Terms of trade
HMS Group Hamzeh Shawish Ek. Marburger str 27b, Herborn 35745
Our terms of trade are set out below. They govern our business & trade relationship with our customers and should be read carefully, these terms considered read and approved once customer order a shipment.
Application of terms of trade:
- These terms apply to all trade and transactions in between HMS Group Hamzeh Shawish Ek. and Customer. These terms are effective from the above date until these Terms of trade are replaced by another document.
- HMS refers to HMS Group Hamzeh Shawish Ek. As a seller or mediator.
- Customer or Buyer refers to any buyer from HMS Group for any kind of goods or services,direct or indirect.
- Third party refers to the manufactory of the goods or any mediator who sell such a kind of goods.
- Products or goods all kinds of products or goods that sold by HMS to any buyer, these products or goods is a B class goods which might contains any kind of default or consider as defective products.
- (B Grade / Second choice products) are Defective or faulty Product which has an imperfection in a product that has a manufacturing or design defect, or expired, or is faulty because of inadequate instructions or warnings. But even some or all those products are in a defective condition it doesn’t affect or being harmful to the user or consumer who purchases the product.
Term of trade General points :
- All Products and Services provided by HMS Group go through a third party which are Factories or their representatives.
- B Grade Stock lots (The Second Choice) are Products that have some failures in one or more Product Features, for example:
- i. B Grade Baby Diapers could have one or more of the following Faults: Colour might be different of its original look, the Absorption efficiency could be effected, the Sizes of Diapers might be different of the original size of Diapers , Some of Diapers could have an Expiry Date and its could be Expired but you can still use it , some of Diapers could be torn or Damaged by Pressing , some Parts of the Diapers could be unavailable like Tapes or Elastic Velcro, it could be connected together like a rope, it could have Issues in fluff back sheet , it could be smudged or it can be all white , Packaging of Bales could be Damaged or not well packed , some or all Barcodes might be missed , some foil of bales might be torn or the bales it itself has no foil at all, Diapers might be dirty from some weather or packaging factor
- B Grade Wall Paper could have one or more of the following Faults: Colours, Length of roll, Width of roll, Texture, Pattern or Thickness of Roll might be different of its original look
- HMS Group has no responsibility regarding any Natural Disaster and weather conditions which can affect the shipping of the orders
- All Prices are quoted Euro and it is Net Prices Ex-Works Factory where the Products has been Produced.
- For All European Countries Customer must Support us with a Valid VAT Tax No. and VAT might Apply if the Customer can’t supply us with this VAT no. Within 3 working days of his Shipment and 100% advanced payment is requested as the delivery will be done by land transport
- Sales to any German Companies are Subject to 19% VAT Tax
- All Prices Offered Based on 40 Feet HQ Container, we can call later MOQ (minimum Order Quantity), Prices can be Changed if the Customer can’t comply with our MOQ
- Offers are valid for 2 weeks of the date of the Proforma invoice
- Payment terms: 50% in advance, 50 % against Draft of BL or Maximum 14 Days after loading the container
- We do Accept Bank Transfers and cash in our company head quarter, unfortunately we don’t accept any Western union, Ria, MoneyGram or LCs (letter of credit)
- For any delay of Payment Hms Group has the right to bring Back the Container/s and all extra cost will be on behalf the Customer and He will lose the 50% advance Payment as a result,
- Delivery of Confirmed order can be done up to 60 days of the date of the advance Payment and depends on the products availability , once HMS Group cant supply His customer with the confirmed Order , Hms Group is obligated to send back the Advance payment to his Customer without any extra Costs , and HMS Group is un responsible of any costs or damages occurred by delay or cancelling the order from HMS group side.
- Shipping Will be Through one of our Shipping Agents or Shipping lines and customer Can’t Ship by himself or His Shipping Agent
- Some Countries has special requirements or Documentation for example:
- Angola Need CNCA,
- Togo ETCN,
- Cameroon SGS,
- Ghana CTN
- South Africa Euro1 Etc. Customer should inform us of any special documentation or requirements before we ship the container/s
- HMS Group retains ownership of the Products until full payment and HMS Group representative have rights to enter the buyer's premises and repossess the goods if we don’t receive full payment. when the goods have been mixed or sold, these rights will still apply if the proceeds can be traced.
- Some of the Products has Copy rights and should be absolutely sold outside Europe
- Loading Place can be different from the origin of the Product and done without any prior notification, in addition Partial shipments are allowed
- B Grade business Couldn’t give any Guarantee for any requested Order, sizes, colours, Quantities brands and the features of the product may vary without any prior notification,
- Customer should sign the Proforma invoice and send it back as confirmation for the order, but an advance Payment is considered as a confirmation of the Proforma invoice without signing it.
- In the event of a disagreement or dispute between the parties (HMS Group and their customers) concerning the interpretation or implementation of the terms of this term of trade, it shall be resolved amicably. In case of failure, the matter shall be referred to the competent judicial authorities.
- All Terms, Trades, agreements between HMS and Buyer govern by German Law & the court of Amtsgericht in Wetzlar is the competent court to resolve any dispute or resolution.
- I (the buyer) have read all terms and conditions, and I knew that the products might contains a fault(s) or consider as Defective Product and I agree and approve my knowledge of containing these default(s), and I waive about any responsibility cause by the seller (HMS) regarding to this default or any other kind of missing ], shortage or default cause by HMS, Direct or indirect. All these terms are accepted and approved by confirming the terms and the order itself in what’s app or email at the same time an advanced payment considered as a confirmation for our terms and the order.