In the absence of any separate contractual agreements, Thermansys, as the supplier, shall effect deliveries and provide services exclusively under the terms and conditions set forth herein. Under no circumstances shall any contradictory terms and conditions of purchase of Purchaser become a part of the contract – and neither by acceptance of an order –, even if not expressly refuted. These General Terms and Conditions shall apply to both the present transaction as well as to any and all future business transactions.
Proposal and Contract
The information contained in price lists, catalogs and advertising media relating to Thermansys shall not represent any proposals. Such documents as illustrations, drawings, and measurements pertaining to a proposal shall be subject to change without notice and shall be only approximately definitive, unless they have been expressly stipulated as being binding. Verbal advice, collateral agreements and assurances of whatever nature shall be void unless they have been confirmed in writing by Thermansys as being agreed. In the absence of any special agreement, a contract shall only be deemed to have been entered into upon Thermansys’ written confirmation of order or upon delivery of the goods. Thermansys’s written confirmation of order shall be definitive with respect to the scope of and all further details relating to the supply; in the case of a time-limited proposal from Thermansys and its acceptance by Purchaser within the stipulated term, said proposal shall be deemed to be definitive in the absence of timely confirmation of order by Thermansys. Any collateral agreements or modifications shall require written confirmation by Thermansys.
Thermansys reserves all ownership rights and copyrights to its samples, plans, drawings and similar information as well as to any and all other documents; said items shall only be made available to third parties with the written consent of Thermansys.
Legal venue, applicable law
- Our company’s premises in Greece shall be the legal venue for any legal disputes that arise directly or indirectly from these conditions of purchase based on the contractual relationships. In addition, we shall be entitled to elect to bring action against the Supplier at the court of the place of its headquarters or branch or at the court of the place of performance.
- Greek law shall apply exclusively, excluding the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISC).
If the individual provisions of these conditions are or become invalid, the validity of the remaining conditions shall not be affected thereby.
Customer’s Obligation of Indemnification Should during the course of the repair/maintenance work outside the Thermansys factory, any equipment or tools provided by Thermansys be damaged or lost at the place of repair/maintenance through no fault of Thermansys, Customer shall be obligated to provide indemnification for said damage. Damage attributable to normal wear and tear shall not be taken into consideration in this regard.