Swistar | Contract

1. Claims:

Any claims with regard to the quantity of the goods sold under this contract will be made in writing to the Seller, not later than 5 days and the qualitative claim latest 30 days after arrival of goods to the place of destination. The claim submitted after this time will not be taken into consideration. The claim should be proved by official documents. Any claim of the Buyer cannot exceed the contract value of the claimed goods.

2. Force Majeure:

If for any unforeseen reason, i.e. Force Majeure this Contract is not effected by Seller or by Buyer, validity of the Contract is to be extended for the period during which Force Majeure exists provided that the party obstructed by Force Majeure advises in written form the other party within seven days from the moment Force Majeure arises, respectively ceases. Under Force Majeure will be considered circumstance which occur after the effective date of the Contract due to events of exceptional character that could not have been foreseen and which result in partial or total impossibility of the party to perform its contract obligations, and there are such circumstances as war, mobilization, riots, strikes, rebellions, floods and fire, explosions and damage or breakdown of machinery in the producing factory of the material or manufacturing factory of Seller, or its suppliers, or on site and which destroy parts of material of manufacturing facilities, natural and transport catastrophes or accidents, acts of Governmental authorities and other occurrences accepted by the Arbitration as being cases of Force Majeure. In case that Force Majeure makes completion of this Contract impossible for a period exceeding three months, the parties may cancel non-delivered goods by the mutual agreement.

3. Arbitration:

Any disputes or controversies, which may arise in connection with this contract, will be submitted to the Board of Arbitration of the Czech Chamber of Commerce in Prague for a decision. The parties affirm that the decision of the Board of Arbitration will be final and irrevocable, and that both parties commit themselves to execute it on their own free will.

4. Law:

This contract is a subject to the Czech law.

5. Payment Guarantees:

Payment terms are always a subject to customer solvency remaining sufficient to cover complete payment of sums due. Any circumstances, which could naturally lead to weakening of the customer's solvency, shall give authority to our company as follows:

- To refuse future deliveries unless a cash payment is made before the goods are collected;

- To regard the sum total of invoices already raised as being immediately due, unless the Buyer provides our company with acceptable guarantees;

- The transfer of ownership rights to the buyer after the payment of goods

6. Special conditions:

Incoterms 2011 plus all addenda is to apply unless otherwise stated or in contradiction with the general conditions covering this contract.

7. Other terms:

Any amendments or changes of this contract must be in written form and with the consent of both parties.