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All transactions are mutually dicussed, agreed and signed before execution. Terms and conditions must be consistent with the demands of the parties and comply with applicable laws.
The Seller and the Buyer commit to strictly implement the signed terms based on cooperation spirit. During implementation of the agreement, if there is any difficulty and claim, two parties will jointly discuss for solutions. In case the resolution can not be reached through discussion, it will be settled at Economic Court.
SETTLEMENT OF CLAIMS
- The Buyer is entitled to send claim on goods quality and quantity to the Seller within 30 days after the receipt date, provided that, goods verification at the location of the Buyer must be implemented right after receipt of goods or within 30 days after the signing date of minutes on goods delivery receipt, goods is in full status with package, label of the Seller, attached with quality certificate of the manufacturer, representative of the Seller or of the third party who is accepted in writing by Two Parties must participate in verification and confirm the result. Expense for verification shall be borne by the seller if the goods quality and quantity are not guaranteed according to the requirement.And if the seller ensures the requirements of quality and quantity, this expense will be paid by the buyer.
- Claim of the Buyer must be sent together with Verification Report which is fully signed and legally stamped by the verification party.
- Exceeding period for claim as mentioned above, the Seller shall not be obliged for claim settlement related to quality and quantity of delivered goods. In this case, claim settlement will depend on goodwill of the Seller.
CASE OF FORCE MAJEURE
The Parties are permitted to delay or fail to implement a part or whole of obligations under the agreement if such delay or failure is caused by an event of force majeure occurred in the manufacturing country or in Vietnam such as: war, riot, strike, fire, flood, deseases, economic embargo, financial crisis, ship sinking, goods steal, the Seller’s suppliers breaching contract, the government changing policies for goods import, etc. The party suffering such event of force majeure, which effects, prevents or delays goods provision under the agreement, shall send written notice enclosed with confirmation of the manufacturer or competent authority to other party right after occurance of the event of force majeure.
TEMAS ENGINEERING JSC