Terms and Conditions
Seller & Buyer Agreement
- Scope of Application
These Terms & Conditions (“T&Cs”) apply to all quotations, offers, proforma invoices, sales contracts, and shipments made by Vietnam Charcoal (“Seller”) to any Buyer unless otherwise agreed in writing. Any alternative terms proposed by the Buyer shall be valid only if expressly accepted in writing by the Seller. Placement of a purchase order or acceptance of documents constitutes full acceptance of these T&Cs. - Product Specifications & Quality Variation
All products supplied by the Seller are charcoal products intended for industrial or commercial use. Specifications stated in quotations, product sheets, or Certificates of Analysis (COA) represent typical average values. Natural variation within commercially acceptable tolerances may occur due to raw material type, manufacturing process, or storage conditions. Unless explicitly stated otherwise, all quality references relate to the shipped cargo, not to any sample previously provided. - Samples, Certificates & Inspection Rights
Pre-shipment samples, if provided, are indicative only and do not constitute a guarantee of final shipment quality. The final COA reflects pre-shipment testing or composite sampling. Third-party inspection (e.g., SGS, Cotecna, Intertek) may be arranged upon request at the Buyer’s cost, unless otherwise agreed. Any seal or tag applied during inspection is considered final and binding. - Offer Validity, Contract Formation & Price Basis
All prices are quoted in USD and based on Incoterms® 2020. Quotations remain valid only for the period stated. A binding sales contract is formed only when the Seller issues written confirmation (email, signed PI, or contract) and receives either the agreed advance payment or operative Letter of Credit. Prices may be adjusted if there are changes in freight rates, foreign exchange fluctuations, or export regulations prior to shipment. - Payment Terms
Accepted methods of payment include:
• T/T: 50% advance, 50% against copy of shipping documents (scan or email release)
• Irrevocable Letter of Credit at sight, subject to Seller approval of issuing bank
• UPAS L/C acceptable on a case-by-case basis
Title to the goods remains with the Seller until full payment is received. Any bank charges outside Vietnam are for the Buyer’s account. - Delivery, Risk Transfer & Incoterms
Delivery terms follow Incoterms® 2020 (FOB, CFR, CIF, etc.). Risk transfers to the Buyer at the point defined by the agreed Incoterm. The Seller is not responsible for vessel delays, port congestion, shipping line schedule changes, or force majeure events affecting transit time. Partial shipments and transshipments are allowed unless otherwise prohibited in the contract. - Shipping Documents
Unless stated otherwise, standard document set includes:
• Commercial Invoice
• Packing List
• Bill of Lading (original or telex release)
• Certificate of Origin
• COA issued by factory or third-party lab
Document discrepancies that do not affect the physical cargo shall not be grounds for rejection or non-payment. - Claims & Time Limits
Any claim relating to quality, shortage, or damage must be notified in writing within 7 calendar days after vessel discharge at destination port and supported by an independent survey report. Claims made after unloading, resale, reprocessing, blending, or use of the goods will not be accepted. Under no circumstances may claims exceed the value of the specific goods concerned. - Product Use Disclaimer
All products supplied are for industrial or commercial use only. The Buyer shall not repurpose, repackage, or relabel charcoal products for uses that require certifications beyond those provided (e.g., food-grade, medical, safety uses) without appropriate approvals. - Regulatory Compliance – Buyer Responsibility
The Buyer is solely responsible for ensuring the product is legally importable into the destination country and securing any permits, import licenses, or approvals required by local law. The Seller accepts no liability for rejection due to regulatory non-compliance in the Buyer’s country. - Limitation of Liability
The Seller’s total liability, whether in contract, tort, negligence, or otherwise, shall not exceed the invoiced value of the goods in dispute. The Seller shall not be liable for consequential or indirect losses, including but not limited to loss of profit, downtime, or business interruption. - Force Majeure
The Seller is not liable for delays or inability to perform due to events beyond reasonable control, including but not limited to natural disasters, epidemics, war, sanctions, embargoes, port closures, strikes, or government intervention. Shipment dates shall automatically be extended for the duration of the disruption. - Export Documentation, Certificates & Compliance
The Seller will provide normal export documents issued in Vietnam. Any additional certificates (e.g., fumigation, radioactivity test, halal/kosher) must be requested before contract signing and may incur extra costs and lead time. - Sanctions, Embargoes & Trade Restrictions
The Seller reserves the right to cancel any order if the Buyer, final consignee, or destination country becomes subject to international sanctions or trade restrictions. The Seller bears no responsibility for delays caused by customs or political regulations outside Vietnam. - Governing Law & Arbitration
These Terms & Conditions are governed by the laws of Vietnam (or Singapore if preferred). Any dispute shall be finally resolved by arbitration in a mutually agreed arbitration center under applicable rules. The arbitration award shall be final and binding on both parties.
Short reference line (for PI, email, quotation, spec):
Subject to Vietnam Charcoal Terms and Conditions: https://vietnamcharcoal.com/terms-and-conditions