Export conditions
1. COMPETENCE
Claims and disputes will always be handled commercially as we presume that our customers are acting in good faith. In case of litigation, the customer will first contact the company for an amicable solution. If this is not possible, disputes may only be settled in the courts of Ho Chi Minh, Vietnam.
2. APPLICATION
Except for explicit, exceptional and written agreement, the following conditions of sale are valid. They are supposed to be known by the contracting parties and they prevail against those of the buyers.
3. COMPLAINTS
All complaints and contestations shall be made in writing to be admissible: complaints concerning weight and damage have to be made immediately after receipt of the goods.
All other complaints should be made within 5 days after delivery of the goods, and in any case before re-sale or use of these goods.
A complaint never postpones the obligation to pay.
If a complaint is found justified, the seller will, at his discretion, allow a reasonable price reduction, take back the goods or arrange for a replacement of the goods at his own expense.
Return of the goods may only take place following the written approval of the seller. The seller will never be bound to compensate more than the invoice-value of the goods in question.
4. DAMAGE AND RESCISSION
When the seller is in the impossibility to carry out the agreement due to events which are outside his control and can not be avoided by exercise of due care, such as war, war-like situations, political trouble, harbour blocades, transport strikes, lock-outs or any other events, maliciously caused by thirds, and/or natural events such as floods, typhoons or hurricanes, he retains the right to cancel the agreement without the buyer having the right to claim compensation.
The seller retains the right to consider the agreement as cancelled by law without serving notice upon the buyer, in case of bankruptcy, insolvency or whatever change in the legal state of the buyer.
5. PROPERTY PROVISIONS
The goods sold remain the property of the seller until full payment of the invoice. In case of non-payment the seller retains the right to take back the goods delivered without any mediation of a court.
All risks to which the goods are exposed shall pass to the buyer upon delivery.
6. PRICING
The provided prices and tenders are merely approximate and not binding for the seller. He can change them at any time until the acceptance of an order.
All invoices are payable at Ho Chi Minh, cash, net and without discount, unless otherwise agreed on and confirmed in writing.
In case of non-payment of an invoice or a bill of exchange on the appointed due date, an interest will be applied, by law and without reminder, at the legal interest rate increased by 4%.
Every delay in payment gives the seller in his official capacity, the full right to declare each current sale to be cancelled or postponed and he retains the right to take back the goods that were already delivered or in dispatch.
7. TAKING DELIVERY, TRANSPORT, UNLOADING
If the goods regardless of the agreed method of transport and delivery, are ready and waiting for the buyer to take delivery, the buyer shall be bound to take delivery. Failure to fulfil the liability to take delivery shall give the seller the right to store the goods or keep them in storage at the buyer's expense and risk, and to charge the buyer for this without him having the right to refuse payment on the grounds of non-accepted delivery.
