EuroChem water soluble fertilizers. Save water. Grow more.

Terms & Conditions

Zug/Mannheim, October 2018

    1. Offer and Acceptance Seller’s quotations are not binding offers but invitations to the customer to submit a binding offer. The contract will be concluded only by a written order-confirmation or by execution of the order.
    2. Prices If Seller’s prices or Seller’s terms of payment are generally altered between the date of contract and dispatch, Seller may apply the price or the terms of payment in effect at the date of dispatch. In the event of a price increase, Buyer is entitled to withdraw from the contract by giving notice to Seller within 14 days after notification of the price increase. Cash payments are not accepted.
    3. Delivery, Weight of Delivery, Damage in Transit
      1. The net weight determined at the point of loading will form the basis for all documents.
      2. Quoted delivery dates are best estimates only and are not binding.
      3. Delivery shall be effected as agreed in the contract. General Commercial Terms such as CIF, FOB, CFR etc. shall be interpreted in accordance with the Incoterms as published by the International Chamber of Commerce on the date the contract is concluded.
      4. Notice of claims arising out of damage in transit must be lodged by Buyer directly to the carrier within the period specified in the contract of carriage, providing Seller with a copy thereof. Claims have to be assessed by a claims agent while unloading the merchandise at the latest. The assessment has to include the development, the nature and the extent of the damage.
    4. Laws in Country of Destination Buyer is responsible for compliance with all laws and regulations applicable in the country of destination regarding import, delivery, storage and use of the goods delivered by Seller.
    5. Delay of Payment Delay in due payment constitutes a fundamental breach of contract. In such case Seller is entitled to charge interest on the amount outstanding at the rate of 3 percentage points above the current discount rate of the major banking institution of the country of the invoiced currency.
    6. Advice Technical advice with regard to goods and their application is given to the best of Seller’s knowledge based on Seller’s research and experience. All advice and information with respect to suitability and application of the goods shall not, however, create any liability of Seller and shall not relieve the Buyer from undertaking his own investigations and tests.
    7. Lack of Conformity
      1. Buyer must notify Seller in writing if the goods do not conform with the contract, specifying the nature and extent of the lack of conformity, within 14 days after receipt of goods, as far as such deficiency can be discovered by reasonable examination.
      2. Buyer may only declare the contract void or request a reduction of the purchase price if delivery of substitute goods or remedy of the lack of conformity offered by Seller has not been performed within a reasonable period of time.
    8. Liability
      1. In no event shall Seller be liable for any damages including incidental and consequential damages arising out of, or in connection with, the contract, except in cases of gross negligence or willful act.
      2. In case Seller is not supplied correctly or in due time by his contractors, Seller is authorised to postpone or cancel the respective delivery commitment.
      3. The information and statements regarding our products are based on our current state of knowledge and have been drafted to our best knowledge and in all conscience. This information and statements, however, are not binding to us and cannot be deemed to be complete in all details. We shall not grant any warranty whatsoever with regard to the correctness and the latest state of the art present and in the future of such information and statements and any liability hereto shall be excluded to the extent legally and statutorily possible. The buyer and user of such products shall be responsible for the proper use of such products according to any applicable laws and regulations. Under no circumstances we shall be liable for any improper and/or unlawful use of the products, such as, but not limited to amalgamation or composition of such products or for any processing of such products to another product.
    9. Force Majeure Any incident or circumstance beyond Seller’s control, such as natural occurrences, strikes, lock-outs, shortages of raw materials and energy, obstruction of transportation, breakdown of manufacturing equipment, fire, explosion, or acts of government shall relieve Seller from his obligations under this contract to the extent Seller is prevented from performing thereby. The same applies to the extent such incident or circumstance renders the contractual performance within a reasonable time commercially impractical or occurs with a supplier of Seller. If the aforementioned occurrences last for a period of more than 3 months, Seller is entitled to withdraw from the contract without the Buyer having any right to compensation.
    10. Set off, Retention of Payment A set off or retention of payment is only permitted if counterclaims are existing which are either undisputed or adjudicated by final judgement.
    11. Communication Any notice or other communication required to be received by a party is only effective at the moment it reaches this party. If a time limit has to be observed, the notice or other communication has to reach the recipient party within such time limit.
    12. Place of Performance Regardless of the place of delivery of goods or documents, the place of payment shall be Seller’s place of business.
    13. Retention of Title The goods sold shall remain the property of the Seller until the price has been paid in full.