DELIVERY OF WOOD PRODUCTS FROM BULGARIA
The minimum volume of wood products that can be ordered is a 20-ft. shipping container.
From our experience with customers in the past, we have developed the following requirements and conditions which guide our sales of wood products. In case you do not meet any requirements or conditions, please contact us to determine if an agreement can be reached.
General Terms and Conditions of Quotation and Sale of Wood Products
1. General conditions
a) All the information about an order is given to the buyer and it is accepted that the buyer agrees with it, unless there is another arrangement between the buyer and the seller;
b) Priority is given to orders that are in stock;
c) Sales arrangements cannot be transferred or yielded to another buyer;
d) The seller does not guarantee the deadlines demanded by the buyer when placing an order. All deadlines are explicitly stated by the seller.
2. Shipment of goods
a) Every shipment of goods is treated as part of a separate order; the shipment of more than one delivery must be secured with a subsequent contract;
b) The seller is obliged to pack, load and send the whole order simultaneously or in parts by several transport vehicles within the agreed deadlines. The buyer cannot refuse any of the parts of the order unless the right of refusal is explicitly stated in the contract;
c) The seller reserves the right to define the method of sending, unless there are cases of additional agreement between the seller and the buyer;
d) The seller can define the shipping route and the control on the docks.
If loading is onshore, the cost for external transport is taken by the seller unless in cases of additional agreement between the seller and the buyer;
e) For shipping by land, where cargo containers are included in the agreed price and the agreement is stated in the contract, the buyer must receive the goods at the designated destination and unload them as fast as the machinery on-hand allows. Damages incurred while unloading are at the buyer’s expense. In cases of written agreement, all the loading, unloading, unloading fees, port fees and customs duties are at the buyer’s expense. Every change in transport fees, even in the next date of sale, that influence the price, will be at the buyer’s expense;
f) In case of a delay of order, the seller has the responsibility to inform the buyer.
3. Terms of payment
a) For shipment out of the European Union, the deadline for payment is until the issuing of the invoice;
b) For sending within the European Union, unless explicitly stated, the deadlines for cash payment are at the exchange of the documents given by the bank, approved by the seller.
All bank fees are at buyer’s expense.
c) Invoices are paid in the currency stated in the seller’s invoice, for which the buyer receive instructions by mail or e-mail.
d) No payment is accepted without agreed delivery terms or a concluded shipping contract.
4. Fees and duties
All fees accompanying the order are additional. For delivery in Bulgaria all fees are included in the price. For delivery to other countries, the fees are not included in the price and are at the buyer’s expense.
Unless they are undefined, the rules for certifying sawn beech timber are in accordance with the Bulgarian State Standard (BSS), considered from the date of accepting the order and managing the production of the order.
If at any time the buyer (credit bearer) becomes insolvent, the buyer warranty is immediately taken by his creditor. With this in mind, payment must be made in advance; otherwise the seller has the right to refuse the order. If the buyer does not make any payment, in spite of his order, the seller has the right to refuse the order.
The seller does not become warrantor, direct or indirect. The information for the buyer is kept confidential.
8. Domicile, the location where a bill is paid
The contract will be concluded according to all relevant laws and regulations at the registered address of the seller.
There are included in every contract government acts, war, mobilization, strike, riots, floods, total or partial fire, accident, strike on loading and unloading docks, damage or delay at sea, reducing, suspending of the operation or other unforeseeable events out of the seller’s control, which hinder the production and/or loading and/or the sea transport of goods or other circumstances out of seller’s control, which hinder the receiving of goods. The buyer or the seller in this case can suspend the execution of the contract and no party will be held responsible to the other for damages resulting from such suspension. According to this the seller can terminate the contract without responsibility for indemnity, dividing the average cost, which is a result of force-majeure.
The buyer or the seller in this case must quickly inform the other party of the contract about the situation influencing the contract and after this is over and already realizable, they announce at what extent it is necessary to terminate or reduce the capacity.
The sending is free for the seller and must be taken by the buyer. When such termination is done and finished, the consequences of sending will be recapitulated according to the contract. In case the seller’s warehouse has been destroyed – fully or partially – and he cannot deliver the ordered amount to the buyer, the seller can terminate the contract.
10. Canceling the contract
The seller has the right to terminate every order because of the incapability of the buyer to cope with the deadlines of his previous order or when there is information that the buyer has credit that he cannot pay off, except in the case where the buyer certifies for full payment at loading.
11. Returning of goods
Before sending the goods the buyer can refuse the order, but in this case he will receive a credit for spending at the seller.
12. Differences in the amount
Upon agreement by the two parties the seller has the right to increase or decrease the amount for loading in every order with the aim of loading or covering minimum tariff requirements. These differences cannot vary by more than 10% of the ordered amount.
In case of sending an order in parts, the agreed 10% do not concern every part, but the whole amount, which has to be equal to the sum of all the separate parts.
13. Risk of losing transfer
When sending within the limits of Europe, the risk of losing goods is defined by the terms in which the seller will send the invoice to the buyer. When sending by sea, the risk of loosing goods is defined according the terms of Incoterms 2000. The risk for the seller is whether he will receive payment and for the buyer is whether he will receive the amount of goods at the specified location.
Unless it is stated otherwise, the timber is sold according to its grade and the agreed methods from the date of accepting the order.
15. Deadline for discussing and requirements
The buyer must immediately unload and store the goods and cover the insurance of every delivery , which is an object of discussion. But in every case, the buyer has to make the due payment according to the deadlines of the contract. Every buyer’s requirement has to be made in the period before concluding the contract. After concluding the contract, the buyer cannot make any demands.
16. Indemnity limits
If the buyer has made claims for damages, he has to make full payment for shipping according the terms of payment stated in the contract.
A) Defective goods
If the buyer wants to return goods which have been proven defective, the seller must replace the defective goods without any delay. If the buyer does not want to return the defective goods, the seller subsequently must pay the reduction in the cost of the damaged goods without having the right for compensation.
B) Fast delivery
If the amount can be secured faster than the deadline in the contract, but with certain shortages, the seller must immediately inform the buyer about this. If the buyer agrees, the payment will be made only for the precise amount delivered.
C) Compulsory limits
The seller cannot be responsible to the buyer for compensations and damages of any kind or because of the defects in the goods described in A) and B). The responsibility of one of the parties does not exceed the loss that can be reasonably foreseen by the time of concluding the contract, or will include any direct or indirect results or economic damages. In no case can damages exceed the invoiced cost of the defective goods. The seller’s responsibility for personal infringement and/or own damage (including every direct or indirect result or economic damage, mentioned in the above paragraph) derived by the sale, will be limited to damages which are the result of carelessness, mismanagement or unemployment. The seller is not responsible for claims derived from:
Any physical or chemical changes in the form of the goods, deliberately made by the buyer or any of the parties;
Re-packaging, unless it is packed only for control, demonstration, test or some parts are replaced under the instruction of the seller and then the original container is re-packed.;
Demonstrations, installing, servicing and repair, unless the operations are connected with the sale of the goods;
The product, which after the sale will be labeled and inscribed as a container.
This is an intention about which the buyer and the seller will make efforts with reasonable devices to solve peacefully any dispute or risk that has arisen. If peaceful solution is impossible, everyone will appoint an arbiter with experience in the trade of the disputable question, who will contact both parties and his expenses will be paid by the party that demanded the arbitration. If arbiters cannot solve the dispute, they will appoint a mediator who will review their opinions and reach a final decision.