General Terms of Sale. Should the Buyer have failed to control the quantity and quality of the Product or should it have used or sold the Product, the Seller cannot be held liable for any damages resulting from the Product’s use. Should the Product not comply with the technical specifications or in case of latent defects, the Seller, at its sole option, shall either replace or refund the defective Product, to the exclusion of any other compensation. The Buyer waives any rights to claim the Seller’s liability. No replacement or reimbursement, which is not motivated by non-compliance of the Product with the technical specifications or latent defects, shall be made without the express prior consent of the Seller. The Seller shall not be liable for any non-compliant Products if the Buyer was aware of the non-compliance prior to delivery. In accordance with the Seller’s instruction, the Buyer shall return the defective Products at the Seller’s expense (provided that the Buyer strictly complies with the Seller’s instructions).
General Terms of Sale. The sale of all Sand pursuant to this Agreement shall be governed by those general terms of sale as set forth on Exhibit C attached to this Agreement; provided, in the event of a conflict or inconsistency between the terms set forth on Exhibit C and the terms of this Agreement, the terms of this Agreement shall govern and control.
General Terms of Sale. In accordance with Article R211-12 of the French Code du tourisme, holiday brochures and contracts offered by travel agents to their customers must include the following terms and conditions in full (taken from Articles R211-3 to R211- 11 of the Code du tourisme). Article R211-3: Subject to the exceptions provided for in paragraphs 3 and 4 of Article L. 211-7, any offer or sale of travel or holiday services must be accompanied by the appropriate documents in accordance with the rules set out in this section. Separate invoicing for the various elements that make up a holiday purchase does not dispense the vendor from its obligations under the regulatory provisions contained herein. Article R211-3-1: The exchange of pre-contractual information and the communication of contractual conditions must be done in writing. This can be done electronically in respect of the conditions outlining the validity and exercise of this procedure, as contained in Articles 1369-1 to 1369-11 of the French Code civil. The name or company name and the address of the vendor, as well as its commercial registry number, are to be indicated, as provided for in section a) of Article L. 141-3. Alternatively, where applicable, the name, address and registry details of the grouping or union are to be indicated, as laid out in Article R. 211-2. Article R211-4: Prior to the signing of the contract, the vendor must provide the purchaser with information about the prices, dates and other elements that make up the service provided during the journey or stay. These include: 1º The destination and the means, nature and categories of transport used; 2º The type of accommodation, its location, its level of comfort and main characteristics, its accreditation and tourist ratings in accordance with the regulations or practices in the host country; 3º The catering services provided; 4º A description of the itinerary where the journey involves several stages; 5º The administrative and health procedures to be carried out by nationals of another European Union member State or a State that is party to the European Economic Area Agreement, especially in relation to border crossings, and the time required for such procedures; 6º The tours, excursions and other services either included in the package or available for an additional charge; 7º The minimum or maximum group size required to make the journey or stay possible, and where a minimum number of participants is required, the date by which the purchaser m...
General Terms of Sale. 4.1. WARRANTY AND LIMITATIONS Domtar warrants that the Goods to be delivered hereunder will meet the specifications and tolerances described in Section 4.6 below, free and clear of liens and encumbrances. Domtar’s obligation under this warranty is limited to refund to Weyerhaeuser its purchase price or replace the non-conforming Goods with Goods conforming to the specifications set forth in Section 4.6. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY, AND ALL OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF DOMTAR’S FAILURE TO MEET SAID SPECIFICATIONS, INCLUDING LIABILITIES ARISING FROM CLAIMS OF CONTRACT OR TORT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FOREGOING, AND DOMTAR’S SOLE OBLIGATION THEREUNDER IS AS EXPRESSLY STATED HEREIN. DOMTAR AND WEYERHAEUSER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES. 4.2. PRODUCTION, SHIPMENT AND DELIVERY Unless agreed to by Weyerhaeuser in advance in writing, Domtar shall produce and ship from the mill specified on Exhibit B as the exclusive source of supply and shall make delivery on the delivery date(s)
General Terms of Sale. Boule’s General Terms of Sale as amended from time to time shall apply in respect of all supplies hereunder save as varied by express provisions herein. The currently applicable General Terms of Sale have been attached hereto as Appendix A.
General Terms of Sale. 18.1 B2B has prepared this document in response to the Customers‟ requirement for Support Service. No contractual relationship shall arise between the parties, and B2B will not perform any services or deliver any products or services until both parties have signed this Agreement or signed the associated Support Agreement.
General Terms of Sale. Rev. 01/2017 Partial deliveries are possible at the request of the customer and at extra cost. Where not agreed otherwise, goods are shipped by voestalpine unpackaged and unprotected. Any resulting signs of corrosion, contamination and other adverse effects in or on the supplied goods shall not be deemed as defects. Packaging commensurate with the respective product properties and/or individual product requirements, however, is recommended and can be supplied by voestalpine based on a separate agreement. The supplier expressly confirms that all commercial packaging in the tariff categories of paper, films, other composite materials and wood are duly licensed under the “Altstoff Recycling Austria AG” collection and recovery system pursuant to the Austrian Packaging Ordinance (Verpackungsverordnung 2014). This only applies to domestic deliveries in Austria. Irrespective of the agreed shipping type, unloading shall be exclusively within the customer’s realm of responsibility, and the customer shall bear the respective risks and costs. All delivered goods shall be completely unloaded without any undue delay and without any damage or undue dirtying to the means of transport. Loose materials, dirt, debris and packaging must be removed. Returned packaging materials will not be accepted by voestalpine. Unless otherwise agreed, material handling and special transport equipment such as europallets, steel pallets and grate boxes shall be returned to voestalpine free of charge within four weeks following the delivery date. All risks, including the risk of seizure, are transferred to the customer at the time the goods are accepted by the forwarding agent or freight carrier. At the latest, all risks are transferred at the time the goods leave the Linz works or the agreed consignment storage warehouse. In the absence of any additional agreements pertaining to cost, risk or liability, the agreed Incoterms® 2010 clause shall be decisive for interpretation. The minimum charge for delay in taking delivery (also see Section 4) shall be 10 cents per metric ton per day.
General Terms of Sale. Rev. 01/2017
General Terms of Sale. 1. MOISTURE, WEIGHT, AND DEFINITIONS This contract is made and the pulp covered thereby is to be invoiced on the basis of air-dry fiber containing by weight 90% bone-dry fiber and 10% moisture. “Short ton” means 2,000 pounds, “metric ton” means 2,204.6 pounds of wood pulp on an air-dry basis. Unless otherwise specified, all references to tonnage shall mean metric tons, dimensions shall mean the International Metric System (SI), and monetary amounts shall be in U.S. dollars.
General Terms of Sale. Systems sold by E/I to APO pursuant to Article 2 shall be ordered by individual APO companies in writing submitted to E/I. No such order shall be binding upon E/I unless and until E/I accepts the order in writing. With respect to each such order the respective APO company and E/I will agree to delivery date, mode of transportation, packaging requirements, and delivery location at the time of the order. (a)
