Interpretation of expressions
Within the following terms and conditions of sale, unless the context otherwise states, the below mentioned expressions have the following definitions:
1.1 UNINDUSTRIAL LP, hereafter reffered to as the “company”, was established in 2020 in Greece, with a goal to sell and supply and/or repair a wide range of new and/or refurbished industrial equipment and parts as well as provide the associated services for repairs.
1.2 Industrial equipment, hereafter reffered to as the “equipment”, is all the electrical, electronic or mechanical, machine, device or part sold and supplied to any other party as well as all the equipment used by any other party, on which the company has performed repair work and/or replaced parts on.
1.3 The purchaser, client or other party, hereafter reffered to as the “client”, is any natural or legal person with whom the Company signs an Agreement for the sale and supply or repair of equipment.
1.5 Supplier, manufacturer, hereafter reffered to as the “supplier”, is the natural or legal person or company that supplies UNINDUSTRIAL LP and / or manufactures all the industrial equipment (machines or parts) that the company in turn supplies, refurbishes or repairs.
1.4 Agreement, is the signed acceptance of the client of the company’s offer / quote / proforma invoice, for the sale and supply of new or refurbished equipment and parts and/or repair of his existing equipment, under the company’s general terms and conditions.
1.5 Repair, are the repair works in general carried out by UNINDUSTRIAL LP on the client’s equipment for the benefit of the client, in which the aim is to get the equipment to function correctly again.
1.6 Replacement, is the replacement of parts by UNINDUSTRIAL LP in order to ensure the correct functioning of the client’s equipment.
1.7 Repair work, is the labor and/or part replacement, performed by UNINDUSTRIAL for the benefit of the other party.
1.8 Defect, is any defect observed by the client which has been confirmed by the company in the repair work carried out and/or product supplied by UNINDUSTRIAL LP.
1.9 Normal use, is the use of the equipment recommended by the manufacturer of the equipment. In case this is not described by the manufacturer, normal use is considered to be the use as generally considered common, or how a reasonably acting user must use the equiment.
1.10 Warranty period, is the warranty period stated by UNINDUSTRIAL LP to be applicable on the repair or the sale of the delivered product.
1.11 Business Day refers to any day except Saturday, Sunday or public holiday
General Terms and conditions of sales
2.1 The present terms and conditions of sale, shall apply to all offers and / or quotations and / or sales and / or repair works offered by UNINDUSTRIAL LP to any client, firm or company or person of a company.
2.2 The company shall supply and the client shall purchase the goods of industrial equipment and/or services of repair and repair works in accordance with the quotation / proforma invoice which shall be subject to the present terms and conditions only. UNINDUSTRIAL terms and conditions always prevail in all agreements, repairs and repair works performed, irrespective of the client’s or any other third party’s own terms and conditions.
2.3 If any term or any part of any term of these Terms and Conditions should for any reason become invalid, as a whole or in part, this shall not affect the validity of the remaining terms of these terms and conditions, or of the remaining portion of the relevant term of sale.
2.4 The same terms and conditions shall also apply to all agreements that UNINDUSTRIAL LP is involved for which execution will have to be assigned to third parties.
2.5 UNINDUSTRIAL LP reserves the right to alter the terms and conditions at her own will in any given case with a different agreement with a client in writing, a right which does not imply that these terms and condiotions fully or partly cease to be valid in all other cases.
Quotations and Agreements
3.1 All quotations issued by UNINDUSTRIAL LP are based on the information and representations provided by its respective suppliers, therefore they do not form binding documents for the company. UNINDUSTRIAL LP waives any claim for any alteration of any such quotation, which is not confirmed in writing. Agreements alterations and / or cancellations, shall only become binding for UNINDUSTRIAL LP when these have been confirmed by the company in writing, prior to the client’s order. The client in any case, is binded by his order, whether or not UNINDUSTRIAL confirms the Agreement in writing. An order may not be cancelled by the client unless there is a new agreement accepted in writing by the company, always on the terms that the client shall reamburse the company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the company as a result of such cancellation.
3.2 All specifications provided for the industrial equipment quoted and/ or repaired by UNINDUSTRIAL LP , are also based on the information and representations provided by its respective suppliers and as such are intended as a guide only and are not binding for the company, they do not form an obligation for the company and are subject to change without prior notice. These will only become binding for UNINDUSTRIAL LP once they become part of an Agreement with a client in writing.
3.3 UNINDUSTRIAL LP reserves the right to refuse to provide quotations and / or accept orders, or can request additional conditions to be fullfilled for entering into an agreement. No order submitted by the clilent shall be deemed to be accepted by the company unless and until confirmed in writing by the company’s authorised representative.
3.4 Sales literature and other documents are also based on the information and representations provided by its respective suppliers, and as such are intended as a guide only and are not binding for UNINDUSTRIAL LP, in respect to the above they do not form an obligation for the company and are subject to alteration without any notice. In addition such represantations do not constitute confirmed offers to sell the industrial equipment or services. Any missprint or other accidental error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or any other document or information issued by the company shall be subject to correction without any liability.
Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the and shall not be binding on the Supplier
Basis of execution of an agreement
4.1 UNINDUSTRIAL thrives to execute all agreements in the best possible way in regards to its strict quality standards and within the time frame quoted in the agreement. Nevertheless the above conditions are always subject to the quality and availability of parts supplied to the company by its suppliers. Therefore in cases with deviations in the quality and the time frame of the agreement, UNINDUSTRIAL LP is commited to inform the client as quickly as possible regarding the progress of the sale or repair and / or will review each case of a quality problem and will, if it is deemed fair, perform the repair again for the benefit of the client. In any instance though the company will not be liable for any type of costs, transport charges, loss of profit and / or loss of sales or any other potential cost incurred by the client due to the progress of the sale and / or repair of its equpiment.
4.2 Should the execution of any Agreement proves to be impossible for any reason, UNINDUSTRIAL LP shall be entitled to dissolve the Agreement without being held liable for any sort of damages towards the client. The client on the other hand is also not liable to UNINDUSTRIAL LP for any fee.
4.3 UNINDUSTRIAL LP is not obliged to follow the instructions of the client in the execution of an agreement. Instructions that would amend or supplement the content or scope of the services provided by UNINDUSTRIAL LP will be reimbursed on top of the agreed services and in accordance with the standard UNINDUSTRIAL LP rates.
4.4 Should the execution of the Agreement by UNINDUSTRIAL LP, takes more time or incurs more costs than could reasonably be expected, either for example due to more expensive parts required or incorrect information supplied by the customer or due to changes to the original agreement after the completion of the Agreement, UNINDUSTRIAL LP reserves the right to increase the agreed price by a reasonable amount.
5.1 All UNINDUSTRIAL LP prices shown on the quotations, proforma invoices, invoices etc of either products or services are, unless otherwise stated and / or agreed, expressed in euros (€) and excluding of VAT.
5.2 UNINDUSTRIAL LP, will charge its standard rates for the products or services, unless agreed otherwise. The price of the equipment and services shall be the price listed in the company’s quotation valid at the date of acceptance of the client’s order or any other price that may be agreed in writing by the company and the client.
5.3 UNINDUSTRIAL LP, can provide a fixed quote for any sale and / or repair. If there is a deviation from this quote, UNINDUSTRIAL LP will inform the client and subsequenty will charge its standard prices for the additional hours and parts used.
5.4 Urgent orders are subject to additional fees to the standard price.
5.5 UNINDUSTRIAL LP, reserves the right to alter any prices of products, parts or services quoted at any time.
5.6 UNINDUSTRIAL LP, reserves the right in case of cost increases between the time of the acceptance of the agreement and the completion of the agreement, to increase the price accordingly, so that the additional cost is completely absorbed. Cost increases include, but are not limited to, cost increases arising from increases or changes in wages, expenses, taxes, duties, fees, freight, levies, prices for raw materials and energy, as well as exchange rate fluctuations, increases in the fees charged by the suppliers or legislative changes. The client has the right to cancel the agreement for the part not yet executed, within five days from the date that UNINDUSTRIAL LP has informed him for the price increase, except to the extent that the price increase is the result of a legislative provision.
5.7 Any agreement entitles UNINDUSTRIAL LP to enforce additional charges for additional works performed by the compan
6.1 UNINDUSTRIAL LP standard payment term, is payment in advance for all sales of industrial equipment, parts and services, unless otherwise stated in the agreement. The client cannot expect and / or assert any right regarding the execution of the agreement prior to the agreed advance payment confirmation.
6.2 Any postdated invoices agreed and issued by UNINDUSTRIAL LP must be paid in full within the mentioned timeframe on the invoice. The client shall pay the price of the goods or services (less any discount or credit allowed by the company, without any other deduction, credit or set off) before any order is placed or otherwise in accordance with the credit terms that may have been agreed in writing between the client and the company and stated in the agreement. Payment shall be made on the due date notwithstanding that delivery or provision may not have taken place and/or that the property of the goods has not passed to the customer. The time for the payment of the costs shall be that stated in the agreement. Receipts for payment will be issued only upon request. All payments shall be made to the company as indicated on the form of acceptance or invoice issued by the company. The company is not obliged to accept orders from any customer or buyer who has not supplied the company with references satisfactory to the comany. If at any time the company is not satisfied as to the creditworthiness of the client it may give notice in writing to the client that no further credit will be allowed to the client in which event no further goods or services will be delivered or provided to the client other than the ones against cash payments, and with the precondirtion that all amounts owed by the client to the company are immediately paid in cash.
6.3 The client is obliged to report any inaccuracies observed in the provided or listed payment data to UNINDUSTRIAL LP without any delay.
6.4 Should the client fail to pay any postdated invoice in time, he shall immediately legally be in default without further notice of default being required, and he shall owe interest at the rate of 1% per month on the invoice amount, with effect from the date on which he is in default until the moment of payment of the full amount.
6.5 All judicial and extrajudicial collection costs associated with the collection of any claim on
the client, shall be at his expense. The extrajudicial costs shall at least amount to 15% of the invoice amount (or amounts) with a minimum of €500.00. These amounts are payable without further notice.
6.6 Payments by or on behalf of the client shall be applied consecutively to cover the due extra-judicial collection costs, court costs, payable interest and thereafter in order of age, the outstanding principal amounts, regardless of contrary indications by the client.
6.7 The client shall not be allowed to withhold its payment obligation (or obligations)towards UNINDUSTRIAL LP, to settle and/or compensate this with a claim by the client on UNINDUSTRIAL LP, on whatever account, without the written consent of UNINDUSTRIAL LP.
Delivery and risk of transport
7.1 The products to be supplied by UNINDUSTRIAL LP shall be deemed as delivered at the time the goods leave the UNINDUSTRIAL LP premises or warehouse as well as when the products are collected on behalf of the client, following the anouncement that the goods are ready for collection at UNINDUSTRIAL LP premises or warehouse.
7.2 Following the delivery as referred to in the aforementioned paragraph, the products are for the account and risk of the client, also when UNINDUSTRIAL LP is responsible for the transport, unless agreed otherwise. UNINDUSTRIAL LP is entitled to charge shipping costs to the client, as a whole or in part. Shipping costs for urgent deliveries are entirely accountable to the client.
7.3 Delivery of the equipement shall be made by UNINDUSTRIAL LP delivering the goods to the place specified in the quotation / proforma invoice or if no place of delivery is specified, by the client collecting the goods at the company’s premises at any time following notification of the company to the client that the goods are ready for collection. UNINDUSTRIAL LP determines the appropriate shipping method in each case, in order to meet to the best of its knowledge its delivery obligations of the agreement. Should the client requires different shiping method, he is as a result entirely responsible for the expense and risk of the delivery.
7.4 The client is obliged to accept and/or collect the products/equipment sold to or repaired for him at the first presentation. If the client fails to fulfil this obligation or any part of it, and/or if the client fails to provide any instructions, documents, licences, consents or authorisations required to enable the goods to be delivered, automatically entitles UNINDUSTRIAL LP to set a new time frame for the acceptance and/or collection. If the client still does not collect or accept the goods within this final timeframe, he imediately entitles UNINDUSTRIAL LP to charge additional costs to the client, including storage costs and insurance charges arising from failure to deliver. In addition UNINDUSTRIAL LP shall in that case be entitled to cancel the agreement and/or to claim damages.
7.5 The delivery date is an approximation only. The goods may be delivered by the Supplier in advance of the Delivery date.
7.6 If UNINDUSTRIAL LP fails to deliver the equipment of an agreement or provide the repair works on the agreed delivery date other than for reasons outside the company’s reasonable control or the client’s or its carrier’s fault, should the company deliver the goods and/or provide the services at any time thereafter shall have no liability in respect of the late delivery.
Exchange of refurbished parts policy
8.1 At the request of the client for exchange of equipment, UNIDUSTRIAL LP can deliver a refurbished part if available, in order to replace any defective part for a quick response. UNINDUSTRIAL LP will charge in this instance the standard selling price of the same part. After receipt of the defective part from the client, UNINDUSTRIAL LP will perform the repair and can subsequently credit the client any difference that will arise between the sale price of the replacement part and the exchange price of the defective part (hereafter referred to as the exchange compensation).
8.2 The client is entitled to the exchange compensation only if the defective part is delivered to UNINDUSTRIAL LP within one calendar month after the signed agreement, and only if the defective part can reasonably in terms of cost be repaired by UNINDUSTRIAL LP, at the company’s judgement.
8.3 Following an exchange compensation, the exchanged defective parts become property of UNINDUSTRIAL LP. The delivery of the defective parts to the locations designated by UNINDUSTRIAL LP shall be binding and decisive for the transfer of ownership.
8.4 In submitting a defective part, the client declares that he has the right of ownership on the defective part, that the defective part is free of any lien or any surety law, that the property is not burdened by the rights of third parties and that the client is entitled to have the defective part.
8.5 UNINDUSTRIAL LP reserves the right of the evaluation of the repair costs on the defective part and the subsequent amount of the exchange credit unless it is agreed otherwise. Whether and to what extent the defective part is repairable shall only be at the company’s discretion and judgement.
8.6 UNINDUSTRIAL LP can decide not to perform a repair of a defective part and simply send a replacement part to the client. In that case, the company reserves the right to decide to charge the client the repair price of the defective part. This possibility is only at the company’s discretion
9.1 The client is obliged to have the products, delivered or repaired by UNINDUSTRIAL LP, examined immediately after delivery.
9.2 Should any external defect or damage to the packaging and/or product is observed, the client should inform UNINDUSTRIAL LP for the nature and the extent of the damage in writing, providing supporting material and their point of view for the possible cause of damage as well as photos of the damage, within 10 days after delivery. Immaterial deviations in design, such as small colour differences, or small material defects such as scratches, shall never form the basis of a complaint.
9.3 Complaints concerning defects that are not externally observable, must also be made to UNINDUSTRIAL LP in writing, within 10 days after discovery, but at least before the expiry of the applicable warranty period.
9.4 If the client does not submit a complaint within the applicable time frame or in the required described manner, the delivered goods shall be deemed to be accepted and approved unconditionally by the client, and any claim against UNINDUSTRIAL LP is deemed to be void.
9.5 A complaint concerning a specific agreement shall never postpone the payment obligations of the client.
9.6 If it is proven that a complaint was unfounded, all the resulting costs of UNINDUSTRIAL LP, including the inspection costs, costs on the part as well as the shipping costs etc shall all burden the client.
10.1 During the warranty period, UNINDUSTRIAL LP guarantees the correct operation of the product that has delivered and/or the repair work that the company has carried out on the product itself. If the client is of the opinion that there is any kind of defect in the product delivered or any kind of defect in the repair work performed by the company, he must immediately inform the company in accordance with the provisions of Article 9.1 to 9.6.
10.2 The client must in any such case, following agreement with UNINDUSTRIAL LP, return the defective product to the company for further inspection, at its own expense, under penalty of cancellation of the warranty.
11.1 Orders from clients outside of UNINDUSTRIAL LP country of residence, can incur additional charges for import duties and taxes. Clients in this case are solely responsible for all the import charges and responsible for all procedures enforced by their local customs authorities for the clearence of the goods. Prices quoted by UNINDUSTRIAL LP are exclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the goods and services, which the client shall be additionally liable to pay to the company.
11.2 The client is the importer and as such should ensure that the purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival for customs purposes and as such UNINDUSTRIAL LP can not guarantee that the packaging of the goods will be intact.
UNINDUSTRIAL LP may at the company’s discretion assign the complete or a part of the agreement for a repair service and/or may sent all or part of the equipment of a client to any person, firm or company without the prior consent of the client. The client shall not be entitled to assign the agreement or any part of it without the prior written consent of the company.