Common use of Export Contracts Clause in Contracts

Export Contracts. If the Customer is located outside South Africa, the following additional provisions shall apply, unless otherwise agreed: (a) all Goods shall be supplied ex-works as defined in accordance with Incoterms as in force on the date of this Agreement; (b) the Customer shall be responsible for complying with any legislation or regulations governing the export of the Goods from South Africa and import into the country of destination and for the payment of any duties; (c) the Customer may at its cost inspect the Goods at AWC’s works before shipment, at a time to be agreed, and AWC shall rectify any defects notified by the Customer during such inspection. AWC shall not be liable for any defect discovered after shipment from AWC which would have been apparent on inspection (whether or not carried out), or any claim in respect of damage during transit; (d) in the event of a claim under the warranty in Clause 15 the Customer shall arrange and pay for transport of defective Goods to AWC and replacement and/ or repaired Goods shall be supplied to the Customer ex-works; and (e) payment shall be made by means of an irrevocable letter of credit in a form agreed by AWC and confirmed by a bank in South Africa acceptable to AWC.

Export Contracts. If the Customer is located outside South Africa, the following additional provisions shall apply, unless otherwise agreed: (a) all Goods shall be supplied ex-works as defined in accordance with Incoterms as in force on the date of this Agreement; (b) the Customer shall be responsible for complying with any legislation or regulations governing the export of the Goods from South Africa and import into the country of destination and for the payment of any duties; (c) the Customer may at its cost inspect the Goods at AWC’s works before shipment, at a time to be agreed, and AWC shall rectify any defects notified by the Customer during such inspection. AWC shall not be liable for any defect discovered after shipment from AWC which would have been apparent on inspection (whether or not carried out), or any claim in respect of damage during transit; (d) in the event of a claim under the warranty in Clause 15 16 the Customer shall arrange and pay for transport of defective Goods to AWC and replacement and/ or repaired Goods shall be supplied to the Customer ex-works; and (e) payment shall be made by means of an irrevocable letter of credit in a form agreed by AWC and confirmed by a bank in South Africa acceptable to AWC.