Terms and Conditions of Sale – ITB Invest (Pellpine)
1. Introduction and Agreement
These Terms and Conditions (“Terms”) govern the sale and supply of wood pellets and related biomass products (“Products”) by ITB Invest (Pellpine) (“we,” “us,” “our,” “the Company”) to you (“the Buyer,” “you,” “your”). By placing an order with us, you confirm that you have read, understood, and agree to be legally bound by these Terms. These Terms constitute the entire agreement between the Company and the Buyer.
2. Product Information & Specifications
2.1. All Products supplied by ITB Invest (Pellpine) will conform to the specifications (e.g., moisture content, ash content, calorific value, diameter) as detailed in the product data sheet or as explicitly stated in the order confirmation.
2.2. Product images, descriptions, and specifications on our website or marketing materials are for illustrative purposes and may be subject to minor variations that do not materially affect quality.
2.3. We reserve the right to make minor changes to the Product specifications to comply with regulatory requirements or to implement technical improvements.
3. Quotations, Orders, and Pricing
3.1. All quotations provided by the Company are valid for a period of 30 days from the date of issue, unless otherwise stated.
3.2. A contract for sale (“Contract”) is formed only when we issue a written Order Confirmation to you. We reserve the right to accept or decline any order at our discretion.
3.3. Prices are quoted in [e.g., US Dollars, Euros] and are exclusive of any applicable taxes, duties, shipping, handling, and insurance costs, which will be clearly itemized and borne by the Buyer as outlined in the Order Confirmation.
4. Delivery, Shipping, and Risk
4.1. Stated delivery dates are estimates only. Time is not of the essence for delivery, and we are not liable for any delays caused by circumstances beyond our reasonable control, including but not limited to weather, acts of government, labor disputes, or supplier failures (Force Majeure Events).
4.2. The risk of loss or damage to the Products shall pass to the Buyer upon delivery to the carrier or at the point the Products are made available to the Buyer at our facility, as specified in the Contract (e.g., FCA Incoterms 2020).
4.3. The Buyer is responsible for ensuring safe and appropriate access to the delivery site. Any additional costs incurred due to inadequate access or failed delivery attempts will be charged to the Buyer.
5. Payment Terms
5.1. Unless otherwise agreed in writing, payment terms are as follows:
* For new customers: A [e.g., 50%] deposit is required upon order confirmation, with the balance due before shipment.
* For established customers: Net [e.g., 30 days] from the date of invoice.
5.2. Late payments shall bear interest at a rate of [e.g., 1.5%] per month on the outstanding balance.
6. Title, Inspection, and Acceptance
6.1. Legal title to the Products shall not pass to the Buyer until the Company has received payment in full.
6.2. The Buyer must inspect the Products upon receipt. Any claims for short delivery, visible damage, or non-conformity with the order must be notified to us in writing within [e.g., 48 hours] of delivery. Failure to provide such notice will be deemed as acceptance of the Products.
7. Warranty and Limitation of Liability
7.1. Warranty: We warrant that our wood pellets will, at the time of delivery, conform to their agreed specifications. This warranty is exclusive and in lieu of all other warranties, express or implied.
7.2. Limitation of Liability: Our total aggregate liability to you, whether in contract, tort (including negligence), or otherwise, shall under no circumstances exceed the total purchase price of the Products in the relevant order.
7.3. Exclusion: We shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, production, or business opportunity, arising from the supply or use of our Products.
8. Storage and Proper Use
The Buyer is solely responsible for the proper storage of the Products in a dry, covered, and well-ventilated area. The Company is not liable for any degradation in Product quality (such as increased moisture content or disintegration) resulting from the Buyer’s failure to store the Products correctly after delivery.
9. Governing Law and Dispute Resolution
These Terms and any Contract formed under them shall be governed by and construed in accordance with the laws of [e.g., the State of New York, United States]. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in [e.g., New York County, New York].
10. General Provisions
10.1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
10.2. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Contact Information:
ITB Invest (Pellpine) Ltd.
Onisshchuka 11 30300, Izyaslav Ukraine
sales@pellpine.com