Terms and Conditions
Please be aware that the item on this RFQ will be sourced from the specified OEM........ As we are the Exclusive partner for Angola, Nigeria and West Africa, we can serve you better by meeting your delivery schedule. Any of our OEM Products offered for sale or quoted without Gem Petrol Chemical’s approval is unauthorized and might be an attempt to breach by way of tortious interference our contract and market rights.
This offer is based on our conditions of sale, which is available on request. Additional information received after the submission date of this offer may require a technical and commercial review and subsequent revision or withdrawal of our offer.
NOTE - Price in this quotation is based on a total of all items and quantities as specified. Any amendment may constitute a price review.
Please note our minimum order value is $2,500.00USD for total un-packed ex-works.
Standard issue certification / documentation:-
a) Material Certificate will be provided where applicable to OEM quoted.
b) Certificate of conformity will be provided where applicable to OEM quoted confirming that the goods have been supplied to the customer’s agreed purchase order requirements.
Packing Specification
The above items will be packed in cases suitable for the consignment.
DDP- Delivery Schedule:-
Delivery DDP will vary between 14 to 18 weeks (with the exception of materials of higher grade requiring a longer production period) from the date of our receipt of your official Purchase Order at Gem’s Lagos office and all necessaryinformation required to execute the Purchase Order.
Prices:-
All prices have been based on the supply of equipment according to all the information available to us at the time of quoting and reserved normally for special long-term stocking agreements, and on the qualifications given in this quotation. Changes to, or added, specifications not known to us may necessitate a review or re-quote.
Materials listed are available at time of quotation; however, we reserve the right to use equivalent or better, if at the time of an order the originals are no longer available.
Any excessive time costs caused by inspectors / inspection authorities may incur an additional cost.
Terms of Payment & Procurement:-
Payment Upfront
Processing of Orders:
Order values less than $2,500.00 will attract a surcharge to cover the minimum cost of the handling of the orders.
• Cancellation of orders will attract the following fees.
• Cancellation after verification of order by OEM: 70% of value of items ordered.
• Cancellation after commencement of production: 100% of value of items ordered.
• Cancellation after shipment: 100% of value of items ordered plus all costs thereto.
Validity:-
This quotation is valid for the period of OEM price validity or a period of 30 days (whichever comes first) from date of issue. If not accepted within this period, we reserve the right to revise or withdraw our offer.
Inspection; Testing; Acceptance:-
Any inspection by Buyer of Products on Seller’s premises shall be scheduled in advance and performed during normal business hours or during item collection. If inspection is to take place at manufacturer’s facility, Seller shall notify Buyer when such testing will occur prior to shipment.
Any excessive time costs caused by inspectors / inspection authorities may incur an additional cost.
Country of Origin/Shipping Point:-
All equipment would be designed and manufactured in the designated OEM country of Origin and would be dispatched upon completion from the same country.
Compliance Permits:-
Buyer assumes responsibility for use of Products in accordance with the manufacturer’s instructions and in compliance with safety standards and regulations in the location to which the Products are shipped by or on instruction of Buyer. Buyer represents and warrants that the Products will not be used in or in connection with a nuclear facility or application without prior written notice by Buyer, at the time of order entry, of its intention to utilize or sell and deliver Products for such application.
In the event of use or sales of Products by Buyer for such applications, Buyer shall defend, indemnify and hold Seller harmless from and against any and all claims, actions, damages and costs, including without limitation reasonable attorney’s fees arising as of a result of, or relating in any way to any “nuclear incident”, as that term is defined in the Atomic Energy Act of 1954, as amended, involving Seller’s Products, and including particularly, but without limitation, claims of joint liability of Buyer and Seller and/or Seller’s Products, but not including any such claim, action, damage or cost alleged to have arisen as a result of the sole negligence or intentional misconduct of Seller. Buyer is responsible for obtaining, at its cost and expense, any and all necessary licenses and permits for transportation, installation and use of Products.
Seller shall comply with all applicable laws, rules, regulations, decrees and/or official governmental orders referenced in this Purchase Order or applicable to the performance of Seller’s obligations under this Purchase Order, including without limitation to US anti-boycott laws and regulations and US and applicable international export control, customs regulations and sanctions laws, and shall not, directly or indirectly, involve or supply Goods or Equipment or other items that have been manufactured, originated, transshipped (including a stop in port), transported, or otherwise supplied by (i) any country or region subject to comprehensive sanctions applicable to Buyer, now or in the future, including currently Cuba, Iran, North Korea, Sudan, Syria and the Crimea region of Ukraine; (ii) any entity known to be headquartered in, or owned or controlled by a national of such countries; or (iii) any other individual or entity identified on a denied or restricted party list applicable to Buyer.
Without limiting the foregoing, Seller represents that it has obtained all licenses and authorizations necessary to export or re-export goods, technology or services under the Purchase Order to Buyer or to the ultimate end user as identified by Buyer to Seller.
Alteration or by other act or omission of Buyer or accidental occurrence in respect of any Product.
Drawings:-
Any drawings, documents, specifications or written materials developed or provided by Seller shall remain the property of Seller.
Warranty:-
Warranty of Products is only by the manufacturer thereof, and Seller shall assign to Buyer any warranty by such manufacturer. Sales are without warranty by Seller, including without warranty of merchantability or fitness for purpose, except that Seller warrants that Products assembled by Seller are free of defects in assembly workmanship by Seller for a period of twelve (12) months from date of shipment. The manufacturer’s warranty of any components included in an assembled Product shall be assigned by Seller to Buyer.
Limitation of Liability: -
Seller shall not, in any event, be liable for any loss, damage, or expense caused or increased by any failure on Buyer’s part to conform to a Product manufacturer’s, supplier’s, or Seller’s specifications or instructions, or by any misuse, abuse, improper application, installation or alteration or by other act or omission of Buyer or accidental occurrence in respect of any Product.
Conflict Minerals:-
Manufacturer represents, warrants and covenants that, to their knowledge after reasonable investigation, the goods are, and upon delivery will be, DRC Conflict Free (as such term is defined in the US Securities Exchange Act of 1934, as amended by Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the related rules and regulations of the US Securities and Exchange Commission).
Seller shall promptly notify Buyer in writing in the event that Seller is or becomes aware of any reason to believe that the goods are not DRC Conflict Free.To the extent manufacturer advises that they procure columbite-tantalite (coltan), cassiterite, gold, wolframite, tin, tantalum, tungsten or their derivatives, from a smelter or refiner for incorporation into the goods, Seller represents, warrants and covenants that such materials shall be procured solely from one or more of the smelters or refiners appearing on the applicable compliant smelter and refiner list available at www.conflictfreesmelter.org.
Force Majeure:-
If the performance by Seller of its obligations under this Agreement is prevented, restricted or impaired, directly or indirectly, by act of God, or by fire or other casualty or accident, strikes or labor disputes, inability to procure goods, power or supplies from usual sources, war or violence, pandemic or epidemic, or any law, order, proclamation, ordinance, demand or requirement of any governmental or regulatory authority, or any other cause beyond the reasonable control of Seller ("force majeure"), then Seller shall promptly give written notice thereof to Buyer, setting forth the date and nature of the event of force majeure, whereupon Seller’s performance hereunder shall be suspended and the time for such performance extended for a period equal to the period of delay.
Export Control:-
Buyer represents and warrants that the Products and Services provided hereunder and any end product thereof is intended for civil use only and will not be used, directly or indirectly, for the production of chemical or biological weapons or of precursor chemicals for such weapons, or for any direct or indirect nuclear end use, Buyer agrees not to disclose, use, export or re-export, directly or indirectly, any information provided by Seller.
Malachi Mark Udensi BA (Hons), PG(Dip), MBA, PhD, ACMI
Managing Partner
Gem Petrol Chemical Co (Nig) Ltd (Exclusive Distributors for Pipeline Engineering, Cofimco, Circle Seal, GO Regulator, PBV, DSI, ABZ, Quadrant, Mallard, Hydroseal, Oliver and Oliver Twinsafe Valves, Multiplex Engineering, Hoke(Gyrolok), MF Gauge, CDI,Tubos Reunidos, Idrosapians, Subsea Energy Solutions, Grayloc Products, Atkomatic Solenoid Valves, Dovianus BV, Texas Instruments Inc, Patriot International,Classic Filters)
38B Raymond Njoku Street, South/west Ikoyi Lagos.
Tel (Nig): 234-80 746 15701, 234-80 992 35734, 234- 80 629 86318
Tel (UK): + 44 7957 409859
Email: ukclustergroup@aol.com