The following conditions apply and are deemed to be incorporated in all Sale Agreements made by Chemelco International BV (the Seller), unless the contrary is specifically agreed in writing by Chemelco International BV. When the Buyer sends its purchase order to the Seller or when the Buyer receives the ordered goods, the Buyer agrees expressly and specifically to the Seller's general sale conditions and these conditions exclude any terms or conditions of the Buyer.
Sale offers are not binding, unless the contrary is expressly and specifically agreed between the Seller and the Buyer. The agreement becomes effective when the Seller accepts Buyer's purchase order.
Product features are indicated on the detailed list issued by the Seller. Any other warranty, such as marketability or suitability for any special purpose, is expressly excluded. The Buyer should check carefully for the product quality immediately upon receipt or, however, before using the product. Deficiencies, if any, are to be reported immediately and before further processing.
Product quantity is indicated on the delivery documents issued by the Seller. The Buyer should check carefully the product quantity upon receipt of goods and should report to the Seller any deficiencies.
Delivery terms are indicative and unbinding. The Seller reserves the right to make partial deliveries. The Seller shall not be responsible for any damages caused by any delay in delivery or failure in delivery. The buyer should report immediately upon delivery to the Seller any claims related to damages occurred during the transport.
In case the Buyer fails to make full and final payment on the agreed expiry date, the Seller reserves the right to charge default interests.
The Seller is entitled to fail to carry out its contractual obligations in case of force majeure, including the lack of raw materials. In case the events of force majeure continue for more than 3 months, the Seller is entitled to terminate the contract.
The Netherlands is appointed as place of jurisdiction.