1. Term.
This Contract shall begin on 03. December 2015, and end upon the last delivery for the quantity specified in this agreement, unless the parties agree otherwise. However, if, as of such date, Buyer is in arrears on the account, Seller may then cancel this Contract and sue for damages, including lost profits, offsetting the deposit there against, and further recover its cost of suit including attorney fees.
2. Delivery.
Buyer will give Seller 14 days’ advance notice regarding the quantity requested for delivery. Upon receipt of the request for delivery, Buyer will arrange for pick up through Recycle Engineering Co., Ltd. certified truck with the Manifest of Transport.
3. Risk Of Loss.
The risk of loss from any casualty to the Goods, regardless of the cause, will be the responsibility of the Buyer once the goods loaded to RE certified truck at BMT plant.
4. Acceptance.
Buyer will have the right to inspect the goods upon receipt, and within two (2) business days after delivery, Buyer must give notice to Seller of any claim for damages on account of condition, quality, or grade of the goods, and Buyer must specify the basis of the claim in detail. Failure of Buyer to comply with these conditions will constitute irrevocable acceptance of the goods by Buyer.
5. Charges.
Seller shall invoice Buyer upon and for each delivery. Buyer shall pay all charges on terms of Net 30 Days Receipt of Goods. If Seller undertakes collection or enforcement efforts, Buyer shall be liable for all costs thereof, including attorney fees. If Buyer is in arrears on any invoice, Seller may, on notice to Buyer, apply the deposit thereto and withhold further delivery until the deposit and all arrearages are brought current.
6. Warranty.
Seller warrants that the goods sold hereunder are liquid Mercury with a purity of min 98 %. Seller's liability under the foregoing warranty is limited to replacement of goods or refund of the purchase price at Seller's sole option. Seller makes no other warranty, express or implied, and none shall be imputed or presumed.
7. Taxes.
All sales taxes, tariffs, and other governmental charges shall be paid by Buyer and are Buyer's responsibility except as limited by the law.
8. Governing Law.
The laws of the Kingdom of Thailand shall govern this Contract. Any disputes brought against the Seller hereunder will be heard in the appropriate federal and state courts located in Bangkok.
9. Force Majeure.
Seller may, without liability, delay performance or cancel this Contract on account of force majeure events or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, terrorism, embargo, failure of source of supply or casualty.
10. Miscellaneous.
This Contract contains the entire agreement between the parties and supersedes and replaces all such prior agreements with respect to matters expressly set forth herein. No modification shall be made to this Contract except in writing and signed by both parties. This Contract shall be binding upon the parties and their respective heirs, executors, administrators, successors, assigns and personal representatives.