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ZANZIBAR STATE TRADING CORPORATION – SALES POLICY 2013/14 Page 1 ZANZIBAR STATE TRADING CORPORATION ZSTC SALES POLICY INTRODUCTION: Zanzibar State Trading Corporation (ZSTC) believes that, our Clients and Customers can be best served if ZSTC establish in writing the Sales Policies, Practices and Procedures to be used in carrying out those policies. ZSTC realized that, while having attempted to provide detailed guidelines in this policy, there will be times when problems must be resolved by Management decision, guided by the principles of fairness, integrity and good communication. This is a living document, which needs to add to it and change it according to the time when appropriate. ZSTC Progress and Services ZSTC believes that for this Corporation to be successful, it must set out its philosophy of doing business clearly. These things below are most important to ZSTC: Business Philosophy: To assist employees, agents and representatives to improve their lives by ensuring that they have the tools, resources, support and skills necessary for the ZSTC successful. Business Practices: Loyalty: We will act only in our customers’ best interest, putting their interest above all others, including our own interest. Obedience: We will carry out our customers’ lawful instructions. Disclosure: We will disclose to our customers all material facts of which we have knowledge of which might reasonably affect our customer’s use and enjoyment of the products. Confidentiality: We often learn a great deal about our customers because they have placed their trust in us. We will keep our customers’ confidentiality unless required by law to disclose specific information (such as disclosure of material facts to a

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Page 1: ZANZIBAR STATE TRADING CORPORATION ZSTC SALES · PDF fileZANZIBAR STATE TRADING CORPORATION – SALES POLICY 2013/14 Page 1 ZANZIBAR STATE TRADING CORPORATION . ZSTC SALES POLICY INTRODUCTION:

ZANZIBAR STATE TRADING CORPORATION – SALES POLICY 2013/14 Page 1

ZANZIBAR STATE TRADING CORPORATION

ZSTC SALES POLICY

INTRODUCTION:

Zanzibar State Trading Corporation (ZSTC) believes that, our Clients and Customers can be best served if ZSTC establish in writing the Sales Policies, Practices and Procedures to be used in carrying out those policies.

ZSTC realized that, while having attempted to provide detailed guidelines in this policy, there will be times when problems must be resolved by Management decision, guided by the principles of fairness, integrity and good communication.

This is a living document, which needs to add to it and change it according to the time when appropriate.

ZSTC Progress and Services

ZSTC believes that for this Corporation to be successful, it must set out its philosophy of doing business clearly. These things below are most important to ZSTC:

Business Philosophy:

To assist employees, agents and representatives to improve their lives by ensuring that they have the tools, resources, support and skills necessary for the ZSTC successful.

Business Practices:

Loyalty: We will act only in our customers’ best interest, putting their interest above all others, including our own interest.

Obedience: We will carry out our customers’ lawful instructions.

Disclosure: We will disclose to our customers all material facts of which we have knowledge of which might reasonably affect our customer’s use and enjoyment of the products.

Confidentiality: We often learn a great deal about our customers because they have placed their trust in us. We will keep our customers’ confidentiality unless required by law to disclose specific information (such as disclosure of material facts to a

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buyer).

Reasonable care: We will use reasonable care and skills in working with our customers.

Accounting: We will account to our customers for all of our customers’ money we receive.

Also ZSTC does business in accordance with the Laws of Zanzibar which are not to discriminate against any person because of race, color, religion, gender, handicap, family status, national or international origin, and status with regard to public assistance.

That’s why ZSTC believes that, we have a responsibility to advocate both internal and public policies that support the health of our business, our partners (customers) and the communities we serve.

The policies and positions below demonstrate our commitment to being a responsible business. They range from global ethical business standards to our own guidelines for doing business. From how we buy our cloves to how we ensure the best possible workplace for our business partners, we believe it is important to operate consistent with our mission.

NOTE:

Please read these terms of sales carefully. These terms apply to you and your purchase of either cloves or essential oils from ZSTC`s net through its website at www.zstcznz.org

Except to the extent that you have entered into a separate written agreement with ZSTC website that supersedes some or all of these terms.

These terms are subject to change without prior written notice at any time, in ZSTC`s sole discretion.

By placing an order for products through the site, you agree to be bound by and accept the terms and conditions in effect at the time of such order. all sales are expressly conditioned upon your agreement to these terms.

TERMS OF SALES:

1.0 Definitions

1.1 Seller Zanzibar State Trading Corporation.

1.2 Buyer The Person, Proprietor or Company as named on the Contract / Sales

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Invoice.

1.3 Products These are selling products which are Zanzibar Cloves (Standard Quality) and Essential Oils produced by Zanzibar State Trading Corporation (ZSTC).

2.0

Contact:

Official addressed to:

The Managing Director,

Zanzibar State Trading Corporation,

P. O. Box 26,

Zanzibar, Tanzania

Tel: +255 24 2230271 / +255 24 2232577

Fax: +255 24 2231550

E-mail Address: [email protected]

3.0 Orders:

3.1 All orders and business negotiations are subject to acceptance by Zanzibar State Trading Corporation

4.0 Contracts:

4.1 All contracts are subject to these seller’s conditions as printed herein unless otherwise agreed and acknowledged in writing by the seller, including any conditions stipulated by the buyer unless specifically agreed in writing.

4.2 Seller’s conditions supersede and override buyer’s terms and conditions with the exception of the above and or the inclusion of special terms as stipulated by a written Sales Contract.

4.3 Sales Contract of the commodity/product should be as follows:-

4.3.1 Cloves: Unless otherwise, the minimum quantity to contract should be 10 (ten) metric tons while the maximum quantity should be 500 (five hundred metric tons per order.

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4.3.2 Essential oils: Unless otherwise, the minimum quantity to contract should be 1,205 kgs gross (Five drums).

4.3.3 Making a Sales Contract:

Either party has a right to make a draft contract which should be rectified by both parties. Finally, the contract should be issued by the Seller.

4.3.4 Making a Sales Contract:

Both parties has a right to make a contract which should be rectified by both.

4.3.5 Signing of Contract:

Both parties (seller and buyer) should sign the contract.

4.3.6 Signatories for Sales Contract:

Unless otherwise, The Managing Director, Deputy Managing Director and Officer in Charge Pemba are responsible for signing the said contracts within the ZSTC`s Offices - Zanzibar.

4.3.7 Period for signing the contract:

All contracts should be signed at the reasonable time of period particularly when the desired product is available at a time, any contract signed out at the end of season is invalid.

5.0 Quality:

5.1 Unless otherwise stated, the quality of clove shall be “Standard Quality”.

5.2 It is the Buyer’s responsibility to ensure that goods purchased or contracted for, are suitable for their intended use. No claim can be entertained after the goods have been accepted and used by the Buyer or their customers. The Seller does not accept any liability extending to the subsequent work or packing or other costs associated with the goods after acceptance.

5.3 Where goods are supplied to a written specification a written order quoting the specification reference should accompany each order.

5.4 No claims can be entertained where the goods have for any reason lost their identity, been repacked, moved, or stored in an unsuitable environment.

5.5 Unless specifically implied the seller is unable to warranty the shelf life of goods or that the goods will remain suitable for consumption for any given "best before date". Suitability for intended use should be checked prior to use.

6.0 Price:

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6.1 All prices are fixed and are on Free on Board and shall not include import/export duties, levies and or taxes at the destination point, value added tax, freight (including banker’s charges and or adjustment factors), landing and handling charges, insurance and other imposed levies beyond the control of the seller.

7.0 Payment:

7.1 Unless otherwise, agreed in writing, or stated clearly in the Contract, terms for payment are cleared funds or by telegraphic transfer when proper information are given to the buyer.

7.2 The seller reserves the right to delay or cancel any delivery and or contract where goods or services are ready to be supplied but remain for unpaid after the due date.

7.3 All invoices are considered due and payable within seven days from date of invoice unless otherwise noted on invoice.

8.0 Delivery:

8.1 Shipment dates are given in good faith but cannot be guaranteed. They are an indication only. The seller may at his own discretion make delivery by installments. Each installment will then constitute a separate transaction and shall be paid for separately.

9.0 Shipment:

9.1 Unless otherwise, cargo transported under the terms of a single Bill of lading or Airway bill, irrespective of the quantity or number of containers, packages, or pieces.

9.2 ZSTC will ship the goods under Free On Board (FOB) basis and or Cost and Freight (C&F) where applicable.

9.3 Shipping point with customers responsible for any duties or import fees, and all regulatory requirements.

9.4 Shipment schedule should be advisable by both parties and should be shown on the contract.

9.5 Changes of shipping instructions are not allowed to avoid unnecessary inconveniences and other complications during the shipment process.

9.6 Packing: In new double jute bags of 40 kgs net.

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9.7 Documents: Shipping documents to be issued are as follows:-

Commercial Invoice,

Certificate of Origin,

Packing List,

Quality Certificate,

Weight Certificate

Phytosanitary Certificate and

Bill of Lading

10.0 Loss/Damage:

10.1 It is the responsibility of the buyer to ensure that delivery has been made in full and that the goods are full, sound and in good condition. No claims will be entertained where a signature has been given as "Unchecked" or with some other similar reservation. Any claim for short delivery, loss or damage must be notified in writing within seven days after receiving the goods.

11.0 Risk:

11.1 All risks pass to the buyer on the way to the point of destination.

12.0 Containers:

12.1 Where delivery is made by Shipping containers it is the responsibility of the seller to ensure that the seal is intact at the point of the delivery. The seal shall not be broken, missing or not affixed. If this noted the delivery note and written notification passed on to the Seller, the Hauler and the Shipping line on the day of delivery. No claims will be entertained in the event of this procedure not being complied with

12.2 Any demurrage or other charges incurred as a result of the buyers inability or that of his agents, or contractors, to take delivery of or promptly discharge the container, will be for the buyers account solely.

12.3 Any shortages, damages to the goods or the container, ingress of water etc., must be clearly noted on the carriers receipt. Written notification of such must be passed on to the seller, the hauler and the shipping line on the day of delivery. No claims whatsoever

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will be entertained in the event of this procedure not being complied with.

12.4 It is the responsibility of the buyer, his agent or contractor to take reasonable steps to substantiate any claims, such as full and comprehensive reports countersigned by the driver, photographic verification of the condition of the goods or of the container etc.

13.0 Agents:

13.1 Where the buyer is acting as an agent on behalf of a principle whether disclosed or otherwise, the buyer is responsible for the performance of the contract in all respects.

14.0 Law:

14.1 All contracts and transactions are governed by the law of Zanzibar and disputes shall be settled in Zanzibar.

15.0 Disputes:

15.1 Any dispute regarding the quality of the goods or the performance of the contract which cannot be resolved shall be settled by arbitration in Zanzibar in accordance with the rules of the appropriate trade association.

16.0 Retention of Title:

16.1 All goods remain the property of the Seller until paid for in full.

16.2 In the event that the Buyer fails to pay for the goods the seller reserves the right to lay claim to either the goods supplied or other goods supplied, or other property belonging to the seller to the value of the goods or services supplied.

16.3 It is the Buyer’s responsibility to keep the goods separate and ready for easy identification until they are paid for in full. In the event that the goods are used in manufacturing before payment is made the Seller’s rights extend to that manufactured product. In the event of nonpayment within agreed terms, or in the event of the buyer becoming insolvent, or going into liquidation or receivership, or declaring bankruptcy, or entering into any other voluntary arrangement with creditors, the seller reserves the right to remove goods to the value of the full amount outstanding, whether they be goods remaining unpaid or part paid or fully paid for.

17.0 Force Majeure:

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17.1 ZSTC will not be liable for any failures to perform on any contract or to supply cloves or essential oils due to strikes, fires, acts of war or threatened acts of war, acts of terror or threatened acts of terror, explosions, flood, riot, lock out, injunctions, acts of God, interruptions in transportation, unavoidable accidents, equipment downtime, inability to harvest and purchase cloves from the farmers or distillation of essential oils at reasonable time, product recalls, or other causes beyond our control.

18.0 Claims for Damages of container (s) Drums and/or Shipping Errors / Poor quality/ Return of the goods:

18.1 If shipments arrive in broken or damaged condition, insist upon the transportation company’s agent noting “damaged” or “broken” on the freight bill. The damaged product must remain in the original jute bags or container for inspection.

18.2 Zanzibar Ports Corporation and all Customs Authority should be informed the returns of the consignment within seven days of delivery. Shipping errors and shortages of contained product must be reported to the ZSTC within seven (7) days of receipt of delivery. All requests must be reported to ZSTC.

19.0 Changes:

19.1 This Sales Policy is subject to immediate change without notice. The laws of Zanzibar govern all transactions and entries.