MD Document
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- Format: MD
- Size: 30.56 KB
- Created: Mar 24, 2025
- Updated: Apr 25, 2025
- Downloads: 231
Sample Sales Agreement
This is a professionally drafted, comprehensive Sales Agreement template suitable for international trade transactions. Particularly tailored for commodity trading such as metals and minerals, this document provides a complete legal framework for buyer-seller relationships.
SALES AGREEMENT
Between:
SELLER: Minerals & Metals Trading Co., Ltd.
- Address: 1250 Resource Avenue, Suite 400 London, EC4R 9XY United Kingdom
- Registration Number: UK12345678
- VAT Number: GB987654321
- Email: [email protected]
- Phone: +44 20 7946 0000
(hereinafter referred to as "the Seller")
BUYER: Global Procurement Solutions, Inc.
- Address: 8700 Commerce Parkway Chicago, IL 60603 United States of America
- Registration Number: US87654321
- Tax ID: 12-3456789
- Email: [email protected]
- Phone: +1 312 555 1234
(hereinafter referred to as "the Buyer")
DEFINITIONS AND INTERPRETATION
"Agreement" means this Sales Agreement including all schedules, annexes, and amendments.
"Business Day" means a day (other than a Saturday, Sunday, or public holiday) when banks are open for business in both the Seller's and Buyer's countries.
"Confidential Information" means all information (whether written, oral, or in electronic form) concerning the business, affairs, products, developments, trade secrets, know-how, personnel, customers, and suppliers of either party which is directly or indirectly disclosed by one party to the other in connection with this Agreement.
"Delivery Date" means the date specified in Schedule A or such other date as the parties may agree in writing.
"Delivery Location" means the location specified in Schedule A.
"Force Majeure Event" has the meaning given in Section 8.
"Goods" means the goods described in Schedule A.
"Incoterms" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when this Agreement is made.
"Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Purchase Price" means the price for the Goods as set out in Section 2.
"Specifications" means the specifications for the Goods, including any related plans and drawings, as set out in Schedule A.
SUBJECT MATTER OF THE AGREEMENT
- The Seller agrees to sell and the Buyer agrees to purchase the Goods as described in Schedule A attached hereto and forming an integral part of this Agreement.
- The specifications, quantity, quality standards, and packaging requirements of the Goods shall be in accordance with the details set forth in Schedule A.
- Any changes or modifications to the Specifications must be agreed upon in writing by both parties.
PRICE AND PAYMENT
- The total purchase price for the Goods shall be $875,000.00 (Eight Hundred Seventy-Five Thousand United States Dollars) (hereinafter referred to as "the Purchase Price").
- The Purchase Price is exclusive of any applicable taxes, duties, levies, or charges, including but not limited to value-added tax (VAT), goods and services tax (GST), sales tax, import duties, and customs fees, which shall be borne by the Buyer unless otherwise agreed in writing.
- Payment shall be made as follows:
- 30% of the Purchase Price, amounting to $262,500.00 (Two Hundred Sixty-Two Thousand Five Hundred United States Dollars), as a non-refundable deposit upon signing of this Agreement;
- 40% of the Purchase Price, amounting to $350,000.00 (Three Hundred Fifty Thousand United States Dollars), upon notification that the Goods are ready for shipment;
- The remaining balance of 30% of the Purchase Price, amounting to $262,500.00 (Two Hundred Sixty-Two Thousand Five Hundred United States Dollars), within 30 (thirty) days after delivery and acceptance of the Goods.
- All payments shall be made by wire transfer to the Seller's designated bank account as specified in Schedule B, free of any bank charges or deductions.
- Late payments shall incur interest at the rate of 1.5% per month on the outstanding amount, calculated from the due date until the date of actual payment.
- If the Buyer fails to make any payment due to the Seller under this Agreement by the due date for payment, then, without limiting the Seller's remedies under Section 10, the Seller may suspend delivery of the Goods until payment has been made in full.
- The Buyer shall make all payments due under this Agreement without any deduction whether by way of set-off, counterclaim, discount, abatement, or otherwise.
DELIVERY
- The Goods shall be delivered CIF (Cost, Insurance, and Freight) Port of Chicago, USA in accordance with Incoterms 2020 to the delivery location specified in Schedule A.
- The expected delivery date is May 15, 2025, or within 45 (forty-five) days from the date of receipt of the deposit payment, whichever is later. This delivery date is an estimate only and time shall not be of the essence.
- The Seller shall notify the Buyer when the Goods are ready for shipment at least 7 (seven) Business Days before the expected shipping date.
- Risk of loss or damage to the Goods shall pass to the Buyer in accordance with the CIF Incoterms 2020 rules as specified in Section 4.1.
- The Seller shall provide the Buyer with all relevant shipping documents, including but not limited to:
- Commercial Invoice (3 originals and 3 copies)
- Packing List (3 originals and 3 copies)
- Certificate of Origin (1 original and 2 copies)
- Bill of Lading (3 originals and 3 copies)
- Insurance Policy or Certificate (1 original and 2 copies)
- Quality Certificates or Inspection Reports (1 original and 2 copies)
- Material Safety Data Sheets (MSDS) (1 original and 2 copies)
- Export License or Permit (if applicable) (1 copy)
- The Seller reserves the right to make delivery in installments. Delay in delivery or defect in an installment shall not entitle the Buyer to cancel any other installment.
- If the Buyer fails to accept delivery of the Goods on the delivery date, then:
- The Goods shall be deemed to have been delivered; and
- The Seller may store the Goods until delivery takes place, and charge the Buyer for all related costs and expenses (including insurance).
- If 10 (ten) Business Days after the day on which the Seller notified the Buyer that the Goods were ready for delivery the Buyer has not accepted delivery, the Seller may resell or otherwise dispose of part or all of the Goods and charge the Buyer for any shortfall below the Purchase Price.
TITLE
- Title to the Goods shall remain with the Seller until the Purchase Price and any other amounts owing to the Seller under this Agreement have been paid in full, notwithstanding delivery of the Goods to the Buyer or to any carrier or other bailee for purposes of transmission to the Buyer.
- Until title to the Goods has passed to the Buyer, the Buyer shall:
- Store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller's property;
- Not remove, deface, or obscure any identifying mark or packaging on or relating to the Goods;
- Maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
- Notify the Seller immediately if it becomes subject to any of the events listed in Section 10.1(c); and
- Give the Seller such information relating to the Goods as the Seller may require from time to time.
- If before title to the Goods passes to the Buyer, the Buyer becomes subject to any of the events listed in Section 10.1(c), then, without limiting any other right or remedy the Seller may have, the Seller may at any time:
- Require the Buyer to deliver up all Goods in its possession; and
- If the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.
INSPECTION AND ACCEPTANCE
- The Buyer shall inspect the Goods within 14 (fourteen) days of delivery ("Inspection Period").
- If the Buyer discovers that the Goods do not conform to the specifications set forth in Schedule A, the Buyer shall notify the Seller in writing within the Inspection Period, specifying the nature of the non-conformity in detail and providing photographic or other evidence as reasonably required by the Seller.
- If the Buyer fails to notify the Seller of any non-conformity within the Inspection Period, the Goods shall be deemed accepted by the Buyer.
- In the event of a valid claim for non-conformity, the Seller shall, at its option:
- Replace the non-conforming Goods; or
- Repair the non-conforming Goods; or
- Refund the portion of the Purchase Price paid for the non-conforming Goods.
- The Buyer shall provide the Seller with reasonable access to the Goods and facilities to inspect the allegedly non-conforming Goods.
- The remedies set forth in Section 6.4 shall be the Buyer's sole and exclusive remedies for non-conforming Goods.
WARRANTIES
- The Seller warrants that:
- It has good and marketable title to the Goods;
- The Goods conform to the specifications set forth in Schedule A;
- The Goods are free from defects in materials and workmanship for a period of 12 (twelve) months from the date of delivery;
- The Goods comply with all applicable laws, regulations, and standards in the country of manufacture.
- The Seller shall not be liable for the Goods' failure to comply with the warranty set out in Section 7.1 if:
- The Buyer makes any further use of such Goods after giving notice in accordance with Section 6.2;
- The defect arises because the Buyer failed to follow the Seller's oral or written instructions as to the storage, commissioning, installation, use, and maintenance of the Goods;
- The Buyer alters or repairs such Goods without the prior written consent of the Seller;
- The defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
- The Goods differ from the Specifications as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
- THE SELLER'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS.
- IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF PRODUCTION, OR BUSINESS INTERRUPTION, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Nothing in this Agreement shall limit or exclude the Seller's liability for:
- Death or personal injury caused by its negligence;
- Fraud or fraudulent misrepresentation; or
- Any other liability which cannot be limited or excluded by applicable law.
FORCE MAJEURE
- Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, strikes, lockouts, or other industrial disputes, fire, flood, epidemics, or pandemics ("Force Majeure Event").
- The party affected by a Force Majeure Event shall:
- Promptly notify the other party in writing of the nature and extent of the Force Majeure Event;
- Use reasonable efforts to mitigate the impact of the Force Majeure Event on its performance;
- Keep the other party informed of developments and expected timeline for resolution; and
- Resume performance as soon as reasonably possible after the Force Majeure Event has ended.
- If a Force Majeure Event continues for more than 90 (ninety) consecutive days, either party may terminate this Agreement by giving written notice to the other party.
CONFIDENTIALITY
- Each party acknowledges that it may receive confidential information from the other party in connection with this Agreement.
- Each party agrees to:
- Keep confidential and not to disclose to any third party any confidential information received from the other party without the prior written consent of the disclosing party;
- Use the confidential information only for the purposes of this Agreement;
- Restrict access to confidential information to its employees, officers, representatives, contractors, and advisers who need to know for purposes of this Agreement and ensure they are bound by confidentiality obligations at least as restrictive as those in this Agreement;
- Protect the confidential information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
- The obligations of confidentiality shall not apply to information that:
- Is or becomes generally available to the public other than as a result of a disclosure by the receiving party;
- Was known to the receiving party prior to its disclosure by the disclosing party;
- Becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party; or
- Is required to be disclosed by law, regulation, or court order.
- The obligations of confidentiality shall survive the termination or expiration of this Agreement for a period of 5 (five) years.
TERMINATION
- This Agreement may be terminated:
- By mutual written agreement of the parties;
- By either party if the other party breaches a material term of this Agreement and fails to cure such breach within 30 (thirty) days after receiving written notice of the breach;
- By either party if the other party becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors, is subject to the appointment of a receiver or administrator, or commences proceedings for winding-up or dissolution;
- As provided in Section 9.3 in the event of a prolonged Force Majeure Event.
- In the event of termination:
- The Buyer shall pay for any Goods already delivered and accepted;
- The Seller shall return any advance payments for Goods not yet delivered, less any reasonable expenses incurred;
- Each party shall return or destroy, at the disclosing party's option, any confidential information of the other party.
- Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination.
- Sections 5, 7, 8, 10, 12, 13, and 14 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION
- Any dispute arising out of or in connection with this Agreement shall be resolved as follows:
- The parties shall first attempt to resolve the dispute through good faith negotiations for a period of 30 (thirty) days from the date that one party notifies the other in writing of the dispute.
- If the dispute is not resolved through negotiations, the parties shall submit the dispute to mediation under the rules of the International Chamber of Commerce (ICC). The mediation shall take place in Geneva, Switzerland. The language of the mediation shall be English.
- If the dispute is not resolved through mediation within 60 (sixty) days, the dispute shall be finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce. The arbitration shall take place in Geneva, Switzerland. The language of the arbitration shall be English. The number of arbitrators shall be three.
- Notwithstanding Section 12.1, either party may seek injunctive or other equitable relief from any court of competent jurisdiction.
GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any choice of law or conflict of law provisions.
- The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
GENERAL PROVISIONS
- Entire Agreement: This Agreement, including all schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements.
- Amendments: No amendment to this Agreement shall be effective unless it is in writing and signed by authorized representatives of both parties.
- Assignment: Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld.
- Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
- Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right of such party to enforce such provision in the future.
- Notices: All notices required or permitted under this Agreement shall be in writing and shall be delivered by:
- Hand delivery with receipt acknowledgment;
- Registered mail, return receipt requested;
- Internationally recognized courier service with delivery confirmation; or
- Email with confirmation of receipt.
Notices shall be sent to the addresses specified at the beginning of this Agreement or such other address as either party may designate by written notice. Notices shall be deemed effective upon receipt or, in the case of email, upon confirmation of receipt.
- Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures and signatures delivered by facsimile or email shall be binding and effective as original signatures.
- Relationship of the Parties: Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between the parties. Neither party shall have authority to bind the other party in any way.
- Third Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
- Language: This Agreement is written in the English language. If this Agreement is translated into any other language, the English language version shall prevail.
- Costs and Expenses: Each party shall bear its own costs and expenses incurred in connection with the negotiation, preparation, and execution of this Agreement.
- Further Assurances: Each party shall, at its own expense, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Agreement.
SCHEDULES
The following Schedules form an integral part of this Agreement:
- Schedule A: Description of Goods, Specifications, Quantity, and Delivery Details
- Schedule B: Payment Details
- Schedule C: Quality Control and Testing Procedures
- Schedule D: Warranty Claims Procedure
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
SELLER:
Minerals & Metals Trading Co., Ltd.
Jonathan P. Richardson
Chief Commercial Officer
Date: March 24, 2025
BUYER:
Global Procurement Solutions, Inc.
Maria Sanchez
Vice President, Strategic Sourcing
Date: March 24, 2025
SCHEDULE A: DESCRIPTION OF GOODS, SPECIFICATIONS, QUANTITY AND DELIVERY DETAILS
Description of Goods: High-Grade Copper Cathodes
- Grade A Copper Cathodes conforming to LME Grade A specifications
- Copper content: Min. 99.99% Cu
- Origin: Chile
- Producer: Minera Copper S.A.
- Production Year: 2025
Chemical Composition: Copper (Cu): Minimum 99.99%
Maximum allowed impurities (in ppm):
- Silver (Ag): 25
- Arsenic (As): 5
- Bismuth (Bi): 1
- Iron (Fe): 10
- Lead (Pb): 5
- Antimony (Sb): 4
- Selenium (Se): 2
- Tellurium (Te): 2
- Zinc (Zn): 1
- Oxygen (O): 400
- Sulfur (S): 15
Physical Properties:
- Dimensions (per cathode): 1000mm × 800mm × 10mm (± 5mm tolerance)
- Weight per cathode: 100kg (± 2kg tolerance)
- Surface: Smooth, free from significant nodules, dross, or foreign matter
Applicable Standards:
- ASTM B115-10
- Standard Specification for Electrolytic Copper Cathode
- EN 1978:1998
- Copper and copper alloys
- Copper cathodes
- LME Grade A copper specification
Quantity:
- Total quantity: 125 metric tons (MT)
- Number of cathodes: 1,250 pieces
- Packaging units: 25 bundles of 50 cathodes each
Packaging Requirements:
- Each cathode shall be separated by plastic spacers to prevent sticking
- Cathodes shall be bundled in groups of 50 with steel strapping
- Each bundle shall be secured with minimum 4 steel straps (2 longitudinal, 2 transverse)
- Bundles shall be placed on wooden pallets suitable for forklift handling
- Maximum stack height per pallet: 2 bundles
- Each pallet shall be shrink-wrapped with moisture-resistant polyethylene film
- Maximum weight per pallet: 5,000 kg
Marking Requirements:
Each cathode shall be stamped with:
- Producer name or logo
- Grade
- Production lot number
- Weight
Each bundle shall be labeled with:
- Producer name
- Country of origin
- Grade
- Bundle number
- Gross weight
- Net weight
- Production date
- This contract number (SA-2025-0324)
Delivery Details:
- Delivery Terms: CIF (Cost, Insurance, and Freight) - Incoterms 2020
- Delivery Location: Port of Chicago Illinois International Port District 3600 E. 95th St. Chicago, IL 60617 United States of America
- Expected Delivery Date: May 15, 2025
- Shipping Method: Ocean freight
Required Documents:
- Commercial Invoice (3 originals and 3 copies)
- Packing List (3 originals and 3 copies)
- Certificate of Origin (1 original and 2 copies)
- Mill Test Certificate (1 original and 2 copies)
- Certificate of Analysis (1 original and 2 copies)
- Bill of Lading (3 originals and 3 copies)
- Insurance Certificate (1 original and 2 copies)
- Material Safety Data Sheet (1 original and 2 copies)
- Weight Certificate (1 original and 2 copies)
- Fumigation Certificate (if wooden pallets used) (1 original and 2 copies)
Pre-Shipment Inspection:
The Buyer shall have the right to appoint an independent inspection agency to conduct a pre-shipment inspection at the Seller's facility or warehouse. The inspection shall be conducted no later than 10 days before the scheduled shipment date. The cost of the first inspection shall be borne by the Buyer. If the Goods fail the first inspection, the cost of subsequent inspections shall be borne by the Seller.
SCHEDULE B: PAYMENT DETAILS
Purchase Price:
- Total Purchase Price: $875,000.00 (Eight Hundred Seventy-Five Thousand United States Dollars)
- Unit Price: $7,000.00 (Seven Thousand United States Dollars) per metric ton
- Total Quantity: 125 metric tons
Seller's Bank Information:
- Bank Name: Barclays Bank PLC
- Bank Address: 1 Churchill Place, London E14 5HP, United Kingdom
- Account Name: Minerals & Metals Trading Co., Ltd.
- Account Number: 20354698
- SWIFT Code: BARCGB22
- IBAN: GB56 BARC 2034 5820 3546 98
- Correspondent Bank (for USD transfers): JPMorgan Chase Bank, New York
- Correspondent SWIFT: CHASUS33
Payment Schedule:
Payment | Percentage | Amount (USD) | Due Date/Trigger | Payment Reference |
---|---|---|---|---|
Deposit | 30% | $262,500.00 | Upon signing of this Agreement | SA-2025-0324-P1 |
Second Payment | 40% | $350,000.00 | Upon notification of readiness for shipment | SA-2025-0324-P2 |
Final Payment | 30% | $262,500.00 | Within 30 days after delivery and acceptance | SA-2025-0324-P3 |
Payment Currency: All payments shall be made in United States Dollars (USD).
Bank Charges: All bank charges outside the Seller's country shall be borne by the Buyer. All bank charges within the Seller's country shall be borne by the Seller.
Late Payment Penalties: Late payments shall incur interest at the rate of 1.5% per month (18% per annum) on the outstanding amount, calculated from the due date until the date of actual payment.
Payment Documentation: Each payment shall be accompanied by a remittance advice containing the following information:
- Payment reference number
- Invoice number(s) being paid
- Amount being paid
- Buyer's company name and contact information
- This Agreement number (SA-2025-0324)
SCHEDULE C: QUALITY CONTROL AND TESTING PROCEDURES
Quality Control Standards: The quality control procedures shall conform to:
- ISO 9001:2015 Quality Management Systems
- ASTM E255 - Standard Practice for Sampling Copper and Copper Alloys for Analysis - ASTM E53
- Standard Test Method for Determination of Copper in Copper Concentrates
Sampling Procedures:
- Samples shall be taken randomly from each production lot.
- Minimum number of samples: 1 sample per 5 metric tons of material.
- Each sample shall weigh approximately 100 grams.
- Samples shall be collected from different positions in the lot to ensure representativeness.
- Sampling shall be conducted by qualified personnel in accordance with ASTM E255.
Testing Methods: Chemical Composition Testing:
- Copper content: Electrolytic determination method according to ASTM E53
- Impurities: Inductively Coupled Plasma (ICP) Spectroscopy
- Oxygen: Inert gas fusion method
Physical Testing:
- Dimensions: Standard measuring instruments with calibration certificates
- Weight: Calibrated scales with accuracy of ±0.1%
- Surface quality: Visual inspection under adequate lighting
Testing Frequency:
- Production testing: Every production batch
- Pre-shipment testing: Every shipment
- Witness testing (if requested by Buyer): As arranged with minimum 14 days' notice
Documentation Requirements: The following test documentation shall be provided with each shipment:
- Certificate of Analysis showing chemical composition
- Mill Test Certificate showing physical properties
- Quality Control Release Certificate - Non-conformance reports (if applicable)
Acceptance Criteria: All Goods must meet or exceed the specifications listed in Schedule A. The following tolerances apply:
- Chemical composition: Within specified limits
- Dimensions: ±5mm on length/width, ±1mm on thickness
- Weight per cathode: ±2%
Non-conforming Goods: In case of non-conforming Goods:
- The Seller shall be notified in writing within the Inspection Period.
- The notification shall include detailed description of the non-conformity and supporting evidence.
- The Seller shall have the right to inspect the non-conforming Goods.
- The disposition of non-conforming Goods shall follow the procedure in Section 6.4 of this Agreement.
SCHEDULE D: WARRANTY CLAIMS PROCEDURE
Warranty Coverage: As specified in Section 7.1 of this Agreement, the Seller warrants that:
- It has good and marketable title to the Goods;
- The Goods conform to the specifications set forth in Schedule A;
- The Goods are free from defects in materials and workmanship for a period of 12 (twelve) months from the date of delivery;
- The Goods comply with all applicable laws, regulations, and standards in the country of manufacture.
Warranty Claim Submission: To submit a warranty claim, the Buyer shall:
- Notify the Seller in writing within 7 (seven) days of discovering the defect.
- Provide the following information in the warranty claim:
- Contract number (SA-2025-0324)
- Date of delivery
- Description of the defect
- Quantity affected
- Supporting documentation (photographs, test results, etc.)
- Contact person for inspection arrangements
- Send the warranty claim to:
Primary Contact: Technical Support Department Minerals & Metals Trading Co., Ltd. Email: [email protected] Phone: +44 20 7946 0120 Secondary Contact: Customer Service Manager Minerals & Metals Trading Co., Ltd. Email: [email protected] Phone: +44 20 7946 0121
Warranty Claim Processing:
- The Seller shall acknowledge receipt of the warranty claim within 2 (two) Business Days.
- The Seller shall initiate an investigation within 5 (five) Business Days of receiving the claim.
- The Seller may request additional information or arrange for an inspection of the defective Goods.
- The Seller shall provide a preliminary response within 14 (fourteen) days.
- The Seller shall make a final determination on the warranty claim within 30 (thirty) days of receiving all required information.
Remedies Under Warranty: If the Seller determines that the Goods are defective and covered under warranty, the Seller shall, at its option:
- Replace the defective Goods with conforming Goods;
- Repair the defective Goods;
- Refund the Purchase Price for the defective Goods; or
- Offer a price adjustment for the Buyer to keep the defective Goods.
Return of Defective Goods: If the Seller requests the return of defective Goods:
- The Seller shall provide return shipping instructions.
- The Seller shall bear all reasonable costs of returning the defective Goods.
- The Buyer shall package the Goods in a manner suitable for transport.
- Risk of loss during return shipping shall remain with the Seller.
Expenses:
- If the warranty claim is valid, the Seller shall reimburse the Buyer for reasonable expenses incurred in connection with the warranty claim, including testing costs and shipping.
- If the warranty claim is determined to be invalid, each party shall bear its own costs.
Documentation: The Seller shall provide the following documentation for all warranty claims:
- Warranty Claim Report
- Technical Analysis Report (if applicable)
- Repair or Replacement Certificate (if applicable)
- Release of Warranty Claims (to be signed upon resolution)