- •108/223 North terrace adelaide sa 5000
- •Article 20. Quality claims:
- •Article 22. Late delivery and penalty:
- •Article 23. Notice of shipment:
- •Article 31. Arbitration and governing law and standards:
- •Article 32. Liabilities to third parties
- •Article 33. Confidentiality and non-disclosure
- •Involved in Sellers own commercial arrangements under this contract.
- •Article 34. Non-circumvention agreement
- •I) Buyer irrevocably binds itself to provide any and all documentations requested by Seller, immediately and without delay, in connection with the sale/purchase of the aforementioned goods.
- •Article 35. Amendments and supplements:
- •Article 38. Facsimile copies
- •Buyers banking information:
Article 20. Quality claims:
a) In the event of any intention to proceed with a claim relating to the quality of goods delivered, the Buyer shall notify Seller immediately in writing by fax and then by registered post or by courier service and provide a certified true copy of the quality survey report relied upon and being one issued by SGS. Delivery of the true copy of the survey report shall in any event be no later than within 45 days from the date of discharge at destination port.
b) Seller shall at all times provide the Buyer with a full response to all quality claims including an explanation of its own findings in investigation of the causes of any quality deficiency and its views and remedial measures on the same within 10 days from the date of receipt of the quality survey report.
c) In the event of a finding after surveys that there is indeed a quality difference from the agreed specifications in a delivered shipment, compensation shall automatically become payable to the Buyer.
Such compensation shall provide an indemnity for all provable loss and damage suffered by the Buyer on account of the deficient quality. Such compensation shall be deemed separate from indemnities for legal and other reasonably foreseeable expenses incurred by Buyer in recovering such compensation due.
ARTICLE 21. DEDUCTIONS FROM FINAL WEIGHTS:
a) The total weight of foreign materials found in shipments shall at all times be deducted in the calculation of the final landing weights of goods delivered. Such foreign materials may include but shall not be limited to dust and dirt, mud and sand, scale slag, dross, mash, wood, plastic, oily parts, grease, alloy, and other non-metallic substances.
b) The final weights of delivered goods to be disclosed on SGS certificates issued at the port of delivery shall not include all such foreign materials. Such final weights shall be deemed to be those disclosed on each SGS certificate issued at the port of discharge.
c) The total amount of such foreign material as shall in the event be found should not exceed 0.1% of the weights disclosed on the Bill of Lading (B/L Weight). In case the foreign material weight amounts to more than 0.1% of the B/L weight for the goods, the Buyer shall immediately fax a certified true copy of the SGS certificate to the Seller for adjustments to be effected.
d) Seller shall refund such repayment as may be found to be due to the Buyer on any adjustments being made within 5 working days in the event of this occurring on a one off shipment or if this were to occur on the final shipment.
Article 22. Late delivery and penalty:
a) In the event of Sellers partial failure in performance with delivery terms of the Contract and such partial failure is traceable to causes other than force majeure and such failure further results in a late delivery, the Buyer shall be entitled to serve Notice to Seller of such provable loss as has arisen and seek an indemnity for the same by means of a formal claim for an indemnity to the Seller. Such claim shall be settled no later than 31 days after delivery.
b) A penalty charge shall be levied against the Buyer at the rate of 0.3% of total value for every day the shipment is delayed as a result of the Buyers acts or omissions. This said penalty shall be calculated from the 1st day after the latest date of shipment fixed under this Contract.