TERMS & Conditions
As principle exporter, supplier, re-manufacturer.
Offers, bids, confirmation and sales contracts
1. All proforma invoices, sales confirmation, purchase orders and bids are subject to offer and acceptance by the parties. All Sales are final once both parties to a contract have accepted the terms and conditions of the sales that includes the product description, specification, packaging and price with INCO-terms of sales.
2. Emporio makes offers, takes bids and accepts orders; no prior or after the fact agreements shall be binding to Emporio, unless written confirmation has been provided by an officer of the corporation. Written confirmation shall be provided to the Buyer in writing by a signed letter via email or fax.
Title and ownership
3. Title of the products will pass to the buyer once payment has been made in Full unless other payment arrangements have been established by Emporio and the Buyer well in advanced.
Other terms and conditions
4. Other terms and conditions may be discussed and agreed to by Emporio and their Buyer before concluding a sales contract.
As a broker, Agent and/or third-party
Offers, bids, confirmation and sales contracts
5. All offers, bids, confirmations and sales contracts are only binding if the Supplier and the Buyer agree to the terms and conditions. Under no circumstance is Emporio liable for damages perceived or non-perceived as a result to brokering a sales contract and/or as an Agent to the Supplier.
6. Emporio will make reasonable arrangements to processes any product claims, problems, default of payments and/or other problems that may arise with the relevant parties involved in the commercial terms of sale.
7. Emporio will to it’s best efforts to resolve potential problems that may arise between the Supplier and the Buyer of the products.
General Limited Liability
Limited Liability, force majeure and assignment
Force Majeure
5. All contracts and arrangements are subject to the ICC’s Force Majeure terms and conditions most recently enforced. Unless otherwise added to from the ICC Force Majeure terms, Emporio is not be liable for any delay in performance or non-performance under any agreement, where the failure to perform or delay in performing is due, wholly or in part, directly or indirectly, caused by strike(s), labor difficulties, civil commotion(s), accident(s), delays in transit, governmental regulation, act(s) of god, an act(s) of public enemy, act(s) of governmental bodies or agencies foreign or domestic, sabotage(s), an act of war(s) whether or not if declared, terrorism, riot(s), hacking, electronic intruders, fire(s), flood(s), typhoon(s), explosions or other catastrophes, delays in transit, epidemics or quarantine restrictions, labor unrest or labor shortages, freight embargoes, delays occasioned by carriers, an inability to procure any license, permit, permission or authority, an inability to obtain materials, goods, equipment, services, utilities or labor, or because of any other fortuitous event and/or other event out of our control.
Limit of liability to Emporio
6. Emporio shall in no event be responsible for any direct, indirect, or consequential damages, including loss of time, loss of anticipated profits, or any other losses incurred by the buyer in respect of, related to, or arising out of the purchase of product or services.
Right of set-off
7. Emporio is authorized to the fullest extent permitted by law, to set-off and apply any amount owed to it from the buyer or supplier under any agreement or arrangement, against any amount which it owes to the buyer or supplier.
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