Shipping and Delivery

INTERPRETATION

“BUYER” means the person who accepts a quotation of the Seller of the sale of the Goods or whose order of the Goods is accepted by the Seller.

“GOODS” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these conditions.

The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

The Goods will be delivered per customer’s purchase order, and hereinafter will be considered as an agreement. Changes to the terms of any contract will be effective only if agreed to in writing. If any agreed change increases the time or cost to ELEMECH of contract execution, the contract and/or price will be adjusted accordingly.

No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

Orders from Buyer are only binding on ELEMECH after written notice of the order has been issued and only pursuant to the terms set forth in the Order Acknowledgment.

The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

ORDERS AND SPECIFICATIONS

  • No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing.
  • The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms or any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods with sufficient time to enable the Seller to perform the contract in accordance with its terms.
  • The quantity, quality, and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) of the Buyer’s order (if accepted by the Seller).
  • No order which has been accepted by the Seller may be canceled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

PRICE OF GOODS

  • The price of the Goods shall be the Seller’s quoted price, or where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of dispatch of the goods. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
  • The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, a significant increase in the costs of labour, materials or other costs of manufacture), , quantities or specification for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
  • In case of delivering premises are changed, the Seller agrees to deliver the Goods at the Buyer’s premises, and the Buyer shall be liable to pay the Seller’s charges of transport, packaging, and insurance.
  • The Seller is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with the return of the product. If the pricing error results in an overcharge to you, we will credit your account for the amount overcharged.”

TERMS OF PAYMENT

  • cancel the contract or suspend any further deliveries to the Buyer
  • appropriate any payment made by the Buyer to such of the Goods (or goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer)
  • cancel or withdraw any discounts given or offered to the Buyer, in case of any changes may occur in the prevailed rate exchange

    If the Buyer fails to make any payment on the due date without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

  • The Buyer shall pay the price of the Goods within 30 days which the Seller’s invoiced is dated, the time of payment of the price shall be the essence of the Contract. Receipts for payments will be issued only upon request.

  • Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods.

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SHIPPING & DELIVERY

  • Delivery of goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place at the Buyers cost and risk.
  • The seller will not be liable for any delay in delivery of the good howsoever may occur beyond the Seller’s reasonable control. Times for delivery shall not of the essence unless previously agreed by the Seller in writing.
  • We ship all required parts to FOB destinations, using the best method possible. We offer our customers with many choices of delivery terms, such as FOB, CIF, DDU and DDP. Freight will be prepaid and added to your invoice. The fee will be subject to the prevailing condition and circumstances. ELEMECH is, hereof, obliged to provide a genuine part that is technically fit in accordance with the given specifications by the customer. ELEMECH will not be responsible and will not be subject to legal action for any upgrade or retrofit that may occur on the products, or in any way inconsistent with the original machine.
  • Promised availability Ex-Works after receipt of a Release Order (Bidder to insert specific location where dispatch will be made Ex-works, whether in Yemen or Gulf Region) the length of time 2 Days. NAVIGO TEPO 15/40 EXW UAE Avant-garde 15W40 EXW Italy.
  • Estimated transit time to FCA Aden, Yemen (in days) (Bidder to insert delivery point I port of entry within Yemen) length of time NAVIGO TEPO 15/40 7 Days. Avant-garde 15W40 10 Days.
  • Estimated transit time to DDP to PetroMasila’s CPF Masila Site in Yemen (in days) length of time 10 days.
  • Estimated transit time to FCA Freight works in Jebel Ali (in days NAVIGO TEPO 2 Days. Avant-garde 15W40 10 Days.

Documentation

In addition to the usual shipping documents (Bill of Lading, Commercial Invoice, and Packing List), Bidder shall ensure that Inspection and Test Certificates for.

Invoice for Payment

Invoices for payment must be delivered to the designated PetroMasila accounting office stated in the Release Order. Copies of Bills of Lading, Commercial Invoices, Packing Lists, and applicable Release Orders should be.

SPECIAL CONDITIONS

  • Product Avanta Grade 15W / 40 is European origin.
  • Product Navigo TEPO 15/40 is UAE origin.
  • Flushing oil will be free of charge if it is necessary.
  • Minimum rental for ISO Tank is 6 months.
  • Price Adjustment Mechanism

Main grade prices will be adjusted every Quarter following an ICIS adjustment scheme. Basis for this adjustment scheme are the ICIS values of the three regions:

  • NWE Spot
  • ex-Tank Singapore Spot
  • FOB US Gulf Coast Spot

Out of these three values another average is calculated according to following ratios

  • NWE Spot: 45%
  • ex-Tank Singapore Spot: 45%
  • FOB US Gulf Coast Spot: 10%

For every new Quarter this ICIS value is recalculated following above mechanism. Prices will then be adjusted by adding or subtracting 75% of the difference between the two previous quarterly values.

  • The supplier will deliver Goods to the location and in the quantities and on the date specified by the manufacturer. Time is of the essence and failure to deliver Goods in accordance with the date specified in the Purchase Order will be considered a material breach.
  • All Goods will be packaged according to safety instructions, and according to good commercial practice in a manner sufficient to ensure receipt in an undamaged condition.
  • The supplier will give written notice of shipment to the Buyer when the Goods are delivered to a carrier for transportation
  • The supplier will provide the Buyer with any documents or information the Buyer may require to comply with international trade regulations or to lawfully minimize duties, taxes, and fees.
  • We will not be responsible for a delay caused by emergency circumstances or beyond the control of the supplier.