GENERAL COMMERCIAL TERMS OF SPANELAS S.A.
- These general commercial terms apply to all contracts for the sale of products and cover any product delivery or product repair by our company, notwithstanding any contrary terms that we have set out or accepted expressly and in writing. The acceptance of a quotation or the submission of a purchase order by the customer indicates the customer’s unreserved acceptance of these terms, which prevail over any contrary terms included in the customer’s order. Any additional or contrary term will only be effective if it has been set out (or accepted) by us expressly and in writing.
- Our quotations are open for acceptance by the customer within fifteen (15) calendar days from the date of their issuance, unless we have expressly stated otherwise in writing. The prices, specifications, availability and delivery date mentioned in our quotations are for information only and are not binding on us until all technical requirements have been agreed and we have confirmed the customer’s order in writing. No order, whether or not submitted in acceptance of our quotation, is binding on us unless and until we confirm it in writing or issue an invoice or dispatch the products.
- Our prices for the products are those set out in our price list or quotation or in any case as otherwise expressly set out by us in writing. The listed prices do not include VAT or any other taxes or duties, which are borne by the customer. Unless we have expressly agreed otherwise in writing, the customer is responsible for paying the costs of packaging, transportation and insurance of the products.
- All invoices are payable in cash on issue, unless otherwise stipulated on the invoice or we have expressly stated otherwise in writing. In cases where the customer is in arrears with respect to payments, and with the express reservation of all our legal rights, we are entitled: a) to demand, in addition to the payment, the legal late payment interest for each day from the date of payment deadline, b) to withdraw from the contract regarding the performance of any balance of the order without setting a reasonable time limit and withhold the amount of the price paid as a penalty, c) to suspend or cancel further delivery of products.
- Any delivery of products on credit is subject to retention of title in favour of our company until full payment, as expressly set out in the supporting documents of the products sold under these conditions. For as long as the products belong to our company, they may not be disposed of in any way or be included among the assets or property subject to seizure.
- Unless otherwise expressly agreed with the customer in writing, the products are delivered Ex Works Incoterms to our company’s facilities in Ano Liosia, whereupon the risk of accidental damage, loss or deterioration of the products passes from our company to the customer. In any case, upon delivery of the products, the customer shall inspect the products and their packaging in detail to confirm that there is no damage. In order to make any claim for damage, the customer should note on the accompanying transport documents (bills of lading, consignment notes, etc.) that the product has been damaged or deteriorated, and take the relevant photographs. After five (5) days from the date of delivery, it is considered that the customer has accepted the products unconditionally. In case of product repair, if it has been agreed for the customer to pick up the repaired product from our facilities, and within seven (7) days of the repair and the relevant notification or the expiry of the deadline set for collection, the customer does not come to pick up, we have the right to ask for compensation for storage costs and ship the product to the customer at his own expense.
- The delivery times agreed upon are merely indicative and not binding on us. The delivery schedule may be extended due to force majeure or disruption to the operation of our company or distribution services or due to the inability to supply the product from another dealership or sales outlet. In such cases of late delivery of the products for reasons not attributable to our fault, our company is released from the obligation of timely delivery and the delivery time is extended accordingly.
- The warranty we provide for the products covers manufacturing defects. Subject to the provisions of applicable law, our warranty obligations are limited to (in each case at our discretion) repairing or replacing free of charge any products found to be defective, to the exclusion of any other compensation. In order to prove the product defect, the customer must deliver to us the defective product and all relevant evidence. In any other case, the return or exchange of products is excluded. Our warranty liability is limited to repairing or replacing the product provided that it has been used in accordance with the instructions for use. Cautious use of the product in accordance with the instructions for use and specifications is the customer’s responsibility. Any direct or indirect loss of profits, revenue, business or data is not covered by the warranty and we are not responsible for them. The warranty does not cover any damage due to normal wear and tear or causes beyond our control. Such causes include indicatively, but not exclusively, damage caused by the customer, improper storage, misuse, insufficient maintenance, non-compliance with product specifications as specified in instructions for use, markings, etc. For products not manufactured by us, the respective supplier’s warranty applies.
- Repairs are carried out in accordance with DIN and EN specifications or other applicable standards. A repair cost estimate is given only after a special request from the customer and is approximate only, without being an exact determination of the cost of repair. Upon undertaking the repair and completing the preliminary inspection of the product, the customer is notified of the final cost of repair and any spare parts for approval. In the event that the customer does not wish for the repair to be carried out due to cost or other reasons, he undertakes the obligation to fully pay the cost of the preliminary inspection as well as the cost of shipping the product.
- We and our partners shall not be liable for any non-fault delay in delivery or non-fault breach of the sales contract or terms relating to the pickup of products to be repaired or any verbal instructions. We are also not responsible for cases of use of our products contrary to the relevant instructions and relevant specifications or for any case where the customer will act out of malice or negligence. In any case, our company’s liability in relation to products that do not conform to the requirements of the sales contract cannot be higher than the invoice value of the products sold.
- The customer’s personal data may be collected and processed by our company for the purposes of managing orders and sales. The data included in this processing are mainly the customer’s first name, last name, address and contact details. These personal data will be retained throughout the duration of the relevant contract and archived in accordance with applicable law. The customer has the right to access his personal data, rectify them or request their deletion and object to their processing or request the restriction of processing. The customer can exercise his rights by sending a request to [email protected].
- These terms are governed by Greek law. For any dispute arising between our company and the customer, the courts of Athens are exclusively competent. These terms supersede any previous conflicting terms. If any of these terms or part thereof is or becomes invalid, the remaining terms will remain in effect.
