TRADING TERMS AND CONDITIONS

TRADING TERMS AND CONDITIONS OF G. KLANGIDES & T. KYRIAKIDES LTDΫPOSITIONS G.KLANGIDIS & T.KYRIAKIDIS LTD

  1. TERMS
    «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» means the natural person or natural persons who ultimately own or control the client and/or the natural person on whose behalf a transaction or activity is carried out.

«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.

  1. PRICES
    • 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
    • Our offers are valid for 30 days (unless specified otherwise).
    • The offered prices include delivery services between 07:30a.m. – 16:30p.m., Monday to Friday (unless specified otherwise).
    • 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.
    • 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.
  2. PRODUCT DELIVERY
    • The delivery time is only by approximation.
    • 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:
      • the order cancellation will not be valid if we receive your written request after we have already dispatched the products
      • if you cancel your order, you cannot have any other claims.
    • 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).
    • We have the right to deliver the product in parts.
    • We have the right to refuse the delivery of a product if:
      • we believe it is unsafe, illegal or unreasonably difficult to execute
      • the delivery point (or the access to it) is unsuitable for our vehicles.
    • We have the right to charge for product storage if you do not accept the product delivery at the agreed time of delivery.
    • 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.
  3. COMPLETION OF THE MERCHANDISE UNLOADING PROCESS
    • You are obliged - without any cost for us - to:
      • unload the goods immediately upon arrival of our vehicles at the delivery site.
      • to provide a telescopic vehicle or winch if necessary
      • 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.
    • 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.
  4. DANGER
    • The merchandise always travels on behalf of the customer and at their own risk.
    • The delivery takes place either at your work place or at the place or address you will be indicating.
    • 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.
  5. PAYMENT TERMS
    • We accept payment in cash, cheques, credit/debit cards and bank transfers. Any amount owed to our company is payable at our offices at 52 Lefkosias Str., 2540 Dali, Nicosia, until full and final payment.
    • Invoices’ payoff within 30 days from the date of their issue (unless there is a written agreement between the 2 parts).
    • If you fail to pay us in the above period of time then we will be impelled to:
      • cancel or end any future product deliveries
      • cancel any discounts we might be providing
      • invoke the provisions of Legal Act N.123(I)/2012 (“European Communities Regulations 2012 for Late Payment in Commercial Transactions and other relevant issues”) and any of its amended Acts.
    • 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.
    • 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.
    • 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.
    • If you fail, as a fictitious person to pay-off 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.
    • 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 legal/attorney expenses etc.
  6. OWNERSHIP
    • Until you fully pay the amount due to our company:
      • all the products remain to our ownership
      • all the products must be stored and maintained in a condition that will allow them to be recognizable as property of our company
      • all the products must be insured to our benefit
      • you can use or sell the products within your operation, but not when:

a. we retract your right to do so

b. you declare bankruptcy

  • You have the obligation to inform as in writing in case you declare bankruptcy.
  • 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.
  • We have your authorization to enter any place our products are stored in, either for inspection or in case your right for their use or sale has been terminated, in order to move them using reasonable means.
  • 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.
  • You are not our representative. You do not have the right to arrange any deals on our behalf.
  • 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.
  1. GUARANTEE
    • We guarantee that our products:
      • coincide with the description on the Delivery Notes and/or Sales Invoices - Delivery Notes
      • do not contain any kind of defects such as termites, beetles, etc.
      • Natural products such as timber may differ in appearance or colour from the samples you will be given
      • If we are requested by any customer to deliver products of a certain quality and/or of a certain type, we do not guarantee that the specific type/quality is suitable for the use that the customer will attempt.
    • If you believe that the goods are defective then you must notify our company in writing within three days of the date of delivery
    • If the goods are found to be defective then we have the right to either repair, replace or refund your money provided that the goods are returned to us, even if defective.
    • We are not responsible for any negligence or further damage that may be caused by defective products after their use by installers.
    • Where we are not the manufacturer of the products our liability is limited only to the warranties (and indemnities) that the suppliers of the materials may provide to us.
  2. PRODUCT SPECIFICATIONS
    • If we prepare the goods to your specifications or instructions you must ensure that:
      • The specifications or instructions are accurate
      • The goods which will be prepared according to your specifications or instructions will be suitable for the purpose for which you will use them
      • Your specifications or instructions will not infringe any intellectual property rights of others or violate any law or regulation.
      • You are responsible for re-checking your specifications or instructions to confirm that they comply with your respective requirements.
    • We have the right to:
      • make any changes to the specifications of the products you provide to us to ensure that they comply with safety regulations
      • make, without notice, minimal modifications to the product specifications that we believe are necessary or desirable.
  1. RETURNS OF GOODS
    • We accept product returns only:
      • with our consent (in writing)
      • after covering the cost of returning the goods (e.g. telescopic handler or vignette)
      • whether the goods are returned in the same condition in which they were delivered and can be resold
  1. CANCELLATION OF ORDERS
    • You cannot cancel an order unless agreed in writing (however, conditions 3.2.2 and 11.2 apply)
    • If the order is cancelled then you will have to pay us for the whole of the goods (either in their finished or unfinished form) that you ordered based on your own specifications or instructions.
    • We have the right to suspend or cancel the order, upon written notice, if:
      • you fail to meet any obligations (e.g. overdue balances) to our company
      • declare bankruptcy
      • you fail to fulfil your obligations under our commercial terms and conditions. 
  1. WAIVER AND DEROGATION
    • any waiver or departure from our terms and conditions will only be binding if:
      • is in writing and signed by both parties
      • clearly, the written agreement shall specify which of the terms and conditions are subject to variation
    • All orders for goods from our company are subject to these terms and conditions of sale (and any changes or replacements thereof). You are understood to waive any of your own terms or conditions that are inconsistent with these.
  2. HIGH VIOLENCE
    • If we are unable to fulfil our commitments to you (or if we can but at unreasonable cost) due to circumstances beyond our control, we have the right to suspend or cancel any commitment without further obligation.
    • Examples of such circumstances include natural disasters, natural disasters, natural disasters, war, fire, strikes, etc.
  3. GENERAL
    • These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
    • The competent courts of the Republic of Cyprus will have jurisdiction to settle any dispute arising under the commercial terms and conditions.
    • Please note that we have the right to provide your personal information to those we may appoint to be responsible, e.g. lawyers or legal advisers, for collecting your outstanding debts to our company.
    • All of our company's commercial terms and conditions apply once any of our company's documents such as Shipping Note, Shipping Note - Sales Invoice, etc.