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).
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.
18.11 – THE HAULIER/FORWARDER/SHIPPING COMPANY IS REQUIRED TO VERIFY THE TEMPERATURE OF THE GOODS WHEN THE LOAD IS READY TO BE CHARGED AND WRITE ON THE CMR/TRANSPORT DOCUMENT THE TEMPERATURE DETECTED AND REQUIRED TO INFORM IMMEDIATELY IF TEMPERATURES OF GOODS DO NOT COMPLY AS CONTRACT.THE HAULIER/FORWARDER/SHIPPING COMPANY IS ALWAYS LIABLE FOR ALL TEMPERATURE NON CONFORMITY FOUND ON DELIVERY OF GOODS, ALL DAMAGES TO THE GOODS AND UNDERTAKES TO PAY TO DELIMES LTD IMMEDIATELY ON SIMPLE WRITTEN REQUEST OF THE SAME. THE HAULIER/FORWARDER/SHIPPING COMPANY, ALSO UNDERTAKES ADDITION TO SEND TO DELIMES LTD, WITHOUT ANY ADDITIONAL COST, ON SIMPLE REQUEST A COPY OF ALL AND ANY DOCUMENTS RELATED TO THE LOAD, AS REGISTER OF TEMPERATURES, CERTIFICATE, BILL OF LADING, TACHOGRAPH, CMR, DDT, ETC.
18.12 – THE COST OF TRANSPORT WILL BE PAID ONLY AT THE MOMENT OF RECEIPT OF THE SIGNED COPY OF THE CMR OR WAYBILL BY THE CONSIGNEE, PROVING THE DELIVERY OF THE GOODS AND THE ABSENCE OF CLAIMS WHICH MAY ESTABLISH ANY RESPONSIBILITY OF THE TRANSPORT COMPANY.
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.
18.51 – ALL TRANSPORT QUOTATION REQUIRED BY DELIMES LTD ARE INTENDED AS “ALL INCLUSIVE” WITH REGARD TO THE INCOTERMS APPLIED, AND NO ADDITIONAL CHARGES OR COSTS WILL BE ACCEPTED AT THE TIME OF THE ISSUE OF THE INVOICE BY THE AGENT/CARRIER/SHIPPING COMPANY THAT EXCEED THE CONTRACT PRICE FIXED COSTS, EXTRA COSTS RELATED TO LOADING STOPS, UNLOADING STOPS, STOPS DUE TO DEPARTURE OR ARRIVAL PORT CONGESTION WILL NOT BE ACCEPTED, COST REALETED TO REFRIGERATION, CANCELLATION WITHING THE 24 HOURS PRIOR LOADING ETC. ETC WILL NOT BE ACCEPTED, IN AS THIS IS A RISK OF BUSINESS-RELATED ACTIVITY THE HAULIER/FORWARDER/SHIPPING COMPANY AND NON COMPETING TO DELIMES LTD, TO THIS REGARD DELIMES LTD AUTHORIZE SIN BY NOW THE HAULIER / FORWARDER/ SHIPPING COMPANY TO TAKE DIRECT CONTACT WITH SUPPLIER IN ORDER TO DEFINE AND OPTIMIZE THE RULES AND TIMES OF LOAD OF GOODS.
18.52 – THE AGENT/CARRIER/SHIPPING COMPANY MUST PROMPTLY NOTIFY TO THE CUSTOMER DELIMES LTD, IF THE LOAD IS REFUSED AT DESTINATION OR THE CONTAINER HAS NOT BEEN WITHDRAWN AT THE PORT OF DESTINATION: FOR TRANSPORT BY SEA AFTER 3 DAYS FROM ARRIVAL, FOR TRANSPORT BY LAND THE DAY OF ARRIVAL. DELMES LTD WILL NOT ACCEPT ANY EXTRA CHARGES IN CASE OF SHIPPER FAILURE TO NOTICE THE CARGO ARRIVAL, UNDER THE TERMS OF THIS CONTRACT CLAUSE.
18.53 – IN THE CASE OF SHIPMENTS BY SEA THE HAULIER/FORWARDER/SHIPPER COMPANY AT THE SUBSCRIPTION OF THE TRANSPORT CONTRACT, MUST NOTIFY DELIMES LTD REGARDING THE ARRIVAL DATE OF THE BOAT/GOODS AT THE DESTINATION PORT. ANY CHARGES OF DATE OF ARRIVAL MUST BE IMMEDIATELY BE NOTIFY TO DELIMES LTD. THE SHIPPER/SHIPPING COMPANY MUST REGULARY NOTIFY DELIMES LTD AT LEAST 10 DAYS PRIOR OF ARRIVAL DATE. THE FAILURE OF SUCH ALLERT TO DELIMES LTD WILL CAUSE THAT NO EXTRA CHARGES MUGHT BE DEBIT AND ACCEPTED BY DELIMES LTD OR ITS CLIENT, SUCH CHARGES WILL DOCUMENTED, REGISTRATED AND IMMEDIATELY INVOICE BY DELIMES LTD TO THE HAULIER/FORWARDER/SHIPPER COMPANY WHICH WILL BE ENGAGED INTO PAY THEM AND ALLOW SIN TO COMPENSATE ANY EVENTUAL AMOUNTS DUE.
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.
21.11 – THIS CONTRACT IS SET FOR MERCHANDISE’S SHIPMENT BY LAND AS PER “CMR CONVENTION”, CONVENTION ON INTERNATIONAL ROAD TRANSPORT OF GOODS (CMR) SIGNED IN GENEVA ON 19MAY 1956,AS AMENDED BY THE PROTOCOL OF JULY 5, 1978. THIS CONTRACT IS GOVERNED IN THE CASE OF USING A FREIGHT FORWARDER. THIS CONTRACT IS GOVERNED BY ANY KIND OF TRANSPORT BY SEA OR BY LAND FROM THE BULGARIAN LAW.
21.12 – THE EXECUTION OF THE SERVICE RELATING TO THIS CONTRACT AND THE RELATING INSTRUCTION AND CLAUSES, IF NOT SIGNED BY THE RECIPIENT, SHALL BE APPROVED IN ITS ENTIRETY, AS A TACIT CONSENT AND CONCLUDING BEHAVIOR, UNDER THE BULGARIAN LAW, IF THEY ARE NOT RECEIVED WRITTEN COMMUNICATIONS WITHIN 24 HOURS OF PROVENRECEIPT BY FAX, MAIL.
WITHIN THE MEANING AND BY THE BULGARIAN LAW, THE SUPPLIER/CARRIER DECLARES TO SPECIFICALLY APPROVE THE FOLLOWING CLAUSES:
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.
18.5 – 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.
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.