Delivery Information

Delivery Times and Delays
Delivery of RICE MILL ENGINEERING (CAMBODIA) CO.,LTD. (in the following: "the Company") in relation to enterprises, artificial persons in private and public law will exclusively take place on the basis of the following Delivery / Shipping of Purchase. This also applies, if in the case of a current business relation, there is no explicit reference to these terms.

  • Agreed times of delivery are binding. Meeting the delivery dates is a substantial obligation of Supplier. If delays are to be expected or actually occur, Supplier has to inform the Company in writing immediately without being asked, indicating reason and prospective duration of the delay; the Company’s claims due to the delivery delay remain untouched. Delivery before the agreed upon time is permitted only after previous consent by the Company.
  • In case Supplier fails to deliver, the Company is entitled to its statutory rights. After an appropriate respite with a fruitless outcome, the Company is in particular entitled to require payment for damages instead of Supplier’s delivery and may withdraw from the contract.
  • If Supplier fails to deliver, the Company may require a contractual penalty of 1% of the value of the failed delivery per calendar week in which the respective date is not met, however, to a maximum of 5% of the failed and/or faulty delivery value. the Company may claim the contractual penalty without explicit reservation at acceptance of the delivery up to the time of the final payment. The Company reserves the right to claim payment of damages going beyond the contractual penalty. However, any paid contractual penalties are to be taken into account.
  • Supplier has a right of retention or set-off, insofar a counterclaim is legally established or undisputed.

Delivery, Shipping, Execution

  • As far as necessary, Supplier’s goods are to be provided with CE-marking and an EEC-Declaration of Conformity or an EEC-Installation declaration. Relevant certificates, test certificates, remittance notes and pieces of evidence as well as manuals, operating and assembly instructions, risk analyses or other documentation, being part of the scope of supply, are to be provided free of charge. Certificates of origin of Supplier’s upstream supplier are to be submitted to the Company on request. Costs of a late dispatching due to late or faulty documentation will go to Supplier’s account. Until the complete, required documentation is received, the goods will be stored at the Company’s at the expense and risk of Supplier.
  • Supplier is obligated to inform the Company in writing, if the goods are not unrestrictedly suitable for the use as stated in the contract or if special safety regulations must be observed when handling them, and/or if health, safety or environmental risks may occur during use.
  • Supplier has to notify changes he made to the goods before the delivery. The same applies if Supplier buys the goods or parts of it from a third party and this third party makes changes that are noticed by Supplier. If Supplier intends to stop production or supply, he also has to notify the Company.
  • Shipping instructions of the Company, insofar available, are to be kept. On forwarding notes, waybills and package notes, order numbers, order dates with specified gross and net weight of each individual parcel must be stated, and, if so stated in the order, the consignees are to be indicated. The packing notes and shipment itself should also contain this information. In case of parts delivery, the individual types of parts must be packed separately and be marked clearly with the associated part number. Damages due to improper packing go to the account of Supplier.
  • In case Supplier or one of his subcontractors needs to work on the factory premises of the Company to execute the order, factory regulations are to be kept. The existing regulations for entering and leaving the manufacturing plant are to be kept.

Passage of Risk, Delivery, Rights of Ownership

  • Unless otherwise agreed, the Company is only obliged to accept work rendered delivery. the Company may declare acceptance up to 6 weeks after announcement of the completion of the delivery by Supplier. the Company is not obligated to take delivery of single parts of the work.
  • The Company has the right to refuse acceptance of an unsatisfactory delivery. In all other respects the Company’s obligations conform to legal regulations.
  • Independently of the agreed upon quotation, the risk passes on to the Company in case of delivery without setting up or assembling upon receipt and confirmation at the Company’s delivery address and in case of setting up or assembling upon successful final check by the Company. The start-up or use do not replace the acceptance declaration of the Company.
  • Upon delivery, the goods become property of the Company. If a retention of title is agreed upon in favor of Supplier, at first it will serve as a simple retention of title; however, regardless of the retention of title, at any time the Company has the right to use the goods in the context of the usual course of business, to process and/or assign as well transfer the property of the goods to a third party, even if this would result in nullification of the retention of title.