Potapenko Glass & Filters
Use
Terms - Web Pages, Politics
Potapenko Glass & Filters is sole owner of the information (Datasheets and
Commerce), collected at this website. We will not make express modifications
this information to others in ways, different from what is disclosed as this
website text. The present website text is version of our company. In the event
of ambiguity or difference arising between the version of the website text and
his modified info, modern version of the text shall prevail.
This website text may contain inadvertent inaccuracies or typographical errors.
These will be corrected at Potapenko's discretion, as they are found in time.
The information on this website text is regularly updated, but inaccuracies may
occur where changes occur between updates.
Potapenko has used and will use reasonable efforts in order to include accurate
and up-to-date information at his website. However, Potapenko makes no
warranties or representations, express or implied, as to the timeliness,
accuracy or completeness of the information, contained or referenced in this
version of the website text.
Our website text section in English version, Russian version and Ukrainian
version opens dissimilar commercial traditions and technical conditions for
National, CIS and International transactions. But none related to languages
distinction.
Attention
... attention, since then under-reconstruction some website pages are undone to
browse. These only pages bounded internet resources at this time. The modern
version will be presented to March 2007 within this web-design and follow-on
updates.
About Standard Terms
The supplier and purchaser are bound by any usage to which they have agreed and
by any practices which they have established between themselves. The parties are
considered, unless otherwise agreed, to have impliedly made applicable to their
contract or its formation a usage (or traditional manner) of which the supplier
and purchaser knew or ought to have known and which in international trade is
widely known to, and regularly observed by parties to contracts of the typical
involved in the particular trade concerned.
At Ukraine law a international sales contract must be concluded in or evidenced
by the writing and it is a subject to requirement as to the form. It not may be
proved by any means, including witnesses, only writing (handwrite, typewrite)
sales contract and purchaser order have legal power. For the purposes of this
convention 'writing' includes e-mail, fax, mail, telegram and telex.
The order is subject to the conditions as specified by Purchaser for these
goods. It is the integral part of the sales contract when duly signed and
stamped, whereupon the order is received by e-mail and will be accepted as
correct.
We supplies exclusively on the basis of the general conditions of delivery that are presented on the back side of our biz-papers. These general conditions of delivery shall apply at this supply and any subsequent supplies. The conflicting conditions are hereby expressly excluded. This are conception, terms, definitions, abbreviations which both parties are treating unequivocally. Pls. duly place your facsimile at our biz-paper, or/and your purchase order.
Request
A proposal
address us constitutes an request for quote if it sufficiently definite, but not
indicate your intention about the purchase. A request for quote is sufficiently
definite if it indicates the goods and expressly or implicitly fixes or makes
provision for determining the quantity and the price.
We recommend to point in your request a price and a condition, which are
interesting for you (buyer-price) that you search (buyer's find-price) to your
optical design. We give a buyer-price and a condition for you that in-stock off
standard product line if it is our commercial politics at this time.
Quote
A supplier quotations reply to an purchaser's inquiry to purport to be an
contract but contains additions, limitations or other modifications is a
rejection of the purchaser inquiry and constitutes supplier counteroffer to
inform him relate purchaser order and specification which supplier will be able
to do.
Order
A proposal for a contract, that addressed to specific supplier constitutes an
purchaser order if it is sufficiently definite and indicates the intention of
purchaser to be bound in case of contracting. A purchaser order is sufficiently
definite if it indicates the goods and expressly or implicitly fixes or makes
provision for determining the quantity and the price.
Until a contract is concluded an purchaser order may be revoked if the
revocation reaches the supplier before he has dispatched an contract. However,
an purchaser order cannot be revoked: if purchaser order indicates, whether by
stating a fixed time for acceptance or other wise, that it is irrevocable; or
if it was reasonable for the supplier to rely on the purchaser order as being
irrevocable and the supplier has acted in reliance on this order. An purchaser
order, even if it is irrevocable, is terminated when supplier rejection reaches
the purchaser.
Invoice
An invoice made
or other conduct of the supplier indicating assent to an purchaser order is an
purchase order acceptance. Silence or inactivity does not in itself amount to
purchaser's order acceptance.
However, if, by virtue of the purchaser's order or as a result of practices
which the supplier and purchaser have established between themselves or of usage
practice (of commercial practice between supplier and purchaser), the supplier
may indicate assent by performing an action, such as one's relating to the
dispatch of the goods or payment of the price, without notice to the purchaser,
the acceptance is effective at the moment the action is performed, provided that
the action is performed within the period of time laid down in the purchaser
paper-order which must be stamped and signed.
A later invoice is nevertheless effective as an acceptance if without delay the
supplier informs the purchaser or dispatches a notice to that effect. If our
invoice shows that it has been sent in such circumstances that if its
transmission had been normal would have reached the purchaser in due time, the
late invoice is effective to an contracting unless, without delay, the purchaser
informs the supplier that he considers his invoice as having lapsed or
dispatches a notice to that effect. A contract is concluded at the moment when
the ordered invoice/contract becomes effective duly stamped and signed.
Specification
If the purchaser is to specify the supply forms, measurement or other features
of the optical goods and he fails to make such specification and not makes
purchaser order either on the date agreed upon or within a reasonable time on
receipt of our quotations to purchaser inquiry, the supplier may, without
prejudice to any other rights, which he may have, to make the specification and
order pro-form himself in accordance with the purchaser requirements that may be
known to him.
If the supplier makes the specification and order pro-form himself, he must
inform the purchaser of the details thereof and must fix a reasonable time
within which the purchaser may make a different purchaser orders and
specifications. If, after receipt of such confirmation, the purchaser fails to
do so within the time so fixed, the order pro-form and specification made by the
supplier are binding.
Address
An purchaser order, sales contract or any other indication or intention
'reaches' the addressee when it is made to him or delivered by any other means
to him personally, to his place of business or mailing address or, if he does
not have a place of business or mailing address, to his habitual residence.
Time
1-St order:
Quote is 10 days, Invoice is 5 days, Ship is 25 days, Total is 40 days.
2-Nd order:
Invoice is 5 days, Ship is 25 days, Total is 30 days.
3-Rd order:
Invoice is 5 days, Ship is 10 days, Total is 15 days.
We recommend to order the our standard product line, this product is info
published at our web-page 'in-stock'
Reference
The order shall in all respect be governed by and construed according to Ukraine
Law and the United National Convention on Contract for the International Sales
of Goods, UN\CISG -1980, the International Chamber of Commerce on International
Rule for the Interpretation of Trade Terms, ICC\INCOTERMS -2000, too.
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