Terms and Conditions for Services
(Last Revised on September 2018)

General Terms and Conditions for Supply of Goods and Services

1. Offer, Acceptance, Exclusive Terms, Identity of Buyer:
Each purchase order issued by Buyer (“Order”) is an offer to FYTES Trading and Consultancy or its affiliate or subsidiary for the purchase of supplies, goods, services, or goods and services described in the Order (individually and collectively, the “Services”) and includes and is governed by these Terms and Conditions (collectively, “Terms” or the “Agreement”). The Order supersedes all prior agreements, orders, quotations, proposals and other communications regarding Services covered by the Order, except that a signed prior agreement (such as an award letter, Master Services Agreement, Supply Agreement, Statement of Work or Non-Disclosure Agreement) will continue to apply and govern to the extent the terms therein are mutually accepted. Any other modification of our Terms must be expressly stated in the Order and make specific reference to the section of the Terms that are to be modified, or by a written amendment executed by both parties. Any reference in the Order to any offer or proposal made by FYTES Trading and Consultancy is solely to incorporate the description or specifications of Products in the prior proposal, but only to the extent that the description or specifications do not conflict with the description and specifications in the Order. The buyer accepts these Terms and forms a contract if any of the following is performed by FYTES Trading and Consultancy: (a) commencing any work under the Order; (b) accepting the Order in writing; or (c) any other conduct that recognizes the existence of a contract with respect to the subject matter of the Order.

2. Time Period of Order

Validity of the Offer by FYTES Trading and Consultancy shall be quoted in the proposal and remains valid. In cases that no expiration date is given in the Proposal, the validity of the offer shall be 30 days after the date of the Offer. Subject to Buyer’s termination rights, the agreement formed by the Order is binding on the parties for fixed period from the date the Order is received or, if an expiration date is stated in the Order, until that date.

3.Quantities, Delivery, Material Releases

Quantities listed in each Order as estimated are based on best estimate of the quantities of Products for the contract term specified in the Order. If no quantity is stated or if the quantity is stated as zero, FYTES Trading and Consultancy is not obligated to supply Buyer’s stated requirements for the Products in quantities as may have been specified by the Buyer in any form of communication. For any order received with specified quantity, the Buyer is required to purchase no less than 20% of the quantity in the order and up to 20 % of the those quantities identified as firm orders in material authorization releases, manifests, broadcasts, or similar releases transmitted by Buyer to FYTES Trading and Consultancy or, for services, to the extent expressly stated as a firm order.

4.Payment

Unless different payment terms are stated in the Order, or required by law, payment on proper invoices shall be received within 14 days from the invoice posting date on the next scheduled payment run. Any advance payments shall be effected conditionally as per the original offer. Payment will be made in the currency expressly stated in the Order; if no such currency is noted, payment will be made in U.S. Dollars.

5.Governing Law, Arbitration, Jurisdiction

Unless stated otherwise in the applicable Country Supplement the Order is to be construed according to and governed by the laws of the jurisdiction of Ethiopia.