1. PREFACE
The Sales and Delivery Terms and Conditions form an integral part of the Sales Contract between G. LYBEROPOULOS S.A. (thereafter referred to as the Vendor) and any other party (thereafter referred to as the Customer). Contracting parties may only diverge from these conditions based on the written agreement of both parties.

2. TERMS OF DELIVERY
2.1 Unless otherwise agreed the Goods shall be deemed to be sold Ex-works. The time at which the risk shall pass will be fixed in accordance with the International rules of the Interpretation of Trade Terms (latest Incoterms 2000) of the International Chamber of Commerce in force at the date of the formation of the Contract.
2.2 In the event that goods are delivered to the nominated site of the Purchaser for assembly, installation and commission whilst the Vendor is engaged as a subcontractor risk shall pass together with title upon completion and acceptance of same by Purchaser and the payment of all outstanding amounts due to the Vendor in respect of any or all of the Goods supplied under the said contract.

3. DELIVERY
3.1 Unless otherwise agreed, the delivery period shall run from the latest of the following dates:
a) the date of the formation of the Contract
b) the date on which the Vendor receives notice of the issue of a valid license where such is necessary for the execution of the Contract.
c) the date of the receipt by the Vendor of such payment in advance of manufacture as is stipulated in the Contract.
3.2 The Vendor will use its best endeavours to complete its contractual obligations within the period (if any) stated in the contract or in a reasonable time but shall be under no liability in damages or otherwise for failure to do so from any cause whatsoever however arising. In no circumstances shall delay be a ground for cancellation of the contract by the customer.
3.3 Should delay in delivery be caused by any of the circumstances mentioned in Clause 6 or by an act or omission of the Purchaser and whether such cause occurs before or after the time or extended for delivery, there shall be granted subject to the provision of paragraph 4 hereof such extension of the delivery period as is reasonable having regard to all the circumstances of the case.
3.4 If the Purchaser fails to accept delivery on due date, he shall nevertheless make any payment conditional on delivery as if the Goods had been delivered. The Vendor shall arrange for the storage of the Goods at the risk and cost of the Purchaser. If required by the Purchaser the Vendor shall insure the Goods at the cost of the Purchaser. Provided that if the delay in accepting delivery is due to one of the circumstances mentioned in Clause 6 and the Vendor is in a position to store it in his premises without prejudice to his business, the cost of storing the Goods shall not be borne by the Purchaser.
3.5 Unless the failure of the Purchaser is due to any of the circumstances mentioned in Clause 6 the Vendor may require the Purchaser by notice in writing to accept delivery within a reasonable time. If the Purchaser fails for any reason whatever to do so within such time the Vendor shall be entitled by notice in writing to the Purchaser, and without requiring the consent of any Court, to terminate the Contract in respect of such portion of the Goods as is by reason of the failure of the Purchaser aforesaid not delivered and thereupon to recover from the Purchaser any loss suffered by reason of such failure up to an amount not exceeding the price attributable to that portion of the Goods which the Purchaser has failed to accept delivery of.

4. PAYMENT
4.1 Payment shall be made in the manner and at the time or times agreed by the parties but in the absence of such agreement payment will be due upon ordering of the Goods.
4.1.1 When not otherwise stated payment shall be payment in full on the date of order and shall be in Euros unless otherwise agreed.
4.2 If delivery has been made before payment of the whole sum payable under the Contract, the Goods delivered shall, to the extent permitted by the law of the country where the Goods are situated after the delivery, remain the property of the Vendor until such payment has been effected. If such law does not permit the Vendor to remain the property in the Goods, the Vendor shall be entitled to the benefit of such other rights in respect thereof as such law permits him to remain. The Purchaser shall give the Vendor every assistance in taking any measures required to protect the Vendor’s right of property or such other rights as aforesaid.
4.3 If the Purchaser delays in making any payment the Vendor may postpone the fulfillment of his own obligations until such payment is made, unless the failure of the Purchaser is due to an act or omission of the Vendor.