Terms of sale and delivery № APV 0032
- Orders become valid only after confirmation by the Supplier. Amendments, supplements must be made in writing. All offers are subject to change without notice unless an agreement has been concluded or pre-payment made.
- These Terms shall apply to current transactions and also to future transactions in which the Terms are not referred to, provided that the Terms have been received by the Buyer with a pre-approved order from the Supplier.
- The Buyer’s terms of business shall not apply unless they have been expressly agreed on in advance and confirmed in writing.
II. Prices and ownership
- Standard prices are quoted exclusive of delivery on receipt at the APV Polimērs warehouse, exclusive of customs duty, additional import duty, labelling and packaging attributes (pallets, film, etc.), plus value added tax at the prevailing rate.
- In the event of significant changes in the main cost factors (prior to delivery) after the submission of the offer or after order confirmation, the Supplier and the Buyer shall agree accordingly on an adjustment of the price and cost proportions of the goods.
- The Supplier shall not be bound to the prices of previous transactions when placing new orders. For each new order, the Supplier shall set the price at the previous level or change it.
- We reserve the reservation rights and copyrights to diagrams, drawings, calculations and other documents. This also shall apply to those written documents marked “confidential”. The Buyer shall obtain our written consent before such documents are passed on to third parties.
III. Ordering goods
When ordering goods, the following shall be stated:
1) The product No. or article as it appears on the company’s website www.polimers.lv/en
4) Preferred date of receipt
5) The intended use of the goods
6) Type of raw material.
If the Customer does not inform about this, he is responsible for the goods chosen. The Buyer and the Seller may, by mutual agreement, use a scheme whereby the Buyer supplies the Seller with unusable boxes which are no longer suitable for the Seller, and the Seller may use the raw material to make new boxes for the Buyer. In this case, both parties are aware of the whole exchange process and do not make any claims against each other. The volumes, prices, delivery terms shall be agreed on in addition, as evidenced by the relevant supporting documents.
- Delivery periods shall begin once all documents necessary for the execution of the order have been received, payment terms have been agreed on and the material has been ordered on time, if previously agreed. When the goods are reported ready for dispatch, the delivery period shall be deemed to have been met if dispatch is delayed or rendered impossible through no fault of the Supplier.
- If the agreed time for delivery is not met because of the Supplier, the Buyer shall be entitled, in the absence of gross negligence or intent and to the exclusion of any other claims by the Buyer, to claim compensation for the default or to terminate the agreement.
- Irregularities of up to plus/minus 3% of the ordered quantity are permissible.
- For orders for which the deadline, batch sizes and acceptance dates have not been agreed on, the Supplier may request binding agreement thereon no later than three months after the order has been confirmed. If the Buyer fails to comply with this requirement within three weeks, the Supplier shall be entitled to set a further period of two weeks and, upon expiry thereof, to withdraw from performance of the agreement and/or claim damages. If the Buyer fails to fulfil its obligation to accept the goods, the Supplier shall not be bound by the provisions governing sale without recourse to the courts, irrespective of its other rights. Instead, the Supplier may sell the goods on the open market by giving prior notice to the Buyer. The Supplier reserves the right to additional claims (in particular, damages and expenses).
- In the event of untimely removal of the goods, the Seller shall be entitled to move the ordered goods from the closed warehouse to an outdoor area, ensuring in advance the maximum possible security of the goods and their packaging. This paragraph shall commence from the moment the Seller has informed the Buyer in writing and 10 (ten) calendar days have elapsed.
Force Majeure shall entitle the Supplier to postpone delivery until the problems have been resolved, or to waive performance of the contractual provisions in whole or in part, even if part of the contractual paragraphs have not yet been fulfilled. Strikes or other unforeseen events, such as disruptions in the work process, which make it impossible for the Supplier to deliver on time shall be considered as the equivalent of Force Majeure, but the Supplier must prove this. The Buyer may require the Supplier to give two weeks’ notice whether the Supplier intends to withdraw from the performance of the contractual obligations or to make delivery within the deadline. If he/she (the Supplier) fails to respond, the Buyer may withdraw from the part of the contractual obligations not yet performed. The Supplier shall immediately inform the Buyer if an event of Force Majeure occurs. The Supplier shall endeavour to keep the Buyer’s damages to a minimum.
V. Packaging, dispatch, possible risks
Unless otherwise agreed on in advance, the Supplier shall choose the method of packaging and dispatch and the route of dispatch. The risk passes to the Buyer when the goods leave the Supplier’s factory. In the event of delay in dispatch (due to the Buyer) the risk shall pass to the Buyer as soon as he is notified that the goods are ready for dispatch. Storage periods shall be agreed on separately in each case. The Buyer shall cover the cost of storing the goods ready for dispatch. The cost shall be 0.5% of the basic price of the goods, but shall not exceed 5% in total. The contracting parties shall be entitled to prove that the storage costs are lower or higher than the above percentages. The goods may be insured, if the Buyer so wishes, at his expense and against all risks specified by him.
VI. Reservation of ownership
The cargo shall remain the property of the Supplier until all claims and liabilities of the Supplier against the Buyer have been satisfied.
VII. Warranty and defects in the quality of the goods
The description and sample of the goods shall be conclusive in determining the quality of the goods. Initial samples presented to the Buyer on request (for inspection) must be unalterable. Reference to technical specifications is intended to describe characteristics and should not be interpreted as an agreement or warranty as to their legal or factual nature. Minor irregularities with the original in colour photographs or reproductions shall not be considered a defect. The technical specification shall be of an informative nature, except where it is annexed to and forms an integral part of the agreement.
If the Supplier has given advice to the Buyer which goes beyond his contractual obligations, he shall be liable for the reliability and suitability of the goods delivered only if he has given express prior assurance (warranty).
Obvious defects shall be reported immediately in writing. In the event of visual defects, the Buyer must e-mail the Supplier a photograph of the defects and the Supplier’s label, a sticker bearing the manufacturer’s details (preferably from each pallet). If hidden defects are found, they shall be reported as soon as they are discovered. In both cases, all warranty claims are valid for 12 months from the date of receipt of the goods, unless otherwise agreed on in advance.
If the notified defect is confirmed, the Supplier shall be obliged to remedy the defect. If the Supplier fails to comply with this obligation within a reasonable time, despite several attempts, the Buyer shall be entitled to demand a reduction in the price of the goods or to withdraw from the performance of the contractual obligations. Additional claims, in particular claims for reimbursement of costs or claims for damages in respect of direct damage and consequential damages resulting from the defect, may only exist in accordance with Section VII.
If the Buyer repairs the goods and is liable for mishandling of the goods, all his warranty claims will be void. The Buyer shall be entitled to repair the goods only by prior agreement with the Supplier and to claim reasonable compensation therefor in order to remedy minor damage or in the event that the Supplier fails to remedy the defect in a timely manner.
Normal wear and tear shall not be covered by the warranty. Mechanical damage (e.g. scratches, abrasions, cuts, etc.) resulting from use shall not be covered by the warranty.
The Buyer is advised that the goods delivered should be thoroughly cleaned, disinfected etc. before first use, especially if they are to be used in the food industry. The raw material for recycling shall be carefully selected by the Supplier. However, the surface condition, colour, purity and physical or chemical properties of the recovered plastic may vary from batch to batch. This shall not entitle the customer to report defects to the Supplier.
It shall be the Buyer’s responsibility (before placing an order and receiving the goods) to inspect the goods and/or obtain a sample in order to understand exactly what goods they are receiving and will use in the future. It shall be the Buyer’s responsibility to visually assess the goods before receiving them (and even more so before using them) in order to detect any visual defects. In the event of defects being discovered, the Buyer shall notify the Seller immediately.
During the warranty period, it is important to observe certain conditions: transporting the goods properly – on pallets and trolleys; avoiding the use of hooks to pull the goods; avoiding overloading the goods; adhering to the recommended operating and storage temperature regimes; storing the goods in a warehouse (enclosed space); not storing the goods in an inappropriate space, allowing the goods to be exposed to precipitation and direct sunlight; washing and treating the goods with special disinfectants and/or cleaning agents in specially designed washing facilities. The goods cannot be subjected to rapid fluctuations in temperature or mechanical stresses exceeding those permitted by the regulatory documents at any stage of technological processing by the final consumer. Before use, the boxes shall have been aged in the production premises for at least 12 hours (at a temperature of 20+/-3). The boxes shall be stored stacked one on top of the other. If the boxes are stored in heated rooms, they shall be at least 3 metres away from heating appliances.
VIII. General limitations of liability
In all cases where the Supplier, notwithstanding the above terms and conditions, shall be liable on contractual or statutory grounds for damages or expenses, he shall be liable only to the extent that the company, its officers, employees or assistants are charged with intent, gross negligence or death, personal injury or physical harm.
IX. Place of enforcement and jurisdiction
The place of enforcement shall be our principal place of business. The place of jurisdiction is the court having jurisdiction over our principal place of business. We reserve the right to bring an action against the Buyer in its place of general jurisdiction. The laws of the Republic of Latvia shall apply. Under the laws of the Republic of Latvia, a case cannot be brought under the laws of another country or under international law.