Supplying Plant Entered Incompatible With Vendor In Agreement
// 10 октября 2021 // Без рубрики
In the event of force majeure, the provisions of paragraph 6 of these General Terms and Conditions shall apply to the suspension of the performance of obligations or the termination of the contract. 9.1 Axia is entitled to suspend the performance of its obligations or to terminate all or part of the contract if: 7.2 The goods delivered by Axia, which are subject to retention of title in accordance with paragraph 1 of this clause, can be used by the counterparty in the ordinary course of business. As long as ownership of the delivered goods has not been transferred, all plants and fruits of such plants raised from such products are the property of Axia and the counterparty will retain ownership of such plants and fruits for Axia. When ownership of the delivered goods is transferred to the counterparty, ownership of the aforementioned plants and fruits is also transferred to the counterparty. 8.5 Axia may refuse a payment offer without delay if the counterparty indicates a different order for the award of the payment. Axia may refuse the full repayment of the principal if the payment of interest on the overdue amounts, accrued interest and recovery costs is not made simultaneously. 14.2 All disputes concerning and/or concerning the interpretation and/or performance of the Treaty shall be submitted to the Court of The Hague, The Netherlands, after initial consultation with the parties. 14.3 The applicability of the “United Nations Convention on Contracts for International Sale” is expressly excluded. 12.7 If the counterparty does not report within the time limits provided for in this clause, its complaint will not be dealt with and its rights shall be extinguished. 4.4 If, for any reason, Axia is unable to deliver, Axia has the right to deliver, as far as possible, in relation to the quantity ordered or other similar alternatives, or, if the counterparty does not agree with the above, to cancel the order. The counterparty is not entitled to any compensation in any of these cases. 4.5 Axia is free to choose the method of shipment and packaging of the goods to be delivered, unless otherwise agreed in writing with the counterparty.
1.2 The applicability of any condition of purchase of the counterparty (hereinafter referred to as “counterparty”) is expressly excluded. . . .