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Terms & Conditions

Terms & Conditions

The following terms and conditions (Terms) apply to the sale by INTERNATIONAL WHOLESALE B.V. and the purchase by the Buyer of products agreed to be supplied to the Buyer (Products) from the Proforma-Invoice to which these Terms are attached (Proforma-Invoice). The Contract means the contract for such sale and purchase made up of the Terms and the Proforma-Invoice and all other terms and conditions which are not set out in the Contract (including without limitation any terms or conditions which the Buyer purports to apply under any purchase order or otherwise and/or any statement, promise or representation whether implied by statute or made by INTERNATIONAL WHOLESALE B.V. or otherwise) are excluded.

All deliveries will be supplied FOB, CPT, CIF or EXW as specified on the Proforma-Invoice as each term is defined by Incoterms 2006.

Payment is due in the currency and within the time period as specified on the Proforma-Invoice. Time for payment shall be of the essence.

Any times given for delivery are estimates only and time for delivery cannot be made of the essence by notice. In the event of delayed delivery being attributable (in INTERNATIONAL WHOLESALE B.V. ’s reasonable opinion) to acts or omissions of the Buyer, INTERNATIONAL WHOLESALE B.V. reserves the right to charge the Buyer any additional amounts payable to carriers for demurrage, detention, re-delivery, unloading, excess freight or any other additional expenses.

After delivery the Buyer or its agents shall handle the Products in accordance with good industry practice, shall put them on sale promptly, and not keep them in damp or dirty places, nor store food items near non-foods and vice versa or intermingled with goods infested with or exposed to vermin, weevil or other insects.

INTERNATIONAL WHOLESALE B.V. shall not be liable to Buyer for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the supply of Products provided that nothing in these Terms excludes or limits INTERNATIONAL WHOLESALE B.V. ’s liability for any matter for which it would be unlawful to exclude or limit liability.

Notwithstanding any other provision, title to all Products supplied to the Buyer by INTERNATIONAL WHOLESALE B.V. shall remain with INTERNATIONAL WHOLESALE B.V. until INTERNATIONAL WHOLESALE B.V. has received payment in full for all sums due and owing on any account by the Buyer. INTERNATIONAL WHOLESALE B.V. or its agents may enter on any premises where the Products are stored to repossess the Products in which title has not passed.

Until title has passed to the Buyer the Buyer or its agents shall store the Products separately and shall maintain them in satisfactory condition.

Risk of damage or loss of the Products shall pass to the Buyer at the point of delivery. INTERNATIONAL WHOLESALE B.V. shall not be liable for:

Claims for damage in transit or for short delivery unless notified to INTERNATIONAL WHOLESALE B.V. in writing within 3 days after arrival of the goods to the Buyer.

INTERNATIONAL WHOLESALE B.V. shall not be liable for delays or non-delivery caused by acts of God or the elements, strikes, lock-outs, riot, war conditions, accidents, act of civil, military or government

authority, delay in delivery by third parties, delays in transit, transport shortages, embargo, fires or any like or unlike causes beyond its reasonable control.

Prices and Terms are subject to change without notice.

The Buyer is not licensed to use any of the trade marks or trade names of INTERNATIONAL WHOLESALE B.V. and the Buyer shall not make any modification to the Products supplied or their cartons or packaging, or alter, remove or transfer any trade marks or trade names used on or in relation to the Products. INTERNATIONAL WHOLESALE B.V. is not responsible for any liability for this.

No employee of INTERNATIONAL WHOLESALE B.V. or its associated companies is authorized to change any of the above Terms.

The Contract and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed exclusively in accordance with Netherlands Law and the parties submit to the exclusive jurisdiction of the Netherlands Courts only.

The Buyer shall not be entitled to assign, transfer or sub-contract any of its rights or obligations under the Contract.

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