GENERAL TERMS AND CONDITIONS (GTC) OF PRIMESTEEL
- DEFINITIONS AND INTERPRETATION:
In these Terms (unless the context otherwise requires), the following words and phrases shall have the meanings assigned to them below:
“Terms” means these terms of sale.
“Contract” means a contract for the sale of products concluded by or on behalf of PRIMESTEEL (“Business”, “we”, “us”) with the party to whom we supply products/services (“you”) following our acceptance of an Order.
“Products” means all kinds of industrial, metal and wooden doors, windows and their frames, metal structures, metal frames, metal casing systems, metal framing systems, fire-rated doors, fire-resistant door systems and fire-resistant glazing systems.
“Services” means the representation and brokerage for the sale of all kinds of metal structures and parts thereof, metal doors and windows and their frames, subcontracting works within the framework of the manufacturing process of metal structures and parts thereof, as well as those provided under a Contract.
“Order” means an order for Products and/or Services received by us from you.
“Business Day” means any day from Monday to Friday which is not an official public holiday in the country where we are established.
- APPLICATION:
These Terms shall govern every Contract between us for the supply or sale by us of Products and/or Services. In the absence of a written agreement between us expressly prevailing over any or all of these Terms:
2.1 No other term, regardless of origin, whether express or implied, whether contained in any order or arising otherwise by custom, practice or usual terms of trade, shall govern or have any effect on any Contract.
2.2 Your acceptance of the Quotation Form or submission of an order to the Company constitutes unconditional acceptance of these Terms.
2.3 Our quotations do not constitute an offer to enter into a contract and we reserve the right to withdraw or revise any quotation at any time before accepting an Order. Our acceptance of an Order shall be valid only if made in writing and signed by our authorized representative.
2.4 No statement appearing to be made by us in relation to the Products and/or Services shall be binding on us or constitute a term of any Contract or give rise to any liability on our part. If you wish to rely on any such statement, an express written agreement must first be concluded with us.
3. PRICE AND PAYMENT:
3.1 Payment of the invoice by you shall be made by named deposit into the Business bank account indicated on the invoice or into another bank account designated by us and shall be evidenced by the relevant bank deposit receipt. The goods sold shall remain our property until full payment thereof by you.
3.2 The price payable by you for the Products and/or Services shall be the price stated in a valid quotation or, in the absence of such, in our applicable price list, less any discounts agreed in writing. Our quotations are valid for 30 days unless otherwise agreed in writing. Copies of our current price list are available upon request. We reserve the right to change prices at any time.
3.3 Where applicable, we shall be entitled to add to the price of the Products and/or Services, and you shall pay, an amount equal to any sales tax or duty imposed from time to time.
3.4 Time for payment shall be of the essence. Unless otherwise expressly agreed in writing, payment terms are full payment of the net amount upon issuance of the invoice. In case of delay, statutory default interest shall apply irrespective of cause. No discount or set-off shall be permitted unless expressly agreed in writing or adjudicated by final court decision. Partial deliveries may be invoiced separately.
3.5 If you fail to comply with payment terms, we reserve the right to suspend further supply without liability. In case of termination before completion, we are entitled to charge costs incurred and full expected profit.
3.6 Payment shall be made in EURO (€) or, in case of currency change, at the applicable exchange rate set by the Bank of Greece on the date of payment.
- CHANGES IN SPECIFICATIONS:
4.1 We reserve the right to modify product design or specifications without prior notice. Documents containing specifications, weights, dimensions or images shall not form part of the Contract unless expressly agreed.
4.2 Accuracy of Data: The Customer bears sole responsibility for the accuracy of specifications, dimensions and drawings provided. The Business shall not be liable if Products do not meet performance criteria set by the Customer.
- FORCE MAJEURE:
Performance of any Contract term may be modified by written agreement. We may cancel without liability in case of events beyond reasonable control, including indicatively natural disasters, war, strikes, governmental acts, emergencies, fire, flood, earthquake, drought, storms, accidents, labor disputes, shortages.
- DELIVERY:
6.1 Delivery dates are non-binding unless expressly agreed. Unforeseen failures of machinery extend delivery time without liability.
6.2 Except where guaranteed in writing, no liability for delay shall arise.
6.3 We may deliver in installments treated as separate Contracts.
6.4 We may choose transport method unless otherwise agreed.
6.5 Failure to provide delivery instructions within 14 days allows storage at your risk and cost. Payments become due as if delivery occurred.
- LICENSES AND APPROVALS:
You shall obtain at your expense all required permits and approvals and provide evidence if requested. Failure does not entitle withholding payment.
- RETENTION OF TITLE AND RISK:
8.1 Risk passes upon delivery.
8.2 Ownership transfers upon full payment.
8.3 Until full payment, goods must be identifiable and not affixed to property.
8.4 Possession rights cease in insolvency events.
8.5 We may access premises to reclaim goods.
8.6 You must ensure goods can be removed without damage.
- OUR LIABILITY:
9.1 No liability for third-party manufactured goods except for gross negligence or willful misconduct.
9.2 For own products, liability limited to repair or replacement.
9.3 Customer must inspect goods and notify within 24 hours.
9.4 Suitability is Customer responsibility.
9.5 No liability for loss of profit or indirect damages.
9.6 Liability capped at contract value.
9.7 Customer responsible for order accuracy.
9.8 Liability limited to contract value or replacement.
- INTELLECTUAL PROPERTY:
10.1 No liability for infringement in international supply.
10.2 We may modify, replace or repurchase products.
10.3 We control defense of claims.
10.4 Customer indemnifies us for specification-based infringements.
10.5 All drawings and materials remain our property and cannot be shared.
- TERMINATION:
11.1 We may terminate for non-payment, breach, insolvency.
11.2 Upon termination, we may reclaim goods and demand payment.
11.3 Withdrawal by Customer entails cost recovery.
- CONFIDENTIALITY:
You must keep all information confidential. GDPR applies.
- GENERAL:
13.1 Invalid provisions do not affect others.
13.2 No assignment without consent.
13.3 Notices in writing.
13.4 No third-party rights.
13.5 No waiver.
13.6 Entire agreement.
13.7 Greek law applies. Courts of Greece have jurisdiction.