Export Contracts. If the Customer is located outside South Africa, the following additional provisions shall apply, unless otherwise agreed:
(a) all Gas and/or Goods shall be supplied ex-works as defined in accordance with Incoterms as in force on the date of this Agreement;
(b) the Customer shall be responsible for complying with any legislation or regulations governing the export of the Gas and/or Goods from South Africa and import into the country of destination and for the payment of any duties;
(c) the Customer may at its cost inspect the Gas and/or Goods at Afrox’s works before shipment, at a time to be agreed, and Afrox shall rectify any defects notified by the Customer during such inspection. Afrox shall not be liable for any defect discovered after shipment from Afrox which would have been apparent on inspection (whether or not carried out), or any claim in respect of damage during transit;
(d) in the event of a claim under the warranty in Clause 16 the Customer shall arrange and pay for transport of defective Gas and/or Goods to Afrox and replacement Gas and/or replacement or repaired Goods shall be supplied to the Customer ex-works; and
(e) payment shall be made by means of an irrevocable letter of credit in a form agreed by Afrox and confirmed by a bank in South Africa acceptable to Afrox.
Export Contracts. 20.1 In the event that the Goods are exported, delivery of the Goods may be subject to either FOB Contract, CIF Contract, DDU Contract or EXW Contract.
20.2 In the event of a FOB Contract the following shall apply;
(a) the Goods shall be delivered to the Buyer by delivery on board the agreed mode of transport on the delivery date. The Seller shall promptly notify the Buyer that the Goods have been delivered aboard. Title (subject to clause 9) to, and risk in the Goods shall pass to the Buyer upon such delivery being effected. The Seller shall promptly provide the Buyer with a clean shipped bill of lading in respect of the Goods.
(b) the Buyer shall reserve the necessary space on board the agreed upon mode of transport and give the Seller due notice of the loading berth and any revised delivery dates. The Buyer shall bear any additional costs caused due to the failure of the agreed upon mode of transport being available to load the Goods on the delivery date.
20.3 In the event of a CIF contract the following shall apply:
(a) the Goods shall be delivered to the Buyer by delivery on board the agreed mode of transport on or before the delivery date. The Seller shall procure a contract of carriage and insure the Goods from dispatch until delivery on terms current in the trade for the benefit of the Buyer. The Goods shall be at the risk of the Buyer as they are loaded on board. The Seller shall promptly tender to the Buyer a clean shipped bill of lading, the insurance policy and an invoice in respect of the Goods.
(b) the Buyer shall accept the documents tendered by the Seller if they correspond to this contract and take delivery of the Goods at the port of destination and bear all other costs and charges arising out of shipment of the Goods to the port of destination.
20.4 In the event of a DDU Contract the following shall apply:
(a) the Seller shall arrange delivery of the Goods to the appointed delivery location and shall the assume the risks and costs involved in bringing the Goods to the delivery location.
(b) the Buyer shall be responsible for import customs clearance and payment of customs duties and taxes.
20.5 In the event of a EXW Contract the following shall apply:
(a) the Seller shall make the Goods available for pick up from their premises, after which, the Buyer shall assume all risk and responsibilities associated with loading, transporting and delivering the Goods to their destination.
(b) risk shall pass from the Seller to the Buyer at the time ...
Export Contracts. 23.1 All export contracts for supply by the Seller are subject to any necessary licences and Exchange Control authorisations being obtained.
23.2 We reserve the right not to supply certain customers or countries and to require full details of intended use and final destination of the goods.
23.3 The Buyer is responsible for complying with any legislation or regulation governing the export of goods from the United Kingdom and importation of goods into the country of origin and the payment of any duties, taxes or other expenses in connection therewith.
23.4 The Seller is under no obligation to give notice under Section 32 (3) of the Sale of Goods Act 1979.
23.5 The Seller reserves the right to charge VAT at the prevailing rate until the Buyer provides proof of export of goods from the United Kingdom.
Export Contracts. (a) The Borrower shall ensure that each Export Contract is in proper legal form under its governing law to ensure that it constitutes a legal, valid and binding obligation of each of the parties thereto under such law, enforceable in accordance with its terms.
(b) The Borrower shall observe and perform all of the covenants, obligations and conditions which are required to be observed and performed by it under each Export Contract and the Borrower shall pursue all claims against each Eligible Off-Taker to which it is entitled under any Export Contract.
(c) The Borrower shall not enter into, or maintain, any Export Contract with any Person that is, or is owned or Controlled by any Person that is, a Sanctions Target or located, organized or resident in a Sanctioned Jurisdiction.
Export Contracts. All export contracts for supply by the Company are subject to any necessary licenses and Exchange Control authorisations being obtained.
Export Contracts. The Administrative Agent shall have received copies certified by a senior officer which is an authorized signatory of the Borrower of Export Contracts executed with Eligible Off-takers in an aggregate amount sufficient to maintain compliance with Subsection 11.18.7, after giving effect to the proposed Advance.
Export Contracts. The Export Contracts shall not have been cancelled, rescinded or terminated for reasons other than performance of their terms.
Export Contracts. If the Customer is located outside South Africa, the following additional provisions shall apply, unless otherwise agreed:
(a) all Goods shall be supplied ex-works as defined in accordance with Incoterms as in force on the date of this Agreement;
(b) the Customer shall be responsible for complying with any legislation or regulations governing the export of the Goods from South Africa and import into the country of destination and for the payment of any duties;
(c) the Customer may at its cost inspect the Goods at AWC’s works before shipment, at a time to be agreed, and AWC shall rectify any defects notified by the Customer during such inspection. AWC shall not be liable for any defect discovered after shipment from AWC which would have been apparent on inspection (whether or not carried out), or any claim in respect of damage during transit;
(d) in the event of a claim under the warranty in Clause 15 the Customer shall arrange and pay for transport of defective Goods to AWC and replacement and/ or repaired Goods shall be supplied to the Customer ex-works; and
(e) payment shall be made by means of an irrevocable letter of credit in a form agreed by AWC and confirmed by a bank in South Africa acceptable to AWC.
Export Contracts. 10.1. In the case of export contracts all import duties, charges and assessments shall be paid by the Customer and the obtaining of any necessary export and import licences in respect of the Equipment shall be the sole responsibility of the Customer and Rib-X shall be under no liability whatsoever to the Customer in respect of Equipment exported without the necessary export and import licences.
Export Contracts. 11.18.1 The Borrower shall ensure that each Export Contract that is associated with any Advance shall be in proper legal form under its governing law to ensure that it constitutes a legal, valid and binding obligation of each of the parties thereto under such law, enforceable in accordance with its terms. Each Export Contract shall be in form and substance satisfactory to the Administrative Agent acting on the instructions of the Required Lenders. Each Export Contract shall: (
a) contain irrevocable instructions to pay all proceeds of the Export Contracts into the Collection Account; (b) restrict each party thereto from exercising any right of set-off; (c) contemplate a payment schedule which shall ensure that the proceeds of the Export Contract relating to each Advance will be paid into the Collection Account on or prior to the Principal Payment Date of the Advance to which it applies; and (d) be governed by and construed in accordance with the laws of the State of New York or as agreed in writing by the Required Lenders.
11.18.2 Each Obligor shall duly observe and perform all of the covenants, obligations and conditions which are required to be observed and performed by it in relation to any Export Contract and the Borrower shall pursue all claims against each Eligible Off-taker to which it is entitled under any Export Contract.
11.18.3 The Borrower shall not enter into any amendment, waiver, variation or release of any right or obligation under any Export Contract, or otherwise amend in any manner or terminate any Export Contract without the prior written consent of the Required Lenders (which consent may be withheld in the sole absolute discretion of the Required Lenders).
11.18.4 The Borrower shall as soon as the same becomes available, deliver, or cause to be delivered, to the Administrative Agent (x) the details of any litigation, arbitration or administrative proceedings which are current, threatened or pending in relation to any Export Contract and (y) copies of all documentation delivered to the Borrower which might reasonably be expected to affect the amount to be paid by any Eligible Off-taker or manner of payment pursuant to any Export Contract.
