General conditions of sale by hirudov

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Sales agreement between seller and buyer of how to ship goods, when to deliver, and what are the reimbursment terms.

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									                  GENERAL CONDITIONS OF SALE


1. These conditions shall form part of every contract of sale entered
into by the Seller unless excluded or varied with the written consent
of the Seller.
2. All prices are subject to a revision at any time in the event of any
increase in cost caused by circumstances beyond the Seller’s
control and the Seller reserves the right to charge such revised
prices for goods affected by the increase.
3. In every shipment, the weight mentioned on cases, packages or
pieces is indicative and without any engagement. Only the total net
weight is to be taken into consideration.
4. The delivery time mentioned in the contract is not binding; it is
simply indicative and without any engagement on our part but every
effort shall be made to deliver the goods within the contractual
period of time. The Seller shall not be liable for any loss or damage
whether direct, consequential or otherwise caused by any delay in
delivery.
5. All consignments are forwarded at the risk and for account of the
buyer and/or consignee even if the contract provides C.I.F. sale.
Claims for loss and/or damage of goods must, therefore, be lodged
with the transport and insurance companies within a reasonable time
after arrival of the goods. In case of an F.O.B. and C+F sale, the
goods are forwarded at the risk and for account of the buyer and/or
consignee and are insured only upon written request from him.
Otherwise it must be admitted that he has insured the goods.
6. In case of delay in the withdrawal of the goods from the Customs
or their abandonment in the Customs, the buyer is held responsible
for any damage suffered by the goods. Thus, he will be called to
reimburse all expenses incurred relating to the transport, storing etc
until final clearance. The Seller reserves all his rights for a total or
partial indemnity against any loss he may have suffered in this
respect.
7. Although the goods are under buyer’s and/or consignee’s
possession, they are deemed to be Seller’s property until their value
has been paid in full.
The Seller shall have a lien upon all his cargoes (or part of them) sold
to the buyer, for payment of invoice value, interest loss and any
liabilities in respect of charges and expenditure. The buyer shall also
remain responsible for payment of invoice value, interests, charges
and expenditures (as above) but only to such an extend as the Seller
has been unable to obtain payment thereof by excising the lien of the
cargoes.
Alternatively, the Seller (if so decides), shall at any time during usual
office hours or at any time in case of emergency be entitled to attend
at the buyer/consignee’s premises and remove the goods previously
delivered.
8. If delivery is delayed by unforeseen circumstances, such as Act of
God, strikes, lockouts, mechanical breakdown, important tools
becoming useless, sabotage, delay in obtaining supplies of
important raw materials and components etc at our Works, scarcity
of freight space and/or lack of wagons etc, then the period of delivery
is extended accordingly.
“FORCE MAJEURE” cases as above shall give us the right to either
extend the delivery time or cancel in whole or in part orders
accepted.
9. Any dispute arising under this contract shall be settled by the
Arbitration Court with Bulgarian Chamber of Commerce and Industry
– Sofia.

								
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