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Purchase Policy
Purchase, Export
Sales, Logistical and Transportation Terms and Conditions
PURCHASE TERMS
The
Trading Site maintaines an open Purchase Policy. Eveyone is welcome
to purchsse the products available on the Trading Site, however,
proper identification and Registration is required from all customers
before any orders can be processed.
Prices
All
prices offered are subject to market conditions and could change
without prior notice. Market Sensitive Commodity items will be priced
according to current market conditions, this excludes those products
sold through an Auction Method, which the final price is based on
supply and demand.
Sales, Duty and Tarrif Tax
The
Trading Site will only charge applicable Sales, Duty and Tarrif
Tax on every item when required by law. For export items, there
is usually no taxes applied, should a tax be required, the Trading
Site will inform the buyer.
Payment Terms
The
Trading Site has many options for the payment of the items you would
like to Purchase. For customers with established credit, terms are
net thirty (30) days from date of shipment, unless other arrangement
has been authorized. At the option of the Trading Site, export orders
may be subject to special export payment terms and conditions. If
credit is not established, please include payment with order or
purchase through Visa, MasterCard, or American Express. We may also
accept Bank Certified Cecks, Wire Transfers, Letters of Credits
or other approved payment methods. Cash payments are not allowed.
All payments must be in U.S. dollars. If customer fails to make
payment within thirty (30) days, the Trading Site may defer shipments
until such payment is made, or may, at its option, cancel all or
any part of an unshipped order.
EXPORT
POLICY
Order
Acceptance
Purchaser
acknowledges that no order shall be deemed accepted unless and until
it is verified and accepted by the Trading Site. Purchaser further
consents that submission of its order shall subject Purchaser to
the jurisdiction of the international courts and the Country where
the order originated.
Country of Importation
Purchaser
represents that it is purchasing products destined to the country
specified in the shipping documents. Purchaser agrees that the products
will be shipped to the specified destination in compliance with
the laws of such destination and that there will be no re-export
or diversion from such specified destination, if applicable by law.
If requested by the Trading Site, Purchaser shall provide documentation
satisfactory to the Trading Site verifying delivery at the designated
country. Purchaser agrees to inform the Trading Site at the time
of order of any NAFTA or other certificates of origin or other special
documentation, packaging or product marking or labeling required
by the Country of Destination. The Trading Site shall not be responsible
for providing any such documentation, packaging, marking or labeling
unless the Trading Site expressly agrees.
Export and Import Licenses, Controls,
and Permits
Purchaser
shall be responsible for obtaining and paying for any permits, licenses
or other governmental authorization(s) necessary for the exportation
from the originating Country, if required or importation of the
products to the Country of importation, and it shall comply with
all laws and regulations thereof.
Freight
Forwarders
Purchaser
shall select and pay the freight forwarder who shall solely be the
Purchaser's agent. The freight forwarder's actions shall not be
deemed authorized by, or binding upon the Trading Site unless expressly
agreed to by the Trading Site. The Purchaser and its freight forwarder
shall be solely responsible for preparing and filing the required
export and/or import Declarations. At the request of the Trading
Site, Purchaser agrees to provide copies of any export, shipping
or import documents prepared by Purchaser or its agents related
to any and all sales to Purchaser.
Freight
Policy
Title and risk of loss shall pass to Purchaser on delivery to the
international carrier provided that if payment for the Freight has
not been made at the time of shipment, the Trading Site and/or the
Logistical and Transportation System shall retain title (but not
risk of loss) until payment has been made. If product is damaged
in transit, Purchaser must file claim exclusively with airline,
carrier, vessel and/or insurance company. For additional information
on Freight Policies, view Logistics and Transportation Policies,
click Logistics and Transportation.
Shipping
Charges
Unless
otherwise stated in the Purchase Order, freight and shipping fees
will be charged for shipments to a customer's place of business
anywhere in the contiguous United States, using a carrier of our
choice. Other terms apply to any other Country in the world. Any
extra charges incurred for additional services, such as customer's
carrier or special handling by the carrier, must be paid by the
Customer. Items backordered from an order qualifying for prepaid
shipping charges will be shipped prepaid. Title and risk of loss
pass to the customer upon tender of shipment to the carrier. If
product is damaged in transit, consignee must file claim with the
approriate carrier.
Foreign Corrupt Practices Act
Purchaser
acknowledges that it is not the agent of the Trading Site and represents
and warrants that it has not, and covenants that it will not, pay
anything of value to any government employee in connection with
the resale of the products.
Independant Contractors
The
trading Site and Purchaser are independent contractors and not principal
and agent. Purchaser is not authorized to, and shall not make any
representations on behalf of, or which are binding upon the trading
Site.
ADDITIONAL
TERMS
Force
Majeure
The
Trading Site shall not be liable for any delay in or impairment
of performance resulting in whole or in part from Acts of God, labor
disruptions, shortages, inability to procure product, supplies or
raw materials, government interference, severe weather conditions,
server down time, server repairs, modifications to the Trading Site
or any other circumstances or cause beyond the control of the Trading
Site in the conduct of its Global business.
Purchase
Order Cancellation
Any
cancellation of Purchase Orders must be approved by the Trading
Site, and may be subject to restocking and other charges.
Assignment
Customer
shall not assign any order or any interest therein without the prior
written consent of the Trading Site. Any actual or attempted assignment
without the Trading Site´s prior written consent shall entitle
the Trading Site to cancel such order upon notice to customer.
Prompt
Resolve
The
Trading Site will make a good faith effort for prompt correction
or other adjustment with respect to any product which proves to
be defective or expired when shipped. Before returning any product,
Purchaser agrees to write or call the Trading Site giving date and
number of original invoice or Purchase Order and describing the
problem.
Product Suitability
Many
countries and localities have codes, regulations and sanitary requirements
governing sales, importation, and/or use of products for certain
purposes, which may vary from Country to Country. While the Trading
Site attempts to assure that its products comply with such codes,
regulations and sanitary requirements, it cannot guarantee compliance,
and cannot be responsible for how the product is processed or used
at the final destination. Before purchase and use of a product,
Purchaser should review the product specification and applicable
codes, regulations and sanitary requirements to be sure that the
product, its process and use will comply with the particular Country´s
requirements.
Security
Interest on Products
On
any open credit sale, Purchaser hereby grants to the Trading Site
a priority lien, purchase money security interest and/or rights
over the products and any accounts receivable or cash from resale
thereof until full payment is made to the Trading Site. Purchaser
agrees to file any financing statements or other appropriate documents
with its governmental authorities to assure the validity, priority,
and enforceability of the lien. Purchaser agrees to inform the Trading
Site immediately if it intends to use any import financing or has
or will be granting a lien or security interest on its inventory
to any third party.
Trademarks
and Copyrights
Purchaser
acknowledges that it has no right, title or interest in the trademarks
or copyrights in the products or the Trading Site and covenants
that it will take no action to register or otherwise interfere with
such rights of the Trading Site. Purchaser agrees that it will not
copy the products sold to Purchaser or their packaging or trade
marks, unless expressed in writing by the Trading Site.
Severability
If
any provision of these Policies, Terms and Conditions of Purchase
Terms shall be deemed illegal or unenforceable, such illegality
or unenforceability shall not affect the validity and enforceability
of any other legal provisions hereof which together shall then be
construed as if such illegal and unenforceable provision or provisions
had not been inserted herein.
Dispute Resolution
Actions
by the Trading Site for nonpayment by the Purchaser of the purchase
price of products, or other breaches by the Purchaser of these Policies,
Terms and Conditions of Purchase Terms, may be brought by the Trading
Site, at its option, before any U.S. or foreign judicial court of
competent jurisdiction. Or, at the Trading Site's option, disputes
between the Purchaser and the Trading Site, including all claims
for non-performance by the Trading Site, shall be finally settled
by arbitration in the Republic of Panama under the Commercial Rules
of the Panamanian Arbitration Association, by a single arbitrator
appointed in accordance with said Rules applying these Policies,
Terms and Conditions and consistent provisions of the laws of the
Republic of Panama.
Modification
of Terms
The
Trading Site's acceptance of any order is subject to customer's
acceptance to all of the terms and conditions set forth in the Trading
Sites's Policies, Terms and Conditions, and customer's acceptance
to these policies, Terms and Conditions shall be presumed from customer's
receipt of the Trading Site's order acceptance, or from customer's
acceptance of all or any part of the goods or services ordered.
No addition or modification of terms and conditions shall be binding
upon the Trading Site unless agreed to by the Trading Site in writing.
If a Purchase Order or other correspondence contains Policies, Terms
or Conditions contrary to the terms and conditions contained in
the Trading Site's Policies, Terms and Conditions, the Trading Site's
acceptance of any order shall not be construed as an acceptance
to any additional terms and conditions, nor will that constitute
a waiver by the Trading Site of any of the Policies, Terms and Conditions
contained in the Trading Sites agreements.
Limitation
of Liability
Any
liability for consequential and incidential damages is expressly
disclaimed. The Trading Site´s liability in all events is
limited to and shall not exceed the purchase price paid.
Complete Agreement
The
Policies, Terms and Conditions in the Trading Site's forms, acknowledgments,
quotations, invoices, purchase orders, Trading Site, and catalog
sales Policies, Terms and Conditions are incorporated herein by
reference, and constitute the entire and exclusive agreement between
the Trading Site and Customer.
Waiver,
Governing Law and Venue
The
failure of either party to assert a right hereunder or to insist
upon compliance with any term or condition will not constitute a
waiver of that right or excuse any subsequent nonperformance of
any such term or condition by the other party. All transactions
shall be governed by the laws of the Republic of Panama, and International
laws, excluding conflict of law rules, and venue shall be in Panama
City, Republic of Panama.
No
Third Party Benefit
The
provisions stated above are for the sole benefit of the parties
hereto, confer no rights, benefits or claims upon any person or
entity not a party here to.
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