GENERAL SALES TERMS
1. GENERAL
Sales performed by TEMAK S.A. (hereunder referred to as SELLER) are subject to the present GENERAL SALES TERMS.
Those terms that have been agreed otherwise in a specific acceptance of an order are excluded and constitute the special terms of this specific acceptance. Consequently, those terms that have not been accepted in written by the SELLER, are excluded.
For each order, the present GENERAL SALES TERMS are binding on the CUSTOMER as a whole.
Only our written agreements are binding on THE SELLER. If the CUSTOMER does not accept the SELLER’S offer within fifteen (15) days of its receipt, the SELLER has the right to cancel the offer.
Documents sent by the official e-mail address of the SELLER (e.g. the order confirmation, the debit and credit records, the account statements, the debt reminders) are valid and binding on both parties.
2. DELIVERY TERMS
The receipt of the goods by the CUSTOMER is held at the headquarters of TEMAK S.A., unless there is different written agreement between the parties. After the delivery of the goods, the SELLER has no responsibility for their transportation. The responsibility for the transportation, insurance and anything else arises, lies solely with the CUSTOMER.
3. PACKAGING
The packing of the products is selected by the SELLER. The return of the products, which have been delivered with a specific packing, won’t be acceptable, if not returned with their packing.
4. DELIVERY TIME
The delivery deadlines should be considered indicative and any delay in delivery does not give the right to the CUSTOMER to cancel or modify the order, without the written consent of the SELLER. The beginning of the delivery deadline is considered the day that the CUSTOMERS are notified for the collection of the goods, or the delivery day to the transportation company. Delivery deadline commences after the order is signed by the CUSTOMER and is valid from the moment the advance payment and all the necessary information for the execution of the order are given to the SELLER. As delivery day is considered the day of delivering the goods from the factory or the warehouse.
After 15 days from the written notice of the SELLER to the CUSTOMER that the order is ready, the SELLER has the right to either store the goods or send them to the place indicated by the CUSTOMER in his order at his charge and at his own risk (in this case the goods are considered received) or In this case, the CUSTOMER is responsible for the insurance and the transportation cost and, generally, the CUSTOMER undertakes the whole risk of shipping the products to withdraw from the part of the order that has not been executed and claim his full payment.
Regarding the goods to be delivered that have not been manufactured by the SELLER, the latter reserves about the proper and on time delivery.
The SELLER is not responsible for any delays due to force majeure, such as strikes, delays in transportation, fires, floods, non-delivery of the materials by the SELLER ’s suppliers, lockdown – even if it is partial to the factories of its suppliers, as well as in any other delay which is not due to SELLER’s intention or negligence.
In this case the execution of the order will be postponed until the cause of the delay is eliminated.
Upon receipt, the CUSTOMER must check the goods that have been delivered to find out if there are any defects.
Any complaint regarding the above must be submitted in written to the SELLER, within 7 days from the delivery date.
5. RETURN OF PRODUCTS
Return of products shall not be acceptable.
6. WARRANTY
Requirements for the construction defects or the defective materials are time-barred within 12 months from the delivery date, upon the following terms:
1) The SELLER guarantees the repair or, upon his discretion, the replacement of the goods or parts, which will be recognized solely by him as defective.
2) The SELLER must be notified for the defects within their warranty time and the products will be sent to the SELLER at the CUSTOMER’s expenses.
3) The SELLER will not be responsible in any case and the warranty will not be valid if the CUSTOMER or third parties make repairs or replacements of the products or parts of the products or use of consumables without the written consent of the SELLER. Any kind of compensation for modifications or repairs done in this way is excluded.
4) The warranty does not cover damage caused by improper use of the products and the technical instructions that rule the design, installation, adjustment, operation and maintenance of the products.
5) Any decline caused to the consumables due to use is not covered by the warranty.
6) The warranty is not valid if there are outstanding debts.
7) The warranty does not cover any damage caused by the continuance of operation of an already damaged installation.
8) The SELLER is not responsible for damages caused to people or things due to the use of products or any other damages, e.g. production loss, loss of profit or time, which is caused by the malfunction, improper use, repair or replacement of the products.
9) This warranty excludes any other warranty regarding the response of the products to the specific needs of the CUSTOMERS.
10) Any notification of defective products does not entitle the CUSTOMER to suspend his agreed engagements towards the SELLER.
7. PRICES
The prices mentioned in the SELLER’s pricelist do not include VAT, transportation cost, insurance cost etc., which are charged to the CUSTOMER.
The SELLER has the right to modify the prices of the pricelist at any time without notice.
In case the price calculation basis is modified till the delivery date, the SELLER reserves the right to adjust the prices accordingly. However, this only applies if the delivery deadline is longer than four (4) months and for price adjustments up to 10%. A new agreement is required for higher adjustment. In the event that no such agreement is reached, the SELLER reserves the right to terminate the contract within 14 days upon written notice.
8. PAYMENT TERMS
The payment must be made in accordance with the terms and date stated on the invoice and the agreement. In case of delayed payment, even if it is partial, the CUSTOMER will be charged with default rate.
9. ACCOMPANIED DOCUMENTS
Any document related to the characteristics of the product, such as drawings, weight, capacity, dimensions etc, is only for informational purposes and the SELLER is not liable for any inaccuracy of the included information. The SELLER can modify at any time any design, board, composition, materials, instruments etc, related to his products, without being obliged to notify the CUSTOMER.
10. ORDER
The SELLER reserves the right to cancel the order, whenever appears any information or data showing potential insolvency of the CUSTOMER, e.g. bankruptcy, reduction of property, change of legal form etc. Any deposit payed is non-refundable. For the products that have already been delivered, and for any other outstanding payment, the amount will be immediately receivable.
11. ORDER CANCELLATION
Any modification of order or cancelation of it must have the written consent of the SELLER, otherwise it will not be valid. In any case the deposit is non-refundable and the CUSTOMER will be responsible for financial or other damages caused by the cancellation of the order, for which he will have to compensate the SELLER.
12. MARKET GENERAL TERMS
Any clause or provision, which appears in the documents or orders of the CUSTOMER and is in contrast with any of the terms of this document, will not be able to oppose to the SELLER and will be considered invalid.
13. DISPUTES-APPLICABLE LAW
The Courts of Athens will be competent for any dispute related to the terms of this document. Applicable law shall be the Law of Hellenic Republic.
14. PARTIAL INVALIDITY
In the event that any of these General Sales Terms or any other agreement between the SELLER and the CUSTOMER is or is proved to be invalid, it will not affect the validity of the other terms and agreements. The contracting parties are obliged to replace any invalid term with a valid regulation which will approach the closest possible the financial result of the agreement.
15. PRIVACY
We point out to our CUSTOMERS, that their personal data is processed by the SELLER, who ensures with the appropriate technical and organizational measures that the processing is carried out in accordance with the Law and that the protection of the rights of the processed persons is ensured.
In the context of the execution of the order, specific data (name, address, accounting data and, if necessary, information on the non-compliant execution of payments by the CUSTOMER) can be transferred to the official providers of financial information, if the CUSTOMER is a legal entity.