Trade & Quality Terms — MG SALES Sp. z o.o.
Last updated: 2025-08-22
Definitions
- Shipper – Seller of the goods and exporter (MG SALES or legal successor).
- Buyer – Company buying the goods (may be same/different as Consignee).
- Consignee – Company named on the B/L to receive the goods.
- Notify Party – Company to be notified at arrival.
- Discharge – Gate-out time recorded by port/terminal system.
- Packing List – Document with quantity and specs of goods.
- Independent QC report – Inspection by SGS, Bureau Veritas, Intertek, or equivalent.
- Invoice – Commercial invoice issued by Shipper.
- Bill of Lading (B/L) – Shipping line document; receipt and title.
- After Discharge – Time counted from Discharge (Gate-out).
- VGM – Verified Gross Mass of packed container, per SOLAS.
- Weight Certificate (Weight Slip) – Official weight from certified scale/terminal at loading.
- KYC – Documents and process to verify Buyer’s identity and financial standing.
Quality Control
- Apples are inspected and documented before loading in Poland.
- Buyer receives photos/videos from packing. Container number is confirmed after gate-in.
- Order must specify: variety, size, color, packing type.
Claims
- Submit any claim within 48 hours after Discharge.
- Send claims to WhatsApp: +48 781 408 204 (official MG SALES QC contact).
- Include photos, videos, and an Independent QC report (PDF or official email).
- Verbal or unsupported claims are not accepted.
- Claiming party pays for the Independent QC report; Shipper may reimburse if claim is valid.
- Late or incomplete claims are not processed.
- For inland delivery >300 km from seaport, deadline may be extended by written mutual agreement.
Weight & VGM
- Shipper declares VGM before shipment (SOLAS). On Buyer request and cost, container can be re-weighed at port before gate-in.
- Binding reference for weight disputes: Shipper’s VGM and/or official Weight Certificate issued before gate-in.
- Claims based only on destination weights are not conclusive unless agreed in writing.
- Any special weighing/tare needs must be requested in writing before shipment.
Accepted Claims
- Major quality deviations vs. pre-shipment report (rot/decay, wrong size, packing damage).
- Underweight/shortage vs. Packing List, supported by Weight Certificate at loading.
Excluded Claims
- Natural variation up to 5% in fresh produce.
- Market price changes after shipment.
- Minor cosmetic issues not affecting quality.
Settlement
- Valid claims: credit note or adjustment on next shipment.
- Undisputed balance must be paid on time; late payment may suspend future deliveries.
- Statutory interest per Polish law applies to late amounts.
- Parties first try to solve disputes amicably.
Payment Terms & KYC
- Without full KYC: 100% prepayment before loading.
- After KYC: 50% before loading, 50% within 7 days after Discharge.
- With positive history: possible extension up to 30 days after arrival (subject to approval).
- Currencies: USD, EUR, AED, GBP, PLN. Payments by bank transfer (TT).
- Containers must gate out within 7 days after Discharge. Demurrage/detention/storage beyond free time = Buyer’s cost.
- Main terms: CFR (destination costs beyond free time = Buyer) and EXW (all freight/insurance/clearance = Buyer).
- Bank detail changes must be confirmed by phone with MG SALES official contact. Payments to unverified accounts are at Buyer’s risk.
- Payment terms and KYC must be updated yearly and when ownership/bank changes. Seller may suspend deliveries until updated KYC is received.
- If FX rate moves >5% between invoice date and payment date, parties will renegotiate in good faith.
KYC Documents (example)
- Trade License
- Import/Customs Code / EORI / IEC
- VAT/TIN number
- Authorized contact ID/Passport
- Company profile (website/visit card/social link)
- Bank details (beneficiary = Trade License) + SWIFT
- Last 6 months bank statements
- Latest audited financials
- Bank reference letter (issued within last 6 months)
Notes: CFR = destination costs beyond free time are for Buyer. EXW = Buyer handles freight, insurance, customs.
Import Documentation
- Before cooperation starts, Buyer provides a checklist of import requirements (certificates, documents).
- Extra/urgent certificates requested after booking are at Buyer’s cost unless agreed.
Shipping Instructions & Drafts
- Buyer provides full details: registration numbers, addresses, emails, phones, responsible persons.
- Final shipping instructions: min. 72 hours before loading.
- Draft Invoice, Packing List and B/L sent for approval. Buyer must confirm or comment within 24 hours; no reply = accepted.
- Claims/instructions are valid only if received and confirmed by MG SALES via Email or WhatsApp.
- Late corrections are at Buyer’s cost.
Dispute Resolution & Governing Law
- EU & UK Buyers: If no agreement within 30 days, disputes go to the competent court at Seller’s registered office in Wroclaw, Poland. Governing law: Poland.
- Non-EU Buyers: If no agreement within 30 days, disputes go to arbitration (DIAC), seat Dubai, UAE, proceedings in English. Award final and binding. Governing law: Poland, unless agreed otherwise in writing.
- Parties will attempt mediation before court/arbitration.
- Court/arbitration decisions are final and enforceable internationally.
Communication (Official Channels)
Email:
[email protected]
WhatsApp:
+48 781 408 204
Instructions or claims sent elsewhere are not valid.
Force Majeure
- No liability for delays/non-performance caused by events beyond control: natural disasters, strikes, port congestion, war, sanctions, export bans, sudden import rule changes, loss of import permits, government restrictions.
- Force majeure pauses performance but does not cancel payment for goods already shipped.
Kind regards
Maciej Gotowicki
CEO, MG SALES Sp. z o.o.