Senator Engineering Delivery Note Qpl 1
Senator Engineering Delivery Note Qpl 1
NOTE
BUSINESS DETAILS
1. Consignor 2. Exporter’s Reference/ Delivery Note Number
SENATOR INTEGRATED ENGINEERING SOLUTIONS (U) P00003-001/22/24
LTD
PLOT 229, KIREKA, KAMPALA-UGANDA 3. Booking Number 4. Customer’s Reference
+256789175823 N/A QPL/PROC/REC/02-6159
P.O. BOX 107682 5. Forwarder’s Reference
senator.integratedeng.solns@gmail.com N/A
Name: ……………………………………………………………………
Signature Contact: ………………………………………………………………….
Unless the contracting parties have expressly agreed otherwise in writing, the present General Terms of
Delivery shall apply.
The goods shall remain the sole and absolute property of SELLER as legal and equitable owner until such
time as any amount outstanding in terms of this agreement has been paid, irrespective of the fact that the
sold machinery and equipment has been handed over to the BUYER.
SELLER shall be entitled to sub- contract, cede, assign and transfer any or all of its rights, title and interest in
and to this agreement to a third party without the BUYER’s consent.
SELLER shall be bound by BUYER’s terms and conditions only if SELLER has expressly accepted them in
written form.
The data on weights, measures, content, prices, performances, or alike, as contained in catalogues,
brochures, circular letters, advertisements, pictures and price lists, etc. shall only be definitive if the contract
expressly refers to them.
Drawings, design drafts and other technical documents, as well as samples, catalogues, brochures, pictures
and alike shall always remain the intellectual property of the SELLER. Any use, copying, reproduction,
dissemination and transfer to third parties, and any publication and presentation thereof may only be
effected with the express approval of the SELLER.
The listed prices are including ordinary commercial packaging; The goods are packaged by SELLER according
to normal trade practice in order to avoid, under normal transport conditions, any damage to the goods on
the way to their agreed destination. The goods are packaged at BUYER’s expense, but the packaging material
will only be taken back if so agreed by the parties.
Risk of loss or damage to the goods shall pass to the BUYER accordingly. The BUYER shall insure the goods
against any risk of loss or destruction for the benefit of the SELLER until any amount outstanding in terms of
this agreement has been paid.
Date and Time of Delivery are specified in accordance with the conditions of the respective order.
SELLER shall have the right to make partial or advance deliveries.
In case delivery is delayed due to causes which rest with the BUYER, installation, start-up and take-over shall
be delayed accordingly without applying of any penalty which may have been agreed between SELLER and
BUYER to SELLER.
In case delivery is delayed for more than 30 days due to causes which rest with the BUYER, the SELLER shall
have the right either to store the contractual goods and charge interest and storage costs, or to dispose the
contractual goods for other delivery contracts. In that case a new delivery time has to be agreed upon by the
parties and the contract has to be amended accordingly and SELLER preserves the right to charge interest
and the storage costs until disposal.
If BUYER does not accept the goods supplied under the contract at the contractually agreed place or at the
contractually agreed time, and if the delay is not due to any action or omission on SELLER’s part, SELLER may
either demand the performance of the contract or withdraw from the contract, granting a reasonable
respite.
The SELLER shall also be entitled to claim a refund of any justified expenses that SELLER additionally had to
incur in connection with performing the contract and that are not covered by the payments received.
Unless otherwise agreed, all prices shall be ex works of SELLER, without loading.
The payments shall be made in keeping with the agreed conditions of payment.
The BUYER is not permitted to defer payment or offset any amount against the payment because of any
counterclaim on the part of the BUYER.
If the BUYER defaults on the agreed payment or any other performance, SELLER may either insist on the
performance of the contract or announce the withdrawal from the contract, granting a reasonable respite.
In all events, BUYER shall refund to SELLER the dunning charges and collection costs which constitute a
further damage caused by the delayed performance.
If BUYER has not made the payment due or provided any other performance within the respective respite,
SELLER may withdraw with immediate effect from the contract by means of a written notice. BUYER shall
return to SELLER, upon SELLER’s request, any delivered goods and compensate SELLER for any reduction in
the value of the goods that has occurred, as well as refund to SELLER all expenses that SELLER had to incur in
connection with the performance of the contract.
Defects must be reported with a detailed written explanation to SELLER immediately. Upon delivery, the
BUYER shall thoroughly inspect delivered machinery and equipment for completeness. Defects or
deficiencies that are or could have been discovered by such inspection must be reported with a detailed
written explanation to Seller within 30 days after delivery to the BUYER, or any rights in connection therewith
shall lapse.
Once the BUYER has made a notice on defects to SELLER, SELLER shall - if the defects must be remedied
according to the provisions of the present article - at SELLER’s choice:
a) rework the defective goods on BUYER’s site;
b) have the defective goods or the defective parts shipped back to SELLER for reworking;
c) replace the defective parts;
d) replace the defective goods.
SELLER shall only be liable vis-à-vis the BUYER for damages caused insofar as such damages are attributable
to SELLER on grounds of malice aforethought or serious gross negligence. It is expressly agreed that SELLER
shall not be liable to BUYER for standstill in production, loss of profit, loss of use, loss of contract or any other
economic or indirect or consequential damage.
This restriction of liability shall apply to all damage claims, regardless of their legal grounds, including but not
limited to pre-contractual and ancillary contractual claims.
The purchased object provides only that level of safety that may be expected on the basis of the registration
provisions, the operating instructions, SELLER’s rules on the handling of the purchased object - especially
with regard to any possible inspections - and other instructions given.
Any damage claims of the BUYER against SELLER must be asserted within a period of six months from the
arising of the damage. The BUYER shall have the burden of proof in regard to any damages as well as in
regard to SELLER’s intent or serious gross negligence.
In case of damage claims because of defective machinery and equipment it is in SELLER’s sole discretion to
decide whether to replace or amend the respective machinery and equipment.
SELLER does not assume any liability for damages resulting from modifications carried out by the BUYER on
the goods supplied by SELLER. This applies regardless of the nature and extent of the modifications and
regardless if SELLER had notice or had to have notice of said modifications. In case the BUYER does carry out
modifications to any goods supplied by SELLER, it is the sole responsibility of the BUYER to attach
corresponding warning signs to any goods supplied by SELLER and modified by the BUYER. In this case the
Certification of Conformity issued by SELLER becomes void and solely BUYER shall be responsible for the
machine acceptance by local technical inspection authorities.
Modifications and amendments to this contract are valid and binding only if they have been made in writing
and duly signed by the authorized representatives of the BUYER and the SELLER.
The term "FORCE MAJEURE" is understood by both parties to mean any cause to prevent either party from
performing any or all of its obligations which arises from or is attributable to acts, events, omissions or
accidents beyond the reasonable control of the party so prevented and are not reasonably avoidable by the
party so prevented including strikes, lockouts or other industrial disputes (whether involving the workforce of
the party so prevented or any other party, as sub-suppliers), acts of God, war, riots, civil commotion,
malicious damage, compliance with any law or governmental order, rule, regulation or direction, by any
competent body or authority, accident, breakdown of plant or machinery, fire, flood or storm, restraints or
delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials
or products, currency restrictions. Neither party shall be liable to the other party in any manner whatsoever
for any failure or delay in performing its obligations under this Agreement due to force majeure provided
always that this clause shall not apply in respect of an obligation to pay monies.
In case of an event of force majeure, the parties shall meet to decide on and take appropriate measures.