English
FORCE MAJEURE: Neither party to this contract shall be held responsible for breach of contract caused by an act of GOD, insurrection, civil war,general epidemic war, military operation or local emergency. The parties do hereby accept the international provision of “force majeure” as published by the international chamber of commerce, Geneva, Switzerland, and as defined by I.C.C. rules uniform customs and practice.’ No legal or legal action can be taken against the manufacturer company due to electricity and gas cuts, strikes, natural disasters or similar reasons that will hinder production and logistics. In accordance with the same reasons, the buyer company may request to delay the shipment of products and has the right to delay paying. Authorized ministries in the country where the factory operates have the right to suspend or cancel the export for any reason. In such a case, the full amount of money paid to purchase the products will be returned to the buyer.
TERMS: T:1-This document has been prepared according to the conditions legally regulated by the authorized units for international import and export arbitration. T:2-The parties agree to resolve all disputes amicably. If no solution can be reached, the legal conditions specified in the contract will prevail. 1: A-The buyer hereby confirms that they are ready, willing and able to purchase the mentioned commodity under the terms and conditions mentioned subject to execution of the contract for the purchase of the said commodity upon consideration of the mutual agreement. The sellers with full corporate authority and responsibility hereby certify, represent and warrant that it can fulfill the requirements of this agreement and provide the product. Both parties hereby agree and covenant as to honoring the following terms and conditions of this agreement as per the International Chamber of Commerce ICC rules for international trade.
B) The Seller guarantees to pay for all loss and damage costs incurred by the Buyer if the Seller does not deliver the products according to the delivery conditions specified in the contract within the specified validity period. The Buyer undertakes to pay all damages and losses incurred by the Seller in the event that the date specified in the Payment Terms of this contract is not operational within the validity period. C)This contract shall be valid upon the first payment by the buyer company whose detailed information is written. Detailed payment information for this contract is also written.
CONTRACT APPROVAL AND PAYMENT CONDITIONS: 2: The validity period of the contract is 24 hours, but the payment terms will start within 2 days. Within this period, the contract must be approved by the buyer and the payment of the amount of the products specified in the contract must be started. Otherwise, the contract is invalid. In order for the buyer to request a new contract or request additional time for contract approval/payment, 10% of the payment amount (Guarantee) of the products specified in the contract must be paid in cash. The maximum payment amount for the payment of the total amount specified in the contract and payment condition is one (10) given for the day. An electronic copy of the contract will be considered legal. SHIPMENT & PACKAGING : 3: A-The manufacturer is responsible for delivering the products with the specifications and quality specified in the contract with the specified packaging option. The manufacturer must pack the products in accordance with international transportation standards. B- The contract cannot be changed after the approval of both parties.During the packaging phase, the buyer company cannot request any change. If the buyer company requests to cancel the contract with valid reason, the seller has the right to refund the fee by deducting the tax and package fee. C- The manufacturer company should write the necessary details about the product on the product packages, and the legal information regarding the product must be fixed in English and in the language option requested by the buyer company as the second language. D- The seller company is responsible for delivering the requested product types on the specified date according to the delivery option specified in the contract.
4: If the delay of the delivery date does not occur due to a legally valid reason, the Buyer company has the authority to sue the manufacturer and the brand owner company for compensation for material and moral damages. Manufacturer and brand owner firm undertakes to compensate the damages of the buyer firm.
SPECIFICATIONS: 5:The product types specified in the contract and whose quality and type are clearly written, will be inspected by the insurance company and authorized units before and after packaging. All documents related to the subject must be sent to the buyer company within 48 hours. Grade A Chicken fit for human consumption, No yellow skin, No hair, No outer nail, No burns, No black spot, No stain No bad smell , No bruise , Broken bones less than 3% , Clean and washed, Moisture content is less than 3%, Frozen Requirement: Drainage: 1°C -5°C for 8 hours , Blasted at: -40°C Storage at: -18°C Freezing Process: IQF - Certification: ISO , Production Age: Not more than 60 days from the shipping date - Shelf Life: 12 Months from production date.. It may vary between 05% and 10% in the product quality specified in the contract. The legal documents required for chicken production and export must be delivered to the buyer company within one week The product types specified in the contract, the quality and type of which are clearly written, will be checked by the authorized units before and after packaging. All documents related to the subject must be forwarded to the buyer company. The manufacturer is not responsible for any damage or deterioration caused by transportation, storage and similar reasons after the products are delivered to the port. DISPUTES OF ARBITRATION: 6: A- If any of the provisions set forth herein are violated by any party to this agreement, the party that does not comply with the terms may not make any judgments. B-In the event that the defaulting party fails to remedy such breach, the aggrieved party may cancel this agreement forthwith and claim such damages as he may have sustained due to the breach of the defaulting party. C- The contract does not change after approval by both parties and cannot be offered to change it. GOVERNING LAW: Breach of contract:If any of the provisions or provisions set forth herein is violated by any party of this Agreement, 7:The manufacturer and the brand owner company and the buyer or intermediary companies have to file a lawsuit in the country of residence of the manufacturer and the brand owner for any conditions specified in the contract to seek their legal rights, or for any problems such as products, packaging, logistics, banking problems, etc. All legal rights will be exercised by the courts of the country where the manufacturer is located. Lawsuits filed in another country have no legal validity. 8:The competent ministries of the country where the manufacturer is registered have the legal right to intervene in this contract and the conditions written in the contract. 9:The competent ministries are legally entitled to increase or decrease the prices of the products specified in the contract or to cancel them completely within the competence committee.
10: If there is an obstacle that will constitute an internationally valid legal crime realized by the buyer company and therefore the authorized units intervene in this contract, all rights related to the buyer company will be terminated. In such a case, the contract will be canceled unilaterally and no refund will be made.
AUTHORITY TO EXECUTE THIS CONTRACT: 11:The parties to this contract declare that they have full authority to execute this document and accordingly to be fully bound by the terms and conditions. This contract represents the entire agreement between the parties and any changes will be made in writing executed by both parties.
REMARKS: 12:This contract is written in English. Any Clause of the contract shall constitute an integral part of the contract, and have the same legal effect. This contract is made out in two original copies, one copy to be held by each party in witness thereof. 13:The written conditions of this contract have been fully accepted by both companies. With the transfer of the first payment amount of the fee specified in the contract, the production, packaging and logistics operations of the requested products begin. The buyer company pays the second amount of the fee specified in the contract by sending all documents related to the products and export together while the delivery process is realizing.
If the buyer company delays the payment of the second fee specified in the contract without any legal reason, the manufacturer keeps the products in the warehouse for a weekly fee. Warehouse fee is collected from the buyer company If the buyer company does not pay with the completion of the specified period, the contract is canceled by the seller company and the delivery of the products shall not made. APPLICABLE LAWS AND DEFINITIONS: 14:This contract shall be governed by and done according to the rules of the International Chamber Of Commerce and subject to the interpretation of Inco Terms 2023 Edition and as amended to apply. In witness thereof, both parties have caused this agreement to be signed and executed by their authorized representatives and have thereby understood, agreed and accepted the terms and conditions so stated herein with signature affixed below on the first date above written. The conditions clearly written in this document are valid with the signing and stamping of the manufacturer and the brand owner company and the buyer company whose information is written SELLER BUYER
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