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Condition for 2010
ARTICLE 1: ACCEPTANCE OF ORDERS
The placing of an order implies full acceptance of our General Conditions of Sale. Dispatch is managed by Asia Trading Center, and orders must be accepted on the specified dates.
ARTICLE 2: DELIVERY
Delivery periods are approximate only. Should an order be delivered late, the buyer may not cancel the purchase, refuse to accept the goods, or claim compensation or interest.
ARTICLE 3: TRANSPORT
All of our goods are sold in the condition in which they were collected from our factory or warehouse by your forwarding agent and shipped by container or truck, from Java – Bali (Indonesia). They are transported at the risk of the buyer, whatever the method of transport or the terms of payment.
ARTICLE 4: PRICING
Our goods are invoiced on the basis of the rates applicable on the day the order was placed, and on the day the container or crate(s) is/are closed. As Southeast Asia is subject to major currency fluctuations, our prices are net and fixed on payment of instalments and of the balance. The prices used for invoicing are unit, net, ex-factory prices exclusive of tax, packaging, and local and international transport, in euros.
ARTICLE 5: TERMS OF PAYMENT
Our invoices are payable to the administrative head office, to our purchasing manager in France, or by bank transfer. The terms of payment are as follows: 50% on ordering the containers
50% on the date of reception of the first goods by the suppliers
Non-payment of a single payment or failure to fulfil any obligation on the part of the buyer shall render the current balance payable immediately. The buyer shall not make a claim against the seller in order to defer payment of all or part of an amount due, or in order to obtain compensation. Containers shall not be shipped if the current invoice has not been paid in full (goods, transport and local taxes).
ARTICLE 6: TERMS OF PAYMENT FOR BUYER AGENTS
Our agents are paid a percentage of the full value of the invoice. Commission varies between 15% and 80% depending on the work required. The percentage is included in the various payments due.
ARTICLE 7: GUARANTEE FOR SUPPLIES AND PRODUCTS
Asia Trading Center does not guarantee products against breakage, spoiling, damage or damp during transport from our factories to France.
ARTICLE 8: ADDRESS FOR SERVICE AND COURT OF COMPETENT JURISDICTION
The supplier informs the regional management of his/her address for service. Should a dispute arise in relation to the fulfilment of a sale contract or to payment, or to interpretation or fulfilment of the above clauses and conditions, the only courts of competent jurisdiction shall be those of the head office of the supplier. Our bills or acceptance of payment constitute neither novation of nor exemption from this jurisdictional clause.
ARTICLE 9: TITLE RETENTION CLAUSE
For any sale, title resides with Asia Trading Center from transfer to the buyer of the goods sold to full payment of the amounts due. From delivery of the goods, the buyer is liable for costs, and for the preservation, maintenance and use of the goods at his/her own risk.
ARTICLE 10: ACCEPTANCE OF THE PRESENT CONDITIONS The act of placing an order or requesting the services of our buyers constitutes acceptance of the present General Conditions of Sale.
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