TERMS AND CONDITIONS OF BUSINESS
1. Preamble and placement of orders.
1.1 The optional law shall be replaced exclusively by the hereby conditions of sale, delivery and payment stipulated hereinafter. The said conditions shall be deemed accepted upon placement of orders and shall, therefore, be binding upon both parties. Divergent contractual conditions, if any, shall be valid only if approved of in writing by Albo Chemical Company LLC .
1.2 Placing of orders and inquiries shall be in writing, by fax or email.
1.3 All offers of Albo Chemical Company shall be subject to alteration, i.e. they shall be but an invitation to Customer to submit a contractual offer. The contract after Customer’s placement of order in writing shall not be deemed concluded until after Albo Chemical Company’s confirmation of order.
2. Prices.
2.1 Subject to agreements to the contrary. The prices applicable at the time of the contract conclusion shall be deemed agreed. If an interval of more than 4 weeks is between the conclusion of contract and the term of delivery, Albo Chemical Companys prices applicable at the time of delivery shall be authoritative.
3. Terms of delivery and order cancellation
3.1 Delivery shall be made in accordance with the terms of delivery as scheduled or otherwise as soon as possible under consideration of the prevailing conditions. If stipulated times of delivery are exceeded by no more than 30 days, Customer shall have no right to rescind the contract. The same applies if the time of delivery is exceeded by more than 30 days, if the delay is not Albo Chemical Company’s responsibility or if Buyer has not scheduled an adequate grace period for the delivery.
3.2 If the customer has resigned the order before 30 days period, Albo Chemical Company LLC will return prepayment deducting any of it’s expenses occurred by the time of contract cancellation. Remittance shall be made within 180 days after contract cancellation. Other terms of order cancellation shall be agreed in written before the order.
3.3 Albo Chemical company has right to cancel the contract any time without any liability if such liability is not agreed in written before order. In this case Albo Chemical Company shall only return prepayments to customer within 180 days after contract cancellation.
3.4 Subject to agreements to the contrary, shipment shall be at Customer’s risk. Complaints, if any, for reasons of an incomplete delivery or externally visible damage to or loss of goods in transit shall be immediately communicated to Albo Chemical Company LLC. Shipments the external appearance of which allows the conclusion that the goods have suffered damage (in transit) shall be accepted under the reserve of compensation claims against the carrier, asserting the damage incurred.
3.5 Albo Chemical Company LLC shall not be liable for force majeure, consequences of strike, interruption of transport and other circumstances that Albo Chemical Company LLC has no power to control.
3.6 Albo Chemical Company LLC shall have the right to make the performance of contracts condition on the provision of security, rescinding the contract in case inadequate security should be provided. Albo Chemical Company LLC shall be authorized to withhold services to be provided by it if and to the extent that Customer should be in breach of its contractual obligations.
4. Terms of payment;
4.1 Unless agreed otherwise, all invoices of Albo Chemical Company LLC shall be 100% paid in advance
4.2 Payments shall not be deemed made until the amount is made available to Albo Chemical Company unconditionally and not subject to defence.
5. Notification of defects of quality. Liability;
5.1 Albo Chemical Company shall warrant that its products are in line with the description set out in its brochures, specifications and test certificates. However, Albo Chemical Company will not assume liability for the fitness of its products for Customer’s purported use. Incidentally, Albo Chemical Company will not be liable, except for fatal and physical injury or health risk, unless in case of action with aforethought or gross negligence.
5.2 Customer undertakes to check the merchandise immediately after receipt thereof. In case the inspection reveals apparent defects, Customer shall advise Albo Chemical Company thereof, immediately, or within 7 days at the latest, sending a copy of the delivery note or the like. Hidden defects shall be notified within 2 weeks after the defect could have or actually has been discovered. In case a defect has occurred, Albo Chemical Company shall have the right to remedy the same. In case remedial efforts have failed twice, Customer shall be entitled to a rebate or shall be authorized to rescind the contract.
6. Applicable law
Albo Chemical Company LLC is a company registered under law of Russian Federation therefore Russian Law shall be applicable if otherwise is not agreed in written. Russian version of this Terms and Conditions are published in Russian part of the site. Russian version shall be authoritative in case of any legal disputes.
Should you have any questions concerning to the subject, please contact us immediately for the advice.