Menu
Menu
If no agreements have been made to the contrary, the conditions of sale and delivery will apply to all merchandise and services supplied by us. By virtue of placing orders for merchandise or services, customers explicitly recognize the conditions of sale and delivery of Mivas L.P. Even if they have not been objected to or have been complied with, the customer’s terms of contract will not be recognized unless they have been acknowledged in writing by Mivas L.P. If our conditions of sale and delivery are already known to the customer, they will apply to future transactions even if not newly
communicated to the customer. Acceptance of our deliveries of merchandise or provision of services will be deemed to constitute recognition of our conditions. Collateral agreements will only be operative if we have confirmed them in writing;
The offers of Mivas L.P. are non-binding and without engagement. Mivas L.P. will only be bound by orders that have been acknowledged in writing or have been performed as a result of the forwarding of the merchandise.
will be pursuant to what has been contractually agreed. Partial shipments will be permissible, if agreed to in writing. In the event of delays in delivery claims for compensation on the part of the customer will be limited to the invoice value of the quantity of merchandise that has not been delivered in good time.
Deliveries will be made at the customer’s costs and risk. The risk will definitively pass to the customer with the dispatch of the merchandise. If the latter defaults in accepting delivery or if delivery cannot be effected for a reason for which the customer is answerable, the risk will definitively pass to the customer in this case too. Shipments to other countries will be made at the customer’s expense, the merchandise being made available “ex works free carrier”.
Unless otherwise agreed and confirmed by Mivas L.P. in writing invoices are payable within 30 days of the invoice date. In the event of a default in payment, the customer will be charged the respective legal default interest applicable at the time in question,
together with the cost of the debt enforcement proceedings.
The return of any merchandise delivered will only be accepted by Mivas L.P.,
if there is a defect in it. If merchandise is accepted for return on a goodwill basis, up to 20% of the invoiced value can be deducted to cover any expenses incurred.
Mivas L.P. gives a warranty for the quantity and uniform quality of its products. The buyer has to check immediately whether or not the merchandise supplied matches the contractual agreements in terms of quantity and quality and ensure that it is suitable for any area of application that may have been agreed on. If this check is neglected,
either completely or in part, or if a notice of defects is not filed within 3 days at the latest of the acceptance of the merchandise, the latter will be deemed to have been approved in respect of said defects and the area of application. Complaints will be ruled out under all circumstances if thinners, additives, or other components have been admixed that are
not Mivas L.P. products as well. No liability is accepted for defects resulting from improper storage, handling or application of products and in anyway after expiration of the durability date. Notices of defects are to be filed in writing and be accompanied by details of the invoice data and the batch number. Merchandise that is the subject of a
complaint may only be returned to Mivas L.P. with its explicit consent. At Mivas L.P. request, however, a sample is to be made available for test purposes. If the claim under the warranty is justified Mivas L.P. is entitled to choose either remedy or replacement delivery, the forwarding costs will be included. Notices of defects do not release the customer from its/his obligation to comply with the agreed conditions of delivery and payment.
At any rate, a prerequisite for claims under the warranty is that the customer furnishes proof of the existence of the defect upon delivery of the merchandise.
The utilization, processing and handling of Mivas L.P. products are operations over which it has no control and are the sole responsibility of the customer. Any applications-related counselling, including, in particular, advice given in leaflets and operating guidelines, is given to the best of its knowledge and is based, in each case, on the
state of the art and the scientific knowledge available at the time. Advice and recommendations are supplied without a guarantee as to their correctness, and will not serve to establish any legal, contractual relationship, or any collateral obligations deriving from the contract of sale, and, accordingly, it is the user’s own responsibility to carefully relate such advice or recommendations to the area of application and
processing conditions in each individual case. Consequently, nor will any applications-related counselling given verbally, in writing, or via tests release the buyer, in particular, from discharging any inspection obligations that are necessary or from meeting any protective standards that may apply. However, if liability for damages should come into effect, then it will be limited to the value of the merchandise delivered.
Mivas L.P. reserves title to the merchandise delivered pending payment in full. The customer may dispose of, process, or mingle the merchandise with other items only in the course of his/its regular business operations. If the merchandise subject to retention of title is resold, the purchase price thus obtained will be deemed to be assigned to Mivas L.P. for the purpose of covering the unsealed claim. If the merchandise is processed or mingled with other items, the retention of title will also be extended to cover the new product depending on the degree of processing or mingling. Neither
ownership-transfer of the merchandise subject to retention of title or ownership-transfer of claims on the same for purposes of security nor attachment of said merchandise will be permissible. The customer shall notify Mivas L.P. immediately if third parties intend to lodge claims regarding the merchandise subject to retention of title or to establish rights with regard to said merchandise.
7.1. If any provision of these General Terms and Conditions is null and void or unenforceable, the remaining provisions shall remain in full force.
7.2. Greek Law will be applicable. UN mercantile law based on CISG is explicitly ruled out.
7.3. Any dispute arising out of or in connection with the present agreement, including but not limited to any question as to the validity, interpretation or/and execution of this agreement, shall be resolved by the parties, before having recourse to the competent court or arbitration, through mediation, in accordance with the Mediation Rules
of the Arbitration and Mediation Center of the German Hellenic Chamber of Industry and Commerce, as same shall be valid at that point of me. Any dispute between the parties that may arise regarding the contractual obligations and the business relationship in general which is not being resolved through the aforementioned Mediation procedure, shall belong to the exclusive place of jurisdiction of Mivas L.P.’s registered office (Courts of Athens, Greece)
2023© All Rights Reserved. Designer by The Design Agency
