Terms and Conditions for relations between ELGAWA LLC. Located at Paramaribo and her clients filed at the Registry of the Cantonal Courts on the 24th of June 2015 under register no. 15-2757. ELGAWA LLC., Verlengde Gemenelandsweg no. 76, Telephone (597) 499447, Fax. (597) 465741, Paramaribo-Suriname.
1. Binding upon all legal relationships involving de Surinamese offices of ELGAWA LLC. and her clients are these terms and conditions applicable and the Surinamese law and insofar as has not been expressly waived in said terms.
2. The business activities of ELGAWA LLC. consist of:
The provision of services to third parties in the field of Electrical engineering, Mechanical engineering, medical engineering and electronics in the broadest sense and the selling of goods;
3. ELGAWA LLC. and the client will observe the utmost care in the execution of transactions inclusive present relations in particular t hereby taking into account, to the best of abilities, each other’s interest. In the application of the following clauses this principle will be ever taken into account.
4. As far as needed the client is bound to the clear task of providing ELGAWA LLC. with the rightf ul address where the documents and goods for their use are to be delivered or sent. Supplied address remains effective to ELGAWA LLC. as long as a written statement of another address by or on account of the client is not received. Deliveries and supplies to intended address safeguard ELGAWA LLC. fro m any liability to the client.
5. ELGAWA LLC. will, for all proceedings with her clients, make use of commission and tender forms which will play an indispensable part in the entered into contract with the client, however, ELGAWA LLC. expressly reserves the right to modify sent tenders and agreed upon contracts by client or adjust if circumstances give rise to such, in such case each party severally having the right to terminate the contract.
6. The client is required to verify the order forms, tenders, invoices etc. sent by ELGAWA LLC. in original and photocopy. If se nt documents are not disputed by client within seven (7) days after having been deemed as received, said documents are considered to have been tacitly approved.
7. ELGAWA LLC. reserves the right to make use of the services of third parties in the proper execution of the contract of the client if deemed necessary. The capacity of ELGAWA LLC., in such cases is as commissioner, having the authorization to set another in place. ELGAWA LLC. will, upon request, make mention of the name of the third party hired by her to the client. If client upon entering the contract or afterwards gives preference to another third party that to those ELGAWA LLC. wishes to or has already employed, said preference will be reasonably possible followed, with risks and liability exclusively for the account of the client.
8. Services provided by ELGAWA LLC. are principally done only during the working hours of ELGAWA LLC. work performed at different times than mentioned under this article, will only be performed after consultation between ELGAWA LLC. and the client and can entail mandatory increased costs for the client.
Working hours of ELGAWA LLC. are as follows:
- Opening hours showroom Paramaribo: Monday to Friday from 07:00 to 16:00 hours; Saturday 08:00 to 13:00 hours;
- Opening hours showroom Nickerie: Monday to Friday from 08:00 to 17:00 hours; Saturday 08:00 to 13:00 hours.
9. Payments to ELGAWA LLC. by the client for bought, delivered and/or installed goods/parts will take place unless expressly mentioned otherwise, cash and in the case of ordered goods/parts according to the payment terms mentioned in the tender.
10. The purchased good/parts remains the property of ELGAWA LLC. as long as the full purchase sum has not been paid. ELGAWA LLC. is authorized to revendicate the purchased good if the full sum has not been satisfied within two months of delivery, whereby all costs as mentioned under article 12 are for the account of the client. Moreover ELGAWA LLC. reserves the right to sell to third parties any goods in her stock on which a down payment was made within (7) seven days. After which ELGAWA LLC. is authorized upon restitution of the down payment, to hold in 15% of the invoice amount for administration costs.
11. ELGAWA LLC. is authorized to charge the client a debit interest of 5% for invoices per month if after one week of delivery or of the last payday said client fails to pay the remaining balance.
12. All costs connected to cashing overdue bills of the client, revendicating purchased goods, failure to (within two months) p ick up ordered goods or cancel orders as well as eventual judicial and extrajudicial costs, inclusive costs related to legal assistance, will be charged to the client and amounts to a minimum of 15% of the amount to be collected or the worth of the to be revendicated and/or ordered good/apparatus.
13. ELGAWA LLC. is in no way laible or responsible for damage, be it consequential damages as a result of defects that were or are not c learly visible or known at the time of delivery of the purchased goods/parts to te client.
14. Appealing to an agreed upon deviation of the general terms and warranty can only be done if such deviation is agreed on in wr iting.
15. All costs on the part of ELGAWA LLC. resulting from the relation with the client, will be charged to the client as well as the extrajudicial costs. These amount to 15% of the amount to be collected.
16. Disputes between ELGAWA LLC. and the client will be tried by the authorized Surinamese judge according to Surinamese law.
17. Amendments and/or additions of these Terms and Conditions by ELGAWA LLC. are also binding on the client one month after filing of said amendments and additions at the Registry of the District Court of the first Canton has been done.