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Terms & Conditions
1. Any reference to Company/Seller/We/Us shall mean NESTOR TZOURDAS SA,
DA11, OT40, Industrial Park of Sindos, 57022 Thessalonica, Greece who
sell or supply specialist motor equipment and accessories in the course
of their trade or business.
2. Any reference to You/Buyer/Purchaser shall mean any person, sole trader,
partnership, business, body corporate or other entity detailed in the
appropriate section of the sales invoice/order form and shall include
all successors, heirs and assigns. Where the Buyer purchases in the course
of a trade, profession, vocation or sport (where the buyer is a specialist
or enthusiast), it is agreed that such a buyer shall mean a trade buyer.
Where a person deals entirely as a consumer, statutory rights shall remain
unaffected. Where the term buyer appears within these terms it shall mean
both trade and consumer buyer/purchaser unless specified as relating to
a trade buyer or consumer buyer individually.
3. Goods or equipment ordered shall mean the items detailed in the appropriate
section of the sales/order form and it shall be a core term of this agreement
that all additional parts, connecting components or ancillary items, not
detailed within the sales order form, shall be additional to this agreement.
4. Purchasers should note that prices quoted may vary during the currency
of brochures (upwards or downwards) and current prices are quoted at the
time of order.
5. In respect of orders placed via the Internet, such orders shall be
mere offers to purchase and shall not be accepted or binding upon the
Company until confirmed or acknowledged in writing by the Company by means
of invoice or statement confirming acceptance of your order or by despatch
of goods to you. Order acknowledgement sent by the Company subsequent
to the order and payment shall not amount to confirmation of order. The
Company reserve the right to refuse any offer to purchase prior to written
confirmation or despatch, where goods ordered become unavailable, the
price of goods varies or an error is made by the Company in the price,
description or for some other reason, whereupon a full refund of your
payment will be made to you, usually in the method you made payment to
the Company.
6. "Working day" shall mean any day excluding Saturdays, Sundays
and public holidays.
7. These conditions shall apply to all of the company's quotations and
contracts, orders (including telephone, facsimile transmittal, postal
and internet orders) for the sale or supply of goods accepted by the company.
For the trade buyer, any other terms or representations, whether implied
by statute, made prior to, collateral with or subsequent to the contract
or order are hereby excluded and shall not be binding upon the company.
8. Brochure descriptions, Web Site information, pictures and samples
on display are indicative only and any specifications, weights, measurements
and technical data (whether relating to performance or otherwise) have
been prepared by manufacturers and are for guidance only. Additionally,
parts or components pictured or described within brochures or websites
are for illustration purposes only and may vary in size, specification,
color and fitment dependent upon the make and model of your vehicle. Buyers
are therefore required to check current specification, colors, weights
and measurements with manufacturers or the Company, prior to order. Manufacturers
also allow tolerances within the manufacturer of their products and also
reserve the right to amend specifications, without notice, in order to
improve products or where amendment becomes necessary and the Company
shall endeavor to inform the Purchaser of any such amendment or change.
9. The company reserves the right to amend technical or clerical errors
in any order without notice. In addition, the buyer shall ensure that
all details contained within the order are correct prior to submission
to the Company. Subsequent to delivery, the Company shall accept no liability
for any error or inaccuracy in order unless notified of such error within
seven days of delivery/receipt of any document containing the said error.
10. All guarantees for products are provided entirely by the manufacturers
and are subject to terms contained therein. Purchasers are reminded to
complete and return all warranty cards/documents upon receipt of goods
where appropriate.
11. Advice given by agents or servants of this company during telephone/Internet
orders is based entirely upon information given by the purchaser with
no inspection undertaken. As such, all advice given is indicative only
and all such advice should be checked by the purchaser prior to order.
Where advice is given after visual inspection by agents or servants of
this company, such advice shall amount to an opinion only. Additionally,
goods supplied are supplied only to correspond to the purpose for which
goods of that kind are commonly supplied and not alternative uses to which
they may be put. No liability for failure can be accepted by this company
for such alternative use, amendment or modification.
12. For trade buyers, the company is hereby excluded from any liability,
howsoever arising, in respect of any express or implied condition, warranty
or term, statement, representation whether statutory or otherwise, relating
to the goods supplied. The trade buyer accepts that he is best placed
to insure against losses which arise by virtue of any breach of this agreement
and warrants that he carries adequate insurance in this respect.
13. Goods ordered by the Buyer may not be compatible with vehicles which
have been modified, adapted or altered. Where goods ordered by the Purchaser
are not compatible by reason of modification, adaptation or alteration,
the Company may accept such goods back into stock entirely at its discretion,
and shall either issue a refund or credit to the purchaser except where
goods are specifically ordered for the purchaser where no such refund
or credit will operate.
14. Where goods purchased by the buyer are alleged to be defective, the
purchaser agrees to return such goods to the seller for inspection and
report (without the seller replacing the said goods prior to such inspection).
The purchaser also accepts that it is reasonable to inform the seller
of any interruption, defect or other failure prior to contacting independent
third parties or incurring expense and, in addition, to allow the seller
to remedy the defect, failure or interruption. Parts modified or adapted
by the purchaser shall no longer be warranted by the manufacturer nor
shall the Company be liable for any failures resulting subsequent to modification
as a result of such modification.
15. Competition goods are supplied for specialist use and are subject
to extreme heat and stress whilst in use. Life expectancy and durability
are greatly reduced and purchasers should note that any claim for failure/wear,
shall not be entertained by the Company. It is acknowledged by the buyer
of such goods that the foregoing statement shall be a relevant and important
issue in any claim brought against the Company and the Company shall,
in turn, place importance upon this clause. In addition, parts connected
to parts supplied by this company may be placed under stress where specialist/competition
parts are used, and purchasers should take advice from experts prior to
purchase. Manufacturers may also limit guarantees when components are
installed for competition use.
16. Where goods are defective, incorrectly supplied, delayed or otherwise
in breach of the implied terms of the buyers statutory rights, all losses
which result from loss of competition points, awards, loss of entry fees
or other similar losses, are excluded and shall not be reclaimable from
the Company. In addition, the company shall accept no liability for death
or personal injury unless caused directly by the Companies own negligence.
17. No liability is accepted by the company where purchasers attempt
to modify or install components supplied where it is known or ought reasonably
to be known to the Purchaser that the part supplied is incorrectly supplied
or otherwise not in accordance with the order.
18. The company accepts no liability in respect of failure to supply
or other interruptions caused by matters beyond the reasonable control
of the company, including but without limitation, strikes, lockouts, civil
disputes, acts of God, war or actions by third parties.
19. Quotations are given on the assumption that no variation in the price
will be made by the manufacturer/sole importer and that Government levies
remain unaltered. In the event of such changes, the trade buyer shall
be liable for the full cost of any change without notice from the Company.
A Consumer Buyer shall be contacted by the Company and consent for any
price increase obtained. Where no such consent is obtained, the Consumer
Buyers agreement to purchase shall be treated as cancelled. Buyers are
hereby informed that calling down of smaller quantities of material than
ordered may increase the overall price per unit, there being reduced economies
of scale in order. The resultant additional cost shall be the buyers.
20. Ownership or Title to the product shall not pass to the buyer until
the company has received payment in full. In the event that sums owing
in respect of other items ordered remain due, apportionment by this company
shall take place without prejudice to the right to retain title or ownership
in respect of all goods ordered.
21. Delivery times will be quoted at time of order and all times given
for dispatch or delivery are approximate and time shall not be of the
essence. The Buyer further agrees to accept full liability in respect
of delayed or late delivery or dispatch prior to the expiry of any such
notice. In respect of special order goods, the buyer acknowledges that
further delays may occur. In any event, delivery times are approximate
and variable. When delivery is effected to the purchaser directly or to
an independent delivery contractor as agent for the purchaser, risk shall
pass to the buyer immediately.
22. The Buyer is required to notify the company, in writing, of any shortage,
misdelivery or other discrepancy immediately, or at the latest within
seven days of such shortage, misdelivery or failure, thereafter the buyer
shall be liable for any such discrepancy. Where delivery is effected to
the buyers own independent delivery contractor, loss or damage in transit
claims should be made directly to the carrier. The company will assist
purchasers in making their claim. Buyers should retain all packaging in
the event of a claim or return within the terms of this agreement.
23. Delivery and packing prices indicated within the Companies Brochures
and Internet Site are subject to change and will be confirmed at the time
of order. Buyers outside the Euro zone shall be quoted approximate prices
for delivery and packing prior to order confirmation. If required the
Company shall quote for delivery and packing in such instances and confirmation
of acceptance shall be required from the Buyer prior to acceptance of
order.
24. Clauses 25, 26, 27 and 28 below shall only apply to a person who
purchases goods as a consumer buyer and is resident within the European
Union where rights, which accrue by virtue of the Consumer Protection
(Distance Selling) Regulations, apply.
25. A Consumer Buyer shall have the right to cancel any contract for
goods made by means of distance communication, in accordance with these
Terms and Conditions, within seven working days of delivery of the goods.
Special order goods shall not be returnable under the terms of this clause.
Cancellation of the contract can be effected by service of a Written Notice
signed by the Consumer Buyer which details clearly the Companies Sales
Order Number and the name and address of the Consumer Buyer, and delivered
either by fax to the number printed on the Invoice or by post to the Company's
registered office.
26. If a Written Notice of Cancellation is received by the Company in
accordance with clause 25 the Consumer Buyer shall become liable to return
the goods to the Company forthwith, to such address as directed by the
Company in their original packaging (and without having been installed
or used and with all relevant seals and enclosures intact) and at the
consumer buyer's sole expense.
27. If the Consumer Buyer fails to return the goods in accordance with
clause 25 within 7 days of the cancellation of the contract, the Company
shall be entitled to collect the goods from the consumer buyer and to
recover any reasonable costs involved in such collection from the consumer
buyer.
28. The Company shall then affect a refund of any monies owing to the
consumer buyer in respect of the goods within 30 days from the date of
cancellation or receipt of goods by the Company. Such a refund will be
subject to any set off of monies to which the Company is entitled under
clause 27.
29. Goods purchased and delivered to the buyer otherwise than by means
of distance communication (including a Trade buyer) may be returned to
the Company in original packaging (and without being installed or used
and with all relevant seals and enclosures intact) for credit within 7
days of receipt by the buyer, subject to a restocking charge of not less
than 10% of the value of the order. Credit shall be subject to the buyer
producing proof of purchase and returning goods carriage paid. Special
order goods shall not be returnable by virtue of this clause.
30. The Trade Buyer shall indemnify the company against all actions,
claims, demands, penalties and cost brought by or incurred by third parties
or this company in tort, contract, infringements of or alleged infringements
of patents or registered designs or otherwise arising in connection with
the goods or their delivery or unloading or with work done by the company
in accordance with the buyers specifications.
31. The Buyer confirms that he/she shall comply with any or all rules
and instructions relating to installation and use of the product concerned
and fully accepts that any loss which results from forced, misdirected,
inappropriate or unqualified installation or use shall not be accepted
by the Company.
32. These terms and this agreement (including an agreement concluded
by means of distance communication) shall be interpreted in accordance
with Greek Law and industry custom and practice, and Greek courts (Thessalonica)
shall have sole jurisdiction in respect of any dispute arising there from.
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