Terms of Sale
Deep Harbor Trading Limited – fish delivered to Kasumbalesa, Zambia
Acceptance. Payment of a Deep Harbor pro-forma invoice, in whole or in part, confirms that the client has read and accepts these Terms of Sale in the version in force on the invoice date.
1. Who we are
- Deep Harbor Trading Limited, Hillside Road 967, Chililabombwe, Zambia. TPIN 2004505521, Reg. No. 120261047379.
- All orders, notices and claims are made in writing to or from sales@deepharbor.trade.
2. Offers and acceptance
- A pro-forma invoice is an offer, valid for 3 days from its date unless it states otherwise.
- The client accepts the offer and these Terms by paying any amount against the pro-forma, quoting its number.
- Allocation of product and quantity remains subject to stock availability and Deep Harbor's written confirmation.
3. Prices and payment
- Prices are in US dollars per carton, delivered to the agreed point in Kasumbalesa, Zambia, and include transport arranged by Deep Harbor.
- 100% upfront: the invoice is paid in full before the load is dispatched.
- 50% upfront (where the invoice offers it): 50% is paid before dispatch and the balance is due when the truck arrives in Kasumbalesa. The goods are handed over only once the balance has been paid.
- A prepayment is held as the client's advance until the goods are delivered.
4. Release, risk and ownership
- Release is the moment the supplier's cold store in Namibia hands the client's load to the transporter, as shown by the supplier's release document and the loading or consignment note.
- Risk passes to the client at release, in Namibia. From then on, loss of or damage to the goods in transit is the client's, subject to clauses 7 and 8.
- Ownership passes to the client only when the invoice is paid in full. Until then Deep Harbor may hold the goods or sell them elsewhere.
- Once the client owns the load, it may resell it at its own price through its own facilities.
- Deep Harbor arranges transport and border documents and assists with claims. It is not the insurer of the goods in transit.
5. Delivery time
- Delivery to Kasumbalesa is estimated at 18 to 24 days from receipt of payment. This is an estimate, not a guaranteed date.
- It can take longer, for example if the supplier's stock runs out, or because of border, transporter or weather conditions outside Deep Harbor's control.
- A delay does not entitle the client to cancel the order or claim damages. Where the supplier cannot supply at all, clauses 7 and 10 apply.
6. Client's own transporter
- The client may appoint its own transporter. The delivered price is then reduced by the transport Deep Harbor would have charged, and risk passes at release to the client's transporter.
7. Short, missing and never-loaded goods
| Case | What happens |
|---|---|
| Loaded, then arrives short (proven loaded by the release or loading documents) | The client pays for the full loaded quantity. The shortage must be recorded at delivery and signed by the driver and the client's representative (clause 8). Deep Harbor pursues the claim against the transporter and passes to the client what is recovered, when it is recovered, up to the claim values in clause 8. If nothing is recovered, the loss stays with the client. |
| Never loaded (for example left in the Namibian cold store, or offloaded because the truck was full) | Those cartons are not invoiced. They are shipped on a later truck or credited under clause 10, at the client's choice. |
| Where the loss happened is not yet proven | Deep Harbor investigates with the supplier and transporter and reports to the client in writing before either case is applied. |
8. Damaged or short goods at delivery
- Damage and shortages must be recorded at delivery, on the delivery or offload note, and signed by both the transporter's driver and a representative of the client before the truck leaves.
- A claim that was not recorded and signed at delivery cannot be accepted.
- Claim values. A claim recorded and signed at delivery is valued per carton at the price on the client's invoice:
A carton that is neither missing nor damaged as defined above carries no claim.Carton Claim value Example at US$35 per carton Missing (counted short against the loading documents) 100% of the invoice price US$35.00 Damaged (shows signs of having defrosted and is actively bleeding) 25% of the invoice price US$8.75 - Deep Harbor lodges signed claims against the transporter or supplier and passes to the client what is recovered, up to and never exceeding the claim values above. If less is recovered, the client receives what was recovered. Deep Harbor is not otherwise liable for goods not delivered in ideal condition.
9. Substituted goods
- If the supplier loads a different size or grade from the one ordered, Deep Harbor notifies the client in writing.
- The client may (a) accept the goods at the price of the goods actually delivered, with any difference credited under clause 10; or (b) refuse them, in which case Deep Harbor delivers the ordered goods on a later load or credits the prepayment for them under clause 10.
- If the client does not reply within 5 business days of the notice, the substituted goods are treated as refused and (b) applies.
10. Credits and refunds
- Money owed back to the client for goods not delivered is held as credit on the client's account for the next order.
- On the client's written request, the credit is paid out in cash within 25 days of the request.
11. Changes, law and courts
- These Terms may be updated. The version in force on the invoice date applies, and each version remains available online with its date.
- These Terms are published in English and in French. If the two versions differ, the English version prevails.
- These Terms are governed by the laws of Zambia. Disputes are heard in the courts of Zambia.