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General Conditions of Sale Lubricants, Europe
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Art. 1. – General

The seller is defined as Rymax B.V. including all its brands.

The “General Conditions of Sale” contained herein shall apply to all offers, quotations, order confirmations, orders, contracts, deliveries, and services between Seller and Buyer.

No purchase conditions of the purchaser shall be applicable or shall set aside the “General Conditions of Sale” unless expressly agreed to in writing by the Seller.

Art. 2. - Order contract

The Seller is not committed to any orders before issuing a written order confirmation to the Buyer. The conditions of the order are stipulated in this document and in the order confirmation.

The seller can at any time amend prices, quality, quantity, and validity before the order confirmation is sent.

All quotations and offers are only valid for 30 days unless explicitly stipulated.

Art. 3. – Price

Unless expressly stated, the sales price is given exclusive of taxes, duties, levies, and transportation according to Incoterms “Ex Works”.

Any price is based on the current raw material price, energy price, exchange rates, duties, taxes, freight, storage costs, and insurance charges. The Seller can alter the sales price at any given time if any of the above costs are changed prior to the delivery of the product. On the other hand, the Buyer shall have the right, in such circumstances, to cancel the order in writing within 3 days.

Art. 4. - Delivery

The latest issued Incoterms from the International Chamber of Commerce shall apply to all deliveries.

Agreed delivery dates and times shall be regarded as approximations unless expressly stated in the order confirmation.

The Seller is entitled to deliver partial deliveries if appropriate for any reason. The Seller reserves the right to deliver quantities confirmed in the order confirmation plus or minus 10%.

Discharge operations shall always be the Buyer’s liability. The Buyer is obliged to commence discharge within 1 hour after the arrival of the freight forwarder. Any surcharge due to late discharge will be at the Buyer’s cost.

The Buyer shall immediately inspect the product upon delivery. In case of any discrepancy in quality, quantity, or damage in the delivered product, the buyer shall immediately and within 3 days of receipt of the product notify the Seller in writing, including documentation and pictures.

The title to and ownership of all products supplied by the Seller shall not pass to the Buyer until final settlement in full of the sales price and all other sums due to the Seller.

Risk of damage to or loss of the product passes to the Buyer according to Incoterms.

The Seller does not accept any returned goods from the Buyer unless explicitly approved in writing. The Seller holds the right to reject products that have been damaged on their way from the Buyer or reject products that have been opened, changed, or in any other way mistreated by the Buyer.

Art. 5. - Payment

Unless otherwise stated in the order confirmation, payment terms are based on a Letter of Credit.

In the case of late payment, the Seller is entitled to charge the Buyer interest on all due payments. Interest is based on the legal bank rate of the Seller's country multiplied by 3.

The Buyer is also liable for any other costs incurred, including legal costs, due to late payments.

Art. 6. – Warranties

The Seller warrants that the product shall comply with Seller’s specifications.

The seller does not take any responsibility for the usage of the product. The Buyer has at any time the full responsibility to ensure the suitability of the product and to do necessary tests prior to use.

Art. 7. – Liability

No warranty or representation is made, whether express or implied, as to the use, sufficiency, merchantability, or fitness for any purpose whatsoever of the goods supplied, unless explicitly stated in writing by the Seller. Information given by the Seller on the quality, composition, or application purposes shall only be construed as a warranty if explicitly stated in the form of a warranty in the sales agreement. The Purchaser shall hold harmless and indemnify the Seller for and against any claims for damages, whether from tort or otherwise, resulting from the use or sale by the purchaser of the goods supplied unless such damages are the direct result of a breach of an explicit written warranty given by the Seller, except in the case of gross negligence or willful misconduct on the part of the Seller. The Seller's liability shall not exceed the net sale price of the goods concerned. In no event shall Seller's liability include indirect or consequential damages.

In the case of a defective product being delivered, claims for rescission of the contract or reduction of the purchase price shall be granted only if the defect cannot be remedied within an appropriate period, if subsequent performance will incur unreasonable expenses, is unacceptable, or must be considered as failed for other reasons. The Buyer shall, however, have no right to rescind the contract in the case of minor defects. If the defect can be attributed to a violation of operating, maintenance, and installation instructions, improper use or storage, faulty or negligent handling or assembly, natural wear and tear, or tampering with the delivery item by the Buyer or a third party, the Buyer has no right to any kind of claim against the Seller.

The Buyer shall allow the Seller to promptly inspect any rejected product.

Art. 8. - Health, Safety, and Environment

Carefully read and apply the information in the product safety sheet.

The Buyer has full responsibility to comply with any local legislations.

Art. 9. - Ethical & Moral conduct

The Buyer shall comply with all laws governing its activity, and consequently shall fully assume all administrative and legal consequences in case of non-compliance with these regulations, without the Seller’s liability being involved.

Art. 10. - Force Majeure

Neither Seller nor Buyer shall be liable to each other in any way if such party is temporarily prevented by Force Majeure from fulfilling its obligations under this contract. A party claiming to be excused under this reason shall give prompt notification to the other party and shall resume the performance of its obligations hereunder immediately following cessation of the cause. An event of Force Majeure includes; acts of God, accidents, fire, explosion, flood, storms, strikes, riots, civil commotion, war (declared or undeclared), restrictions or prohibitions imposed by public authorities, government and/or regulation, and any other occurrence that is considered an event of Force Majeure under the laws of the Seller’s country.

Art. 11. - Applicable Law

The laws of the country of the Seller shall exclusively govern any agreements and documents to which these General Conditions of Sale apply.

Version 01-01-2024

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