Delivery of processed products
Paragraph 1. In the event that the Supplier receives an order to supply Products specifically processed (or assembled, as the case may be) for the benefit of the Customer, the Customer will be required to provide sufficient volumes of material for the adaptation process. As long as the Customer does not fulfill this obligation, the Supplier has the right to suspend its obligations under this Agreement.
Paragraph 2. The Supplier has the obligation to send for approval to the Customer a proof, a model, a sample or example only if the Customer has stipulated this in writing in the Contract, in which case the Supplier agrees to present to the Customer a proof a model, a sample or an example no later than two weeks after the entry into force of the Contract and after receipt of the materials to be processed, proof, model, sample or example which will be considered approved if no written reaction is received within five working days.
Paragraph 3. The costs of proof, model, sample or example shall be invoiced separately and shall not be included in the established prices, unless explicitly stated otherwise.
Deliveries and Delivery Term. Major power
Paragraph 1. Delivery time is 48 hours for products in stock. The delivery time is valid only for products ordered from stock and are not subject to a customization process.
Paragraph 2. The delivery time will be set at sea and will never be considered as the final term, unless otherwise established. The delivery term will enter into force only after the Contract will be concluded according to Art. 3, after all the information necessary for the fulfillment of this Contract has been submitted, submitted and after the Customer has paid the purchase price, or as the case may be, ) agreed upon, or after the security has been provided, the security required by the Supplier.
Paragraph 3. If the delivery is partially or totally prevented by a case of force majeure, the Supplier has the right to suspend the delivery, and in the event that the situation of force majeure continues to persist for more than three months or from the moment it becomes obvious that it will last for more than three months, to totally or partially cancel the Contract and to demand payment for the fulfilled parts of the Contract, without having the obligation to pay compensations to the Client.
Paragraph 4. Force majeure includes, but is not limited to, fire, floods, strikes, epidemics, (civil) war, terrorism, government measures, unlicensed or untimely permits, trade embargoes, labor disruptions, power outages , operational failure, breaches of contract or harmful acts of suppliers and subcontractors of the Supplier or other third parties, including any defects, errors, non-delivery or delayed delivery of materials, transport, fuel, energy and labor.
Paragraph 5. Delivery will be ex works, except when it has been explicitly decided otherwise. The transport costs and the insurance will be borne by the Customer even if it has been agreed that the Supplier will take care of the transport. The transfer of the risk of the Products will take place at the time of delivery in accordance with the provisions of these General Terms and Conditions. The transport will be at the risk of the Client even if the carrier has explicitly stipulated that all transport documents must bear the mention that any damage resulting from the transport will be at the risk and expense of the sender.
Paragraph 6. in the event that the Supplier handles the transport, the Customer or a third party designated by the Customer, must report any damage caused by transport to the carrier, or as the case may be, to the shipper, immediately upon receipt, but in any case, within 12 hours of receipt - receipt of the Products, and must send a copy to the Supplier.
Paragraph 7. Products that have not been purchased by the Customer or a third party designated by the Customer after the Delivery Time will be stored by the Supplier at the expense and risk of the Customer. If the products have not been purchased on time, the Supplier will have the right to cancel the Contract within a period of 14 days from the expiration of the Delivery Term, without prejudice to the Supplier's right to sell the products to a third party.
Paragraph 8. If color, composition, weight, appearance, etc. Products deviate slightly from the models, samples or examples provided in advance, or from other provisions established in advance, those Products must be subject to the terms of this Agreement. In any event, the Supplier has the obligation to fulfill its obligations, if the weight or quantity of the Products supplied does not exceed by more than 5% those established in the contract.
Paragraph 9. The supplier is allowed to send the Products in portions, each portion can be invoiced separately.
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