General Sales Conditions
1. TERMS AND CONDITIONS GOVERNING THE PURCHASE
A. The buyer purchases and receives the mass catering equipment, and in general the products that the company offers (hereinafter " the Product") in a new condition, as shown to the buyer at the time of order receipt. Orders can be submitted by phone, fax, and e-mail.
B. The buyer has examined the product ordered in detail and in every aspect and has found it suitable for the intended use. No other agreements have been made regarding the properties of the product, other than those mentioned in the order confirmation and/or in the invoice.
C. The terms of payment of the products will be mentioned either in the invoice, the proforma invoice, or in the order confirmation. In case no payment terms are explicitly mentioned, it is hereby agreed that the applicable payment term shall be advance payment of the products´ price before delivery. In case of special orders pertaining to the method of manufacture or any optional equipment of the product, the respective cost will be paid in advance, together with the above mentioned minimum advance payment on the agreed price. In case of withdrawal on the side of the buyer after submission of the signed order, the seller is entitled to withhold any advance payment made, as a compensation and cancellation fee in his favour. Amounts paid in regard to special orders cannot be returned in any event.
D. By submitting a signed order, the seller undertakes to deliver and transfer the ordered product to the buyer.
E. The costs of shipping of the product from the seller’s premises to the buyer are borne exclusively by the latter, unless otherwise specified in writing in the order or proforma invoice. In particular, with the exception of a special and written agreement to the contrary, all product deliveries on behalf of the seller shall be done at seller’s premises (ex works) and shipping of the products shall be carried out on responsibility, control and in expense of the buyer.
F. The buyer shall pick up the ordered product within 30 calendar days. The respective terms shall initiate on the date on which the product will be ready for delivery, and which date will be mentioned in the relevant written notice addressed to the buyer by the seller or the date mentioned in the proforma-invoice or order slip. In case the buyer does not pick up the product within the above mentioned deadline, the seller is entitled to withdraw from the agreement, by delivering a written statement to the buyer. In the event of the seller withdrawing from the contract due to the buyer's arrears with respect to the pick-up of the product, the seller is entitled to withhold from, or charge the buyer 30% of the price of the order as compensation and penalty fee, which is hereby agreed as fair and reasonable. The seller has the right to claim greater compensation if seller proves that seller’s loss is higher than 30% of the order´s value. The seller bears no responsibility for the delay in the delivery of the product, as long as it is not due to its fault (indicatively, when the delay occurs due to work or supply of parts by third parties). In case the recipient of the product is a third party by order of the buyer, and if the latter either does not pick up the product from the seller's premises, or in case the third party refuses the pick-up of the product, as long as another method of delivery has been agreed, according to which transfer of the product shall be made by the seller, the buyer will be charged with all shipping costs and the seller will have the right to claim any other damages against the buyer. The seller's right to claim or withhold the amount of 30% of the order´s value remains intact and cannot be offset with other claims of the seller.
G. In case of even a partial credit of the price to the buyer, due to a special agreement, the product remains in the ownership of the seller until the settlement of all of the seller’s claims from the sale of the product. The seller is obliged to withdraw the retention of ownership, as soon as that the buyer has fulfilled all of the buyer’s obligations from the sale of the product.
A. The seller guarantees to the buyer, as the final recipient of the product, that the product will not show any defect in regard to the materials it is made of, or the assembly operations by the seller. During the warranty period, i.e. two (2) years from the date of delivery of the product to the buyer, within which period the seller is solely responsible for defects and lack of agreed properties, the seller or a technical support centre authorized by the seller will repair in their own premises any defective product, without any charge for labour or spare parts, so that the product´s good working order is restored (claim for correction). If the product cannot be repaired, then the seller shall deliver another product with the same functional properties to the buyer (claim for replacement). The claim for withdrawal or compensation is excluded, unless for any reason it is not possible to correct or replace the product in accordance with the above. Any other claim by the buyer, in particular with respect to defects in the product which are not related to the quality of the materials or the assembly operations (such as a malfunction of the product due to its misuse), is excluded.
B. The seller determines at seller’s own discretion and according to seller’s capabilities the manner, time and place of the repair of the product. The transfer and any insurance of the product to be repaired from the buyer's premises to the seller's premises or to the technical support centre authorized by the seller is at the buyer's responsibility and expense. The buyer must show the seller the relevant proof of purchase whenever requested.
C. Τhe validity of the above warranty is subject to the use of the product in accordance with the user´s manual included in the product packaging, and in a way that is reasonably expected for similar products. Any deviation from the instructions contained therein exempt the seller from the aforementioned obligations resulting from the warranty. Indicatively and not restrictively, any damage to the product is not covered by the warranty, if it is due to the following reasons:
- Poor or excessive use, improper maintenance or failure to comply with the product instructions;
- Poor connection / wiring, connection without grounding, or without the use of voltage stabilizer;
- Accidental damage, use of the product with negligence or ignorance, drop, exposure to extreme levels of temperature or humidity, use of water with very high salinity, vibrations, liquid spills, corrosion or damage during transport;
- Damage resulting from changes in the electricity network;
- In case of installation by an unauthorized technician or workshop;
- In case of conversion or repair by an unauthorized technician or workshop;
- If the serial number or the distinctive marks of the product have been altered, modified or removed;
- Glass or rubber parts, lamps, filters, resistors are not covered;
- The electronic parts of the product are not covered when the fault is due to network voltage fluctuations, lack of phase, for the avoidance of which care must be taken by the buyer;
C . It is pointed out that the seller sells its products only to businesses for professional use (B2B), and not to consumers for personal use. Therefore, where herein the General Terms and Conditions refer to a "buyer", it is always understood that buyer is a business and not a consumer. If for any reason a consumer gets into possession of the Product (e.g. after resale by the business buyer), it is expressly stated that the present cannot be construed as a commercial guarantee to the consumer, towards whom the seller does not assume any responsibility regarding the operation of the product, to the maximum extent permitted by consumer protection legislation.
D. Other remarks:
- This warranty is valid from the day of delivery of the new Product, and only for the buyer-business as final recipient. Subsequent buyers, to whom the product was resold, are not covered by the warranty. Used products are not covered by any warranty and the seller is not responsible for any defects or lack of agreed properties, but they are sold in the condition at the time and place of their purchase (“as is , where is ”).
- The restoration, modification or replacement of parts or spare parts during the warranty period, extends the warranty period for a respective period of time, but only for the specific component or spare part.
- if the buyer finds out that there is a defect or a lack of an agreed property, the buyer is obliged to send a detailed technical description of the problem to the seller in writing. Before sending this description to the seller, the buyer is not entitled to bring any claims against the seller that are provided for such cases in the present terms & conditions.
- The unjustified involvement of a technician is charged, even when the product is covered by the warranty.
- Installation, connection to power supplies, replacement of consumables (e.g. filters, lamps) and regular maintenance are not considered warranty services.
- In case of occurrence of the risk covered by the warranty, the seller in addition to the responsibility of restoring the good operation of the product under Art. 2.A., bears no responsibility for any further damages of the buyer, be it damage incurred or lost profit.
- If after the completion of the inspection of the product the buyer does not pick up the product within the reasonable period of one (1) month from its written or oral notice, then the seller a) bears no responsibility for any accidental, total or partial destruction of the product , b) shall bill buyer for storage costs, which will be calculated in the amount of ten (10) euro per day for each item and c) may consider the product as unclaimed after six (6) months after completion of the repair, so that in this case the ownership of the product will return to the seller without any right to compensation of the buyer and the seller will be entitled to dispose of it in any way the seller wishes.
- The seller is not responsible in case the product is used in a way that is not provided for by the construction specifications and instructions, in an inappropriate environment and under inappropriate conditions according to the user´s manual, and in a way that exceeds the reasonable limits of the expected function of the product.
- The buyer shall provide all reasonable facilitation, information, cooperation, facilities and access to the seller, so that the seller has the ability to perform seller’s duties, while in case of non-compliance with the above, the seller will be exempted from providing any service or support under warranty.
- In case of failure within the warranty period, the buyer shall inform the seller immediately and in any event within the warranty period.
3. APPLICABLE LAW - JURISDICTION
This agreement is governed by Greek law, with the exception of the rules of conflict of laws as well as the UN Convention for International Sale of Goods of 4.4.1980. The courts of the seller’s registered seat shall have exclusive jurisdiction for any dispute arising out of the application or interpretation of this Agreement.