General Terms Conditions For Goods Purchase-Sale Contract
General Terms Conditions For Goods Purchase-Sale Contract
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2. By signing the Contract, the Buyer confirms that he has inspected the Goods, evaluated the state and quality thereof
in a due manner, the Goods satisfy the Buyer’s needs and the latter has no claims to the Seller regarding the state and/or
quality of the Goods, and will not file any claims in the future.
Article 6. RESPONSIBILITY
1. In case the Buyer defaults on or is unable to perform under the Contract according to the terms and the procedure
agreed upon therein, the Seller shall have the right to unilaterally suspend the provision of the services related to sale of the
Goods, the process of transfer of the Goods over to the Buyer or shipment thereof out of the Seller’s territory, or to
terminate the Contract by notifying the Buyer thereof. In such case, the Buyer shall indemnify for the losses incurred by the
Seller due to such suspension or termination of the sale, including compensation of the price difference resulting from sale
of the Goods to another buyer.
2. In case the Buyer fails to collect the Goods and/or to pay for such in time, the Buyer shall pay default interest to the
Seller. The rate of the default interest shall be 0.2 (zero point two) percent of the price of the non-collected Goods or of the
outstanding amount due for the Goods (in case of both, the default interest shall be based on the higher one) for each day of
delay. The loss incurred by the Seller as a result of a breach on the Buyer’s side, to the extent such are not covered by the
default interest, shall be indemnified by the Buyer.
3. The Seller shall in no case be liable for: (i) the Buyer’s losses resulting through no fault on the Seller’s side; (ii)
accidental or non-accidental damage caused to the Goods after transfer thereof over to the Buyer according to Article 3 of
GTS; (iii) damage caused by the Goods to third parties after such have been transferred over to the Buyer.
4. In case the Buyer terminates the Contract through no fault on the Seller’s side, the Buyer shall, at the Seller’ option,
pay the Seller the default interest (if applicable) at the rate specified in Item 2 of the present Article, or 10 percent of the
Contract price. In addition, the Buyer shall compensate for the losses incurred by the Seller due to termination of the
Contract to the extent such are not covered by the default interest specified in this Article.
5. In case the Buyer defaults on the liabilities provided for in Items 2-3 of Article 10 of GTC, the Buyer shall pay the
Seller a penalty in the amount of 3 percent of the Contract price, once requested by the Seller. This provision shall be
without prejudice to the Seller’s right to claim compensation for damages under the general principles of indemnification.
6. Payment of penalties and/or compensation for losses shall not release the Buyer from the liabilities under the
Contract.
Article 8. MISCELLANEOUS
1. The Buyer shall not assign the Contract or a part thereof to any third party without prior written consent given
thereto by the Seller.
2. The Buyer shall immediately notify the Sell of the circumstances hindering him from collection of the Goods
according to the terms established in the Contract. Such notification shall not release the Buyer from the obligations
stipulated in the Contract.
3. The Buyer shall undertake to hold the Seller harmless from all and any potential claims rising in relation to
performance under the Contract. In case a third party declares that the Goods delivered by the Seller to the Buyer violate
the party’s rights, the Buyer shall hold the Seller harmless from such action and/or claim at the Buyer’s expense, cover all
the expenses, losses and remunerations to lawyers, representatives and other persons. Where any such claims have been
filed or are likely to be filed, the Buyer shall immediately inform the Seller thereon.
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of Force Majeure Circumstances, as approved with Resolution No. 840 as of 15 July 1996 by the Government of the
Republic of Lithuania. The circumstances shall be documented as required under the above legal acts.
2. A Party shall notify the other Party of force majeure circumstances in writing right after their occurrence, however,
within the period of 3 business days. The circumstances provided for in the notification shall be approved with a certificate
issued by a competent institution.
3. If force majeure circumstances last for more than 3 months, either of the Parties shall be entitled to terminate the
Contract by giving written notice thereof to the other Party.