general conditions

when ordering with Naya Nayon

Article 1. Definitions

Artes Saquíl s.a. is a limited company, based in Quito.

Article 2. Validity

These general conditions in English are a translation of the Spanish 'Condiciones generales de compra-venta de Artes Saquíl s.a.', which can be found on es/info/condiciones.htm. These general conditions in English are offered for convenience to not-Spanish speaking buyers.
In case of vagueness of these General Conditions the Spanish version will prevail.

These General Conditions apply to all our offers, tenders, contracts, deliveries and payments. General conditions of the buyer are not being accepted by Artes Saquíl s.a. and do not apply.

Article 3. Catalogues

Products, services and prices offered by Artes Saquíl in its catalogues are always subject to change. No rights will be conferred to the content of the catalogs of Artes Saquíl or other communications.

Article 4. Offers

All offers to clients have a validity of fourteen days.

Article 5. Product description

For all products of Artes Saquíl and in particular the crafts products, applies that the descriptions are approximate and/or denote the average. It is understood that the buyer will accept reasonable deviations in design, seize, pattern from the product description or image.

Article 6. Prices

All prices are in United States Dollars (usd), unless clearly stated otherwise.

All prices mentioned by Artes Saquíl s.a. are EXW Quito and do not include VAT or any other tax. If taxes or other levies are being imposed by the authorities, will this lead to proportional adjustment of the prices.

Transportation offer by sea and air freight are according Cost & Freight (CFR 2000) to the port nearest to the buyer, unless otherwise stated on the offer.
The transportation costs depend on the weight, on fuel, security and other surcharges or taxes and availability of the carrier, the actual transportation may not be known until the moment of shipping. Therefore transportation price mentioned in offers are always estimations. The buyer accepts reasonable deviation from the transportation price in the offer.

Article 7. The agreement

An agreement between buyer and Artes Saquíl will be effectuated after reception by Artes Saquíl of the returned confirmation of order, which has been signed by buyer.

Article 8. Postponement and dissolution

In case of dissolution of the agreement by buyer before delivery of the products, the buyer owes part or the whole of the agreed price of the products according to the following: if the total price of the products (EXW Quito) is one hundred dollar or less, the total price; if the total price (EXW Quito) is more than one hundred dollars than the buyer owes 25% if the dissolution occurs before Artes Saquíl has made obligations or payments to its suppliers with respect to the agreement; the buyer owes 50% if dissolution occurs after Artes Saquíl has made payments or other obligations for the products but before the products has been shipped to the buyer; the buyer owes 100% of the total price (EXW Quito and handling, shipping and any other costs) if (part of) the products have been shipped from Artes Saquíl to the buyer, where transport from Artes Saquíl to the airport or harbor is included.

Impediment of execution of the agreement by act of God, authorizes Artes Saquíl without mediation to either postpone the execution of the agreement or dissolve the agreement, partly or completely, without any obligation to compensation.

Article 9. Acts of God

Acts of God are all situations that independent of the free will of Artes Saquíl - even if they could have been foreseen at the time of signing the agreement- that impede the fulfillment of the agreement, be it lasting or temporal, as are war, riots, strike, blockades, complication of transport, natural disasters, fire and other grave failures in the company of Artes Saquíl or her suppliers. Artes Saquíl will notify the buyer the soonest of such circumstances.

Artes Saquíl is not liable if she cannot fulfill the agreement either partly or completely through acts of God. Artes Saquíl is allowed to claim payment for the services delivered while executing the agreement before the act of God occurred.

Article 10. Delivery

Artes Saquíl will do every reasonable effort to comply with the agreed delivery time. However the delivery time is never an absolute period, but an estimation. Therefore Artes Saquíl s.a. can never be hold liable for damage occurred because of delay in delivery.

Article 11. Complaints

Complaints have to be filed by certified mail within two days after reception of the products. The buyer who does not complain within two days after reception of the goods is regarded to have checked the goods upon their reliability and have accepted them.

As soon as buyer or a third has used or damaged the goods or part of them, it is assumed that the delivery has been accepted and no complaints can be filed afterwards.

When buyer does not complain the bill within two days after reception by certified mail, it is assumed that buyer has accepted the bill and no complaints can be filed afterwards.

Complaints do not constitute the right to postpone or deduct payments.

Article 12. Ownership and risk of the goods

Goods sold by Artes Saquíl remain her property until the cost price and other possible costs have been paid by buyer.
Nonetheless all risks on the goods from the moment of shipping from Ecuador are buyer's.

Article 13. Payments

Prepayments have to take place within five days after confirmation and signing the agreement. Remaining payments have to take place within five days of arrival and release of the goods by customs or within five days after reception of the goods by buyer, whichever applies or happens first.

All payments have to been settled without any deduction at the office of Artes Saquíl or an account appointed by her.
In case Artes Saquíl has doubts about the fulfillment of the buyer's obligations with respect to payments, Artes Saquíl is allowed to claim immediate payment.

Any costs associated with payments are at the expense of buyer.

In case of delay of payment by buyer, he loses all his rights to the delivered goods and buyer will be in omission with any further proof of default. In such case buyer is owing a weekly interest of 1% on the due sum and buyer is obliged to pay all judicial and other costs associated with cashing the due sum.

Article 14. Liability

Artes Saquíl does not carry liability for any damage, either direct, indirect or corollary damage as result of the goods delivered by her or by unauthorized deed toward buyer.

As Artes Saquíl cannot verify whether its products and services comply with legislation of buyer's country, the buyer accepts its own responsibility to do so.

As Artes Saquíl depends in her activities on the collaboration, services and deliveries of third parties, Artes Saquíl cannot be held responsible in any way for any damage caused by such relationship of Artes Saquíl with third parties or the breaking of such relationships, regardless whether the damage occurs or becomes evident during its relationship with Artes Saquíl.

Buyer preserves Artes Saquíl from any claims that third parties may issue with respect to the goods delivered to buyer. Buyer is liable for all damage that Artes Saquíl may have resulting from shortcoming from part of the buyer with respect to the obligations arising from the agreement and this general conditions.
Furthermore Artes Saquíl will, in case she is found liable for damage or other disadvantage, and obliged to compensation, never be obliged to more than the cost price of the delivered goods.

Article 15. Shipping

Shipping from the office or warehouse of Artes Saquíl in Quito is always at the expense and risk of buyer.

In case Artes Saquíl organizes shipment for buyer, the shipment conditions are CFR (cost & freight according to the Incoterms 2000), unless clearly stated otherwise.

Furthermore Artes Saquíl will, in case she is found liable for damage or other disadvantage, and obliged to compensation, never be obliged to more than the cost price of the delivered goods.

Article 16. Dispute and competence

On all offers, orders and agreements done under these general conditions apply by exclusion the Equadorian legislation. Disputes will be presented the Commission of Disputes (Comisión de Arbitraje) of the Chamber of Small Industries of the province of Pichincha (Cámara de la Pequeña Industría de Pichincha) in Quito, Equador.

Artes Saquíl is authorized to address the court in the residence or country of buyer to demand fulfillment of buyer's obligations.

ref: 1106.05 (update 2005.03.04)

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