General Terms and Conditions of Commercial Transactions (GES)

  1. General
    • The following General Terms and Conditions of Commercial Transactions are part of every commercial agreement entered into by the Company (hereinafter referred to as the Seller)
    • Agreements with a Customer (hereinafter referred to as Buyer) that are contrary to the GTCs are not recognised unless the Seller has expressly accepted each of them individually and in writing.
    • The Civil Code of Greek Law and the respective laws and conventions governing intra-frontier trade and international trade take precedence over the GTAs
  2. Offers – Orders
    • The Seller’s offers in terms of price, quantity, delivery time may be modified due to the need to adapt to fluctuations in raw materials, without notice.
    • Orders placed by the Buyer that have been certified by the Seller in writing are binding on the Seller
  3. Pricing
    • The quantities delivered and the services provided at the time of invoicing are invoiced in addition to the value added tax (VAT)
    • 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.
  4. Payments
    • The Buyer must comply with the payment method indicated on the sales invoice
    • In case the Buyer’s invoices are overdue, the Seller may proceed with all legal means in order to collect the debt.
    • VAT on invoices is paid by the25th of the following month regardless of the invoice’s net value payment agreement
    • Payment by cheque must be agreed prior to the Seller’s order certification to the Buyer.
    • Expenses arising from cheques without endorsement are borne by the Buyer
    • A valid payment is one where the money is in the bank account of the Seller.
  5. Deliveries of Goods
    • The Seller tries to supply the Buyer with his goods as soon as possible.
    • The delivery date may vary +/-5 days except in exceptional circumstances.
    • In case of deviation from the scheduled delivery date due to force majeure, the Seller is not responsible
    • The delivery day is the day the Buyer receives the goods at his warehouse.
    • The Seller is entitled to proceed to partial delivery with the consent of the Buyer
    • In the event that delivery is delayed more than 8 weeks from the agreed date the Buyer may withdraw from the contract
    • Force majeure includes: unforeseen interruptions in the operation of the business, fire, floods, earthquake, weather conditions, strikes, shortages of raw materials, etc.
  6. Terms of Delivery
    • The Terms of Delivery refer to the offer and consequently to the Seller’s order confirmation to the Buyer and form part of the contract.
    • The GSCs 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 Carrier: The Seller delivers the goods to the carrier indicated by the Buyer at a pre-arranged place. The Buyer from the moment of delivery to the carrier assumes ownership of the cargo and the risk of transport, as he will be solely responsible for their transport to the final destination.
    • DAP – Delivered at Place – Deliverable at the place of destination: The Seller undertakes the transport 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
    • 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
    • Sharing of obligations and risk between the buyer and the 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 complied with the obligations arising from the contract, including secondary claims, such as claims for damages and cheque collection.
    • 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 fulfil its obligations to 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 default on the part of the Buyer in notifying the last Buyer and assigning his claim, we shall be entitled, by virtue of our fiduciary ownership of the goods not yet paid for, to proceed directly against the final Buyer and demand delivery of the goods or payment of 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.
  2. Printed Goods
    • The Seller is not liable for any copyright etc. in relation to printed products ordered by the Buyer.
    • Non-infringement of third party rights is the sole responsibility of the Buyer
    • The Seller must have written confirmed approval from the Buyer before printing the final product
    • Small 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 retains 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
  2. Characteristic Properties and Defective Goods
    • The goods have an actual 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 normally 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 was carried out by the Seller defectively or the defective installation by the Buyer is due to the Seller’s failure to provide correct instructions
      • An actual defect or lack of conformity which is discovered within one month of delivery shall be presumed to have existed at the time of delivery, unless this is incompatible with the nature of the goods, defect or lack of conformity.
    • If at the time of the risk the thing has a real defect or lacks quality the buyer has the right to claim :
      • Correction of the goods, or
      • Replacement of the goods or
      • Reduction of the price or
      • Withdrawal and
      • Cumulatively with one of the above rights, compensation for damage not covered by it or
      • In addition to the above, compensation for non-performance of the contract
      • All of the above is based on the legislation
    • The Buyer’s rights due to actual defects or lack of agreed quality shall expire after two years for movable
    • 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 means, in case of doubt, that the statute of limitations for defects or deficiencies that occurred within the deadline begins from the moment they occurred
    • The length of time that the conservative proof requested by the Purchaser lasts interrupts the limitation period
    • The Seller may not invoke the limitation period in the preceding articles if he has fraudulently concealed or suppressed the defect or lack of the agreed property
  3. Technical advice, Utilisation and Processing
    • The Buyer is obliged to check the products delivered to him by the Seller for their suitability for the intended use despite the technical advice provided by the Seller.
  4. Trademarks
    • Use of Seller’s trademarks must be authorized in writing by Seller.
  5. Applicable law
    • The competent courts are responsible for any dispute
    • If the order for the dispatch of goods is given by telephone or by fax or e-mail, the place of contracting is deemed to be the Seller’s place of business.