PROFESSIONAL LIGHTING SYSTEMS- LEDs
68, ANTIOHIAS STR, N. PHILADELPHIA, 143 41, ATHENS, GREECE Tel: +30 210 2584240 FAX: +30 210 2584245 info@electron.gr www.electron
ELECTRON SA TERMS & CONDITIONS
Please read the terms & conditions of trading with ELECTRON SA.
Unless otherwise explicitly agreed in writing, by placing an order for the purchase of products, you and/or your company do unconditionally, irrevocably and automatically accept to comply with the terms & conditions mentioned below.
PRICES: Prices are quoted in Euro (€). Electron SA reserves the right to readjust the prices whenever it deems it reasonable, without prior notice. Prices exclude and the buyer shall be exclusively responsible for any and all taxes, costs, duties, levies arising in connection to the sale or transportation or export of the products. VAT will not be charged, provided that the customer delivers adequate proof of such exemption.
DELIVERY: Delivery of the products shall take place at Electron’s premises (68, Antiohias str, Nea Philadelphia, Greece). Upon delivery, ownership of the products shall pass to the customer, who will be liable for any and all actions or omissions of the person (agent/servant of the customer or independent contractors employed by the customer, including without limitation to the generality of the foregoing, the transportation company) accepting delivery on his behalf. However, if the parties have agreed that the products are sold on credit, then the ownership to the products shall remain on Electron until the full settlement of the purchase price. The issuance and/or endorsement of a cheque does not constitute effective payment, but solely a means of facilitating the payment of the purchase price.
LIABILITY OF THE CUSTOMER PRIOR TO AND UPON DELIVERY: Prior to delivery, the customer, his agent/servant or any independent contractor employed by the customer shall examine thoroughly the condition of the products, and assume all responsibility from their failure to do so. Therefore, by accepting delivery of the products, as described above, the customer unconditionally and irrevocably agrees that the products were found in apparent good order and condition, as described in the respective invoices.
PERIOD OF RESPONSIBILITY: Electron shall in no event be liable for any loss or damage in connection with the products, whether caused by negligence or not, occurring after delivery of the products to the customer’s aforementioned agents.
TIME OF DELIVERY: Shipment and delivery dates are just estimates, and Electron will not be liable for failure to meet the estimated shipment or delivery date. Furthermore, Electron shall not be liable for its failure to perform any of its obligations under this Agreement where such performance is prevented by riots, wars or hostilities between any nations, Acts of God, fires, storms, floods, earthquakes, strikes, labor disputes, shortages or delays of carriers, shortages of materials, labor, power or other utility services, any governmental restrictions or any other contingencies.
CANCELLATION OF ORDERS: After the placement of an order, the customer may not cancel or modify the order, in whole or in part, unless otherwise agreed in writing by Electron. In any case, Electron shall be entitled to withhold any and all advance payments or deposits received as a reasonable penalty. Additionally, Electron shall be entitled to seek further compensation for any expenses or damages suffered.
CUSTOMER’S OBLIGATIONS: Due to rapid changes of LED and allied technology, the customer must always refer to Electron in order to confirm product specifications (data on catalogues, advertising materials, website, newsletters, all need to be confirmed when placing the order). The customer agrees and undertakes to comply with all applicable regulations of his territory (geographical area), as well as to obtain all relevant regulatory permits necessary for conducting its business.
WARRANTY: The warranty of the products shall expire within two years from the date of issuance of the relevant invoice, unless otherwise agreed in writing. The warranty is only valid when the defective products or parts are returned in time and tested by Electron. Electron reserves the right to make the final decision on the validity of any warranty claim. The warranty refers to the failure of any fixture and not to the lower light output that might occur. The warranty is not valid: a) if the defect is due to accidental damage, mishandling, misuse, wrong or incorrect installation, voltage fluctuation, high or low voltage, b) if the serial number of the product is missing, c) if the product has been repaired or tampered by unauthorized personnel, d) if the product has not been installed, connected and used according to the manuals and relevant instructions, e) if the depreciation of the product is due to normal wear/tear or f) for any other cause that may be deemed reasonable g) there is a failure rate in relation to time period: for warrantee up to 2 years the failure rate is 0% for warrantee more than 2 years & up to 5 years the failure rate is 5%.
REPLACEMENTS: Provided that the terms of the warranty do apply, Electron will, at its absolute discretion, either repair the product using new or refurbished parts (as for example in the case of LED strips) or replace the product with a new or refurbished one (according to the judgment of the technical department). If Electron cannot repair the product because its parts have become obsolete (e.g. due to the rapid evolution of led technology), Electron will use fitting replacements in order to keep the product as close as possible to the initial specifications (the light output of the new replaced products may differ from the rest of the products due to: the time of operation, the difference in bin/batch, new technologies or for any other reason). Electron shall not be liable for any and all labor, transportation, dismantling, installation, repositioning, import, export or other costs, taxes, duties, levies that might occur due to product deficiencies or the replacement or repair of products, which shall be borne exclusively by the customer. The warranty of the parts used for the repair of a product shall be valid for a 12 months period, beginning from the date of the repair, unless the initial warranty of the product expires earlier, in which case the warranty of the parts shall expire together with the initial warranty of the product, and not later than that. Products that remain at Electron’s premises for more than three (3) months, beginning from the date of their repair, shall be considered abandoned. In such case Electron shall be deemed to have been authorized by the customer to handle the abandoned products under its absolute discretion (including the right to destroy them) and the customer shall be deemed to have waived any such right.
RETURN OF PRODUCTS: Returns of products are permitted only when Electron has delivered a different product than the one ordered by the customer. Even in these cases, the customer shall only be entitled to a return, provided that the product, its packaging and its accessories / manuals (a) have not been used and remain in the same perfect condition as they were delivered to the customer and (b) are delivered, at customer’s own expense, to Electron within fifteen days from the date of issuance of Electron’s invoice. When returning a product, the customer is only granted the right to a replacement with another one that is available and is not entitled to a refund, even if the value of the replacement is lower. Returns of lamps or other products that are custom made are excluded.
LIMITATIONS OF LIABILITY: All claims, for which Electron may be liable, shall be adjusted and settled on the basis of Electron’s net invoice. In no event shall Electron be liable for any loss of profit or consequential loss or damages or injuries occurred by virtue of the operation of the products.
NARUTE OF RELATIONSHIP: In relation to the sale and resale of the products, the customer will act as an autonomous and independent entrepreneur and not as a representative, proxy, commercial agent or employee of Electron, and in no such case will it bind Electron, nor will it have any power whatsoever to undertake on or create obligations on behalf of or under the name of Electron. Furthermore, the customer is not authorized to use, for promotional, advertising or any other purposes whatsoever, the signs, trademarks, catalogues and any other documents or materials of Electron, without the prior written consent of Electron.
LAW AND JURISDICTION: The sale of products and the agreement evidenced by or contained in this document shall be governed by Greek Law. Any and all disputes of the parties deriving from the same, shall be entered for judgment before the competent courts of Athens, Greece.
ALTERATIONS: Electron has the right to alter or amend or withdraw the present terms unilaterally at any time without prior notice.