This Agreement shall be deemed to have been entered into by the parties in the State of Queensland and any legal action concerning the terms, conditions and provisions of this Agreement shall be subject to the jurisdiction of the courts of the State of Queensland. I. General (1) These General Terms and Conditions of Sale and Delivery (the “Terms” or this “Contract”) automatically apply to and form part of any contract for the purchase of equipment from Tronox (the “Seller”). No agreed addition, modification, addition or cancellation of the terms and conditions of this contract binds the parties, unless they are reduced in writing and signed by or on behalf of the parties. Any modification of these conditions is only effective if it has been reduced in writing and signed by both parties. The provisions of these conditions therefore prevail over all other conditions of sale between the parties. (2) “parties” means the buyer and seller, and “party” means each of them, as the context is required. The term seller used in this contract covers all companies that are of direct or indirect interest to the seller of fifty percent (50%) or more. 3. The term “Special Conditions” refers to the content of the coverage of this Agreement, which contains details of a modification of this Agreement and/or any changes agreed between the Parties. Accordingly, the content of the Special Conditions replaces the general conditions contained therein. 4. This contract, in conjunction with the special conditions, constitutes the only agreement between the parties with regard to the subject matter of the contract.
Neither party is bound by any provisions, assurances, warranties, promises or otherwise, express, implied or implied, which are not registered therein. This Agreement supersedes and supersedes all prior obligations, obligations or warranties, whether oral or written, between the parties with respect to the subject matter of the Contract. 5. If the seller agrees in writing to an addition or modification of the conditions, the other conditions shall not be affected and the buyer shall not be entitled to deduct any rights from such a supplement or modification in a subsequent contract or other legal relationship. (6) The titles appearing in these conditions are contained in the comfort of reference and have no influence on their design or design. 7. Any electronic communication between the Seller and the Buyer shall be considered “written” and/or “in writing”. The electronic communication system used by the seller serves as the sole proof of the content and date of delivery and receipt of such electronic communications. 8. Any reference to the day, month or year is considered a Gregorian calendar day, month or year.
A credit for the return of the products is only taken into account if the goods are in good condition and returned to the factory within fourteen calendar days of purchase, at the same time as the original invoice. Products handled cannot be returned against credit. All products returned to credit after consultation with the seller are subject to a refund tax of 10% (10%) of the invoice value. The seller reserves the right at any time to own all reusable pallets used for the delivery of the goods and the purchase compensates the seller for the full price of new pallets with regard to reusable pallets that are not returned or returned or exchanged in good condition within 30 days of delivery of the goods. XII. Applicable law, interpretation of the commercial conditions (1) The rights and obligations of the parties arising out of or related to the contract and these conditions are governed by South African law OR the law of Western Australia, the law of the place of registration of the seller of the material being applicable. . .