1. ORDER ACCEPTANCE
Signatory makes the declaration that he/she is purchasing and is authorized to purchase timber for the above named SOLD TO company.
2. VOLUMES, TOLERANCES, GRADES
All quantities are +/-10% of the actual order.
Cutting tolerances are -0/+2mm for thickness & width.
4m length is actual 3.985m and 3m length is 2.985m for optimum container loading unless otherwise stated.
3. DOCUMENTATION & CARRIER LIABILITY
Customer is responsible to understand and comply with the import laws and obtain any required licenses and permits.
World of Timber - FZCO shall not be responsible for any storages/demmurages at the port of discharge beyond the standard 14 days combined D+D unless specifically agreed upon in this contract.
World of Timber - FZCO shall not be responsible for any local fees or destination charges paid by the customer at port of discharge or local shipping office such as CIS, cleaning, CIC, etc., unless agreed upon and stated in this contract.
4. QUALITY DISPUTES & CLAIMS
It is understood and agreed that AST timber is to be used in the treated size, any ripping or cutting or planning of wood causing fungus and mold is not covered by any responsibility from the seller.
Quality disputes and claims may only be made on materials that have been paid in full. Payment may not be delayed or held in protest of quality.
Any claims related to missing volumes or quality grading will be accepted only within 48 hours from the time the containers are returned to the terminal, any claims beyond this period are automatically declined.
Claims related to bugs or insects found in any container are confirmed only by official seizure of containers by the destination customs authority and World of Timber - FZCO responsibility is limited to covering the fumigation at port of destination paid only against official invoices from the relevant authorities.
Quality disputes will be reviewed by photography and/or onsite 3rd party inspection. Quality will be compared ONLY to World of Timber - FZCO grading norms mentioned in the contract.
Photography must show pictures of full package surface by tiers OR full package side view/front view. Multiple photos and close-up photography of a single board(s) sorted from full shipments doesn't support a quality claim.
Missing volumes claim can only be accepted if the customer provides photos of each row of wood inside the container while unloading, photos for missing material after unloading, re-bundling, repacking are not accepted.
5. FREIGHT DISCLAIMER
The provided freight charges are based on current rates. In the event of unforeseen increases, the consignee agrees to bear any additional costs.
6. PAYMENT TERMS
TT PAYMENT WITH DIRECT DOCUMENTS DELIVERY
Payment must be settled within 7 days of presenting the copy of documents via electronic mail.
Security deposits are used to ensure customer pays for the cargo in full, any failure to pay the balance, World of Timber - FZCO has the right to re-sell the cargo discounting part or all deposits paid by the customer to cover the price difference, documentation and bank fees due to this transaction.
Any delay in payment beyond the arrival date of the vessel, entitles World of Timber - FZCO to take possession of the containers and re-sell to another party in the same or different port following the above condition.
7. CAD w/SECURITY DEPOSIT
Payment must be settled within 5 days of courier delivery to customer's bank.
If the final CAD is not done within 5 days of the receipt of documents to the customer's bank, all documents must be returned to World of Timber - FZCO bank by courier free of charges and security deposits will be used partially or completely to sell the cargo to another party at the same port or a different port. Customer will bear the cost of price difference or any storage or demmurages fees at the port of discharge.
8. LETTER OF CREDIT (LC)
LC must be issued within 5 days of the purchase. Draft of the LC must be approved by World of Timber - FZCO prior to issuance.
No additional documentation or requirements may be added to the LC without prior consent of World of Timber - FZCO and in writing.
This order acknowledgement/Proforma invoice is THE governing document, held in higher regard than the LC, unless the LC is opened prior to placing this order.
Some "must appear on all documents" requirements are considered a suggestion if they are not obtainable due to governmental laws or shipping marine companies laws.
Customer agrees to accept and waive documents discrepancies or errors (with the exception of unmatched volumes or sale prices).
Sale prices may NOT be renegotiated due to discrepancies.
In the event of failed LC transaction, documents will be returned to World of Timber - FZCO bank within 5 days of bank swift message, with all fees and charges assessed to the customer.
9. OTHER PAYMENT TERMS AND CHANGES
Other terms may be considered and agreed upon before placement of the order and prior to shipment and MUST be stated in this acknowledgment/Proforma invoice below.
10. BANKING FEES
WIRE TRANSFERS
Customer is responsible & liable for any financial damages caused to World of Timber - FZCO by customer's bank or chosen intermediate bank(s).
World of Timber - FZCO will agree to a maximum $50 wire fee (combined) from the customer's bank or chosen intermediate bank(s).
11. CANCELLATION
World of Timber - FZCO or the customer may cancel an UNSHIPPED order after giving 5 days written warning of non-compliance. Reasons for cancellation must be late shipment, off grade previous shipment, payment or late payment issues, excessive quality complaints or financial risk. Cancellation must be agreed by both parties.
If World of Timber - FZCO chose to cancel the order all deposits must be returned to the customer.
12. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this agreement if such failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, trade disputes, accidents, fire, floods, and governmental actions.
13. INSURANCE
The buyer is responsible for arranging adequate insurance coverage for the goods during transit. World of Timber - FZCO shall not be liable for any loss or damage to the goods once they have been loaded onto the transport vehicle at the seller’s premises.
14. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which World of Timber - FZCO is registered. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
15. LIMITATION OF LIABILITY
World of Timber - FZCO's liability to the buyer for any claim relating to the goods or this agreement shall not exceed the price paid by the buyer for the goods. World of Timber - FZCO shall not be liable for any indirect, special, or consequential damages.
16. AMENDMENTS
Any amendments or modifications to this agreement must be made in writing and signed by both parties.
17. SEVERABILITY
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
18. ENTIRE AGREEMENT
This agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, or understandings.
19. COMPLIANCE WITH LAWS
Both parties agree to comply with all applicable laws, regulations, and standards relating to the production, sale, and delivery of the goods.
20. INTELLECTUAL PROPERTY
Any intellectual property rights in the goods or related materials remain the property of World of Timber - FZCO, and the buyer shall not use such intellectual property without the seller’s prior written consent.
21. TERMINATION
This agreement may be terminated by either party if the other party breaches any material term of this agreement and fails to remedy the breach within a specified period after receiving written notice of the breach.
22. WARRANTY DISCLAIMER
Except as expressly provided in this agreement, World of Timber - FZCO makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.