2. TERMS OF DELIVERY / PAYMENT.
2.1. The goods are delivered to the agreed port of destination Ho Chi Minh City, Vietnam (HCM Vietnam) within 34 calendar days. Under the CIF the seller must also procure marine insurance against the risk of the buyer in connection with the Accidental loss of or damage to the goods during transporting. Delivery of goods sold under this contract is made by the Carrier hired by the Seller at his/her expense.
2.2. Payment for the goods under the present contract is to be effected in USD to the Seller’s bank account or any other agreed method of transfer.
Buyer will pay 50% by T/T advance against invoice and signing of contract, 50% by T/T balance after receiving goods at Buyer’s final address.
2.3. The seller must dispatch goods to the buyer not later than 7 calendar days from the date of confirmation of first deposit from his bank.
2.4 The SELLER is to provide the BUYER with the following set of document for each shipment of the Goods:
- Certificate of SGS or Similar Agency
- Certificate of insurance
- Full set of invoices
- Certificate of Origin
- Quality certificate
- Analysis certificate
- Packing list
- Phytosanitary Certificate
- EUR. 1 Certificate
- Health Certificate
- Bill of Lading
2.5 Dispatch of the goods to the territory of Ho Chi Minh City, Vietnam is affected by the Seller within 7 calendar days upon date of advance payment. In the case of no Export to the territory of Ho Chi Minh City, Vietnam, the advance payment must be returned within 10 days calendar days upon date of advance payment.
5.1. Any claim on quantity or quality of goods by buyer is to be supported by International independent outside inspecting agency like SGS or similar Inspection Agency.
5.2. Seller has to consider the received reclamation in 10 (ten) days. In case of absence of the answer from Sellerwithin this period the Claim is regarded admitted.
5.3. The Seller guarantees the quality of the goods during whole shelf-life period (2 year), which is mentioned onthe bulk packing; provided that the packaging has no defects and storage conditions have been maintainedaccording to the requirements for the particular goods.
5.4 Seller will not be responsible for any quality problem arising because of improper storage or improperhandling of the product.
5.5. In case the fact of not meeting the specifications and requirements is stated before best-before-date, theSeller replaces
defective product for the good one or pay the cost of defective goods to the Buyer’s account during 5 bank days in USD.
All the costs related to the return and replacement of defected goods goes at theSeller’s expense.
6. Force-Majeure.
6.1. The parties will be released from their responsibility for partial or complete non-execution of theirobligations under the present contract should this non-execution be caused by force majeure circumstances (fire, flood, earthquake, epidemic and other natural calamities) or other circumstances beyond the parties' control andif these circumstances have had a direct effect on the execution of the present contract.
6.2. Force-majeure will automatically prolong the period of fulfillment of the Contract. In case of duration offorce-majeure over 3 months any of the sides can interrupt the Contract regarding not delivered stocks.
7. Settlement of disputes
7.1. All the disputes and differences, which may arise under the present Contract, will be settled by means of the negotiations.
7.2. If the Parties do not come to agreement, all disputes are settled by the Arbitration Court of USA. |