General Terms & Conditions of Sale

General Terms & Conditions of Sale

These TERMS & CONDITIONS OF SALE, hereinafter referred to as “Terms”, apply to all, including future, sales, commissions, services in which we are in the position of seller or distributor or service provider. By signing the form “Order Form” or “Dispatch Note – Sales Invoice”, the customer simultaneously accepts these Terms.

The employees of the company, as they do not represent the company, are not authorised to sign binding declarations for the company. Any modification of these terms and conditions shall be evidenced only in writing. Customer orders are valid only upon written confirmation by the company. Any verbal agreement as well as any modification or addition to a private agreement is only valid upon written confirmation by the company.

Pricing and payment

1. The agreed price is fixed and based on the current exchange rate as determined by the Bank of Greece, international exchange rates and applicable legislation. The prices for each sale are those agreed in writing with the customer and stated on the “Order Form”.

2. VAT, as determined by law, is calculated at the time of issuing the invoice and charges the prices accordingly.

3. For each sale, the credit limits (time and method of credit, maximum time limit of open balance) that the seller has determined for the customer apply.

4. The seller reserves the right to modify the credit limits (permanent or temporary) in order to safeguard his interests and the operation of his business.

5. Customers will be notified of any change or modification in reasonable time before placing an order under the new conditions.

6. In the event that the customer has exceeded his credit limit, the seller reserves the right to take the following actions:

– Delay or cancel the customer’s outstanding order

– To terminate the relevant sales agreement with the customer

– To cancel the customer’s order to cancel the contract or cancel the customer’s contract with the seller

– Charge interest on arrears

– To stop sales to the customer in question upon written notice to the customer

Delivery time

1. The customer bears the risk for partial or total loss or destruction of the goods during their transport to his place of business or to another place indicated by him by private means of the customer.

2. Upon receipt of the goods, the customer shall be obliged to pay for them in accordance with the credit terms agreed and the prices indicated on the relevant tax document.

3. The seller is not obliged to compensate the customer for any cause of non-timely delivery of goods for reasons related to delay of means of transport and general arrival from abroad, delay in the customs clearance procedure since the sales agreement remains valid and the customer waives the right of withdrawal for any reason. Cancellation of the sale is justified only for reasons of force majeure. Any governmental decision concerning the legal circulation of motorised vehicles does not constitute force majeure and even in this case the seller is not obliged to compensate the buyer.

4. If delivery of the goods on a specific date has not been agreed and the delivery time has been specified in our offer or order confirmation, this (delivery time) may be delayed by one week. Before the customer takes legal action for damages for non-fulfilment of the seller’s contractual obligations, the parties may agree on a reasonable extension of the seller’s obligation to deliver the goods.

The customer is responsible for the transport of the goods, whether they are shipped in parts or in groups, even if we are responsible for finding the carrier and paying him. Upon written request by the customer the goods will be insured by us at the customer’s expense against the risks of theft, breakage, any damage during transport, fire, flood and any other insurable risk.

5. If the dispatch of the goods is delayed for reasons for which the customer is responsible, then the cost of storage of the goods and any risk related to their storage is transferred to the customer from the date when the goods were ready for dispatch. Nevertheless, we are obliged at the request of the customer and at his own expense to keep the goods insured. If delivery is delayed by more than 4 weeks for reasons of customer liability, we are entitled to cancel the contract and assert our legal claims.

Notice of defects, claims for defects and compensation for breach of obligations

1. The customer must inspect the goods immediately upon receipt and if a defect is found he must notify us in writing without undue delay. Otherwise, the goods shall be deemed to have been accepted to the extent that a defect can be established by a simple inspection.

2. The company shall not be liable for any positive or consequential damage to the customer in connection with the above cause.

Customer Withdrawal

The company shall not be liable to compensate the customer for any cause whatsoever due to non-delivery of the machine due to delayed production, arrival from abroad, delayed customs clearance and issuance of all kinds of administrative permits and approvals, since in these cases the order remains absolutely valid and the customer hereby waives the right of withdrawal for these reasons.

Retention of ownership

1. The buyer is obliged, as soon as he is called, to take delivery of the goods. In the event that payment in instalments has been agreed, the customer shall sign a private agreement to this effect with the usual transactional terms, which shall include the special provision of retention of title in accordance with the provisions of the Civil Code.

2. The delivery to the company of bills of exchange or cheques does not imply payment for the goods.

3. Ownership of the goods shall pass to the customer upon full and final payment of the sales invoice issued.

Payment is deemed to be:

– Payment in cash and

– The timely payment of all securities that the customer / buyer delivered to the company.

– In the event of late payment of one or more invoices and as long as the goods have been delivered to the customer, our company may request a reversal of the sale and return of the goods to the head office and then credit the customer.

Service provision

In the event that our company provides only services to the customer, the provisions of the Greek Civil Code governing the provision of services shall apply, provided that these General Terms and Conditions of Sale apply accordingly.

Final provisions

1. This contract is governed by the applicable Greek law. The place of performance of the services for the obligations arising from this contract is Athens, Greece

2. The Courts of Athens shall have jurisdiction to hear any dispute arising from the application of this agreement.

α) If the contracting party is an enterprise or a legal person under public law or a special asset under public law,

b) If the contracting party does not have its registered office or residence in Greece; or

(c) After the signing of this Agreement the registered office or residence of the counterparty is transferred outside Greece or is of unknown residence.

3. In the event that a provision of these General Terms and Conditions is invalidated, the validity of the rest of the contract shall not be affected. The contracting parties are obliged to replace the invalid provision with another provision without prejudice to the intended economic effect of the invalid provision.

4. The parties agree to the terms hereof without limitation or qualification.

DECLARATION OF CONSENT TO THE PROCESSING OF PERSONAL DATA

to ERGON TZANIDAKIS LTD, with registered office in Egaleo, Attica, Tax ID 095199460 & No. 00496701000, hereinafter referred to as the “Company”.

With this declaration I provide my express consent, as the personal data concerning me and declared by myself or my legal representative, which are necessary for the initiation, maintenance and execution of my business relations with the Company, be lawfully processed in accordance with the General Data Protection Regulation (EU) 2016/679 in force as of 25/05/2018, hereinafter the “GDPR”, as applicable and in accordance with the Company’s Personal Data Protection Policy, which is posted on the Company’s Website and which details the types of personal data that will be requested from me depending on the reason for processing. I am aware that the Company processes personal data that it receives or becomes aware of from a third natural or legal person or public body and which are necessary either to achieve the legitimate interests of the Company itself or of a third person, or for the fulfilment of its tasks performed in the public interest (e.g. the Interbank Information System Tiresias S.A., tax and insurance bodies).In order to protect trade credit and transactions, to assess my creditworthiness and the credit risks assumed and to limit fraud, the Company has access to my data that may be included in the records kept by the limited liability company BANKING INFORMATION SYSTEMS S.A. under the name of TEIRESIA S.A. I have been informed by the Company that I may, at any time, exercise the rights provided for by Regulation (EU) 2016/679, including the right to information and access, rectification, erasure (“Right to Erasure”), restriction of processing portability and the right to object to processing, as described in detail in the applicable legislation.

I am further informed that I have the right to withdraw my consent to the processing of my personal data within the framework of the applicable data protection legislation. Please note that the withdrawal of consent can be done by sending an email to tzanidak@otenet.gr and will only have effect for the future and not retroactively.