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Terms and Conditions BASF Masterbatch Auction November 2015
These terms and conditions apply to the BASF auction. In case of inconsistencies with the General Conditions of Sale, the here mentioned clauses for the auction take precedence over the General Conditions of Sale of BASF Color Solutions Germany GmbH.
Placing of an offer
With placing its product at StockonDeals, BASF Color Solutions (“BCS”
) makes a legally binding offer to sell the product according to currently applicable standard specifications, according to the commercial terms set out hereinafter and on the basis of BCS’s General Conditions of Sale (“GTC”
) to the user placing the highest valid bid (matching or exceeding the starting price defined by BCS) by the end of a respective auction (the “Offer”
BCS’s GTC are attached hereto as pdf.
The purchase price as per ex works (Incoterms 2010) shall be exclusive of value-added tax, if any. Payments shall be effected in advance to the delivery. The purchase price only applies to the respective auction. The product is sold “AS IS” under the exclusion of any warranty with regard to a particular specification, merchantability, fitness or suitability for a particular purpose, i.e. warranty is therefore excluded insofar as mandatory applicable law permits an exclusion of liability. BCS is only liable in case of intent or gross negligence by its legal representatives, agents, officers or employees. BCS shall not be liable for any inappropriate use of the product by the Purchaser or third parties contrary the generally accepted standards of careful and proper use of chemicals, and Purchaser shall indemnify and hold harmless Seller from any losses, claims, damages or liabilities to any third party in connection with the above. For the products offered, no samples and/or additional documents, i.e. material safety data sheets, will be provided by BCS.
Sale and Commercialization
The Purchaser is prohibited to sell or commercialize BCS products acquired from the Purchaser in Iran and Syria, neither directly nor indirectly, whether in their original packages or in another.
The risk assessment conducted by BCS for countries subject to sanction regulations is understood and the Purchaser supports its strategy to avoid sales of BCS products in Iran and Syria which could breach any Regulations, Conventions, International Agreements or BCS's Internal Responsible Care Codes, applicable to the sale of chemical products to such countries.
In case of any change of the business or the commitment the Purchaser will inform BCS immediately.
The Purchaser expressly accepts all legal liability in respect of the sale and use of BCS products sold by the Purchaser, directly or indirectly, to Iran and Syria, and commit to indemnify BCS, its affiliates and their respective directors, officers, shareholders, employees and agents, or to hold them harmless of any liability for any damage arising out of or relating to the sale or use of such BCS products. Likewise, the Purchaser accepts that the breach of the present commitment will involve the immediate cessation of the sales of such BCS products to the Purchaser’s company.
The Palamid products might contain a low degree of residual moisture due to storage. For further processing BCS recommends drying products beforehand.
Package 2 and 5
In very rare cases, due to the long storage period small quantity deviations might occur for products of packages 2 and 5. In this unlikely event the deviating quantity will not be charged and the purchase price will automatically be reduced.
The packaging of the products might be slightly dirty due to storing. However, the products themselves are of excellent quality and in sound condition.
Placing of a bid
By placing a valid bid matching or exceeding the starting price defined by BCS, the bidder accepts the Offer (including the GTC). The bidder is legally bound to this acceptance unless and until another bidder places a valid higher bid within the time the auction takes place.
Conclusion of Contract
A legally binding contract for the sale of product (“Contract”
) comes into force between BASF and the bidder who has placed the highest valid bid at the time the auction is closed (the “Purchaser”
After the closing of the auction, BCS will send a confirmation letter to the Purchaser with relevant information concerning the Contract and its implementation. This confirmation letter is for clarification purposes only, merely confirms the existence and summarize the conditions of the Contract and neither contains an independent offer for the sale of product nor constitutes any modification to the Contract.
Invoicing and Delivery
In single cases, there may be small differences in total quantity of the respective auction (see section “Package 2 and 5”). If the deviating amount is less than 100 kg, the delivery shall be deemed complete, and accordingly the purchase price remains unchanged. If the deviating amount exceeds 100kg, it will be set off against the purchase price. Therefore, the invoice total will automatically be reduced. After BCS has sent the confirmation letter, the Purchaser is obliged to pay the price determined in the Contract within one week. After receipt of payment, BCS will process the order picking. As soon as goods are ready for collection, the Purchaser has the obligation to collect the goods ex works from BCS within two weeks. Concerning the collection of the goods, the Purchaser has to comply with the BASF safety standards (The BASF safety standards can be downloaded in the delivery section on the auction platform).