The following Terms and Conditions of sale for our Company’s services shall apply to all deliveries of products and related services to any customer. All deliveries shall be subject to the present Terms, except where particular terms are agreed between our Company and the customer.
The prices of the products quoted are either for bulk or packed supply and shall be:
Our Company shall not be held liable if a Product normally indicated as available by the Physical Supplier is temporarily unavailable at a particular time. Temporary shortage of products may occur at delivery date, despite our Supplier’s efforts to have adequate stock available. Should a customer place an order or orders that exceed Physical Supplier’s usual lifting patterns, our Company reserves the right:
In no event can our Company be held liable for exercising its rights as described above.
When a delivery time is indicated, our Company will make reasonable efforts to deliver as soon as possible, but it shall not be held liable otherwise. Delivery may be canceled or postponed if weather conditions do not ensure safety conditions. Our Company should not be held liable for non-delivery owing to customary holidays or local restrictions and regulations. The customer shall bear all costs incurred by the Company if he or his representative refuses any or all quantities and products duly ordered.
In addition to the price of the products, the customer shall pay any relevant additional charges, as agreed, at the rates applicable at the time of supply for such work or services relating to but not limited to the following:
All payments for the delivery and other costs due shall be made with no set-off counterclaims or withholding whatsoever by bank transfer to the account shown on the Company’s invoice within the agreed days calculated from the date of delivery. All bank charges relating to the payment shall be paid by the customer. The customer shall inform our Company in writing once the payment is made, indicating the date of payment, the amount, the name of the paying bank and details of the invoice concerned.
If the customer has not paid any invoice by the due date, the Company may decide that no further delivery shall be made without prior payment and/or any and all amounts owed by the customer shall be deducted from any amount the Company might owe to the customer.
Without prejudice to the foregoing or to the Company’s other rights in any other respect, for any amount not paid in due date, our Company shall be entitled to demand:
Our Company reserves the right to claim complementary compensation for all other costs caused by the late payment over and above said fixed amount. At any time, our Company shall be entitled to set a credit limit on the customer’s account and to make future supplies conditional on the presentation of a guarantee acceptable to our Company or to demand payment in advance.
No default or omission by either party in the execution of the terms set out herein, except for the obligation of payment, shall give rise to any claim against the party concerned, or shall be regarded as breaking this agreement, if the cause of this default or omission is reasonably beyond the control of the said party. The party claiming to be excused under this reason shall give prompt notification to the other party and shall resume performance of its obligations hereunder immediately following cessation of the cause.
If during the term of the contract, due to circumstances beyond the control of the parties and unforeseen at the time of its execution, the economics of the contract undergo a major change which Is so detrimental to one of the parties that it is no longer in position to comply with the terms of the contract without suffering undue hardship, then the parties shall meet in view of determining by common agreement the measures which should be taken in order to remedy the effects of such circumstances, failing which the requesting party shall be entitled to terminate the contract after an one (1) month notice period starting from the date of the request, without payment of any indemnity to the other party. The requesting party shall fully substantiate its request.
If the delivery is the subject of a contract signed by an agent or by the customer on behalf of one or more principals, disclosed or otherwise, or by the customer in his own name and as agent of one or more other principals, this agent or customer, as appropriate, shall be, together with these principals or with these other principals, as appropriate, jointly and severally liable for the satisfactory execution of the contract.
The customer shall indemnify and hold our Company harmless against any direct or indirect action arising from a default by him, concerning applicable governmental or local regulations, losses of the product or damage to third parties or goods, loss of life or injury to persons caused by the customer.
Unless otherwise explicitly stipulated in the contract, our Company shall not be liable for any indirect, special, incidental or consequential damages, or for any intangible damages, including lost profits (whether direct or indirect), losses caused by business interruption, lost opportunities or loss of goodwill or reputation, whether or not caused by, resulting from, or related in any manner whatsoever to customer’s performance or failure under the contract.
Our Company’s liability shall be limited to the price of products/services it has supplied and been paid for and which have given rise to the claim.
Each party shall treat as confidential all information obtained as a result of entering into or performing the contract which relates to (i) the provisions of the contract, (ii) the negotiations relating to the contract or (iii) the other party. Each party undertakes not to disclose any such confidential information to any person other than any of its directors, officers, agents, sub-contractors or employees or to affiliates of the same group who need to know such information if it is strictly necessary in order to discharge his duties and to procure that any person to whom any such confidential information is disclosed to, complies with the restrictions contained in this clause as if such person were a party to the contract.
Notwithstanding the other provisions of this clause, either party may disclose any such confidential information:
The restrictions contained in this clause shall continue to apply after the termination of the contract governed by these General Terms for five (5) years.
Neither party shall assign its rights or obligations under the contract, in whole or in part, without the prior written consent of the other party, provided, however, that our Company shall be free to assign its rights and obligations under the contract to any of its affiliates. Notwithstanding the above, our Company may without the customer’s consent, assign all or a portion of its rights to receive and obtain payment under any contract. Any payment made by the customer to the payee specified in the Company’s invoice shall be in full discharge of customer’s payment obligations to our Company. No modification or waiver by either of the parties of any provision of the contract shall be effective unless made explicitly and confirmed explicitly in writing.
Any dispute arising from the contract, including questions concerning its existence, validity or cancellation, shall come within the exclusive jurisdiction of the Courts of Athens in Greece. The interpretation, validity and execution of the contract shall be governed by Greek Law.
