1 – THIS ORDER/CONTRACT CAN BE REVOKED OR RESOLVED AT ANY TIME BY FORCE MAJEURE CAUSE ( ICC 2003 CLAUSE ) BY DELIMES LTD. THIS ORDER/CONTRACT IS SUBJECT TO THE “HARDSHIP ICC 2003 CLAUSE” AND IN THE CASE CAN BE REVOKED OR RESOLVED IN ANY TIME BY DELIMES LTD. THIS ORDER/CONTRACT CAN BE REVOKED OR RESOLVED AT ANY TIME BY DELIMES LTD IF THE CUSTOMER OR SUPPLIER HAS NOT SIGNED THE RESPECTIVE PURCHASE AND SALE CONTRACT RELATING TO THIS TRANSACTION OR FOR ANY REASON INDEPENDENT OF THE WILL OF DELIMES LTD WHERE THE CUSTOMER/SUPPLIER REFUSE TO DELIVER/WITHRAW THE GOODS COVERED BY THIS CONTRACT.
2 – ORDER VALID UNLESS WITHRAWL OF THE INSURANCE COVERAGE (CLIENT CREDIT LINE),AND/OR UNLESS REFUSAL TO CONFIRM THE DOCUMENTARY CREDIT BY THE BANK OF DELIMES LTD.
3 – INCOTERMS: THE PARTIES AGREE TO ADJUST THE MUTUAL RIGHTS AND OBLIGATIONS REGARDING THE DELIVERY OF GOODS AS SET FORTH BY INCOTERM 2010 ICC (INTERNATIONAL CHAMBER OF COMMERCE)INCLUSIVE THE CLAUSE ICC2003 (FORCE MAJOR) AND CLAUSE ICC 2003 (HARDSHIP).
4 – ORDER SUBJECT TO THE POSSIBILITY TO ISSUE A HEALTH CERTIFICATE FOR THE COUNTRY OF DESTINATION OR TO THE APPROVAL OF THE HEALTH CERTIFICATE BY THE COUNTRY OF DESTINATION.
5 – GOODS INTENDED FOR ADDITIONAL INDUSTRIAL PROCESSING.
6 – THIS CONTRACT/ORDER CAN BE REVOKED AT ANY TIME IF: -THE CUSTOMER WHICH SHOULD SELL THE GOODS IS SUBJECT TO THE REVIEW OF THE INSURANCE COVERAGE OR HAVE OVERDUE INVOICES OR UNSOLVED. -THE SUPPLIER HAS BEEN IN PLACE, ON PREVIOUS SUPPLIER, CONTOVERSIES THAT AT THE TIME OF THE EVASION OF THE PRESENT ORDER/CONTRACT ARE STILL UNRESOLVED. – DELIMES LTD BANKS FAIL TO ISSUE/CONFIRM/SEND, CREDIT LETTER, BANK GUARANTEES AND PAYMENTS RELATED TO THIS CONTRACT. – FAILURE TO RECEIVE THE ADVANCE PAYMENT FROM THE CLIENT.
6.1 – IN THE CASE THAT, DURING HEALTH CONTROL AT THE PLACE OF DESTINATION OR TRANSIT BY HEALTH AUTHORITIES, SHOULD IT BE REVEAL BACTERIAL OR VIRAL PRESENCES OF INFECTIONS OR PROBLEMATIC OF ANY KIND WHICH WILL MAKE THE GOODS UNFIT FOR HUMAN CONSUMPTION, THE SUPPLIER UNDERTAKES WITH NO EXCEPTION TO RETURN THE AMOUNT PAID IN ADVNACE AND TO COMPENSATE DELIMES LTD FOR ANY AND ALL DAMAGE AS REQUIRE BY DELIMES LTD.
7 – THE VALIDITY OF THE ORDER/CONTRACT IS CONDITIONAL UPON RECEIPT BY OUR CUSTOMER OF THE LICENSE/AUTHORIZATION TO IMPORT.
8 – GOODS AS TECHNICAL SHEET ATTACHED TO THIS ORDER/CONTRACT.THE HEALTH LAWS APPLICABLE TO THIS CONTRACT ARE GOVERNED EXLUSIVELY BY THE LAW OF THE COUNTRY OF ORIGIN OF THE GOODS. NO DISPUTE REGARDING HEALTH REGULATION IN FORCE IN THE COUNTRY OF DESTINATION OF THE GOODS SHALL BE ACCEPTED IF THEY ARE DIFFERENT FROM THE RULES OF THE COUNTRY OF ORIGIN. THIS RESPONSIBILITY IS EXLUSIVELY COMPETENCE OF THE CUSTOMER.
9 – GOODS AS PHOTOS SENT.
10 – GOODS AS PREVIOUS DELIVERY
11 – VETERINARY CERTIFICATE
12 – CERTIFICATE OF ORIGIN
12.1 – FOR THE SUPPLIER: ORDER VALID AND BOUND BY THE ISSUE OF A LICENSE TO IMPORT FROM THE CLIENT.
12.2 – FOR THE SUPPLIER: IN CASE OF FAILURE TO DELIVER GOODS BY THE SUPPLIER FOR ANY REASON, THE SUPPLIER IS OBLIGED TO PAY ANY COST/DAMAGES REQUIRED BY THE CUSTOMER TO DELIMES LTD, OR TO PAY THE DIFFERENCE BETWEEN THE PURCHASE PRICE OF THE GOODS CONCERNED IN THIS AGREEMENT AND THE PURCHASE PRICE OF THE PRODUCT ON THE MARKET AS A REPLACEMENT OF THE UNDELIVERED GOODS OR DISPUTED GOODS WITH REFERENCE TO CLAUSE 17 OF THIS CONTRACT, THESE COSTS SHALL BE IMMEDIATELY INVOICED BY DELIMES LTD.
12.3 – FOR THE SUPPLIER: THE “PREPAYMENT” CLAUSE, IF NOT ESTABLISHED BY DELIMES LTD TERMS OF CONTRACT, SHALL NOT BE USED AS AN EXCUSE TO TERMINATE THE CONTRACT, IF THE SUPPLIER DOES NOT INDICATE OR REFUSES TO INDICATE THE DATE OF LOADING WITHIN THE CONTRACTUAL TERMS ESTABLISHED FOR THE WITHDRAWAL OF THE GOODS.
17 – IN THE CASE OF DISPUTES IN COUNTRIES WHERE IT IS IMPOSSIBLE TO RETURN THE GOODS OR WHERE IT IS IMPOSSIBLE TO FIND AN IMMEDIATE AGREEMENT BETWEEN CUSTOMER AND SUPPLIER OF DELIMES LTD, THE RESOLUTION OF THE DISPUTE IS REFERRED TO THE OPINION AND JUDGMENT OF A CERTIFICATION BODY TYPE: “BUREAU VERITAS”+ “SGS”+ “COTECNA”+ “INTERTEK” OR BY ANOTHER INSPECTION BODY CHOSEN FREELY BY DELIMES LTD. DELIMES LTD WILL INFORM THE INSPECTION BODY OF THE REASON FOR THE DISPUTE FOR THE INSPECTION PROCEDURE AND THE RESULT OF THE INSPECTION WILL BE BINDING ON THE CUSTOMER AND SUPPLIER FOR THE SETTLEMENT OF THE DISPUTE. THE COST OF SUCH INSPECTION VISIT WILL BE CHARGED TO THE LOSING PARTY. THE CUSTOMER, AFTER SENDING THE INSPECTION REPORT SHOWING THAT HIS COMPLAINT IS UNFOUNDED, WILL IMMEDIATELY WITHDRAW THE COMPLAINT AND PAY THE BALANCE OF THE AMOUNT DUE. IF, ON THE OTHER HAND, THE INSPECTION BODY DETERMINES THE TRUTHFULNESS OF THE DISPUTE AND THE NON-CONFORMITY OF THE GOODS, THE SUPPLIER, AFTER RECEIVING THE INSPECTION REPORT, SHALL IMMEDIATELY REIMBURSE ALL COSTS INCURRED FOR THE RETURN OR DESTRUCTION OF THE GOODS, THE VALUE OF THE GOODS, THE LOSS OF PROFIT OF THIS CONTRACT, WHICH DELIMES LTD SHALL INVOICE. THE SUPPLIER UNDERTAKES TO PAY IMMEDIATELY THE ABOVE INVOICE UPON RECEIPT WHICH MAY ALSO BE BY MAIL,SKYPE,WHATS UP, SMS, OR ORDINARY POST, THE SAME PROCEDURE APPLIES IN THE EVENT THE CUSTOMER CLAIMS A NEW SUPPLY TO REPLACE THE DISPUTED ONE IN WHICH CASE WILL BE APPLICABLE THE RULES OF CLAUSE 12.2 OF THIS CONTRACT.
18 – THIS CONTRACT WAS CONCLUDED IN BULGARIA AND IS REGULATED BY BULGARIAN LAW. FOR ANY CONTROVERSY THAT SHOULD ARISE IN MERIT OF ITS INTERPRETATION OR OTHER WILL FAL UNDER THE JURISDICTION OF THE BULGARIAN COURT OF PLOVDIV, BULGARIA.
18.1 – PHOTOS SENT: THE SUPPLIER GUARANTEES THAT THE GOODS REFERRED TO IN THIS CONTRACT CORRISPOND TO THE PHOTOS SENT AND SAID PHOTOS ARE FOR THE WHOLE OF THE CONTRACT AS THESE PHOTOS HAVE BEEN USED BY DELIMES LTD TO CLOSE THE CONTRACT WITH ITS CLIENTS.
18.2 – IN THE EVENT THAT THE GOODS DO NOT CORRISPOND TO THE PHOTOS SENT BY THE SUPPLIER, BEING AND INTEGRAL PART OF THIS CONTRACT, THE ENTIRE LOAD OF GOODS WILL BE SENT BACK TO THE SUPPLIER AND THE RELATIVE COSTS FOR THE TWOWAY SHIPMENT CHARGED AND PAID BY THE SUPPLIER WHO AGREE TO PAY BEHIND SIMPLE WRITTEN REQUEST OF DELIMES LTD.
18.3 – RESTRICTIVE CALUSE TO THE PROPOSABILITY OF EXECPTIONS: IT IS SPECIFICALLY AGREED WITH REFERENCE TO BULGARIAN LAW THAT THE SUPPLIER OF THE GOODS, IN CASE OF A CLAIM ON THE GOODS, WHOSE INVOICE HAS BEEN PAID IN ADVANCE, WHERE A PRECISE WRITTEN STATEMENT BY DELIMES LTD STATES TO RETURN THE CLAIMED GOODS OR IN CASE OF THE JUDGEMENT OF AN INSPECTION AGENCY STATING THE ACCURACY OF THE CLAIM (AS PER NOTE 17), CANNOT MAKE EXCEPTIONS IN ORDER TO PREVENT OR DELAY THE RETURN OF THE ENTIRE PRICE PAYMENT RECEIVED IN ADVANCE FOR THE GOODS BY DELIMES LTD. SUCH EXCEPTIONS CAN ONLY BE BROUGHT AFTER THE FULL REFUND OF THE PAYMENT MADE IN ADVANCE BY DELIMES LTD.
18.4 – THE TRANSPORT COMPANY AND THE SUPPLIER CANNOT RELEASE THE TRUCK AND ALLOW THE TRANSPORT, BEFORE DELIMES LTD HAS PREVIOUSLY APPROVED AND AUTHORIZED ALL THE LOADING DOCUMENTS AND TRANSPORT. ALL DAMAGES SUFFERED DELIMES LTD, CONSEQUENTLY AND RELATED TO THIS KIND OF FAULT AND CONTRACTUAL OBLIGATION, WILL BE CONSIDERED THE RESPONSIBILITY OF THE TRANSPORT COMPANY AND OF THE SUPPLIER, WHO WILL HAVE TO REFUND THE LOSSES TO DELIMES LTD.
18.5 – FOR SUPPLIER: IN CASE OF NON DELIVERY OF TRANSPORT DOCUMENTS (DDT,CMR,HEALTH CERTIFICATE,ORIGIN CERTIFICATE, ETC…) OR FAILURE TO EXECUTE ALL INSPECTIONS MANDATORY REQUIRED (SGS-BUREAU VERITAS-COTECNA,ETC…) OR ANY DOCUMENT OR INSPECTION REQUIRED CONTRACT, ALL DAMAGES ARISING AS A RESULT OF SUCH SUPPLIER NEGLIGENCE WILL BE CHARGED TO THE SUPPLIER. DELIMES LTD WILL ISSUE AN INVOICE FOR ALL DAMAGES AND THE NEGLIGENT SUPPLIER WILL ENGAGE TO PAY THE SAME INVOICE WITHOUT PUTTING EXCEPTIONS AND ON SIMPLE REQUEST OF DELIMES LTD.
18.6 – FOR THE SUPPLIER – COLLABORATION CLAUSE: IF THE CLIENT, FOR ANY KIND OF REASON, OTHER THAN THE DISPUTE, ABONDON THE LOAD TO DESTINATION, REFUSES TO WITHDRAWL THE GOODS OR THE DELIVERY BECOME IMPOSSIBLE DO TO FORCE MAJEURE, THE SUPPLIER ON SIMPLE WRITTEN REQUEST OF DELIMES LTD, WILL COMPLYING BY RETREIVING THE GOODS AND REIMBURSE THE ADVANCE PAYMENT RECEIVED TO DELIMES LTD IN CASE THE GOODS HAVE BEEN PAYED IN ADVANCE. OF COURSE ALL FEES AND COSTS FOR THE RETURN OF THE GOODS TO THE SUPPLIER WILL BE CHARGED TO DELIMES LTD.
18.7 – THE SUPPLIER UNDERTAKES AND GUARANTEES THAT THE LOAD OF GOODS SUBJECT OF THIS AGREEMENT IS COMPLETED: WITHIN 3 HOURS OF ARRIVAL OF THE VEHICLE FOR CARGO CONTAINER, WITHIN 5 HOURS OF ARRIVAL OF MEANSVIA TRUCK LOAD. ALL EXPENSES OF DEMURRAGE INCURRED BY DELIMES LTD IN THE EVENT OF DELAY IN EXCESS LOAD HOURS ESTABLISHED BY THE CONTRACT, WILL BE IMMEDIATELY INVOICED TO THE SUPPLIER, WHICH IS COMMITTED TO PAY IMMEDIATELY WITHOUT ANY OBJECTION TO DELIMES LTD.
21 – IF AT THE TIME OF LOADING THE COSTS OF THE TRANSPORT AND COST DUE TO EXCHANGE COURRENCY RATE DIFFERENCES WILL HAVE SOME MODIFICATIONS COMPARING TO THE FIRST COSTS AGREED WHEN THE CONTRACT WAS CLOSE, IT IS DELIMES LTD RIGHT TO RENEGOTIATE THE PURCHASE AND SALES PRICES WITH THE CLIENT AND SUPPLIER IN ORDER TO RECUPERATE THE LOSS SUFFERED OR SOLVE THE CONTRACT WITHOUT PENALTY.
21.1 – DECLARATION OF CONFORMITY FOR PREVIOUS CONTRACTS/SUPPLIERS: THE UNDERSIGNED “SUPPLIER” COMPANY DECLARES THAT AT THE DATE OF SIGNING THIS CONTRACT THERE ARE NO RESERVATIONS ON PREVIOUS CONTRACTS STIPULATED WITH DELIMES LTD, THERE ARE NO PREVIOUS CONTRACTUAL BREACHES OF ANY KIND BY DELIMES LTD, THERE ARE NO CREDITS OR AMOUNTS CLAIMED BY THE SUPPLIER, OTHER THAN THE CONTRACTED GOODS INVOICES, TO DELIMES LTD.
21.2 – THE GOODS/SERVICE SUBJECT TO THE PRESENT CONTRACT IS PURCHASED WITH A RESERVATION OF A GRADE AS IT IS AGREED THAT THE EXAMINATION OF THE GOODS MUST BE AT THE PLACE WHERE DELIMES LTD HAS SENT/SENT THE GOODS/SERVICE. THE GRADE MUST BE EXPRESSED BY DELIMES LTD WITHIN 30 DAYS FROM THE ARRIVAL OF THE GOODS, AFTER WHICH THE SALE IS CONSIDERED PERFECTED. IF DELIMES LTD COMMUNICATES TO THE SUPPLIER NOT TO LIKE THE GOODS THE PROVIDER UNDERTAKES IMMEDIATELY TO RETURN TO DELIMES LTD THE SUM ALREADY PAYED IN ADVANCE AND ALL COSTS LATER ACCESSORIES THAT WILL BE IMMEDIATELY BILLED TO THE SUPPLIER.
WITHIN THE MEANING AND BY EFFECT OF BULGARIAN LAW, THE SUPPLIER DECLARES TO SPECIFICALLY APPROVE THE FOLLOWING CLAUSES:
1 – THIS ORDER/CONTRACT CAN BE REVOKED OR RESOLVED AT ANY TIME BY FORCE MAJEURE CAUSE ( ICC 2003 CLAUSE ) BY DELIMES LTD. THIS ORDER/CONTRACT IS SUBJECT TO THE “HARDSHIP ICC 2003 CLAUSE” AND IN THE CASE CAN BE REVOKED OR RESOLVED IN ANY TIME BY DELIMES LTD. THIS ORDER/CONTRACT CAN BE REVOKED OR RESOLVED AT ANY TIME BY DELIMES LTD IF THE CUSTOMER OR SUPPLIER HAS NOT SIGNED THE RESPECTIVE PURCHASE AND SALE CONTRACT RELATING TO THIS TRANSACTION OR FOR ANY REASON INDEPENDENT OF THE WILL OF DELIMES LTD WHERE THE CUSTOMER/SUPPLIER REFUSE TO DELIVER/WITHRAW THE GOODS COVERED BY THIS CONTRACT.
6.1 – IN THE CASE THAT, DURING HEALTH CONTROL AT THE PLACE OF DESTINATION OR TRANSIT BY HEALTH AUTHORITIES, SHOULD IT BE REVEAL BACTERIAL OR VIRAL PRESENCES OF INFECTIONS OR PROBLEMATIC OF ANY KIND WHICH WILL MAKE THE GOODS UNFIT FOR HUMAN CONSUMPTION, THE SUPPLIER UNDERTAKES WITH NO EXCEPTION TO RETURN THE AMOUNT PAID IN ADVNACE AND TO COMPENSATE DELIMES LTD FOR ANY AND ALL DAMAGE AS REQUIRE BY DELIMES LTD.
12.2 – FOR THE SUPPLIER: IN CASE OF FAILURE TO DELIVER GOODS BY THE SUPPLIER FOR ANY REASON, THE SUPPLIER IS OBLIGED TO PAY ANY COST/DAMAGES REQUIRED BY THE CUSTOMER TO DELIMES LTD, OR TO PAY THE DIFFERENCE BETWEEN THE PURCHASE PRICE OF THE GOODS CONCERNED IN THIS AGREEMENT AND THE PURCHASE PRICE OF THE PRODUCT ON THE MARKET AS A REPLACEMENT OF THE UNDELIVERED GOODS OR DISPUTED GOODS WITH REFERENCE TO CLAUSE 17 OF THIS CONTRACT, THESE COSTS SHALL BE IMMEDIATELY INVOICED BY DELIMES LTD.
12.3 – FOR THE SUPPLIER: THE “PREPAYMENT” CLAUSE, IF NOT ESTABLISHED BY DELIMES LTD TERMS OF CONTRACT, SHALL NOT BE USED AS AN EXCUSE TO TERMINATE THE CONTRACT, IF THE SUPPLIER DOES NOT INDICATE OR REFUSES TO INDICATE THE DATE OF LOADING WITHIN THE CONTRACTUAL TERMS ESTABLISHED FOR THE WITHDRAWAL OF THE GOODS.
17 – IN THE CASE OF DISPUTES IN COUNTRIES WHERE IT IS IMPOSSIBLE TO RETURN THE GOODS OR WHERE IT IS IMPOSSIBLE TO FIND AN IMMEDIATE AGREEMENT BETWEEN CUSTOMER AND SUPPLIER OF DELIMES LTD, THE RESOLUTION OF THE DISPUTE IS REFERRED TO THE OPINION AND JUDGMENT OF A CERTIFICATION BODY TYPE: “BUREAU VERITAS”+ “SGS”+ “COTECNA”+ “INTERTEK” OR BY ANOTHER INSPECTION BODY CHOSEN FREELY BY DELIMES LTD. DELIMES LTD WILL INFORM THE INSPECTION BODY OF THE REASON FOR THE DISPUTE FOR THE INSPECTION PROCEDURE AND THE RESULT OF THE INSPECTION WILL BE BINDING ON THE CUSTOMER AND SUPPLIER FOR THE SETTLEMENT OF THE DISPUTE. THE COST OF SUCH INSPECTION VISIT WILL BE CHARGED TO THE LOSING PARTY. THE CUSTOMER, AFTER SENDING THE INSPECTION REPORT SHOWING THAT HIS COMPLAINT IS UNFOUNDED, WILL IMMEDIATELY WITHDRAW THE COMPLAINT AND PAY THE BALANCE OF THE AMOUNT DUE. IF, ON THE OTHER HAND, THE INSPECTION BODY DETERMINES THE TRUTHFULNESS OF THE DISPUTE AND THE NON-CONFORMITY OF THE GOODS, THE SUPPLIER, AFTER RECEIVING THE INSPECTION REPORT, SHALL IMMEDIATELY REIMBURSE ALL COSTS INCURRED FOR THE RETURN OR DESTRUCTION OF THE GOODS, THE VALUE OF THE GOODS, THE LOSS OF PROFIT OF THIS CONTRACT, WHICH DELIMES LTD SHALL INVOICE. THE SUPPLIER UNDERTAKES TO PAY IMMEDIATELY THE ABOVE INVOICE UPON RECEIPT WHICH MAY ALSO BE BY MAIL,SKYPE,WHATS UP, SMS, OR ORDINARY POST, THE SAME PROCEDURE APPLIES IN THE EVENT THE CUSTOMER CLAIMS A NEW SUPPLY TO REPLACE THE DISPUTED ONE IN WHICH CASE WILL BE APPLICABLE THE RULES OF CLAUSE 12.2 OF THIS CONTRACT.
18 – THIS CONTRACT WAS CONCLUDED IN BULGARIA AND IS REGULATED BY BULGARIAN LAW. FOR ANY CONTROVERSY THAT SHOULD ARISE IN MERIT OF ITS INTERPRETATION OR OTHER WILL FAL UNDER THE JURISDICTION OF THE BULGARIAN COURT OF PLOVDIV, BULGARIA.
18.1 – PHOTOS SENT: THE SUPPLIER GUARANTEES THAT THE GOODS REFERRED TO IN THIS CONTRACT CORRISPOND TO THE PHOTOS SENT AND SAID PHOTOS ARE FOR THE WHOLE OF THE CONTRACT AS THESE PHOTOS HAVE BEEN USED BY DELIMES LTD TO CLOSE THE CONTRACT WITH ITS CLIENTS.
18.2 – IN THE EVENT THAT THE GOODS DO NOT CORRISPOND TO THE PHOTOS SENT BY THE SUPPLIER, BEING AND INTEGRAL PART OF THIS CONTRACT, THE ENTIRE LOAD OF GOODS WILL BE SENT BACK TO THE SUPPLIER AND THE RELATIVE COSTS FOR THE TWOWAY SHIPMENT CHARGED AND PAID BY THE SUPPLIER WHO AGREE TO PAY BEHIND SIMPLE WRITTEN REQUEST OF DELIMES LTD.
18.3 – RESTRICTIVE CALUSE TO THE PROPOSABILITY OF EXECPTIONS: IT IS SPECIFICALLY AGREED WITH REFERENCE TO BULGARIAN LAW THAT THE SUPPLIER OF THE GOODS, IN CASE OF A CLAIM ON THE GOODS, WHOSE INVOICE HAS BEEN PAID IN ADVANCE, WHERE A PRECISE WRITTEN STATEMENT BY DELIMES LTD STATES TO RETURN THE CLAIMED GOODS OR IN CASE OF THE JUDGEMENT OF AN INSPECTION AGENCY STATING THE ACCURACY OF THE CLAIM (AS PER NOTE 17), CANNOT MAKE EXCEPTIONS IN ORDER TO PREVENT OR DELAY THE RETURN OF THE ENTIRE PRICE PAYMENT RECEIVED IN ADVANCE FOR THE GOODS BY DELIMES LTD. SUCH EXCEPTIONS CAN ONLY BE BROUGHT AFTER THE FULL REFUND OF THE PAYMENT MADE IN ADVANCE BY DELIMES LTD.
18.5 – FOR SUPPLIER: IN CASE OF NON DELIVERY OF TRANSPORT DOCUMENTS (DDT,CMR,HEALTH CERTIFICATE,ORIGIN CERTIFICATE, ETC…) OR FAILURE TO EXECUTE ALL INSPECTIONS MANDATORY REQUIRED (SGS-BUREAU VERITAS-COTECNA,ETC…) OR ANY DOCUMENT OR INSPECTION REQUIRED CONTRACT, ALL DAMAGES ARISING AS A RESULT OF SUCH SUPPLIER NEGLIGENCE WILL BE CHARGED TO THE SUPPLIER. DELIMES LTD WILL ISSUE AN INVOICE FOR ALL DAMAGES AND THE NEGLIGENT SUPPLIER WILL ENGAGE TO PAY THE SAME INVOICE WITHOUT PUTTING EXCEPTIONS AND ON SIMPLE REQUEST OF DELIMES LTD.
18.6 – FOR THE SUPPLIER – COLLABORATION CLAUSE: IF THE CLIENT, FOR ANY KIND OF REASON, OTHER THAN THE DISPUTE, ABONDON THE LOAD TO DESTINATION, REFUSES TO WITHDRAWL THE GOODS OR THE DELIVERY BECOME IMPOSSIBLE DO TO FORCE MAJEURE, THE SUPPLIER ON SIMPLE WRITTEN REQUEST OF DELIMES LTD, WILL COMPLYING BY RETREIVING THE GOODS AND REIMBURSE THE ADVANCE PAYMENT RECEIVED TO DELIMES LTD IN CASE THE GOODS HAVE BEEN PAYED IN ADVANCE. OF COURSE ALL FEES AND COSTS FOR THE RETURN OF THE GOODS TO THE SUPPLIER WILL BE CHARGED TO DELIMES LTD.
21 – IF AT THE TIME OF LOADING THE COSTS OF THE TRANSPORT AND COST DUE TO EXCHANGE COURRENCY RATE DIFFERENCES WILL HAVE SOME MODIFICATIONS COMPARING TO THE FIRST COSTS AGREED WHEN THE CONTRACT WAS CLOSE, IT IS DELIMES LTD RIGHT TO RENEGOTIATE THE PURCHASE AND SALES PRICES WITH THE CLIENT AND SUPPLIER IN ORDER TO RECUPERATE THE LOSS SUFFERED OR SOLVE THE CONTRACT WITHOUT PENALTY.