© Live Ore & Mine Ltd., 2009
General Terms & Conditions of Live Ore & Mine - Ltd.
General: All sales of our goods, present and future are subject exclusively to the following sales conditions even in
an individual case we have not objected to inconsistent purchase conditions of the buyer which conditions are
herewith totally rejected. At the latest by acceptance of our goods, the sales conditions are deemed accepted by
the buyer without reservation even in case of his prior objection to them. Modifications of the sales conditions are
valid only if expressly confirmed by us in advance and in writing and with reference to each individual contract.
Offers: All offers are made without binding effect. The quantity of the goods actually delivered may differ from the
quantity stipulated in the contract by plus/minus 10 percent.
Shipment and delivery: The date stated on the Bill of Lading shall be deemed the actual date of shipment. Part
shipment and change of carrier are permitted. We cannot be held responsible for delayed shipment, especially if
the buyer fails to give timely instructions necessary for the execution of the contract or if he fails to comply with the
agreed terms of payment or if the time of departure of the vessel prescribed by contract is delayed beyond the
specified date or if the necessary documents cannot be obtained in time.
The dates quoted for delivery in our contract forms regularly indicate the anticipated delivery time which will try to
meet. Where, in addition, a definite time for delivery has been expressly fixed in writing and is not met, the buyer
may state to us in writing a reasonable extra time within we are able to perform our part. If we failed to perform
our duty to deliver before the expiration of such period, the buyer may rescind the contract.
If the buyer refuses to accept the delivery after reasonable extra time, we are, without prejudice to our other
claims, entitled to demand a lump sum amounting to up to 15 percent of the purchase price to compensate us for
our costs whereby proof of damage is not required. Such amount will be taken into account when the actual
damages are ascertained.
Insurance: Where a contract was conclude on a c.i.f. basis we will cover the f.p.a. insurance for 110 percent of the
c. & f. value. War and other risks are only covered at the special request of the buyer and at his expense. Any
unforeseen increase, subsequent to the conclusion of the contract, in freight and insurance rates shall be for the
account of the buyer.
Reservation of Title: All goods supplied shall remain our property until the purchase price and all outstanding or
further claims arising out of the business relationship with the buyer have been paid in full.
The buyer has the right to sell the goods purchased under Reservation of Title in the regular course of business on
condition that he meets his contractual obligations towards us. Otherwise we can avail ourselves of the right to
immediately claim the return of the goods purchased under Reservation of Title buyer in so far having no right of
possession. We have then the right, irrespective of the buyer's obligation to pay, to dispose of the goods so
recovered and to credit the buyer with any surplus.
At the same time as buying the goods under Reservation of Title, the buyer assigns to us all claims against his
customers resulting from the resale including all ancillary rights. He is authorized to collect these claims so assigned
to us subject to our right of revocation. Upon being requested by us, he shall notify us of the amount of his claims
as well as the names of the debtors.
When goods purchased under Reservation of Title are processed, we are deemed to be the manufacturers of them
and we shall acquire title to the new goods without the buyer having any claims resulting from this transfer of title.
If the goods are processed together with other materials, we shall acquire joint title to the produced goods in the
proportion the invoice value of the goods under Reservation of Title bears to such value of the other materials. If,
after blending, mixing or combining with other goods, such other goods will be deemed to be the principal thing, we
shall acquire joint title to this thing ratably to the invoice value of the goods purchased under Reservation of Title.
If the value of the securities transferred to us exceeds our total claims against the buyer by more than 20 percent,
we are prepared upon request by the buyer at any time to release the securities to the buyer, the selection being at
Force majeure: In the case delivery of the goods or a part thereof should be delayed or prevented by restrictions
of importation or exportation or other restrictions imposed by government, war, blockade, revolution, strike,
lock-out, riots, lack or abnormal price increase of raw materials or transport facilities, destruction of the goods or
other causes beyond our control, we shall be free from our obligation to deliver for the duration of such hindrance
and a reasonable re-starting period. If it cannot be foreseen that the hindrance will be removed within a reasonable
time, we have the right to rescind the contract wholly or in part. Claims for damages of the buyer are excluded.
Self-supply: The execution of the contract is subject to us being supplied in time.
Liability under Warranties: Claims for recognizable defects, wrong deliveries or substantial differences in quality
have to be notified to us immediately in writing; at the latest within 10 days after the buyer can dispose of the
goods. Hidden defects of the goods have to be notified immediately upon discovery, at the latest within 6 months
after receipt. If the buyer does not notify any defect within this period, the goods are deemed to be approved.
If the goods are defective and the notification is given in time, the buyer has the right, at our discretion, to either
repair of the goods free of charge or replacement, subject to the return to us of the defective goods. If repair or
replacement fails to remedy the deficiency within a reasonable time, the buyer may claim a reduction of the
purchase price, or, as a last resort, rescind the contract. If the buyer carries on a business, the choice will be at our
Payment: If time for payment is exceeded we have the right to claim interest of at least 5 percent above the
discount rate charged by the Central Bank of EU.
If the buyer is out of the time with payment or if there are justified doubts as to the creditworthiness of the buyer,
we are entitled to demand from him immediate payment of all our claims and/or ask for securities even before any
delivery is made and/or stop outstanding deliveries on this or other contracts and/or to rescind existing contracts.
The buyer has a right of set off only in respect of non contested claims or claims confirmed by a non reversible
judgment. He may withhold performance only with regard to claims resulting from the same contract.
Price Change: If during the life of this contract taxes, custom duties or price control orders are imposed in respect
of the goods or if other ancillary costs such as taxes and custom duties which are already included in the purchase
price are increased by fluctuation of the exchange of the exchange rate or similar reasons, we have the right to
increase the purchase price accordingly.
Damages: All claims for damages of the buyer which, for whatever reason, may arise directly or indirectly in
connection with the order, the delivery or the usage of our goods, are basically excluded, unless we have caused
such damages through gross negligence or intentionally.
Place of Performance and Jurisdiction: The place of performance for our deliveries will be the residence place of
Live Ore & Mine Ltd.,Turkey - namely Ankara. Place of performance for all obligations of the buyer will be, at our
The place of venue shall be Ankara for both parties, as far as this is legally possible, or, at our discretion,
namely the place where LOM) resides.
The law of Turkey shall apply.