General terms and conditions of delivery and payment of goods

sold by Bohnenkamp LLP

I. General provisions

These General terms and conditions of delivery and payment of goods sold by Bohnenkamp LLP are not a public contract and do not oblige Bohnenkamp LLP to deliver Goods to each Visitor located on the Company's Online showcase. 

These General terms and conditions shall not apply to deliveries of Goods made by the Company outside the Republic of Kazakhstan in favour of persons purchasing the Goods for subsequent resale, as well as those made under the terms of a supply contract concluded between the Buyer and the Company. The terms of such deliveries of the Goods shall be determined by the relevant supply contracts concluded between the buyers (intermediaries) and the Company.

The provisions of these general terms and conditions apply to the delivery of Goods, unless other terms of delivery are expressly agreed between the Company and the Buyer.

The Visitor and the Buyer who are on the Company's Online showcase or have visited it at least once should familiarize themselves with the provisions of these General terms and conditions and, in their relationship with the Company, unconditionally comply with them. 

The Visitor and the Buyer confirm that they are authorized to accept the obligations provided for in these General terms and conditions on their own behalf and in their own interests, and in the case of representing the interests of third parties - on their behalf and in their interests. When registering on the Company's Online showcase, the Visitor and the Buyer must provide their documents confirming the status of a legal entity /individual entrepreneur, as well as documents confirming their credentials.

II. Terms and definitions used in the General terms and conditions.

Company – means a limited Liability Partnership "Bohnenkamp", a legal entity established and registered in accordance with the legislation of the Republic of Kazakhstan, business identification number 070140010934, with location: Republic of Kazakhstan, Almaty region, Ili district, rural district Bayserkensky, village Bayserke, Sultan Beybarys Street, building 31 D, index 040704;

General terms and conditions means these general terms and conditions setting out the Company's standard terms and conditions of supply and payment for the Goods, which may be revised by the Company at its discretion; 

The Buyer means a legal entity/individual entrepreneur who has sent an order for purchase (delivery) of the goods to the Company's address and received approval of this order from the Company;

The Visitor means any person who is on the Company's Online Storefront in order to obtain information about the Goods and/or its subsequent purchase;

Goods means goods, the name, size, number, code and other description of which are listed on the Company's online storefront;

Internet showcase of the Company means the Company's Internet showcase placed in the Internet at the address: https://shop.bohnenkamp.kz/, which allows its Visitors to get general information about the Goods and about their possible realisation by the Company. 

III. The Company's offer for the delivery of Goods

The Goods posted on the Company's online storefront may not be available in the Company's warehouse, their description and photos may differ from the actually delivered Goods. The visitor who intends to purchase the Goods should contact the Company to obtain up-to-date information about the availability of the Goods in the Company's warehouse and their characteristics.

The Visitor has the right to send his order for the purchase of Goods (its batch) by e-mail, fax or via the Company's online storefront (if such technical possibility exists).

The Company's obligation to supply the Goods only arises when the Company has expressly confirmed the Visitor's order. Confirmation of the Visitor's order is carried out by the Company by issuing a corresponding invoice for payment and/or sending a corresponding message by e-mail or fax.

In some cases, the Company has the right to accept a Visitor's order by phone. In this case, the Company's obligation to deliver the Goods arises only in case of full payment by the Visitor of the invoice issued by the Company.

Notwithstanding the provisions of these General terms and conditions, the Company has the right at any time to require the Buyer to conclude a separate delivery contract.

The Company's refusal to process the Visitor's order, as well as its untimely processing by the Company, is not a confirmation of such an order (the Company's consent to deliver the Goods specified in such an order). The Visitor and the Buyer fully release the Company from any losses related to the Company's refusal to process the order or its untimely processing.

Any changes in the terms of delivery of the Goods after the Buyer's order has been agreed may be made only with the mutual consent of the Company and the Buyer by means of a new order and its confirmation by the Company, as well as in any other manner agreed between the Company and the Buyer, except for the cases when the Company unilaterally withdraws the discount on the Goods, as provided for in paragraph 5 of Section IV "Prices for Goods" of these General terms and conditions.

The Company and the Buyer do not have the right to refuse to deliver the Goods on the terms agreed by them, except as defined below in paragraphs 10 and 11 of section V "Delivery of Goods" of these General terms and conditions.

IV. Goods Prices 

All prices for the Goods on the Company's Online showcase are indicated in Kazakhstani tenge. At the same time, the Company can accept payment for Goods in foreign currency from persons recognized as non-residents in accordance with the currency legislation of the Republic of Kazakhstan.

The prices of the Goods indicated on the Company's Online showcase are indicative and do not oblige the Company to deliver the Goods at such prices. The visitor who intends to purchase the Goods should contact the Company to obtain current actual prices for the Goods.

The prices of the Goods indicated on the Company's Online showcase do not include the cost of ordering the Goods at the Manufacturer, its delivery to the Republic of Kazakhstan and to the Buyer's address, the cost of insurance of the Goods, as well as other related costs of the Company related to the delivery of the Goods.

The prices agreed by the Company and the Buyer for the Goods are subject to revision in the event of a change in the exchange rate of the Kazakhstani tenge to the Euro on the terms and in the manner agreed between the Company and the Buyer.

If the terms of payment for the purchase price of the Goods are violated by the Buyer, the Company has the right to unilaterally withdraw the discount provided for the Goods, about which the Company notifies the Buyer within five days from the date of making such a decision. In this case, the Buyer must pay the purchase price of the Goods without taking into account the previously provided discount.

V. Delivery of Goods

The Buyer independently makes a decision regarding the purchase of the Goods. Before the order is submitted, the Buyer must carefully familiarize himself with the characteristics of the purchased Goods, if necessary, request additional information about the Goods from the Company and decide on the quantity and completeness of the necessary Goods, the timing of its delivery.

The Company has the right to refuse to agree on the terms of delivery of the Goods if the delivery of the Goods to the address determined by the Buyer is difficult due to the lack of roads, as well as in case of refusal on the part of reliable carriers to deliver the Goods.

The Company's obligation to deliver the Goods arises from the date of receipt of the purchase price of the Goods in full.

The Company must ensure that the Goods are ready for shipment within 10 calendar days from the date when the Company's obligation arises to deliver the corresponding Goods to the Buyer.

The export of Goods from the warehouse determined by the Company is carried out by the Buyer independently and at his own expense.

Transport and other insurance for the Goods is issued by the Buyer independently and at his own expense.

The Goods are considered delivered to the Buyer at the time of its transfer to the Buyer or to the first carrier determined by the Buyer.

The Buyer must provide the Company and /or the carrier delivering the Goods with documents for its authorized persons, as well as ensure timely acceptance of the Goods by these persons.

If the Company becomes aware of circumstances that make the Buyer's solvency doubtful, the Company has the right to suspend the delivery of the Goods until the purchase price of the Goods is received in full (in respect of Goods delivered by the Company on deferred/installment payment terms).

If the delivery time of the Goods is exceeded by the Company by more than four weeks, the Buyer has the right to cancel the order (refuse the order) if the Goods are not delivered within the delay period of an additional four weeks.

In case of force majeure circumstances, the Company has the right to refuse to deliver the Goods or extend the delivery period for the duration of force majeure circumstances. The Company reserves this right in the above-mentioned circumstances, even if these circumstances occur simultaneously with other previously occurred delivery delays.

Refusals by Buyer or the Company on the grounds set forth in paragraphs 10 and 11 of this Section must be made by the person concerned by written notice to the other person given fifteen calendar days in advance of the proposed date of refusal.

VI. Ownership and risk of accidental death

The Goods must be accepted by the Buyer on the date determined by the Company.

The right of ownership of the Goods passes from the Company to the Buyer from the date of transfer of the Goods on the basis of the relevant consignment note and/or other document to the Buyer or the first carrier.

The risk of accidental loss of the Goods passes from the Company to the Buyer simultaneously with the transfer of ownership of the Goods. If the Buyer unreasonably refuses to accept the Goods, the risk of accidental loss of the Goods passes from the Company to the Buyer from the date when the Buyer should have accepted the Goods.

Until the full payment of the purchase price, the Buyer has the right to use the Goods exclusively for his own purposes and interests (in relation to the Goods delivered by the Company on the terms of deferred / installment payment). At the same time, the use of the Goods must be carried out for its intended purpose.

The Buyer shall insure the Goods against theft, fire and other damage or theft (loss) until the purchase price is paid in full (in respect of the Goods supplied by the Company on deferred/extended payment terms). The Company must be indicated as the beneficiary of such insurance.

The Buyer shall not be entitled to transfer the Goods to third parties until full payment of their price has been made, unless otherwise specified in a separate official letter from the Company (in respect of Goods supplied by the Company on deferred/extended payment terms). This restriction also applies to any encumbrance of the Goods with the rights of third parties.

The Company shall be entitled to demand return of the Goods (not in use) by the Buyer in case of non-fulfilment or improper fulfilment by the Buyer of its obligations to pay the purchase price of the Goods (in respect of the Goods supplied by the Company on deferred/extended payment terms). In such case, the Goods shall be returned at a time and in a manner determined by the Company, with all costs to be borne by the Buyer.

In the event that third parties gain control of Goods which have not been paid for by the Buyer, the latter shall immediately notify the Company (in respect of Goods supplied by the Company on deferred/extended payment terms).

VII. Payments for Goods

The delivery of the Goods is carried out on the terms of full prepayment.

The Buyer must pay the price of the Goods within _________ banking days from the date the Company issues the corresponding invoice for payment.

The Goods can be paid by bank payment to the Company's bank account or by depositing cash at the Company's cash desk. The Company refuses to accept cash if its total amount will be more than one thousand times the monthly calculation index established in accordance with the legislation of the Republic of Kazakhstan. In this case, the Goods must be paid by the Buyer by bank payment.

The Goods are recognized as paid on the date of crediting money to the Company's bank account or depositing cash to the Company's cash desk.

If the Company becomes aware of circumstances that make the Buyer's solvency doubtful, the Company has the right to demand immediate payment of the price of the Goods (in respect of Goods delivered by the Company on the terms of deferred / installment payment).

The Company and the Buyer must exchange the originals of accounting documents in respect of each delivery of the Goods in the time and manner determined by the Company.

VIII. Warranty on Goods and notices of defects

The Buyer shall inspect the Goods by name, assortment, quantity, quality and other characteristics at the time of receipt and, if it finds defects, immediately (on the day of acceptance) notify the Company of such defects in writing. If the Buyer fails to send the Company such a letter, the Goods will be deemed to have been accepted unless the defect is of such a nature that it cannot be recognised during inspection of the Goods on receipt. If such a defect appears later, it should be reported immediately after its discovery, otherwise the Goods will be considered accepted taking into account such a defect. Timely notification of defects is a sufficient action to protect the rights of the Buyer.

The Company makes no warranty in respect of defects caused by natural damage resulting from wear and tear, improper or negligent use, or unsuitable/inappropriate storage or use of the Goods, due to failure to follow instructions regarding handling and use. If deliveries are made in accordance with drawings, specifications, samples, instructions, etc. provided by the Buyer, the Buyer assumes the risk as to the suitability of the Goods for such purpose.

If the delivered Goods have defects, the Buyer grants the right to the Company at its discretion to eliminate the defects (correction of defects) or to ensure the delivery of the Goods without defects (replacement). The Company has the right to make the elimination of defects dependent on the Buyer paying the purchase price of the Goods in full. At the same time, the Buyer has the right to retain a reasonable part of the purchase price proportional to the defect. The Buyer must provide the Company with the necessary time and opportunity to eliminate the defects and, in particular, must transfer the improper Goods to the Company for testing. In case of replacement of the Goods, the Buyer must return the defective Goods to the Company in accordance with the procedure and terms determined by the Company.

Defect remediation does not include removal of defective parts(s) or installation of defect-free parts(s) if the Company is not originally required to provide the installation. The costs associated with troubleshooting, in particular, transportation, work and material (but not installation and dismantling costs), will be covered by the Company, but only in case of proven defects. If it turns out that the demand for the elimination of defects on the part of the Buyer is unreasonable, the Company has the right to demand compensation for its expenses from the Buyer, and the latter must reimburse them within the time limits determined by the Company.

If it is not possible to remedy the defect, or if the deadline for the Buyer to remedy the defect has expired and the defects have not been remedied, or the deadline is postponed in accordance with the statutory provisions, the Buyer has the right to refuse to purchase the Goods or to reduce the purchase price of the Goods. At the same time, the Buyer has no right to refuse to purchase the Goods in the presence of minor (insignificant) defects.

Claims and rights arising from defective Goods may be brought by the Buyer only within the twelve-month warranty period starting from the date of delivery of the Goods, unless the Buyer is a legal entity or as an individual entrepreneur.

If the Buyer agrees to purchase the Goods despite being aware of the defects (faults), the Buyer shall not be entitled to make defect claims in respect of such Goods.

The warranty conditions for the Goods, which are not expressly stipulated in this section, should be determined by the warranty conditions posted on the Company's website at: https://www.bohnenkamp.kz/garantiya /.

IX. Individual conditions

Goods sent as a sample which have been rendered useless by repair or modification or replaced parts shall be scrapped or otherwise disposed of unless otherwise agreed by the Company.

Custom-made goods, as well as Goods that the Company does not always have in stock (so-called rare goods), are mandatory for purchase by the Buyer.

The return of such Goods will take place only under special exceptional conditions and by prior written agreement with the Company. If such Goods are returned without prior written agreement, the Buyer agrees that the Company will either dispose of such Goods immediately and invoice the Buyer at the purchase price, resulting in a 25% deduction for costs, unrealised profits and possibly freight charges, or that we will, at our discretion, return the goods to the Buyer at the Buyer's expense and charge the Buyer the monetary charges incurred. The Buyer has the right to provide evidence that the costs and unrealized profits amounted to less than 25% of the returned value of the goods. This does not eliminate the burden of proof.

The Company reserves the right to charge a commission fee of 15,000 tenge for each item of Goods returned with the written consent of the Company, if the refund is not completed within 10 days from the date of receipt by the Buyer of the Goods. The Buyer bears the transportation costs. Charges will be levied if the Buyer cancels orders for Goods which have already been delivered; if the Buyer intends to return Goods which are no longer required; if the Buyer places an incorrect order and only after accepting it realises that the order was incorrect; if the Buyer erroneously orders too large a quantity of Goods; or if the Buyer for any other reason unreasonably refuses to accept the Goods after the order has been confirmed by the Company. These rules do not apply to returns of Goods due to erroneous deliveries made by the Company, or to justified complaints by the Buyer. The buyer reserves the right to provide evidence that we have suffered less damage.

X. Liability and limitations of liability

These General terms and conditions provide for all obligations that the Company agrees to assume in relation to the delivery of the Goods, including in relation to warranty obligations for the Goods.

The Visitor and the Buyer unconditionally agree that the liability of the Company in accordance with these General terms and conditions and the legislation of the Republic of Kazakhstan shall be limited to the real damage, which was caused directly to the Visitor or the Buyer in connection with non-performance or improper performance by the Company of the provisions of these General terms and conditions, as well as the order of the Buyer agreed by the Company. At the same time, the Buyer also agrees that the total amount of actual damages to be compensated by the Company may not exceed 1% per cent of the total price of the Goods in respect of which the Company has failed to fulfil or improperly fulfilled its obligations.

For the avoidance of doubt, the Visitor, the Buyer and the Company separately stipulate that the Company shall not be liable to the Visitor and/or the Buyer for any indirect real damages, as well as for direct and indirect losses in the form of lost profits from any transactions incurred by the Visitor or the Buyer in connection with the non-performance or improper performance by the Company of the provisions of these General terms and conditions, as well as the Buyer's order agreed by the Company.

The Visitor and the Buyer unconditionally assume responsibility to compensate the Company for direct and indirect losses (real damage and lost profits) caused to it in connection with their non-fulfillment or improper fulfillment of the provisions of these General terms and conditions, as well as the Buyer's order agreed by the Company.

In case of violation by the Buyer of the deadline for acceptance of the Goods, the Company has the right to demand, and the Buyer must pay a penalty in the amount of 10% percent of the purchase price of the Goods in respect of which the delay was made, for each calendar day of delay.

In case of violation by the Buyer of the payment deadline for the price of the Goods, the Company has the right to demand, and the Buyer must pay a penalty in the amount of 10% percent of the purchase price of the Goods in respect of which the delay was made, for each calendar day of delay.

Compensation for losses (real damage and lost profits) in accordance with this section must be carried out by the responsible person in excess of the amount of the penalty charged.

Compensation for losses (real damage and lost profits), as well as payment of penalties in accordance with this section, must be carried out by the responsible person within ten calendar days from the date of receipt of the relevant claim of the injured person.

XI. Force majeure circumstances (force majeure)

The Visitor, the Buyer and the Company are not liable for losses (actual damage and lost profits), losses, costs or expenses caused by or related to any delays, restrictions, obstacles or non-fulfillment of obligations resulting from force majeure, including, among others, natural disasters, laws, regulations, regulations, regulations, legislative measures and decrees adopted by State and governmental bodies, as well as other administrative measures, orders or decisions of any judicial authorities, earthquakes, floods, fires, explosions, military actions, terrorist acts, civil unrest, acts of sabotage, disasters, epidemics, pandemics, strikes, lockouts.

Upon the occurrence of any force majeure circumstance, the affected person shall immediately inform the other person of such circumstance by written notice stating the reason for its occurrence and its expected effect on the fulfilment of its obligations. In the event of any delay, the obligation to deliver shall be suspended for a period equal to the time lost due to force majeure circumstance. At the same time, if the actual or expected duration of any of the force majeure circumstances exceeds two months after the expiry of the agreed delivery period, any person shall be entitled to cancel the part of the obligations affected by such circumstances without incurring any liability to the other person.

XII. Procedure and place of dispute resolution, applicable legal norms, partial invalidity

All disputes, disagreements between the Visitor, the Buyer and the Company shall be settled by negotiations, which shall be completed within fifteen days from the date of their commencement. Negotiations can be conducted by exchanging official letters.

Disputes, disagreements between the Visitor, the Buyer and the Company that have not been settled through negotiations are subject to transfer to the court at the location of the Company.

The exclusive right applicable to the legal relations between the Visitor, the Buyer and the Company is the law of the Republic of Kazakhstan. Uniform procurement laws based on international procurement treaties, in particular the Uniform Laws on the international purchase of movable goods and on the execution of such purchase and sale agreements (the Hague Convention) and the UN Contract on the purchase of Goods, do not apply.

XIII. Official notifications

The Visitor and the Buyer unconditionally confirm that all notifications that should be sent to their address should be sent to the addresses indicated by them when registering on the Company's Online showcase, unless the Visitor and the Buyer inform the Company about other addresses in advance.

The Company unconditionally confirms that all notices to be sent to it shall be sent to its registered office as stated in these General terms and conditions.

The Visitor, the Buyer and the Company confirm their e-mail addresses, which have been provided by them to each other, as well as recognise the legal validity of the e-mail messages sent and the documents (files) attached to them, which have been or will be sent to the specified e-mail addresses. At the same time, the Company has the right at any time to require the Visitor and the Buyer to send original documents to its address.

XIV. Confidentiality

The Visitor, the Buyer and the Company recognize as confidential information any information that has been transferred by one of the specified persons to another specified person on the terms of confidentiality. The Buyer and the Company certainly recognize the terms of delivery of the Goods agreed between them as confidential information. Confidential information may not be disclosed to third parties without the consent of the person who provided such information, except where disclosure is expressly provided for by the laws of the Republic of Kazakhstan or disclosure is necessary in order to fulfil its obligations or in connection with the exercise of its rights.

Information that is publicly available or provided by a third party cannot be classified as confidential.

XV. Personal data

The Visitor and the Buyer confirm that for the purpose of visiting and staying at the Company's online storefront and fulfilling the provisions of these General terms and conditions, they have granted the Company the right to receive, store, process, use and transfer the personal data indicated when registering at the Company's online storefront, as well as other personal data submitted before or after the said registration.

The Visitor and the Buyer also represent to the Company that they are authorised to transmit personal data of their employees, partners and other third parties, and grant the Company the right to receive, store, process, use and transmit such personal data for the purposes of visiting and being on the Company's online storefront and complying with the provisions of these General terms and conditions.

XVI. Miscellaneous 

These General terms and conditions may be revised by the Company at any time and such revision does not require the consent of Visitors and/or Buyers, as well as other third parties.

The provisions of these General terms and conditions are binding on the Visitor and the Buyer, the enforcement of which may be filed by the Company in court in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.

If any clause of these General terms and conditions is declared invalid, the remaining provisions of the General terms and conditions will remain unchanged and have legal force.

In everything that is not provided for by the provisions of these General terms and conditions, the Visitor and the Buyer must be guided by the legislation of the Republic of Kazakhstan.

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