|
TERMS OF SALE
1. Unless specifically otherwise agreed, all products are sold ex
seller’s warehouse Holland, and travel throughout at buyer’s risk
and expense.
2. If products are sold ex seller’s warehouse, the costs of cases
and packing and of phytopathological inspection, and any freight,
forwarding, insurance, export and import charges, shall be for
buyer’s account. These charges shall be due and payable on arrival
of the goods at port of arrival.
3. Payment shall be due sixty days (60) from date of invoice; two
percent (2%) cash discount will be allowed for payment within ten
days (10) after arrival of goods. Buyer agrees to pay interest at
the rate of one and one half (1 ½ %) per month on all outstanding
balances after due date (60 days after date of invoice) together
with any and all collection expenses. Ownership of goods is
reserved until all obligations have been fulfilled.
4. If at time of shipment, the buyer’s financial responsibility
appears unsatisfactory to the seller, the seller may, at his
option, cancel the order in whole or in part, provided that he
shall promptly advise the buyer of any such cancellation; and the
seller shall not be responsible for any damages whatsoever arising
from such cancellation.
5. The seller warrants the goods to be sound and healthy at time of
shipment but does not otherwise warrant flowering- or other
planting, growing or forcing results.
6. Total or partial failure of the general of seller’s crop, owing
to frost, floods, or other natural causes, or loss of damage to
seller’s stocks by fire or any other cause beyond his control,
preventing seller from fully performing the present and/or similar
contracts, shall relieve the seller from his obligations under the
present contract to a corresponding extent.
7. Seller is authorized to substitute for named varieties ordered
provided said substituted material is of the same class and equal
quality unless otherwise specifically agreed in writing or noted on
the face of this order.
8. Whenever the terms of this order call for delivery f.o.b. any
place or conveyance, the seller shall be required only to arrange
for ordinary sea transportation and ordinary insurance to the point
specified and the seller may, at his option, either prepay freight,
insurance and/or other shipping charges, including import duty and
arrange to collect same on delivery in a lump sum from the buyer,
or the buyer agreed place. In either case buyer shall be permitted
to deduct the charges paid by him to such agreed f.o.b. place or
conveyance from the agreed f.o.b. prices. Not with standing any
agreement as to delivery at any point other than seller’s
warehouse, the goods shall in all cases be at buyer’s risk from the
time they leave the initial point of shipment.
9. All claims hereunder shall be deemed waived unless presented
within eight (8) days after receipt of goods. Claims relating to
damage to or condition of goods shall be accompanied by Lloyd’s
survey report or its equivalent, stating full particulars. In case
of non arrival of shipment from Holland, buyer shall notify the
seller by wire or cable.
10. Cancellation of this order in whole or in part by the buyer
shall entitle the seller to recover either as and for liquidated
damages a sum equal to 20% of the contract price (which sum is
agreed as the estimated damage likely to result to the seller from
such cancellation) or at the seller’s option such damages as he
then may be able to establish that he has, in fact, suffered by
reason of such cancellation.
11. Prices are in Euro. When prices are based in other currency the
rate of exchange will be subject to automatic adjustment whenever
the rate of exchange varies in excess of one percent.
12. Any controversy or claim rising out or relating to this
contract even if only considered as such by one of the parties,
will be put before the competent court in the district in which the
sellers registered, without affecting the right of the seller to
have the dispute heard by the court in the buyers place of
domicile.
13. These printed Terms of Sale cannot altered nor departed from
except by mutual consent in writing.
14. This transaction is governed by the law of the Kingdom of the
Netherlands.
|
All rights reserved
Maveridge Int. BV. | |
