Terms of Sale

General Terms of Commercial Transactions (GTC)

  1. Generally
    • The following General Terms of Commercial Transactions are part of every commercial agreement concluded by the Company (hereinafter Seller)
    • Agreements with the Customer (hereinafter the Buyer) that are contrary to the GOEs are not recognized unless the Seller has expressly accepted each of them individually and in writing
    • The Civil Code of Greek Legislation and the respective laws and conventions governing trade within borders and international trade take precedence over the GEOs
  2. Offers – Orders
  • Seller’s offers regarding price, quantity, delivery time may be modified due to the need to adjust to fluctuations in raw materials, without notice
  • Buyer’s orders certified by the Seller in writing are binding on the Seller
  1. Invoicing
  • The quantities delivered and the services provided at the time of invoicing are invoiced in addition to value added tax (VAT).
  • The prices are valid (EXW), i.e. for delivery to the Seller’s warehouse.
  • The Seller is not responsible for price increases in transport for which he is not bound. The Buyer cannot withdraw from the contract due to an increase in freight for which the Seller is not responsible.
  1. Payments
  • The Buyer must adhere to the payment method indicated on the sales invoice
  • In the event that the Buyer’s invoices are overdue, the Seller may use all legal means to collect the debt.
  • VAT on invoices is paid by the 25th of the following month regardless of the agreement to pay the net value of the invoice
  • Payment by check must be agreed upon prior to Seller’s order certification to Buyer
  • Expenses arising from checks without a counter are borne by the Buyer
  • A valid payment is considered when the money is in the bank account of the Seller.
  1. Merchandise deliveries
    • The Seller endeavors to supply the Buyer with his goods as soon as possible.
    • The delivery date can have a deviation of +/-5 days except for emergency situations.
    • In case of deviation from the scheduled delivery date due to force majeure, the Seller is not responsible
    • The day of delivery is considered the day the Buyer receives the goods at his warehouse
    • The Seller is entitled to proceed with partial delivery with the consent of the Buyer
    • In the event that the delivery is delayed by more than 8 weeks from the agreed time, the Buyer may withdraw from the contract
    • Force majeure is considered: unforeseen interruptions in the operation of the company, fire, floods, earthquake, weather phenomena, strikes, lack of raw materials, etc.
  2. Terms of delivery
    • The Terms of Delivery refer to the offer and therefore the Seller’s order confirmation to the Buyer and form part of the contract
    • GOEPs are governed by Incoterms 2010
    • EXW – Ex Works – The Seller has the product ready (packaged for transport) outside his premises on the agreed date. The products are collected from there by the Buyer, who is solely responsible for any risk involved in the transport of the goods from the point of departure to the place of destination (risk of damage/loss), as well as for the related transport costs, taxes and duties.
    • FCA – Free Carrier – Free to the carrier: The Seller delivers the goods to the carrier indicated by the Buyer at a pre-agreed place. The Buyer from the moment of delivery to the carrier assumes ownership of the cargo and the risk of transportation, as he will be solely responsible for their transportation to the final destination.
    • DAP – Delivered at Place – Deliverable at the place of destination: The Seller undertakes the transportation to a specific destination, including all costs and risks, until the goods are ready to be unloaded by the Buyer at the place of destination. The Buyer covers the cost of importing the goods.
    • CFR – Cost and Freight : Value and Freight : The Seller delivers the goods on board and is obliged to pay the cost and freight for transporting the products to the port of destination. Risk of loss or damage passes to the Buyer at the time the goods pass the ship’s rail. The Buyer is also responsible for any additional expenses that may arise after the goods have been loaded and shipped. In addition, the Seller must provide the Buyer with all accompanying documents and bills of lading – drawn up on the basis of the sales agreement – to facilitate the unloading, customs clearance and completion of the transport process to its own premises
    • CIF – Cost Insurance and Freight – Value Insurance and Freight: As in CFR, the Seller is obliged to cover all the costs of transporting the goods to the port of destination, but he is also obliged to pay for the marine insurance of the goods (he can choose the minimum insurance). The risk of transportation is transferred to the Buyer after the goods are loaded on the ship and if he wants additional insurance, then he covers this additional expense himself. The Seller must send the Buyer all bills of lading so that he can complete customs clearance, importation and receipt of the goods at his premises
    • Division of liability and risk between buyer and supplier

http://humantec.gr/el/how-to/scm/diethneis-emporikoi-oroi-incoterms

  1. Retention of ownership
  • The transfer of ownership of the goods from the Seller to the Buyer takes place when the Buyer has fully met the obligations arising from the contract, including secondary claims, such as claims for compensation and collection of checks.
  • The Seller has the right, without granting an extension and without withdrawing from the contract, to require the Buyer to relinquish the goods subject to retention of title if the Buyer is unable to fulfill its obligations towards the Seller
  • In the event that goods subject to retention of title have been processed, the Buyer has been deemed to have acted on behalf of the Seller. The Seller retains its ownership which extends to the products resulting from the processing.
  • In the event that the Buyer sells the goods, we automatically become the owner of his payment claims arising from this sale. The Buyer is obliged to keep the amount due to us and to pay it to us as soon as we request it. In case of violation of this regulation, the Buyer is criminally liable.
  • In the event of a wrongdoing on the part of the Buyer regarding the notification of the last Buyer and assignment of his claim, we are entitled, from the fiduciary ownership we have in the still unpaid goods, to turn directly against the final Buyer and request the delivery of the goods, or paying the price directly to us
  • The Buyer is obliged to keep the goods subject to retention of title in good condition, to repair them at his own expense and to insure them.
  1. Printed Goods
  • The Seller is not responsible for copyright etc. in relation to printed products ordered by the Buyer.
  • Non-infringement of third-party rights is the sole responsibility of the Buyer
  • Seller must have written confirmation of approval from Buyer prior to printing the final product
  • Slight deviations during production are acceptable
  • Drawings and models prepared by the Seller remain the property of the Seller. The drawings and mock-ups provided by the Buyer to the Seller are returned to the Buyer.
  • The Seller keeps the drawings and models for at least 2 years from the Buyer’s last order
  1. Compensation
  • The compensation due to non-fulfillment of the contract includes 1) the positive damage and 2) the escape. Positive damages include, but are not limited to, the price paid, attorney’s fees. Positive damage also includes the claim for the return of any pre-paid price. An amount equal to the objective value, at the time of the action, which the buyer would have owned if the legal defect did not exist, is counted as collateral damage
  1. Characteristics and Defective Goods
  • The goods have a real defect or lack of agreed quality when the goods delivered do not correspond to the contract, and in particular:
      • If it does not correspond to the description, the sample or model proposed by the Seller
      • If it is not suitable for its usual intended use
      • If it does not have the quality or performance that the Buyer reasonably expects from goods of the same category. Public statements of the Seller, producer or agent are taken into account here, in particular in the context of the relevant advertising or labelling, unless the Seller did not know and should not have known the statement
      • If the installation is part of the contract and has been carried out by the Seller faulty or the faulty installation by the Buyer is due to the failure of the seller to provide correct instructions
      • An actual defect or lack of quality discovered within one month of delivery is presumed to have existed at the time of delivery, unless this is incompatible with the nature of the goods, defect or lack
  • If, at the time of risk, the item presents a real defect or lacks quality, the buyer has the right to demand:
      • Rectification of the merchandise, or
      • Replacement of the merchandise or
      • Price reduction or
      • Retreat and
      • Cumulatively with one of the above rights, compensation for the damage not covered by it or
      • In addition to the above, compensation for non-fulfillment of the contract
      • All of the above is valid based on the legislation
  • The Buyer’s rights due to an actual defect or lack of contractual capacity are time-barred after the expiry of two years for mobile
  • The statute of limitations starts from the delivery of the thing to the Buyer, even if the Buyer discovered the defect or lack of quality later. If a deadline for the Seller’s responsibility for a defect or lack of agreed quality has been agreed, this, in case of doubt, means that the statute of limitations for defects or deficiencies that occurred within the deadline begins from the moment they occurred
  • The time that the preservation receipt requested by the Buyer lasts interrupts the statute of limitations
  • The Seller cannot invoke the statute of limitations of the previous articles if he fraudulently concealed or concealed the defect or the lack of the contracted property
  1. Technical advice, Utilization and Processing
  • The Buyer is obliged to check himself the products delivered by the Seller for their suitability for the intended use despite the technical advice provided by the Seller.
  1. Brands
  • Use of Seller’s trademarks must be authorized in writing by Seller.
  1. Applicable law
  • The competent courts are responsible for any dispute
  • If the order for the shipment of goods is placed by telephone or via FAX or e-mail, the place of conclusion of the contract shall be considered the Seller’s registered office.
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