Budapest évkönyve. Hiteles czim és lakjegyzék 1898 (Budapest)
Tolnay Budapest évkönyve. Hiteles czim és lakjegyzék 1898. - I. szakasz. Az Uralkodóház, Országgyűlés, Hatóságok, Nyilvános és magánintézetek, Tanintézetek, Egyesületek stb. Tiszti czímtára - III. rész. A m. kir. ministeriumok és az azok szakköréhez tartozó hatóságok, intézetek, közegek stb.
III. Rés£^ ö4 Kereskedelmi minlsterium. the judgement of the quality of the goods delivered, if both parlies approve it, otherwise it is only considered as a type-sample. §• 40. Unless these usances dispose exceptionally otherwise as to certain goods, the following rules have been enforced concerning complaints against quality: a) Is the buyer and seller or their representatives present at the inspection or delivery of the goods, the complaint against the quality has to be made immediately. b) Goods sent from abroad, are to be inspected by the buyer latest on the weekday following the receipt of the ship or railway advice and he has to wire to the seller his event, objections against the quality of goods, or, if this is not possible, to inform the seller by a registered letter. Should the former rules not have been regarded, the goods are to be considered as dcfectless. §• 41. According to the article a) of the preceding section both parties are obliged to draw in common a sample, immediately, and in case of the article b) the receiver is obliged to draw soon after inspecton, a sample officially. §. 42. Should any of the parties neglect to draw a sample in common, according to the article a) of §. 41. the second party is obliged to draw a sample on the expenses of the neglecting party, when in Budapest, by the way of the Secretary of Exchange, and elsewhere in an official way. §. 43. Should the complaint made against a part or the whole of the goods presented, be corroborated by the experl- connnittee of the exchange, the seller is entitled also at prompt deliveries to arrange a new presentation of goods, in Budapest within 3 days, and outwards of this city during 5 days counted from the day of announcing the judgement by the expert committee of the exchange; at contracts, however, whose fulfilment is limited, only within this stipulated term. Should, however, the newly presented goods neither prove to be according to the quality stipulated in the agreement, the buyer is entitled to enforce any one of the rights granted to him in the § 54. §■ 44. The seller is obliged to reimburse to the buyer the proved travelling, personal, and other expenses issuing caused by the presentation contrary to the contract. Likewise is the buyer obliged to reciprocate the seller all the expenses (storage, demurrage, warehouse-charges etc.) and eventual the proved damages, should the xepert-committeé find the objections made against the quality of the respective goods unjustified arid state, that a delay has arisen hereby. VI. About payments. §> 45, Cash has to paid on delivery of the goods and the invoice. Buth the seller is also entitled to ask for immediate pay- men even of part-deliveries. §. 46. Is the purchase-money to be covered by acceptances, bond, or check, the settlement has to effected on delivery of the goods and presentation of the invoice. At larger quantities, the delivery of which should require more than two days, the seller is entitled to ask daily for the countervalue, be it in acceptances, bonds, or checks, the amount of which has to correspond with the selling-price of the daily part- deliveries, which the buyer has to hand to him at once. Should the buyer, however, not deliver the stipulated counter-values within the fixed time, the seller is authorized to consider the sale as a cash-transaction and to enforce the amount becoming thus due; the buyer is on the other hand justified to deduct the interest till the rate of the Austro-Hungarian bank. §• 47. The buyer has no right to deduct interest on payments, made before maturity. The buyer has always to defray the costs of his pay- . ments. The seller is entitled to charge the account of the buyer with 5o/o interest on expenses, he has made for him, in time-bargains. §■ 48. Objections against single items of the invoice, do not entitle the buyer to a refusal of the whole purchase money. §• 49. Payments to be made on presentation of the bill of lading can only be elaimed on a bill of lading issued by a forwarding-enterprise or of a corresponding document. §. 50. Is the covering of the purchase-money wholly or partly - due before delivery of the goods, the seller is entitled to ' proceed agaist the buyer according to §§ 54—59 should t the latter hesitate to fulfil his obligations. §• 51. Should the forwarding enterprise refuse to receive gods sold „delivery at the railway-station“, the „ship“ or payable on presentation of the bill of lading, on account of a general known „break-down,“ the seller can ask the buyer for reception and settlement of the goods kept by him in readiness, and if the buyer should hesitate, to insure ■ & deposit the goods in a storehouse at the risk and expenses of the buyer ; the buyer is, however, entitled to deduct from the purchase-money the resp. railway-or ship- expenses. §. 52. Have the goods been sold on basis of the parity of a railway-station precised in the contract, the seller is entitled to deliver them at any railway-station of the same produ- cing-region. Has the direction of forwarding not been stipulated in the contract, both parties are held to bring mutually to
