Shipment

 

If the seller fails to supply goods on time due to the force majeure situations (such as storm, earthquake, tsunami, frequent, interruption of electricity, etc) or the other objective reasons, the buyer must support the seller to re-schedule the shipment date and the seller is free of charge for the delaying. The seller must inform the buyer about the delay of shipment date (if any) as soon as possible for re-arrangement. 

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Force Majeure

 

Sale contracts are based on a fixed price, so any fluctuations and price changes on both parties ofThis deal is not acceptable, and the criterion for this deal is only fixed quoted price by PETRONYX GmbH Sale Contracts & Proforma Invoices. 

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Delivery time is subject to priority of Trucks/Vessel and Containers free space in port of loading.This Sale Contract will not terminate under any circumstances even due to shipping delays, except in special circumstances of Force Majeure which will be described as follows.

 

Responsibility of each party for costs referred to this order must follow the terms and conditions of INCOTERMS 2010.

 

Neither Party will be responsible for any loss to the other Party whereby they are unable to fulfil in the whole or part of this contract for any reason due to Force Majeure which shall include civil, disturbance, floods, strikes, fire, Government regulations, war or hostilities (whether war declare or not), acts for foreign energy, rebellion, riots, earthquakes, acts of gods.

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Common Terms, The signed contracts sent by Fax / e-Mail have the same value as original. In case of dispute or discrepancy concerning to the above terms and conditions the both Parties will mutually reconcile and approve in annexes which is/are integral part/s of the main contract.

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Condition of Delivery and Claims

 

The Buyer agrees to inspect the cargo upon its arrival at the destination port and shall immediately notify the Seller of any visible damage, defect, or discrepancy in the shipment.

 

Claims Period and Documentation

 

Any claims related to the condition of the cargo, including but not limited to damage, defects, shortages, or non- conformity to the agreed specifications, must be made in writing within 21 calendar days from the date of the cargo’s arrival at the destination port.

 

Any claim must be accompanied by documentary proof, which may include but is not limited to inspection reports, photographs, and any relevant supporting documents that substantiate the claim of damage, defect, or non-conformity.

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Waiver of Claims after 21 Days

 

The Buyer acknowledges that failure to make a claim within the 21 day period, or failure to provide adequate proof as specified in Clause 2, shall constitute full acceptance of the cargo and a waiver of any rights to reject or claim compensation for any damage, defect, or non-conformity.

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Dispute Resolution and Jurisdiction

 

 

1. Dispute Resolution:

 

In the event of any dispute, controversy, or claim arising out of or in connection with this contract, the parties shall first seek to resolve the matter amicably through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the German Institution of Arbitration (DIS). The arbitration shall be conducted in English, unless otherwise agreed by the parties.

 

 

2. Jurisdiction:

 

The place of jurisdiction for all disputes arising from or related to this contract that are not resolved through arbitration shall be the International Chamber of Commerce (ICC) in Germany. The courts of Germany shall have exclusive jurisdiction over any legal proceedings.

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Date:  17.07.2022