8.3The Supplier warrants that the Product which shall be delivered to the
Purchaser hereunder shall be in accordance with agreed attached specifications
to this agreement.
8.4The Purchaser shall notify the Supplier of any claims in respect to the quality
and quantity of the Products delivered. Notice of such claim shall be made in
writing within three (3) working days of the receipt of the Products.
8.5The Supplier having received the written notice pursuant to Sub-Section 8.4
herein above shall have 7 working days to examine the products at the location as
indicated by the Purchaser in respect of which the notice was received.
8.6In the event that the claim subject matter of the notice was found affirmative
by the examination, the Parties shall settle and agree amicably to substitute
products that are not in conformity with the specification to complete the ordered
quantity or to reftind of the amount of such order / quantity.
8.7 if,on any day commencing from and after the date of commencement of
production,the hydrochloric acid stocks in the silos determined exceed the limits
as a direct consequence of the buyer failing to lift H.C.L. in accordance with
monthly lifting schedule,the seller may on any such day exercise any or all of the
following options in its absolute discretion:
A- if hydrochloric acid stock exceed 1000 ton the supplier has the right to
sell the stock to third parties until the stock fall below 1000 ton and if the sales
price to the third party was less than agreed price per ton the purchaser should
compensate the supplier for the difference of the sales price between the price
agreed upon and the sales price to third parties.
9. Final Provisions
9.1 The provisions of this Agreement shall except otherwise provided herein, inure
to the benefit of and be binding upon the Parties hereto and their respective
executors, administrators successors and assigns and each and every person so
bound shall make, execute and deliver all documents necessary to carry out this
Agreement.
9.2This Agreement constitutes the entire agreement between the Parties with
respect to the subject matter hereof and the transactions herein contemplated and
replaces all previous agreements and understandings, if any, between the Parties.
9.3Anv notice to be given under this Agreement shall be in writing and delivered,
faxed or mailed by registered mail addressed to the Party to whom it is to be given
at the address herein above mentioned and such notice shall be deerpedTQ have
day after mailing as aforesaid, as the case maybe shall be of the essence of this
Agreement.
9.4If any provision of this Agreement shall be hold invalid or unenforceable in
any jurisdiction, such invalidity of unenforceability shall apply only to such
provision and the remaining provisions of the Agreement shall remain valid.
9.5Except as provided herein, failure on the part of any Party, in any or more
instance, to insist upon keeping performance or observation of any of the terms of
conditions or provisions of this Agreement or to exercise any right or privilege
herein conferred, shall not be construed as relinquishment of the Party's right to
require the same in the future.
9.6This Agreement shall not be assigned by one Party except with the written
consent of the other. However, wither Party may assign this Agreement to a
holding, affiliate or subsidiary provided that such hold, affiliate or subsidiary shall
not assign the Agreement thereafter.
9.7This Agreement is made in two original in English language each Party
holding an original. The Parties hereto agreed that all disputes shall be settled
amicably, and failure to reach to a settlement the Parties shall refer the dispute to
the Arbitration rules in the Chamber of Commerce - Jeddah, Saudi Arabia and the
applicable law shall be the Saudi Arbitration Act.
In witness whereof, the Parties to this Agreement has caused it be executed at Amman on
the date indicated above. '
Supplier: Purchaser:
Yanbu Specialized Chemical Plant (YASCP) International techno chemical co.
Reoresented bv: ReDresented bv: