|Miscellaneous >>General Terms
||General Sales Conditions
| Unless there is a written
provision to the contrary, all sales by Saneco Corporation
Ltd. and its Subsidiaries (referred below as "the
Company") shall abide to the following General
| Offers made by the Company
shall be understood as without obligation, others
than those specified in the offer itself and subject
unsold. Should there be any discrepancies in relation
to dimensions, weights, performances and so on,
between the offer and our catalogues and/or prospectus,
the ones in the offer should prevail. The data in
our catalogues and/or prospectus is only given on
an approximate and indicative basis and without
obligation in the case of non conformity, their
specification being in no way a part of the offer.
||Orders and Sales
|Orders accepted by our
representatives, and likewise agreements concluded
by them, shall only be valid after written ratification
by the Company. Representatives shall not be authorized
to amend the Company's General Conditions, to accept
payments and/or to make receipts. Except in case
of assigned mandate, specific to each case, they
shall not be entitled to incur liability on the
part of the company.
Orders shall be final, unless there is a refusal
or reserve formulated within three days of receipt
of the order form. This shall cancel all prior correspondence.
Any order shall involve acceptance without reservation
of the Company's General Sale Conditions, which
may not be altered by Customer's own General Purchase
Conditions and/or indications appearing on the order
Instructions for dispatch and marking of packaging,
and products must be given to the Company with the
|All prices quoted are
in US Dollars and on FOB basis, unless other terms
are specifically requested by the Customer. The
prices shall be those appearing in the respective
offer and are valid for the period indicated in
the offer. The Company reserves the right to amend
prices stipulated in offers to take in account factors,
such as: changes in cost of the materials and the
exchange rate valid at the time of order being accepted,
custom duties, taxes and so on. This clause should
be valid until total payment of invoices.
|The Company requires
the Customers to sign a Sales Contract, where the
General Sale Conditions may be altered if necessary.
The Sales Contract takes effect after the initial
payment is received.
If specifically agreed, an Order can substitute
Sales Contract. In such cases, the Order will take
effect after the initial payment is received.
The Company accepts Hard Copies confirmations, only.
Confirmations by Fax are acceptable only if explicitly
stipulated in the Sales Contract.
||Delivery & Force Majeure
|The delivery deadlines
stipulated in the order form, order confirmation
and/or Sales Contract shall be indicative and approximate.
Cases of absolute necessity, such as strike, lock-out,
war, mobilization or requisition, fire, flood or
other natural catastrophe, suffered either by the
Company or by its suppliers, shall release the Company
from its obligations. Cases of absolute necessity
shall moreover give the Company the option to consider
the contract terminated purely and simply, without
compensation or to defer it for a period equal to
that of the interruption to work. In such case,
the Company shall give notice by registered letter.
From being loaded on the transport vessel, all the
risks related to the products shall be borne exclusively
by the Customer and in no case the Company can be
|The Company shall in no
case guarantee the means of transport, which the
Company shall only find by way of favor to the Customer.
All the costs of transport, loading, packaging,
insurance and customs shall be borne by the Customer,
unless there is a written stipulation to the contrary.
||Transfer of ownership
|The sale shall only be
executed and ownership of the products sold (and
all accessories) transferred to the Customer at
the time of total payment of the price in principal,
with any possible interest or costs. The Customer
shall therefore be forbidden to sell the products,
lease them, pledge them or dispose them in any way
whatsoever, or to make any change to them likely
to reduce their value, before the total payment
For any product delivered by way of lease, trial,
deposit or loan, it shall entirely remain the property
of the Company.
In the event of the transformation of the products
or their being mixed with any other objects, the
Customer shall grant to the Company, as a guarantee
of its debt, the right of ownership in the entire
volume or the new object, which results form the
||Quality / Quantity Discrepancy
|If the quality and/or
quantity/weight of the products are found not to
be in conformity with the contract, claim should
be filed in writing by the Customer, with an attached
inspection certificate - issued by a local authorized
inspection organization. Any discrepancy in quality
and/or quantity/weight should be claimed within
15 days after the arrival of the products at the
port of destination.
The Company reserves the right to refuse any return
of products, which has not been made within 15 days
after the arrival of the products at the port of
destination, unless there is a written stipulation
to the contrary. In no case may the said complaint
give the Customer any right to retain all or part
The liability of the Company shall be limited to
replacement under the same conditions of all the
products recognized as defective with the exclusion
of any compensation or, if it is impossible to replace,
cancellation of the corresponding invoice.
In case the Company requires return of the faulty
products, the Customer should arrange the return
within 10 days, where the Company should fully reimburse
the Customer for the returned products' transportation
If the order is canceled the Company should reimburse
the Customer with the full amount of payments received
to date plus 10% penalty of the total order amount.
|Unless there is a stipulation
on the contrary, payments should be received at
the Company's registered bank account, upon receipt
of and as per the pro-forma invoices provided.
Any delay or default in payment within the time
limits agreed shall entitle the Company, as of right
to its benefit and without any prior notice of default,
to charge arrears interest per day 0.2%.
In the event of non-payment, the seller shall moreover
- To demand the immediate payment of the remaining
balance due, increased by arrears interest
- To take back the material sold from wherever it
may be found. The contract shall be terminated for
the remainder without other formality. Amounts already
paid shall remain with the Company by way of damages
- To postpone the shipping date, if required payments
are not received according to the terms of the Sales
Contract, in which case the Company will not be
liable for any such delay
The Company reserves the right, either at the time
of sending its invoices or later, to bill the Customer
for all sums due to it. Such bills must be accepted
on presentation, in default of which any sum due
or not yet outstanding, even for another contract
or another order, shall immediately become payable
as of right in advance.
|Products and accessories
shall be subject solely to the conditions of guarantee
of their respective manufacturers and will be reflected
in the Company's respective guarantees.
|All disputes arising out
of or in connection with the present contract shall
be finally settled under the Rules of Arbitration
of the International Chamber of Commerce by one
or more arbitrators appointed in accordance with
the said Rules.
©Copyright Saneco Corporation Ltd., since 2002