTC is available and can be viewed at www.shop.bechtle.com/hu website under the “General Terms and Conditions” link.

3.
Any partner entering into a contract with Bechtle direct is entitled, in all cases prior to the conclusion of the contract, to review the GTC via the contact details specified in Section 2; following this – when entering into a contract with Bechtle direct, as a prerequisite therefor – the partner shall declare that they have familiarised themselves with the contents of the GTC prior to the conclusion of the contract and have expressly accepted the same. In the absence of this declaration, no contract may be concluded with Bechtle direct.

4.
Any statements published by Bechtle direct in any form – including in the form of catalogues, brochures, circulars, advertisements, illustrations, advertisements or price lists, are for information purposes only and shall not constitute a binding offer by Bechtle direct. Obligations shall arise solely and exclusively under a contract concluded with Bechtle direct (see Chapter II).

5.
The provision of services by Bechtle direct relating to hardware and software support and maintenance shall be governed by a separate contract. With regard to hardware and software support and maintenance, the supplementary terms and conditions of Bechtle direct shall apply and be binding (see: www.bechtle.com/de/egb).

1.
Contractual relationships for the supply of goods or the provision of services are established with Bechtle direct as follows:

1.1. 
Bechtle direct always ensures that its contracting partners are able to familiarise themselves with the contents of these General Terms and Conditions prior to the conclusion of a contract. The current version of the GTC is available and can be viewed at www.shop.bechtle.com/hu website under the “General Terms and Conditions” link.

1.2.
framework agreements.

2. 
Individual contracts are concluded with Bechtle direct when:

2.1.
the Customer has accepted Bechtle direct’s quotation and has placed an order with Bechtle direct with identical content to that set out in the quotation, which has been confirmed by Bechtle direct; the submission of such an order shall also constitute a declaration confirming that the Customer has read and accepted these GTC. Bechtle direct expressly draws the prospective customer’s attention to this latter circumstance in its quotation; or

2.2.
the Customer places their order online (via the webshop), which shall constitute the reading and acceptance of the GTC on the website specified in Section I/2.

3.
Individual contracts shall only be deemed to have been concluded with Bechtle direct if, in response to a written request for a quotation from the prospective customer (subsequent client), Bechtle direct has submitted a written quotation and the prospective customer, having accepted this, prior to the expiration of the validity period of the quotation, places an order in writing with Bechtle direct that is identical in content to the quotation, which Bechtle direct then confirms in writing. In the case of orders received after the specified expiration of the binding offer period – upon the expiration of its binding offer period, and subject to the exclusion of any liability for damages or any other liability – Bechtle direct reserves the right to unilaterally amend or withdraw its quotation.

4.
Individual contracts concluded with Bechtle direct shall be governed exclusively by the rules and conditions set out in these GTC. Any other terms and conditions or additions proposed by the contracting party, regardless of the form in which they are communicated, shall not form part of the contract, even if Bechtle direct has not commented on or made any statement regarding them. In this regard, in relation to individual contracts, the Parties expressly exclude the application of the rule set out in Section 6:4(4) of the Civil Code on the part of Bechtle direct.

5.
A Framework Agreement is concluded with Bechtle direct when the contracting party, as the customer, enters into a long-term contractual relationship with Bechtle direct for the supply of goods or the provision of services, whereby the Parties agree upon the supply or provision of specified products or services in specified quantities, at specified intervals, or by specified deadlines. In respect of matters not covered by the framework agreement, the provisions set out in these GTC shall apply. By entering into the framework agreement, the customer declares that they have read and accepted the GTC.

6.
In the event of any change in circumstances relating to existing framework agreements, Bechtle direct will submit a proposal to the Customer to amend the framework agreement. Such proposed amendments shall become an integral part of the framework agreement either upon the contracting partner’s express acceptance or tacitly, provided that the contracting partner fails to submit any comments, objections, or further amendment proposals within eight (8) days of notification, without prejudice to their right to terminate the framework agreement. In this context, with regard to framework agreements, the contracting parties hereby stipulate the application of the rule set out in Section 6:4(4) of the Civil Code.

7.
The prospective customer shall be obliged to thoroughly examine Bechtle direct’s quotation in terms of its accuracy and appropriateness. This obligation applies in particular to project proposals that contain assumptions which form the basis for Bechtle direct’s calculations and the service description. If such assumptions are incorrect, the prospective customer shall be obliged to inform Bechtle direct in writing without delay, following the submission of its quotation and prior to the conclusion of the contract, so that Bechtle direct may amend the quotation accordingly. Bechtle direct accepts no liability for any loss arising from a failure to provide the information to the prospective customer as set out in this clause, or from any delayed and/or inadequate fulfilment thereof; and the fulfilment of the order as set out in the original quotation shall be deemed to be lawful and in accordance with the contract.

8.
If Bechtle direct prepares a cost estimate at the customer’s request, the Customer shall, under a separate agreement, reimburse Bechtle direct for the time expended on the preparation thereof.

1.
Bechtle direct shall be entitled to engage subcontractors or performance agents to perform the contract without requiring any specific authorisation or consent from the Customer.

2. 
The goods supplied by Bechtle direct are intended exclusively for use by businesses (within the meaning of Section 8:1(1), point 4 of the Civil Code). If the Customer intends to supply goods purchased from Bechtle direct to an end-user or to a business which, in turn, supplies such goods to end-users, the Customer shall be obliged to notify Bechtle direct of this circumstance in writing, in advance, concurrently with its request for a quotation.

3.
The term "goods" as used in these GTC shall mean the equipment handed over or delivered by Bechtle direct to the Customer (including, inter alia, software), even where the goods are made available to the Customer in an intangible form (e.g. via an electronic medium).
The place of performance of the contract (place of delivery) shall be the location specified in Bechtle direct’s quotation, unless the Parties agree otherwise.

4.
After placing an order, Bechtle direct reserves the right, up until the date of delivery and in consultation with the Customer, to carry out standard commercial technical modifications to the goods (in particular, improvements), provided that such modifications result only in minor changes to the product and do not affect the fulfilment of the contractual purpose.

5.
Where the goods are manufactured or modified in accordance with the Customer’s specifications, Bechtle direct shall not be obliged to review those specifications, unless a separate agreement has been concluded to that effect. Bechtle direct excludes all liability for any defects, or for any direct or indirect legal consequences arising therefrom, which can be attributed to such standards or to hardware or software supplied by third parties and used by the Customer.

6.
If, following the conclusion of the contract, Bechtle direct establishes that any assumptions which became part of the contract following the Customer’s preliminary review of the quotation—but as a result of the Customer’s failure to fulfil its obligation to provide the relevant information—are incorrect or incomplete, the Customer shall, upon Bechtle direct’s request and within the deadline specified therein, reimburse Bechtle direct for any verified additional costs incurred by Bechtle direct (or any person assisting in the performance of the contract) arising from the Customer's requirements that were not previously disclosed and therefore were not included in the quotation or the contract.

7.
The Customer accepts and acknowledges that Bechtle direct shall fulfil all its delivery obligations arising from the supply contract via direct delivery from the warehouses of its distributors. The Customer shall inspect whether the packaging is undamaged upon receipt of the ordered goods and, immediately thereafter, shall inspect the delivered goods for conformity with the contract. In the event of any fault, deficiency, or other non-conformity, the Customer shall notify Bechtle direct in writing without delay, specifying the exact nature of the fault or defect. Bechtle direct excludes all liability for any legal consequences arising from the non-performance, improper performance, or delayed performance of this obligation.

8.
Bechtle direct shall be entitled to make partial deliveries of the ordered goods, without any liability for damages or other claims, provided that it informs the Customer where practicable. The terms and conditions relating to invoicing in this regard are set out in Chapter IV.
Upon Bechtle direct's request, partial acceptances shall be conducted for distinct service elements that are capable of independent use, or for service elements on which further services are based, provided that the service elements to be accepted can be verified separately. 
A partial or final acceptance shall be deemed accepted by the Customer once it has been approved in writing through the Customer's authorised representative specified in the individual contract, as evidenced by such representative’s signature.  
If the service to be provided includes the supply of hardware or standard software, Bechtle direct shall be entitled to charge the Customer for the associated delivery costs, irrespective of whether the Customer accepts the service.

9.
Subject to the provisions of Section 7, Bechtle direct excludes all liability for cases arising from the failure of the relevant distributors to fulfil their delivery obligations. In the event that the distributor concerned fails to fulfil its delivery obligation for any reason, the delivery deadline undertaken by Bechtle direct towards the customer – without Bechtle direct assuming any liability for damages or other claims – shall be automatically extended by the duration of such delay (without requiring a formal amendment to the contract), provided that Bechtle direct is obliged to notify the customer of this circumstance.

10.
The rule set out in Section 9 shall govern and apply to cases where performance is prevented by force majeure, war, natural disasters, transport and operational disruptions, restricted access, shortages of energy and raw materials, measures taken by the authorities and labour disputes, as well as the customer’s failure to fulfil their obligation to cooperate. Bechtle direct shall be entitled to withdraw from the contract by means of a unilateral written notice addressed to the Customer—without incurring any liability—if the service or delivery is impeded for an indefinite period by circumstances beyond Bechtle direct’s control and the purpose of the contract is jeopardised. If the aforementioned hindrance lasts for more than 2 (two) months, the Customer shall be entitled to withdraw from the unperformed part of the contract, in which case Bechtle direct’s liability provisions set out in this section shall apply accordingly.

11.
Where Bechtle direct and the customer are negotiating amendments to the terms of an existing contract – until such amendments have been finalised or come into effect – Bechtle direct shall not be obliged to fulfil the original contract, and the performance deadlines under the original contract shall be suspended for this period (and extended by the duration of the negotiations); Bechtle direct shall not be deemed to be in default. The provisions set out in this clause shall also apply mutatis mutandis in cases where the purpose of the consultation between the parties is to correct terms provided by the customer which were not sufficiently precise and/or subsequently proved to be incorrect, and which have become part of the contract already concluded.

12.
With regard to the goods supplied and/or services provided by Bechtle direct, Bechtle direct shall provide a guarantee and fulfil its guarantee obligations in accordance with the relevant legislation in force at the time. Where legislation permits deviations in this regard, Bechtle direct shall inform the Customer in good time of the scope of the relevant commitment.

13.
The Customer acknowledges that, since Bechtle direct is not a direct warranty partner, warranty and guarantee obligations relating to goods supplied by Bechtle direct may be performed in one of two ways: either on a "bring-in" basis (where the Customer delivers or sends the product directly to the manufacturer of the goods in question) or on an "on-site" basis (where, following prior notification, the manufacturer collects the product or arranges for it to be collected by an agent).

14.
Should the Customer withdraw from the contract for services for any reason before Bechtle direct commences performance, Bechtle direct shall be entitled to a fee equivalent to 6% of the service fee as a termination fee (bánatpénz) pursuant to Section 6:213(2) of the Civil Code, in addition to which Bechtle direct shall be entitled to reimbursement from the Customer of any verified costs incurred under the contract up to the date of withdrawal.

15.
Should the Customer fail to take delivery of the goods by the deadline, Bechtle direct shall be entitled—while reserving all further rights—to set a grace period for collection and to arrange for delivery accordingly, with any verified costs incurred in this connection being passed on to the Customer. Following the expiry of the grace period without result, Bechtle direct shall be entitled to dispose of the goods at its own discretion, in a manner differing from that set out in the relevant individual contract. In this context, Bechtle direct – at its discretion – shall be entitled to withdraw from the contract by means of a unilateral legal declaration addressed to the customer and to claim from the customer an amount equivalent to 10 per cent of the net invoice value of the goods to be delivered under the contract, as termination fee. The Customer shall pay this amount upon request by Bechtle direct, within the deadline specified therein.

16.
The customer is solely responsible for compliance with export regulations. Bechtle direct is not obliged to deliver goods to locations subject to export restrictions. The contractual terms and conditions relating to exports are otherwise set out in the quotation sent by Bechtle direct to the customer.

1.
The delivery fees and service costs provided by Bechtle direct shall be invoiced in the currency specified in the quotation issued by Bechtle direct. Should the Customer fail to fulfil its payment obligation in the currency specified by Bechtle direct on the invoice, the Customer shall immediately pay any additional costs arising from foreign exchange rate fluctuations to Bechtle direct upon request, by transferring the respective amount to the bank account stated on the invoice.

2. 
The Customer shall fulfil its payment obligation by bank transfer to the account number specified in the quotation issued by Bechtle direct, in the order confirmation, or on the invoice. Should a different account number be stated in the aforementioned documents, the account number stated on the invoice issued by Bechtle direct shall prevail.

3.
Where the delivery or performance deadline for the ordered product or service exceeds six (6) weeks, and in the case of a long-term contractual relationship exceeding the same period, Bechtle direct shall be entitled to pass on any verified additional costs incurred during this period in connection with the performance of the contract (including changed costs of manufacturing, delivery, or service provision) to the Customer without requiring a formal amendment to the contract.

4.
Invoices issued by Bechtle direct shall be payable by the due date stated on the invoice. The payment period shall commence on the date the invoice is received by the Customer. Bechtle direct shall consider the invoiced amount paid once the full amount has been credited to Bechtle direct's bank account.

5.
The Customer shall only be entitled to set off claims against invoices issued by Bechtle direct if such claims are based on a final and binding court decision and/or have been expressly acknowledged by Bechtle direct in writing. The assignment of any claim against Bechtle direct, on any grounds whatsoever, is not permitted.

6.
In the circumstances set out in Section III/8, Bechtle direct shall be entitled, but not obliged, to issue a partial invoice, or to include its invoice claims in a summary invoice. In such cases, the individual partial deliveries shall be itemised on the summary invoice, and the date of performance of the summary invoice shall coincide with the date of the last partial delivery.

7.
If, after the conclusion of an individual contract, it transpires for any reason that the payment of the fee due to Bechtle direct is jeopardised due to the Customer's lack of solvency or insolvency, the Customer shall, upon Bechtle direct’s request, provide sufficient security to cover the respective fee. 

8.
Where the obligation undertaken by Bechtle direct in the individual contract consists of the performance of work, the provision of a service, or the delivery of goods to the Customer, Bechtle direct shall be entitled, in the circumstances specified in Section 7, to demand an advance payment of between 50% and 100% of the fee from the Customer and to require security for any remaining balance.

9.
Where Bechtle direct has entered into an instalment payment agreement with the Customer, the entire outstanding balance shall automatically become immediately due and payable (without requiring a separate notice from Bechtle direct) if the Customer falls into arrears, in whole or in part, with even one (1) instalment. 

1.
Unless otherwise agreed between the contracting parties, software supplied by Bechtle direct shall refer to standard software that has not been produced exclusively to the Customer’s specifications. The Parties hereby acknowledge, and the Customer expressly accepts, that given the current state of the art, it is impossible to develop error-free standard software that meets all usage requirements. In view of this, should the standard software ordered by the Customer fail to fully meet all of the Customer’s user requirements—including in particular, but not limited to, cases where this occurs due to the Customer’s incorrect or incomplete specification of its requirements in its order—this shall not be deemed a fault in the standard software; consequently, the related performance shall not be deemed defective performance, and Bechtle direct’s liability in this regard is excluded.

2. 
Unless otherwise agreed by the Parties, the software shall be supplied to the Customer in a version compatible with the Microsoft Windows operating system.

3.
In the case of standard software from a third-party manufacturer, Bechtle direct shall supply the Customer with the manufacturer’s original user documentation. Bechtle direct shall be under no obligation to supply any documentation beyond this. Upon request, the (prospective) customer may be given access to the user documentation even before the contract is concluded. In addition, the (user) documentation is supplied as online help within the software. If the (prospective) customer requires further written documentation, they must notify Bechtle direct of this in writing in good time prior to the conclusion of the contract, in which case Bechtle direct will provide the prospective customer with a quotation in this regard.

4.
Where software is supplied, Bechtle direct shall provide the object code on a data medium. The Customer shall not be entitled to request the disclosure of, or to access the source code.

5.
If, under the terms of the contract, Bechtle direct is obliged to install the software, the Customer shall ensure that the necessary hardware and other infrastructure, in particular the connection to the computer network, including all cabling, and any other necessary conditions, are in place or provided prior to installation, thereby enabling the software to be installed correctly. Bechtle direct excludes all liability for any legal consequences (such as delay or potential failure of performance, etc.) arising from a failure to fulfil this obligation.

6.
Where, under the terms of the contract, Bechtle direct supplies hardware and is required to integrate or connect hardware or software, whether its own or procured from a third party, to other devices, or where it is required to establish a connection between the hardware, the software, and other devices, the Customer shall provide a suitable hardware and software environment for this purpose. The provision set out in the last sentence of Section 5 shall remain applicable and relevant in this case as well.

7.
If Bechtle direct delivers goods to a location where employees work at computer screens, Bechtle direct shall not be obliged to provide equipment that complies with the relevant health and safety regulations, nor to comply with such regulations, as this shall be the sole responsibility of the Customer. The provision set out in the last sentence of Section 5 shall remain applicable and relevant in this case as well.

8.
During trial runs and installation work, the Customer shall ensure that competent and qualified staff are present; at the same time, the Customer shall suspend any other work involving the computer equipment if necessary. The Customer shall ensure the security of its own data prior to each installation; Bechtle direct excludes all liability for any damage arising from a failure to fulfil this obligation.

9.
If the standard software is supplied by a third-party manufacturer, the third-party manufacturer’s terms of use shall apply and prevail. Upon the Customer’s written request, these terms of use may be made available to the Customer even before the contract is concluded. In the circumstances set out in this clause, the licence agreement is concluded directly between the manufacturer and the Customer.

10.
Unless otherwise provided for in Section 1 of the terms and conditions of use, the following terms and conditions of use shall apply and remain in force:

10.1
The Customer shall be granted a perpetual, non-exclusive licence to use the software. User rights are non-transferable; the Customer is not permitted to transfer user rights to a third party. If a network licence (= multi-user licence) is not purchased, use is permitted on a single computer only. When replacing hardware, the software must be completely removed from the hardware previously in use. Simultaneous saving, storage, or use on more than one computer shall be strictly prohibited.

10.2.
In the case of a network licence, the user rights shall apply only to the computer workstations within the relevant network, as specified in the relevant individual contract. The Customer shall prevent any use by third parties.

10.3.
Unless expressly permitted by law, the Customer shall not be entitled to reproduce, distribute, make publicly available, rent out, alter, or adapt the software or any written material provided to them.

10.4
Unless otherwise provided for in this chapter, any further transfer of the software, its use for purposes other than those set out in the individual contract, or the lending of the software, as well as any independent use, shall be permitted exclusively in accordance with the relevant legislation and provided that the following additional conditions are met simultaneously:

10.4.1. 
the original data carrier is handed over to the purchaser or user;

10.4.2. 
the Customer provides Bechtle direct with the name and address of the purchaser or end-user in writing;

10.4.3. 
the purchaser has accepted Bechtle direct’s terms and conditions of delivery and service, and the terms of use relating to standard software produced by a third-party manufacturer;

10.4.4. 
the Customer has deleted or destroyed all copies or components of the software remaining in its possession from the Customer’s system and from any external data storage media, ensuring that the possibility of using the software or any of its components no longer exists, which the Customer shall credibly prove upon request by Bechtle direct.

11.
In the event of an unlawful breach attributable to the Customer of the provisions set out in this chapter, Bechtle direct shall be entitled, without prejudice to any other claims, to liquidated damages in the amount of HUF 7,000,000 (seven million Hungarian Forints) for each individual breach, which the Customer shall pay upon Bechtle direct’s request within the time limit specified therein.

12.
For the purposes of this Chapter, any entity that holds a controlling interest, as defined in Section 3(2), point 1 of Act C of 2000 on Accounting, in the Customer shall also be deemed a third party.

1.
Bechtle direct retains title to the goods it supplies until the Customer has fulfilled all payment obligations set out in the relevant contract in full.

2. 
The Customer shall maintain and protect the goods with due care until title has passed. The Customer shall, at its own expense, insure the goods against damage caused by fire, water, theft, or vandalism, in accordance with the value of the goods specified in the individual contract. Should any maintenance or monitoring work be required, the Customer shall carry out such work, or arrange for it to be carried out, at its own expense and in a timely manner.

3.
In the event of seizure or any other intervention by a third party, the Customer is obliged to notify Bechtle direct in writing without delay, and must also inform the third party or representative of the authority taking the action referred to in this clause, without delay and in a verifiable manner (recorded in a report, etc.) that the goods are not their (i.e. the Customer’s) property.

4.
Bechtle direct reserves all ownership rights and copyrights in and to all documents delivered to the Customer (including, inter alia, data media, documentation, diagrams, drawings, and calculations) in accordance with these GTC and in compliance with the relevant statutory provisions. It shall be strictly prohibited to use the aforementioned items for purposes other than those set out in the contract, or to make them available to third parties. The Customer shall return the aforementioned items to Bechtle direct immediately upon the termination of the contract or the fulfilment of the intended contractual purpose. This provision applies in particular to documents marked as "confidential". Bechtle direct shall be entitled to reclaim any documents subject to confidentiality at any time should the Customer breach its duty of confidentiality.

1.
The contractual relationship between Bechtle direct and the Customer shall be based on the quotation issued by Bechtle direct and the Customer’s order placed on that basis (individual contracts pursuant to Chapter II, Section 2), or on a framework agreement concluded between Bechtle direct and the Customer (Chapter II, Section 5). The aforementioned documents constitute the entire agreement between the Parties regarding the underlying transaction; on this basis, Bechtle direct hereby excludes all liability for any claims for damages or other claims based on or arising from any other document, business relationship, negotiations, or other communications.

2. 
The contractual relationship established between Bechtle direct and the Customer shall be governed exclusively by Hungarian law. Consequently, Bechtle direct, in addition to the relevant mandatory provisions of Hungarian law, excludes all liability with respect to any claims for damages or other claims arising from or based on the application of foreign law. 

3.
The Customer indemnifies Bechtle direct against any legal consequences arising from any conduct, omissions or other infringements for which Bechtle direct cannot be held liable.

4.
Having regard to Section 8:1(1), points 3 and 4 of the Civil Code, and since Bechtle direct does not engage in sales or provide services to natural persons acting as consumers, Bechtle direct excludes all liability for any claims that the Customer may base on statutory provisions whose personal scope applies exclusively to consumers, including but not limited to the provisions of Government Decree No. 45/2014 (II. 26.) on the detailed rules governing contracts between (II. 26.) businesses.

5. 
Bechtle direct excludes all liability for any claims arising from the Customer’s failure to perform, or inadequate performance of, its obligations set out in Section III/7.  

6. 
In the case of contracts for the supply of second-hand goods, the purchase price of the goods in question is determined by Bechtle direct specifically taking into account the fact that the goods are second-hand; on this basis, the warranty and guarantee conditions for these goods shall be as set out in the quotation sent by Bechtle direct. Bechtle direct accepts no liability beyond this.

7.
The Customer shall not be entitled to assert any claims against Bechtle direct with respect to defects arising from any modification or interference by the Customer with the goods, in particular with the software programme code, which is not permitted under the user manual or other instructions for use relating to the goods; Bechtle direct’s liability in respect of such claims is strictly excluded.

8.
Where Bechtle direct’s services are to be performed at the Customer’s premises, the Customer shall, unless otherwise agreed, provide suitable premises and equipment at its own expense. Should the Customer fail to do so, Bechtle direct shall not be held liable for any resulting consequences.

9.
While reserving its own rights, Bechtle direct excludes all liability for any claims for damages or other claims arising from the Customer’s non-performance or improper performance of its obligations under applicable legislation, these GTC, or any individual or framework contract.

10. 
The Customer shall fully indemnify, defend, and hold Bechtle direct harmless from and against any and all claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising directly or indirectly from any acts or omissions committed by the Customer or any of its employees, contractual partners, agents, or representatives in connection with these GTC, any contract concluded between the Parties (whether an individual contract or a framework agreement), or any obligations to be fulfilled by the Customer pursuant to statutory provisions.

1.
Should a subsequent repair of the goods become necessary, the Customer, in order to ensure that such repair is carried out professionally and in a timely manner by Bechtle direct, shall provide Bechtle direct with all information necessary for fault identification and troubleshooting. Furthermore, during the repair process, the Customer shall make available to Bechtle direct, via data transmission or telephone, a qualified, competent, and duly authorised representative who shall assist with the subsequent repair in accordance with Bechtle direct’s instructions. In the event of on-site rectification, the Customer shall provide Bechtle direct with unrestricted access to the defective goods and, where necessary, shall suspend any other work on the hardware or the Customer’s network that interferes with, obstructs, or hinders the on-site repair, for the duration required. Data backup shall be the sole responsibility of the Customer; Bechtle direct excludes all liability for any loss of data occurring during the repair process.

2. 
The Customer shall demonstrate any defect identified in the hardware or software to Bechtle direct’s performing personnel in as much detail as possible and in a manner that allows the defect to be reproduced.

3.
If the Customer requests Bechtle direct’s services for the purpose of a subsequent repair, and it is determined that no entitlement to warranty repair exists (including, inter alia, due to user error, improper handling of the goods, or the absence of any defect), the Customer shall reimburse Bechtle direct for all costs incurred in connection with the inspection of the respective goods and the subsequent performance.

4.
In the event of a system malfunction caused by an error attributable to Bechtle direct, Bechtle direct shall restore the data to its state prior to the malfunction. In such cases, the Customer shall provide Bechtle direct with the relevant data in a machine-readable format.

1.
The Customer and its employees, agents, representatives, and subcontractors may from time to time, directly or indirectly, have access to or receive information (hereinafter: the "Receiving Party") which Bechtle direct (hereinafter: the "Disclosing Party") classifies as confidential or trade secret in relation to itself, its partners, or other third parties, and which—even if not expressly designated as such—has been disclosed to Bechtle direct as confidential, including the provisions, terms, and the very existence of the contract concluded with the Customer (hereinafter: "Confidential Information"). The Receiving Party shall treat all Confidential Information as strictly confidential, shall not disclose or make the same available to any third party who is not a party to the contract, and shall not use it for any purpose other than those strictly related to the performance of the contract. The Receiving Party may disclose Confidential Information to its employees and representatives only to the extent necessary, and only after instructing them as to the confidential nature of the information and the obligations incumbent upon them hereunder. The Receiving Party shall be fully liable for any breach of these obligations committed by its employees or representatives. The Receiving Party shall apply a level of protection at least equivalent to the security methods and procedures governing its own confidential information, which guarantees protection against unauthorised use or disclosure. Confidential Information shall remain the sole property of the Disclosing Party (subject to any overriding rights held by third parties).

2. 
Notwithstanding the foregoing, "Confidential Information" shall not include any information in respect of which the Receiving Party can demonstrate, by means of contemporaneous written documentation, that it:

2.1. was already known to it, or was subsequently developed by its employees independently of the Confidential Information;

2.2. becomes generally available to the public through no fault of the Receiving Party, its subsidiaries, or its representatives;

2.3. has been lawfully obtained from a third party or organisation who is not bound by a duty of confidentiality; or

2.4. disclosure is required by a final court order or a competent governmental authority, in which case the Receiving Party shall immediately inform the Disclosing Party so that the latter may seek appropriate legal remedies or protective orders.

3.
Upon termination of the contract concluded with the Customer, or upon the written request of the Disclosing Party, the Receiving Party shall either return or destroy all such Confidential Information and provide a written certificate of destruction or return.

1.
Should any provision of these GTC be held invalid, unlawful, or unenforceable (whether as a result of a court judgment or for any other reason), the validity, legality, and enforceability of the remaining provisions of these GTC shall remain unaffected. Should the deletion of a provision found to be invalid affect the interpretation or applicability of these GTC, the Parties shall enter into good-faith negotiations to agree on a valid replacement provision that best reflects the original contractual intent of the Parties. In the event that these negotiations prove unsuccessful (i.e. no agreement is reached), the relevant statutory provisions shall apply.

2. 
These GTC (and any disputes, controversies, proceedings, or claims of any kind arising out of or in connection with the contract between Bechtle direct and the Customer) shall be governed by and construed in accordance with the laws of Hungary. For the resolution of any disputes through legal proceedings, the courts having jurisdiction over Bechtle direct’s registered office shall have exclusive jurisdiction, depending on the subject-matter jurisdiction of the court. Where this is not possible under the provisions of the law, the general rules on jurisdiction shall apply.

3.
These General Terms and Conditions shall come into force on 12. 15. Bechtle direct reserves the right to amend the provisions of these GTC by way of a unilateral decision, provided that the amended GTC are simultaneously published in a consolidated structure incorporating the amendments in the manner specified in Section I/2. In such cases, the amended provisions of the GTC shall apply solely to contractual relationships established after the amendment takes effect (is published).