PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS THE TERMS AND CONDITIONS OF SALE THAT APPLY TO THE SALE AND OR PURCHASE OF PRODUCTS OFFERED TROUGH MEDIATION OF EXPORTBROKERS LTD (“THE COMPANY”). ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN CUSTOMERS PURCHASE ORDER, PERFORMA INVOICE OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON THE COMPANY UNLESS A SEPARATE AGREEMENT HAS BEEN SIGNED BY AN AUTHORIZED OFFICER OF THE COMPANY. BY PLACING AN ORDER OR ASKING ASSITANCE TO SELL PRODUCTS FROM THE COMPANY, OR BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR INVOICE RECEIVED WITH THE PRODUCTS, OR ISUING A PERFORMA INVOICE TO COMPANY OR A BUYER FROM THE COMPANY YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS OF SALE.
PRICES, DISCOUNTS AND QUOTATIONS
Upon acceptance by the purchaser and seller (“Customer”) of any quotation, purchase order or shipment, Performa invoice of products or services (“Goods”) provided by Exportbrokers Ltd. hereunder, Customer shall be bound by the provisions of these Standard Terms & Conditions of Sale (“the Agreement”), including all provisions set forth on the face of any applicable purchase order, whether purchaser and seller (“Customer”) acknowledges or otherwise signs this Agreement or the purchase order, unless Customer objects to such terms in writing prior to such acceptance. Goods shall be invoiced at prices in effect at time of order acceptance, provided that prices for any order. All Exportbrokers Ltd prices are exclusive of freight, federal, state or local taxes. Prices published by Exportbrokers Ltd are for estimation purposes only, are subject to change without prior notice and do not constitute quotations or an offer to sell. Quotations are subject to cancellation at any time .
PAYMENT TERMS
Unless otherwise agreed to in writing by Exportbrokers Ltd, all invoices to buyer shall be paid per (??) direct at the date of invoice. Customer must contact Exportbrokers Ltd representative for information regarding any Customer-specific payment terms. All payments will go trough Exportbrokers Ltd, purchaser and seller (“Customer”) expressly agrees that in all cases Exportbrokers will deduct his/her commission before transferring the funds to the selling parties. purchaser and seller (“Customer”) expressly agrees that in all cases the commission of Exportbrokers is nonrefundable, also in the case one or both purchaser and seller (“Customer”) will not fulfill her commitments
ACCEPTANCE OF ORDERS
Exportbrokers Ltd reserves the right to reject all orders at all times. Neither an order acknowledgment nor shipment of the Goods ordered shall constitute acceptance or confirmation of the terms contained on a Customer’s purchase order or Performa invoice. By submitting its purchase order or Performa invoice purchaser and seller (“Customer”) expressly agrees that in all cases, the terms and conditions contained in this Agreement shall prevail, unless otherwise agreed by Exportbrokers Ltd in writing and signed by its duly authorized employee.
FREIGHT TERMS
The shipment of any Goods purchased hereunder shall be made exw (??) sellers warehouse, unless otherwise agreed by seller in writing and signed by its duly authorized employee.
CANCELLATION OF ORDERS
No cancellations or reschedules will be accepted (“after issuing a purchase order or Performa invoice”) from either purchaser and seller (“Customer”) . All cancellations and reschedules of orders by the purchaser and seller (“Customer”) will result that the full commission has to has to be paid to Exporbrokers Ltd.
LIMITATION OF LIABILITY
Exportbrokers Ltd will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Exportbrokers Ltd will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, Exportbrokers Ltd is not liable or responsible for any amount of damages. By ordering the services requested from Exportbrokers Ltd, the Customers acknowledges and agrees: Exportbrokers Ltd and their affiliates are brokers - mediators of contracts for professional services, customized professional services the providers of said products. The Service Provider is the only obliger responsible for providing services to the Customer seller and buyer, hereby releasing Ambient, Exportbrokers Ltd and their affiliates from any and all claims the Customer may have arising from the provision of any such services. Ambient is merely acting to assist the Customer in obtaining the services desired by it and provided by the Service Provider. The legal liability of any sale brokered by Exportbrokers Ltd rest explicit with the buyer and seller involved in every and all deals.
DELIVERY INFORMATION
Shipping dates indicated by Exportbrokers Ltd are estimates based on currently available stock and are subject to change upon notification to Customer. In all cases, the Customer shall be prepared to accept shipment on the indicated date. All shipments shall be made as soon as the Goods are prepared.
CLAIMS
SHIPMENT DAMAGE OR SHORTAGE – Goods damaged in shipment should not be returned to Exportbrokers. All damage and shortage claims should be made by Customer upon receipt of the Goods and filed directly with the carrier handling the shipment. The carriers agent should always be requested to make a notation on the freight bill specifying the damage or shortage. Exportbrokers Ltd shall make every effort to assist Customer in presenting these claims to the carrier and or seller. However, collection of claims is the Customers responsibility.
WARRANTY
Good are sold without warranty, unless otherwise agreed by seller in writing and signed by its duly authorized employee.
TITLE & INSURANCE
All risk of loss and damage to the Goods are for risk of the Customer at all times.
GOVERNING LAWS
Unless otherwise agreed by Exportbrokers Ltd in writing, all transactions with Exportbrokers Ltd shall be governed. by the laws of the Netherlands without regard to its conflict of law provisions.
