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I. ORDER NOTES:

1.        SUBJECT UNDER CONDITION EXCEPT FOR FORCEMAJEURE

2.        GOODS INTENDED FOR ADDITIONAL INDUSTRIAL PROCESSING.

3.        INCOTERMS:THE PARTIES AGREE TO ADJUST THE MUTUAL RIGHTS AND OBLIGATIONS REGARDING THE DELIVERY OF GOODS AS SET FORTH BY INCOTERMS 2010 ICC (INTERNATIONAL CHAMBRE OF COMMERCE).

 

II. CONCERNING THE CLIENT:

1.        ORDER SHALL BE CONSIDERED VALID AND IS BOUND BY THE ISSUE OF A LICENSE TO IMPORT FROM THE CLIENT.

2.        ORDER VALID UNLESS WITHDRAWAL OF THE INSURANCE COVERAGE (CLIENT CREDIT LINE), AND/OR UNLESS REFUSAL TO CONFIRM THE DOCUMENTARY CREDIT BY THE BANK OF EVROMES OOD

3.        EVROMES OOD MAY IMMEDIATELY TERMINATE THE SALE OF PRODUCT TO THE CLIENT BY GIVING  NOTICE OF TERMINATION TO THE CLIENT(WHICH NOTICE SHALL BE IMMEDIATELY EFFECTIVE):

A) IF THE CLIENT FAILS TO PAY , WHEN DUE, ANY AMOUNT PAYABLE TO EVROMES OOD;

B) IF THE CLIENT FAILS TO OBSERVE OR COMPLY WITH ANYTHING REQUIRED TO BE DONE BY THE CLIENT UNDER THE AGREEMENT;

C)IF THE CLIENT BECOMES BANKRUPT, INSOLVENT OR MAKES AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS OR THE CLIENT UNABLE TO MEET ITS OBLIGATOIONS AS THEY BECOME DUE

         4.      THE GOODS ARE THE PROPERTY OF EVROMES OOD AS UNTIL THE TOTAL INVOICE AMOUNT INCLUDING POSSIBLE INTEREST RATE PAID.

        5.     FOR LATE PAYMENT, INTEREST RATE WILL INCREASE TO 8.75% P.A. AND WILL INCLUDE REMINDER FEES.

         6.      EVROMES OOD WILL USE ITS BEST COMMERCIALLY REASONABLE EFFORTS TO COMPLY WITH THE SHIPPING PERIOD, BUT SUCH PERIODS ARE ESTIMATES ONLY AND NO GUARANTEE IS GIVEN AND TIME SHALL NOT  BE OF ESSENCE IN RESPECT THEREOF. EVROMES OOD SHALL ACCEPT NO LIABILITY OF ANY NATURE WHATSOEVER FOR FAILURE TO MEET DELIVERY DATES AND SUCH FAILURE SHALL NOT ENTITLE CLIENT TO REPUDIATE OR CANCEL THE AGREEMENT.

       7.    DEMOURRAGE, IF ANY, SHALL BE CHARGED IN ACCORDANCE WITH, AND THE PARTIES HEREBY INCORPORATE, THE RELEVANT CHARTER PARTY AND/OR SHIPPING AGREEMENT AND/OR FIXTURE RECAP COVERING THE RESPECTIVE VOYAGE .  ANY DEMOURRAGE PAID BY EVROMES OOD ON CLIENT’S BEHALF WILL BE PAYABLE TO EVROMES OOD WITHIN 2 DAYS OF DEMAND FOR SAME.

        8.    COMPLAINTS ON QUALITY AND QUANTITY MUST BE CLAIMED IN WRITTEN NOTIFICATION ONLY:

QUANTITY: THE DAY OF THE UNLOADING OF THE GOODS TO DESTINATION

QUALITY:  WITHIN 5 WORKING DAYS FROM THE RECEPTION OF THE GOODS AT DESTINATION, WITH OFFICIAL ANALYSIS RESULT OF THE GOODS DELIVERED AND ALREADY BILLED ARE CONSIDERED AS ACCEPTED. THEN AFTER THE TERMS DATE THE INVOICE AND GOODS CANNOT BE CONTESTED. THE SAME RULE S FOR GENERIC DISPUTES THAT DO NOT CONCERN THE GOODS QUALITY OR QUANTITY WHICH MUST BE NOTIFIED IMMEDIATELY WITHIN THE SAME DAY OF THE UNLOADING OF GOODS. THE LIMIT FOR ANY QUALITATIVE DISPUTES, FOR FROZEN AND DEEP FROZEN PRODUCTS, IS EXTENDED TO 8 WORKING DAYS FROM UNLOADING.

 

III. CONCERNING THE SUPPLIER:

1.        THE SUPPLIER GUARANTEES THAT THE GOODS  REFERRED TO IN THE ORDER/PROFORMA INVOICE CORRESPOND TO THE PHOTOS SENT IN THE EVENT THAT THE GOODS DO NOT CORRESPOND TO THE PHOTOS SENT BY THE SUPPLIER, BEING AN INTEGRAL PART OF THECONTRACT (ORDER CONFIRMATION), THE ENTIRE LOAD OF GOODS WILL BE SENT BACK TO THE SUPPLIER AND THE RELATIVE COSTS FOR THE TWOWAY SHIPMENT CHARGED AND PAID BY THE SUPPLIER UPON SIMPLE WRITTEN REQUEST BY EVROMES OOD.

2.        IN THE CASE THAT, DURING  HEALTH  CONTROL AT THE PLACE OF DESTINATION OR TRANSIT BY HEALTH AUTHORITIES, THEY REVEAL BACTERIAL OR VIRAL PRESENCES OF INFECTIONS OR CONTAMINATION OF ANY KIND WHICH WILL MAKE THE GOODS INAPPROPRIATE FOR HUMAN CONSUMPTION, THE SUPPLIER UNDERTAKES WITH  NO EXCEPTION TO RETURN THE AMOUNT PAID IN ADVANCE AND TO COMPENSATE  EVROMES OOD FOR ANY AND ALL DAMAGES AS REQUIRED BY  EVROMES OOD.

3.         IN CASE OF NON DELIVERY OF TRANSPORT DOCUMENTS (DDT, CMR, HEALTH CERTIFICATE, ORIGIN CERTIFICATE, TRADE DOCUMENT, ETC..) OR FAILURE TO EXECUTE ALL INSPECTIONS MANDATORY REQUIRED OR ANY DOCUMENT OR INSPECTION REQUIRED UPON CONTRACT, ALL DAMAGES ARISING AS A RESULT OF SUCH SUPPLIER NEGLIGENCE WILL BE CHARGED TO THE SUPPLIER.

4.        THE TRANSPORT COMPANY AND THE SUPPLIER CANNOT RELEASE THE TRUCK AND ALLOW THE TRANSPORT, BEFORE  EVROMES OOD HAS PREVIOUSLY APPROVED AND AUTHORIZED ALL THE LOADING DOCUMENTS AND TRANSPORT. ALL DAMAGES SUFFERED BY EVROMES OOD, CONSEQUENTLY AND RELATED TO THIS KIND OF FAULT AND CONTRACTUAL  OBLIGATION, WILL BE CONSIDERED AS RESPONSIBILITY OF THE TRANSPORT COMPANY AND THE SUPPLIER, WHO WILL HAVE TO REFUND THE LOSSES TO  EVROMES OOD.

5.        IN CASE OF FAILURE OF THE SUPPLIER TO DELIVER GOODS  FOR ANY REASON, THE SUPPLIER AGREES TO PAY ANY COSTS/DAMAGES REQUIRED BY  EVROMES OOD OR TO PAY THE DIFFERENCE BETWEEN THE PURCHASE PRICE OF THE GOODS CONCERNED IN THIS AGREEMENT AND THE PURCHASE PRICE OF THE PRODUCT ON THE MARKET AS A REPLACEMENT OF THE UNDELIVERED GOODS.

6.         THE “PREPAYMENT” CLAUSE, IF NOT ESTABLISHED BY  EVROMES OOD IN THE TERMS OF CONTRACT/ORDER CONFIRMATION, SHALL NOT BE USED AS AN EXCUSE TO TERMINATE THE CONTRACT, IF THE SUPPLIER DOES NOT INDICATE OR REFUSES TO INDICATE THE DATE OF LOADING WITHIN THE CONTRACTUAL TERMS ESTABLISHED FOR THE WITHDRAWAL OF THE GOODS.

7.        IN CASE OF DISPUTE IN COUNTRIES WHERE THE GOODS CANNOT BE RETURNED OR WHERE IT IS IMPOSSIBLE TO FIND AN AGREEMENT BETWEEN THE SUPPLIER AND EVROMES OOD, THE RESOLUTION OF THE DISPUTE IS TRANSFERRED TO THE JUDGMENT OF AN INTERNATIONAL CERTIFICATION AGENCY SUCH AS “BUREAU VERITAS” + “SGS” + “COTECNA” OR IN THE ABSENCE OF THESE INSTITUTIONS ANOTHER CERTIFICATION AGENCY  SHALL BE DETERMINED BY THE PARTIES. THE SUPPLIER SHOULD INFORM THE AUTHORITY ABOUT  THE REASON FOR THE COMPLAINT, SO AS THE INSPECTION PROCEDURE AND THE RESULT OF INSPECTION WILL BE BINDING FOR  EVROMES OOD AND SUPPLIER UNTIL THE TERMINATION OF THE COMPLAINT. THE COST OF THE INSPECTION WILL BE CHARGED TO THE LOOSING PARTY. AFTER RELEASE OF THE INSPECTION REPORT, WHICH SHOWS THAT THE COMPLAINT IS UNFOUNDED, EVROMES OOD SHALL IMMEDIATLY PAY THE CONTESTED  INVOICE. HOWEVER, IF THE INSPECTION AGENCY FINDS THE DISPUTE  LEGITIMATE AND NON- CONFORMANCE OF THE GOODS SUPPLIED,THE SUPPLIER AFTER RECEIVING THE  INSPECTION REPORT, WILL BE REQUIRED TO REIMBURSE IMMEDIATELY ALL COST INCURRED FOR THE RETURN OR DESTRUCTION OF THE GOODS  AND PROMPTLY RETURN THE TOTAL AMOUNT OF THE GOODSPRICE PAYED IN ADVANCE BY  EVROMES OOD.

8.        COLLABORATION CLAUSE: IF EVROMES OOD, FOR ANY KIND OF REASON, OTHER THAN DISPUTE,ABANDON THE LOAD TO DESTINATION, REFUSES TO WITHDRAW THE GOODS OR THE DELIVERY BECOME IMPOSSIBLE TO BE DONE DUE TO FORCE MAJEURE, THE SUPPLIER UPON SIMPLE WRITTEN REQUEST OF  EVROMES OOD, WILL COMPLY WITH RETRIEVING THE GOODS AND REIMBURSE THE ADVANCE PAYMENT RECEIVED  FROM  EVROMES OOD IN CASE THE GOODS HAVE BEEN PAYED IN ADVANCE. OF COURSE ALL FEES AND COSTS FOR THE RETURN OF THE GOODS TO THE SUPPLIER WILLBE CHARGED TO  EVROMES OOD

9.        THE SUPPLIER UNDERTAKES AND GUARANTEES THAT THE LOAD OF GOODS SUBJECT OF THIS AGREEMENT WILL BE COMPLETED AND THE TRUCK WITH ALL NECESSARY DOCUMENST WILL BE RELEASED: WITHIN 3 HOURS OF ARRIVAL OF THE VEHICLE FOR CARGO CONTAINER,WITHIN 5 HOURS OF ARRIVAL FOR  TRUCK LOADS. ALL EXPENSES OF DEMURRAGE INCURRED BY  EVROMES OOD IN THE EVENT OF DELAY, IN EXCESS OF LOADING HOURS ESTABLISHED BY THE CONTRACT, SHALL BE REFUNDED BY THE SUPPLIER, WHICH IS COMMITTED TO PAY IMMEDIATELY WITHOUT ANY OBJECTION.

 

THIS CONTRACT WAS CONCLUDED IN BULGARIA AND IS REGULATED BY BULGARIAN LAW. FOR ANY CONTROVERSY THAT SHOULD ARISE IN MERIT OF ITS INTERPRETATION OR OTHER WILL FALL UNDER THE JURISDICTION OF THE BULGARIAN COURT.  FOR THE ISSUES UNSETTLED BY THIS AGREEMENT SHALL APPLY THE PROVISIONS OF THE LEGISLATION IN THE REPUBLIC OF BULGARIA.