1920 Ihara-cho, Shimizu-ku, Shizuoka-shi,
SALES CONTRACT
No.100400
DATE :
WE, AS
SELLER, CONFIRM HAVING SOLD TO THE BUYER NAMED BELOW THE FOLLOWING MERCHANDISES
ON THE TERMS & CONDITIONS STATED HEREUNDER.
KENNEDY
MWENYA
Quoting
Terms : CIF DAR ES SALAAM
Payment : By remitting to Shimizu Bank, Stuzi branch, Ordinary Saving Account
No.2166125 Account Name “SHIMIZU INTERNATIONAL TRADING Co., Ltd.” in
YEN or USD.
ACCEPTED
& CONFIRMED
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ON :
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ON
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BUYER :
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SELLER
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GENERAL TERMS &
CONDITIONS
Article1 SHIPMENT
1.
The date of transport documents shall be accepted as the conclusive date
of shipment.
2.
SELLER shall send to BUYER the products non-negotiable sets of the
shipping documents which shall be an “Invoice”, a “Packing List” and a “Bill of
Landing” by express airmail immediately after shipping.
3.
In the case that SELLER still doesn’t receive a payment at Invoice, SELLER
can stop to send these shipping documents until the payment has done.
4.
SELLER doesn’t have liability in damages for delay of shipping which
caused by tight of shipping space.
Article2 TITLE AND RISK
Both title and risk of loss for the car shall pass from
SELLER to BUYER at such time as Products have been delivered.
Article3 PACKING
1. SELLER shall deliver the car duly packed
for transportation.
2. SELLER shall be responsible for any damage or loss of the car
that may be caused due to any faulty packing.
Article4 INSURANCE
1. SELLER
undertakes to effect the marine insurance.
2. The marine insurance contract
shall include all risks and the insurance company must pay 110% of the car
price.
3. In the event an insurance
accident should occur under this Agreement, SELLER shall extend all possible
assistance to BUYER in obtaining the insurance money.
Article5 WARRANTY
1. SELLER warrants
that the car is described as web site page.
2. In the case that there is different
from the web site page, BUYER may claim money back to SELLER with procedures
below.
ⅰBUYER shall take picture of part which different
from the web site page.
ⅱBUYER may claim with the picture within
three days after BUYER receive product.
ⅲSELLER shall pay back repair cost as receipt
to BUYER promptly after admitted claim.
3. BUYER may claim exporting
services fee back to SELLER in writing when BUYER don’t satisfy export
services.
In this case, SELLER should pay back services
fee promptly receive the writing.
Article6 COUNTRY CONTROL
Buyer shall check the country control of
importing used car.
SELLER doesn’t have
liability in damages for country control.
Article7 FORCE MAJEURE
Neither party hereto shall be liable for the
failure to perform any of its obligations under this Contract if such failure
is caused by the occurrence of any force majeure beyond the reasonable control
of such party.
Article8 GOVERNING LAW AND JURISDICTION
The validity, interpretation, and
performance of this Agreement shall be controlled by and construed under laws
of the country of the non-filing parties. Venue shall lie in the country and
state of the non-filing party.
