Terms and Conditions
PLEASE READ
THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to
the following terms and conditions and other applicable law. If you do not
agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the Greek and other
copyright laws, and is the property of Zafeiropoulos A. Georgios hereby known
as NorthPlastics.gr. The collective work includes works that are licensed to NorthPlastics.gr.
Copyright 2022, NorthPlastics.gr ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with NorthPlastics.gr or purchasing NorthPlastics.gr
products. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own non-commercial
use, or to place an order with NorthPlastics.gr or to purchase NorthPlastics.gr
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by NorthPlastics.gr. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service marks and trade names of NorthPlastics.gr used in the
site are trademarks or registered trademarks of NorthPlastics.gr.
Quotation
A quotation is not an offer and any order given in respect of a quotation shall not be binding on the Seller until accepted by the Seller in writing.
Offer to Sell and Acceptance
Seller offers to sell the components or parts described in the front upon these Terms and Conditions of Sale. These Terms and Conditions of Sale cannot be modified, cancelled, rescinded or waived except by a written agreement signed by both parties. Purchaser shall accept these Terms and Conditions of Sale by acceptance of the components or parts.
Prices
A. Prices quoted are net, exw Thessaloniki, Greece, unless otherwise stated.
B. Seller requires a deposit for the purchase of any complete big orders prior to processing the order. All deposits are nonrefundable.
C. Prices do not include any applicable taxes, shipping charges, or other charges. Purchaser shall pay any such taxes, shipping, or other charges upon receipt of an invoice from Seller.
D. Seller shall endeavor to maintain prices quoted but reserves the right to increase quoted prices according to any increases in costs which take effect between the acceptance and delivery of the order.
Terms of Payment
A. If payment is in arrears, the Seller has the right to withhold any further deliveries and/or to charge interest on all overdue balances. The Purchaser shall pay all accounts in full according to terms described on the front and not exercise any rights of set off or counterclaim against invoices submitted.
B. Any payment not made at the scheduled due date shall bear interest at the rate of 1.5% per month or at the highest lawful rate allowed in the applicable state, whichever is lower. Purchaser shall reimburse Seller for all costs and expenses, including attorneys' fees and court costs, incurred in collecting any amounts due.
Force Majeure
Seller shall have no liability to Purchaser for any loss, damage, or expense from any delay or failure of performance due to any cause beyond the control of Seller, including, but not limited to, fire, strike, accident, war conditions, government regulation or restriction, shortages in transportation, power, labor or material, freight embargo, riot or civil commotion or default of the supplier.
Warranty
Seller
warrants that any new racing component or part shall leave its premises and be
delivered to Purchaser in the highest possible condition. Any defective parts or components
shall be sold as b’ quality parts. Purchaser shall be responsible for
inspecting and testing any new racing component or part immediately upon
delivery. If any component or part is defective, Purchaser shall notify Seller
within ten (10) days of taking delivery and prior to the time that the
component or part is installed, modified, tested or raced. Any liability under
this warranty shall cease at the first time the component or part is installed,
modified in any way, tested or raced. ALL PARTS OR COMPONENTS ARE SOLD "AS
IS" WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THIS WARRANTY, AS
LIMITED HEREIN, IS THE ONLY WARRANTY EXTENDED BY SELLER IN CONNECTION WITH ANY
SALE AND IS EXTENDED TO PURCHASER ONLY AND NOT TO ANY SUCCESSIVE BUYERS, USERS,
THIRD PARTIES OR EMPLOYEES. ANY OTHER WARRANTIES WITH RESPECT TO THE PRODUCT,
WHETHER EXPRESS OR ARISING BY OPERATION OF LAW OR FROM ANY COURSE OF DEALING OR
TRADE USAGE OR OTHERWISE IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ANY OBLIGATION
HEREUNDER UPON BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT
OF DEFECTIVE PARTS OR COMPONENTS. IF NOTICE OF A BREACH OF WARRANTY IS GIVEN BY
PURCHASER AND EXAMINATION BY SELLER DISCLOSES A PART OR COMPONENT TO BE
DEFECTIVE UNDER ORDINARY AND NORMAL USE PRIOR TO ANY MODIFICATION, TESTING OR
RACING, PURCHASER WILL LOOK SOLELY TO MANUFACTURER FOR THE REPAIR OR
REPLACEMENT OF SUCH DEFECTIVE PART OR COMPONENT.
To the extent permissible under applicable law, Purchaser assumes all risk of and liability for, and shall defend, indemnify and hold harmless Seller and its Affiliates and their employees and agents from and against, any and all claims, damages, expenses (including legal and court fees), and liabilities for loss, property damage, death, injury or illness, arising out of Purchaser's possession, use, transportation or resale of the products sold under this Agreement. Purchaser shall rely on its own skill and judgment in relation to its possession and use of the products in whatever form. This indemnification obligation shall survive the termination of this Agreement for any reason.
Limitation or Damages
IN NO EVENT
SHALL SELLER HAVE ANY LIABILITY WHATSOEVER FOR PAYMENT OF ANY CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY LOSSES, DAMAGES OR EXPENSES OF ANY
KIND, INCLUDING ANY DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR
USE OF THE PRODUCTS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE PRODUCTS OR
THIS AGREEMENT AND WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH
OF WARRANTY, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY.
Purchaser Responsibility
A. PURCHASER ACKNOWLEDGES THAT ANY RACING COMPONENT OR PART WHICH MAY BE SOLD IS FOR NON-STREET USE AND THAT NO INSURANCE OF ANY TYPE HAS BEEN ISSUED IN CONNECTION WITH THIS TRANSACTION.
B. PURCHASER ASSUMES, AND SHALL BEAR SOLE RESPONSIBILITY AND RISK FOR ANY RACING OR TEST DRIVING BY THE PURCHASER OR PURCHASER'S EMPLOYEES OR CONSULTANTS. PURCHASER ACKNOWLEDGES THAT IT SHALL BE PURCHASER'S RESPONSIBILITY TO INSPECT AND TEST ALL PARTS AND COMPONENTS. PURCHASER ACKNOWLEDGES THAT RACING INVOLVES A HIGH DEGREE OF RISK AND THAT PURCHASER IS RESPONSIBLE FOR PROVIDING ANY SAFEGUARDS OR OTHER DEVICES NECESSARY TO UTILIZE ANY COMPONENT OR PART SAFELY. SELLER SHALL BEAR NO RESPONSIBILITY WHATSOEVER FOR THE FAILURE OF ANY COMPONENT OR PART.
Applicable Law
These Terms
and Conditions of Sale shall be construed in accordance with the law of the Greece.
The parties expressly agree that jurisdiction and venue of any action arising
under this agreement shall be in a court of competent jurisdiction in Thessaloniki,
Greece.
Limitation on Action
Any action
or suit against Seller arising in any way from this agreement or with respect
to any component or part must be commenced within one (1) year after the cause
of action has accrued.
Whole Agreement
The parties agree that there are no other agreements or warranties, except as contained in these Terms and Condition and any quotation. These Terms and Conditions and any quotations are the final, complete and exclusive expression of the parties' agreement.
WARNING
PARTS AND
COMPONENETS OFFERED BY SELLER ARE INTENDED FOR USE IN HIGH-SPEED
HIGH-PERFORMANCE RACING VEHICLES. THERE ARE RISKS AND DANGERS ASSOCIATED WITH
THE OPERATION AND/OR RACING OF HIGH-SPEED HIGH-PERFORMANCE VEHICLES, INCLUDING
A SIGNIFICANT POSSIBILITY OF SERIOUS PHYSICAL INJURY OR DEATH. THE PARTS AND COMPONENTS
WILL NOT WITHSTAND ALL FORESEEABLE IMPACTS THAT MAY OCCUR DURING ITS NORMAL
INTENDED USE WITHOUT POSSIBLE INJURY TO OR DEATH OF THE DRIVER OR DAMAGE TO THE
VEHICLE, WHICH MAY AFFECT ITS PERFORMANCE AND SAFE USE. OTHER RACE
PARTICIPANTS, THEIR AUTOMOBILES, TRACK CONDITIONS AND OTHER FACTORS CONTRIBUTE
TO THE ABOVE DANGERS AND RISKS. THERE MAY BE OTHER RISKS AND DANGERS, BOTH
KNOWN AND UNKNOWN AND OTHERWISE, WHICH ARE NOT REASONABLY FORESEEABLE. THE
PARTS AND COMPONENTS SHOULD ONLY BE INSTALLED OR USED ON A VEHICLES DRIVEN (a)
BY A DRIVER WITH REQUISITE TRAINING, SKILL AND EXPERIENCE NECESSARY FOR THE
RACING OF HIGH SPEED AND HIGH PERFORMANCE VEHICLES; (b) ON SPECIFICALLY
DESIGNED RACING TRACKS AND UNDER THE SUPERVISION OF SANCTIONED RACING ORGANIZATIONS;
(c) AFTER INSPECTION BY A QUALIFIED MECHANIC FOLLOWING EACH USE; AND (d) WITH
PROPER MAINTENANCE AND REPAIR TO PARTS SUBJECT TO WEAR AND TEAR, FATIGUE, OR
DISINTEGRATION OR DAMAGE DUE TO COLLISION OR IMPROPER USE.
RELEASE/ASSUMPTION OF THE RISK
PURCHASER
HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE NorthPlastics.gr,
AFFILIATED ENTITIES, PARENTS, SUBSIDIARIES, AGENTS, EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AFFILIATES, PRINCIPALS,
INSURERS, BENEFICIARIES, HEIRS, DEVISEES, ASSIGNS, PREDECESSORS AND SUCCESSORS,
AS APPLICABLE (COLLECTIVELY "RELEASEES") FROM ANY AND ALL PRESENT AND
FUTURE CLAIMS AGAINST, AND/OR LIABILITY OF, RELEASEES FROM ANY INJURY TO OR DISABILITY,
PARALYSIS OR DEATH OF ANY PERSON IN CONNECTION WITH PURCHASER (OR ANY OF ITS
PERSONNEL) OR OTHERWISE NorthPlastics.gr CUSTOMERS OR THIRD PARTIES, OR DAMAGE
TO PROPERTY CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENCE OR FAULT OF ANY OF THE RELEASEES, EXCEPT FOR ANY WILFUL, WANTON OR
GROSSLY NEGLIGENT ACTIONS OF THE RELEASEES. PURCHASER EXPRESSLY ASSUMES THE
RISK OF ALL SUCH INJURY, DISABILITY, PARALYSIS, DEATH, AND PROPERTY DAMAGE AS
HEREIN PROVIDED.
ACCEPTANCE
PURCHASER
ACKNOWLEDGES AND AGREES ANY USE, WHATSOEVER, OF ITEMS PURCHASED THROUGH NorthPlastics.gr
SHALL BE DEEMED TO BE A FULL ACCEPTANCE OF ALL OF THE FOREGOING TERMS AND
CONDITIONS AT ALL TIMES.