G. Klangides & T. Kyriakides Ltd
Trading Terms and
- “Trading terms and conditions” refers to the present trading terms and conditions for the providing of products or/and services of G. Klangides & T. Kyriakides Ltd.
- “Company” refers to the G. Klangides & T. Kyriakides Ltd company, registered in Cyprus in accordance to the Companies Law, Cap. 113, and licensed by law.
- “Customer” refers to a person (fictitious or natural) who aims to establish a business relationship or carry out an individual transaction with G. Klangides & T. Kyriakides Ltd, which has a financial or other activity in or from the Republic.
- “Actual Owner” refers to the natural person or natural persons, which ultimately possess or control the fictitious or/and natural person on behalf of whom the transaction or activity is taking place.
- “Merchandise” or “products” refers to the merchandise or products that are provided to the Customer by the Company in accordance to the Trading Terms and Conditions.
2.1 The offered prices do not include the VAT (unless specified otherwise). The VAT percentage that will be charged will be the legal percentage valid on the day of the product delivery.
2.2 Our offers are valid for 30 days (unless specified otherwise).
2.3 The offered prices include delivery services between 07:30a.m. – 16:30p.m., Monday to Friday (unless specified otherwise).
2.4 Unless specified otherwise, the offered prices are only indicative and the final prices that will be charged will be the current prices on the delivery day.
2.5 At any moment before the delivery of the products our company has the right to reassess the prices in order to cover any possible increase on the cost of the product supply.
3. PRODUCT DELIVERY
3.1 The delivery time is only by approximation.
3.2 In case we are unable to deliver the product within a reasonable period of time, then you have the option (after informing us in writing) to cancel your order, but:
- 3.2.1 the order cancellation will not be valid if we receive your written request after we have already dispatched the products
- 3.2.2 if you cancel your order, you cannot have any other claims.
3.3 If you accept your product delivered after the calculated reasonable time period, it is understood that you will not have any other claims (including direct or indirect loss of profit, or possible increase of the prices beyond the offer).
3.4 We have the right to deliver the product in parts.
3.5 We have the right to refuse the delivery of a product if:
- 3.5.1 we believe it is unsafe, illegal or unreasonably difficult to execute
- 3.5.2 the delivery point (or the access to it) is unsuitable for our vehicles.
3.6 We have the right to charge for product storage if you do not accept the product delivery at the agreed time of delivery.
3.7 In case that the actual owner is absent during the time of delivery of the products, he or she will accept any delivery signature, by any member/shareholder, manager or employee of the customer.
4. COMPLETION OF THE MERCHANDISE UNLOADING PROCESS
4.1 You are obliged - without any cost for us - to:
- 4.1.1 unload the product immediately, as soon as our vehicles arrive to the delivery point.
- 4.1.2 to provide a telescopic vehicle or winch if necessary
- 4.1.3 to ensure that during the unloading all laws and regulations of safety and health at work are being followed, as they are defined by the Ministry of Labour and Social Insurance.
4.2 We have the right to extra charges if the access to the delivery point that you indicated is restricted or/and if the delay in unloading the products on your part is beyond the reasonably allowed limits.
5.1 The merchandise always travels on behalf of the customer and at their own risk.
5.2 The delivery takes place either at your work place or at the place or address you will be indicating.
5.3 You will have to inspect the product on delivery. If there are any worn materials or materials that are not delivered in accordance to the Way Bill or/and W.Bill-Invoice, then you must inform us in writing in under three days of the delivery date. Afterwards, we need to be given the opportunity to inspect the material in the condition it was delivered.
6. PAYMENT TERMS
6.1 We accept payment in cash, cheques or credit/debit cards.
6.2 Invoices’ payoff within 60 days from the date of their issue (unless there is a written agreement between the 2 parts).
6.3 If you fail to pay us in the above period of time then we will be impelled to:
- 6.3.1 cancel or end any future product deliveries
- 6.3.2 cancel any discounts we might be providing
- 6.3.3 apply to the provisions of Legal Act N.123(I)/2012 (“European Communities Regulations 2012 for Late Payment in Commercial Transactions and other relevant issues”).
6.4 We have the right at any given moment and without warning to withdraw the credit limit we provide, or reduce the amount of the credit limit, or shorten the time limit of payment of the amount due.
6.5 You do not have the right to withhold any amount you owe us, as against any amount you believe that you can get as compensation.
6.6 For the time period during which you owe us money we have the right to withhold property that you can provide as collateral until the full payment of the amount due.
6.7 If you fail, as a fictitious person to payoff your dues to our company then you are bound that the actual owners of the fictitious person will become responsible and G. Klangides & T. Kyriakides Ltd has the right to take legal measures against both the fictitious/natural persons and their actual owners without damage to our rights, as they are defined by the provisions of the Law of the Republic of Cyprus.
6.8 If you violate the trading terms and conditions of our company then, in case we take legal action against you, we will ask from the court to be given compensation for any remaining collection costs, like for example lawyer expenses etc.
7.1 Until you fully pay the amount due to our company:
- 7.1.1 all the products remain to our ownership
- 7.1.2 all the products must be stored and maintained in a condition that will allow them to be recognizable as property of our company
- 7.1.3 all the products must be insured to our benefit
you can use or sell the products within your operation, but
- a. we retract your right to do so
- b. you declare bankruptcy
7.2 You have the obligation to inform as in writing in case you declare bankruptcy.
7.3 If your right to use or sell the product is terminated then you will have to allow us to remove the products from your work place.
7.4 We have your authorization to enter any place our products are stored in, either for check up or in case your right for their use or sale has been terminated, in order to move them using reasonable means.
7.5 Despite the perseverance of ownership of the products on our side, we have the right to use all legal measures against you if the amount due is not paid on the agreed date.
7.6 You are not our representative. You do not have the right to arrange any deals on our behalf.
7.7 Trademarks: The logos of our company and all the titles, characters, names etc are registered trademarks or/and recognition marks of our company or any other form of ownership of our company and their use for any reason is not allowed, unless we give our written consent.
8.1 We guarantee that our products:
8.1.1 are in accordance to the description mentioned in the Way Bill or/and W.Bill-Invoice.
8.1.2 do not include any kind of defects like termites, beetles etc
8.1.3 natural products, like wood, can differ in shape or colour than the samples you will be given
8.1.4 if we are asked by any customer to deliver products of a certain quality or/and certain kind we do not guarantee that the specific kind/quality is suitable for the use the customer will attempt.
8.2 If you believe that our products are defective then you must inform our company in writing in under three days from the delivery date
8.3 If the products are found to be indeed defective then we have the right to either repair them or replace them or return your money, given that the products will be returned to us even if defective.
8.4 We are not responsible for any neglect or further damage that can be caused from defective products after their use by the installers.
8.5 When we are not the manufacturers of the merchandise, our responsibility is limited only on the guarantees (and refunds) the suppliers of the products might be offering us.
9. PRODUCT SPECIFICATIONS
9.1 If we prepare the products based on your specifications or instructions you will have to ensure that:
- 9.1.1 The specifications or instructions are accurate
- 9.1.2 The product which will be prepared based on your specifications or instructions will be suitable for the purpose for which you will use it
- 9.1.3 Your specifications or instructions will not be a violation of any copyright of others or infringement of any law or regulation.
- 9.1.4 You are responsible for retesting your specifications or instructions to ensure that they are in consistent with your respective demands.
9.2 We have the right to:
- 9.2.1 make any changes to the specifications of the products you are providing in order to ensure their accordance to safety rules
- 9.2.2 slightly modify – without warning – product specifications when we believe it is necessary or wanted.
10. PRODUCT RETURNS
10.1 We accept the return of our products only:
- 10.1.1 under our consent (in written form)
- 10.1.2 after cost coverage on your behalf for the return of the products (i.e telescopic vehicle or winch)
- 10.1.3 if the products after their return are in the same condition as when they were delivered and can be resold
11. ORDER CANCELLATION
11.1 You cannot cancel an order unless it is agreed in writing (the conditions 3.2.2 and 11.2 are also valid)
11.2 If your order is cancelled then you will have to pay for the entire product (either in its final or semi final form) that you had ordered, based on your specifications or instructions.
11.3 We have the right to suspend or cancel the order, after written warning, if:
- 11.3.1 you fail to fulfil any obligations (i.e. overdue balances) to our company
- 11.3.2 you declare bankruptcy
- 11.3.3 you fail to fulfil any obligations resulting from the trading terms and conditions of our company.
12. DISCLAIMER AND DEVIATION
12.1 Any disclaimer or deviation from the terms and conditions of our company will be binding only if:
- 12.1.1 It is in written form and signed by both parties
- 12.1.2 the written agreement, clearly defines which of the terms and conditions can be modified
12.2 All the product orders from our company are subjected to the present trading terms and conditions (and to their modifications or replacement). It is understood that you will renounce any of your terms and conditions that are not in accordance to these.
13. FORCE MAJEURE
13.1 If we are not able to fulfil our commitments towards you (or if we can but with unreasonable cost) due to conditions beyond our control, we have the right to suspend or cancel any binding without any other obligation.
13.2 Examples of such conditions include natural disasters, storms, war, fire, strikes etc.
14.1 The present trading terms and conditions are governed and are interpreted pursuant to the laws of the Republic of Cyprus.
14.2 For the resolving of any difference that might occur under the trading terms and conditions, jurisdiction will be given to the competent courts of the Republic of Cyprus
14.3 Please note that we have the right to give your personal information to anyone we might appoint responsible, i.e. lawyers or legal advisors for the collection of your overdue amounts towards our company
14.4 The entire trading terms and conditions of our company are valid right after the signing of any document of our company, like the Way Billor/and W.Bill-Invoice etc.