Terms and Conditions
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«TRADEX AUSSENHANDEL GMBH» is in no way responsible or liable for any of these contents.
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Terms, conditions, procedures
Terms and Definitions
- We are neither legally nor substantially responsible for any facts and / or datas that are provided on any of our website informations that might have been transmitted to us from their parties.
- All offers are subject unsold and final confirmation. Prices stated for any of the products provided on any of our websites may change without prior notice, based on market developments, unless a fixed date of validity thereof had been stated in an offer issued by our company.
- Offers provided and based on an enquiry or Letter of Intent are expected to be responded to by the client within no later than five ( 5 ) Banking days unless stipulated otherwise. Unless stipulated as FIRM OFFER duly signed and sealed by us, the price-quotations are to be considered as SOFT –OFFERS.
- Generally , all offers are without any commission for the buyer-side unless at has been agreed mutually prior to the issuance of offer that the offered price should include a commission which was agreed between the client and ourselves.
- In case of a commission included in the offered price, such commission shall only be paid after the invoice-amount had been credited to the beneficiary account. There should be one Paymaster only.
- The beneficiary of the commission shall be legally responsible for any dues, taxes or other payments imposed by the Government or other official Authorities in the country where the beneficiary has his legal residence.
- ALTERNATE CORPORATE BANK ACCOUNTS – Due to the different Banking regulations and practicesaround the world, various banking instruments are accepted by some banks and some countries and not accepted by others. Depending on the financial instrument finally issued by the buyer to the seller it may be necessary for the seller to use a bank other than that initially designated by the Seller, to facilitate the transaction.
- CNF - COST & FREIGHT - Seller must clear goods for export and pay costs and freight to bring goods to nominated destination as per Sales Contract. Also applies only to transport by water ( sea or inland)
- CONFIRMED LETTER OF CREDIT - Letter of Credit where a Confirming Bank has guaranteed payment under the Letter of Credit assuming that all terms and conditions of the Letter of Credit have been met. With a confirmed Letter of Credit, payment risk is assumed by the confirming bank as well as the issueing bank, thereby providing more protection for the exporter.
- CONFIRMED BANK-GUARANTEE – The confirmed Bank-Guarantee is guaranteed by a Confirming Bank assuming that terms and conditions of the confirmed BG shall be met.
- CONFIRMING BANK - The bank which , at the request of the Issueing Bank, adds its confirmation to the Letter of Credit. In doing so, the Confirming Bank undertakes to make payment to the exporter upon presentation of documents under the Letter of Credit assuming all terms and conditions of the Letter of Credit have been met.
- DRAFT CONTRACT – This is the initial contract in which the seller lists all the initial points of understanding and terms and conditions. Any proposed changes that may be desired can be inserted into this document for review by either the seller or buyer. Initialling, signing and sealing the Draft Contract only denotes the initial understanding of the terms and conditions and is not considered binding. Once all terms and conditions are agreed to, a final Sales and Purchase Contract ( S & P Contract) will be issued.
- FINAL SALES AND PURCHASE CONTRACT – This document will be issued upon buyer's and seller's final agreement of the terms and conditions of the Draft Contract. By initialling, signing and sealing this document, both parties state with full corporate authority, certifies, represents and warrants that each can fulfill the requirements of this agreement and respectively provide the products and the funds referred to herein, in the time and under the terms agreed.
- INCOTERMS 2010 - Incoterms are standard Trade Definitions most commonly used in internatonal Sales Contracts.
- NON-USA SANCTIONED PORT – Ports and Countries that the US Government has not placed trade restrictions against for US Citizens and companies. A list of countries the US Governement has placed trade restrictions on, is found at the respective Website.
- PERFORMANCE BOND - This type of Special credit will untertake payment in the event of the buyer certifying that the seller failed to perform in accordance with the terms of a Commercial Contracct or failed to perform to the satisfaction of the buyer. Payment is usually made against a certificate from the buyer stating that the seller has failed to perform.
- SOCIÉTÉ GÉNÉRALE DE SURVEILLANCE (SGS) - Inspection Services which inspect and verify the quantity, weight or quality of the traded goods. Inspection typically takes place at Loading place
- “WEATHER WORKING DAY (WWD) OR "WEATHER WORKING DAY OF 24HOURS" or "WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS" - shall mean a working day of 24 consecutive hours except for any time when weather prevents the loading or discharge of the vessel or would have prevented it, had work been in progress.
- UCP 600 – ICC UNIFORM PRACTICE for Documentary Credits, Publication No. 600 ( or latest publication). The UCP are rules that apply to any Documentary Letter of Credit ( to the extent to which they may be applicable incl. any Stand-By Letter of Credit) when the text of the credit expressly indicates that it is subject to these rules. They are binding on all parties thereto unless expressly modified or excluded by the Credit.