General terms and conditions of sale
1 - Validity of the contract – General terms of sale – Production start-up
The act of placing an order with Kuo&Fils GROUP LTD implies full and unreserved acceptance by the purchaser of these general terms and conditions of sale. The contract must be returned by the purchaser by fax or email, at the latest within ten days of receipt; the date of dispatch has probative force. The start-up of production or the delivery of the goods may only be carried out when Kuo&Fils GROUP LTD is in possession of the contract, duly signed by the purchaser.
2 - Quantity deliverable by the vendor
Unless otherwise agreed after the signature of the contract between the vendor and the purchaser, the quantities delivered will be those indicated in the contract, with tolerance accepted by the parties of plus or minus 10% of the contractual volume. The delivery may be made by the vendor in more than one load. The quantities will be calculated according to the measurement rules classified by the International Technical Tropical Timber Association (ITTTA) headquartered in Paris (France). Specifications of the goods will be provided to the purchaser along with all the documentation requested when the goods are shipped.
3 - Prices
Quotation based upon current market conditions . All prices subject to change at time of ordering; because of the nature of the product, the daily fluctuation in the Dollar to Euro, transportation, and raw material costs.
The prices indicated are inclusive of taxes and are set at the date of signature of the contract. In the event of the exclusion of taxes, duties or other costs relating to exportation owing to a decision by the government/administration of the exporting country, the vendor is entitled to renegotiate the sale prices with the purchaser.
4 - Delivery date
The delivery dates given in the contract are indicative only. Delays in delivery will not entitle the purchaser to cancel the sale, refuse delivery or seek damage claims. In the event of a delay of more than 21 days after the delivery date indicated in the contract, and excluding cases of force majeure, if the goods are still not ready to be delivered or loaded onto a ship/truck, the contract may be cancelled at the express demand of either party without any damage payments being due to either party.
5 - Deliveries
Deliveries within the deadlines indicated in the contract and under the general terms and conditions of sale may only be made on the prior and determining condition that the purchaser is up to date with its obligations towards the vendor, irrespective of the cause. Deliveries are made according to the international incoterms set out by the International Chamber of Commerce. Goods that are not collected by the consignee are under consignee’s full responsibility. Collection of the timber must be made within eight days following delivery of the goods to the destination site. Any claim relating to the non-conformity of the goods must be made within three days following receipt of these goods, in writing (email, fax or letter). The purchaser must be able to supply all supporting documents proving the defects or anomalies noted and must give the vendor all due facility to observe these defects in order to remedy them. No claim may be registered unless the purchaser has come into possession of the goods.
6 - Payment terms
The seller has the right to ask payment as deem necessary by him. In the event of a delay in payment, the vendor may suspend all orders in progress, without prejudice to any other right of action to recover payment of the amounts outstanding. In addition, the purchaser runs the risk of application of late-payment penalties equivalent to 200% of the legal interest rate in the country of delivery. These penalties will run from the date on which a summons to pay is sent, should said summons be unsuccessful. In the event that the vendor is forced to call upon a litigation service or to take legal action to oblige the purchaser to respect its undertakings, vendor will be entitled to apply a fixed sum of 15% of the unrecovered debt as a legal penalty.
7 - Reservation of title
In accordance with articles 1583 and following of the French Code Civil and L 621-122 of the French Code de Commerce, the transfer of ownership of the goods is made when the full amount of the debt has been paid. Invoices are payable at the vendor’s headquarters and or closest representative abroad.
8 - Jurisdiction
In the event of a dispute of any kind, or contestation relating to the formation or fulfilment of the contract, the Business Tribunal of Bordeaux will have sole jurisdiction unless the vendor prefers to refer the case to another competent jurisdiction. This clause applies even in the event of summary proceedings, incidental claim, or plurality of defendants, irrespective of the payment methods and modalities.
9 - Arbitration
In the event of a dispute between the purchaser and the vendor concerning enforcement of the contract, Kuo&Fils Group or its Subsidiary Company reserves the right to refer the case, prior to any legal action, to the International Technical Tropical Timber Association (ITTTA), headquartered in Paris (France), in its capacity as an expert, with the aim of achieving an out-of-court settlement of the dispute. If such arbitration procedure does not result in a transactional solution, the Business Tribunal of Bordeaux will have sole jurisdiction to take cognizance of this dispute, in accordance with the provisions of article 8 herein.
1 - Validity of the contract – General terms of sale – Production start-up
The act of placing an order with Kuo&Fils GROUP LTD implies full and unreserved acceptance by the purchaser of these general terms and conditions of sale. The contract must be returned by the purchaser by fax or email, at the latest within ten days of receipt; the date of dispatch has probative force. The start-up of production or the delivery of the goods may only be carried out when Kuo&Fils GROUP LTD is in possession of the contract, duly signed by the purchaser.
2 - Quantity deliverable by the vendor
Unless otherwise agreed after the signature of the contract between the vendor and the purchaser, the quantities delivered will be those indicated in the contract, with tolerance accepted by the parties of plus or minus 10% of the contractual volume. The delivery may be made by the vendor in more than one load. The quantities will be calculated according to the measurement rules classified by the International Technical Tropical Timber Association (ITTTA) headquartered in Paris (France). Specifications of the goods will be provided to the purchaser along with all the documentation requested when the goods are shipped.
3 - Prices
Quotation based upon current market conditions . All prices subject to change at time of ordering; because of the nature of the product, the daily fluctuation in the Dollar to Euro, transportation, and raw material costs.
The prices indicated are inclusive of taxes and are set at the date of signature of the contract. In the event of the exclusion of taxes, duties or other costs relating to exportation owing to a decision by the government/administration of the exporting country, the vendor is entitled to renegotiate the sale prices with the purchaser.
4 - Delivery date
The delivery dates given in the contract are indicative only. Delays in delivery will not entitle the purchaser to cancel the sale, refuse delivery or seek damage claims. In the event of a delay of more than 21 days after the delivery date indicated in the contract, and excluding cases of force majeure, if the goods are still not ready to be delivered or loaded onto a ship/truck, the contract may be cancelled at the express demand of either party without any damage payments being due to either party.
5 - Deliveries
Deliveries within the deadlines indicated in the contract and under the general terms and conditions of sale may only be made on the prior and determining condition that the purchaser is up to date with its obligations towards the vendor, irrespective of the cause. Deliveries are made according to the international incoterms set out by the International Chamber of Commerce. Goods that are not collected by the consignee are under consignee’s full responsibility. Collection of the timber must be made within eight days following delivery of the goods to the destination site. Any claim relating to the non-conformity of the goods must be made within three days following receipt of these goods, in writing (email, fax or letter). The purchaser must be able to supply all supporting documents proving the defects or anomalies noted and must give the vendor all due facility to observe these defects in order to remedy them. No claim may be registered unless the purchaser has come into possession of the goods.
6 - Payment terms
The seller has the right to ask payment as deem necessary by him. In the event of a delay in payment, the vendor may suspend all orders in progress, without prejudice to any other right of action to recover payment of the amounts outstanding. In addition, the purchaser runs the risk of application of late-payment penalties equivalent to 200% of the legal interest rate in the country of delivery. These penalties will run from the date on which a summons to pay is sent, should said summons be unsuccessful. In the event that the vendor is forced to call upon a litigation service or to take legal action to oblige the purchaser to respect its undertakings, vendor will be entitled to apply a fixed sum of 15% of the unrecovered debt as a legal penalty.
7 - Reservation of title
In accordance with articles 1583 and following of the French Code Civil and L 621-122 of the French Code de Commerce, the transfer of ownership of the goods is made when the full amount of the debt has been paid. Invoices are payable at the vendor’s headquarters and or closest representative abroad.
8 - Jurisdiction
In the event of a dispute of any kind, or contestation relating to the formation or fulfilment of the contract, the Business Tribunal of Bordeaux will have sole jurisdiction unless the vendor prefers to refer the case to another competent jurisdiction. This clause applies even in the event of summary proceedings, incidental claim, or plurality of defendants, irrespective of the payment methods and modalities.
9 - Arbitration
In the event of a dispute between the purchaser and the vendor concerning enforcement of the contract, Kuo&Fils Group or its Subsidiary Company reserves the right to refer the case, prior to any legal action, to the International Technical Tropical Timber Association (ITTTA), headquartered in Paris (France), in its capacity as an expert, with the aim of achieving an out-of-court settlement of the dispute. If such arbitration procedure does not result in a transactional solution, the Business Tribunal of Bordeaux will have sole jurisdiction to take cognizance of this dispute, in accordance with the provisions of article 8 herein.
