Terms & Conditions

Last updated: February 2026

1. Scope and Application

These Terms and Conditions ("T&Cs") apply to all contracts for the sale and purchase of materials ("Materials") by ASZ Company FZCO ("ASZ"), whether ASZ acts as seller or buyer. These T&Cs take precedence over any terms proposed by the counterparty unless expressly accepted in writing by an authorised representative of ASZ.

2. Contract Formation

Contracts are formed only upon written confirmation by ASZ. All quotations issued by ASZ are non-binding and subject to change without notice. No order placed by the counterparty shall be deemed accepted until confirmed in writing by ASZ.

3. Price and Payment

All prices are quoted exclusive of VAT, duties, and other applicable taxes unless otherwise stated. Payment terms are three (3) days from the date of invoice unless otherwise agreed in writing. Late payments shall incur interest at a rate of 1% per month on the outstanding balance. ASZ reserves the right to suspend deliveries in the event of non-payment.

In the event that any reference index or pricing mechanism becomes unavailable or ceases to be representative, ASZ may determine alternative pricing at its reasonable discretion.

4. Delivery and Risk

All delivery dates are estimates and time shall not be of the essence. Risk in the Materials shall pass to the counterparty in accordance with the applicable Incoterms, notwithstanding any retention of title. ASZ shall not be liable for delays caused by force majeure events or failures attributable to the counterparty. Partial deliveries are permitted.

5. Retention of Title

Title in the Materials shall remain with ASZ until full payment has been received. The counterparty shall store the Materials separately, maintain appropriate insurance, and shall not dispose of the Materials without prior authorisation from ASZ.

6. Quality and Claims

Weight claims must be submitted within ten (10) calendar days from the date of release. Quality claims must be submitted within twenty (20) calendar days from the date of release. Materials subject to a claim must be kept intact, unused, and stored under cover until inspection by ASZ or its appointed agent. Non-conforming materials sold on an "as is" basis carry no quality guarantees.

7. Force Majeure

Neither party shall be liable for failure to perform its obligations where such failure results from events beyond reasonable control, including but not limited to acts of God, government actions, war, civil unrest, fire, flood, epidemic, labour disputes, or supply chain disruptions. Performance shall be suspended for a period of up to sixty (60) days. Market price changes and exchange rate fluctuations shall not constitute force majeure.

8. Adverse Change

ASZ may immediately suspend performance or demand payment in full if the counterparty's financial condition deteriorates materially or if ASZ has reasonable grounds to believe the counterparty will be unable to fulfil its obligations.

9. Default and Remedies

Events of default include non-payment, failure to take delivery, insolvency, or material breach of contract. In the event of default, ASZ may terminate the contract, resell the Materials at the counterparty's cost, and recover all market losses and expenses incurred.

10. Limitation of Liability

ASZ's total liability under any contract shall not exceed the contract price. ASZ excludes liability for consequential, indirect, or special damages, except in cases of death, personal injury, fraud, or where such exclusion is prohibited by applicable law.

11. Governing Law and Dispute Resolution

These T&Cs shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these T&Cs shall be referred to arbitration in accordance with the rules of the Minor Metals Trade Association (MMTA), to be conducted in England in the English language. Alternatively, for disputes exceeding $5,000,000, the London Court of International Arbitration (LCIA) rules shall apply. ASZ reserves the right to pursue court action for payment recovery.

12. Notices

All notices and communications shall be in writing and in the English language, delivered by hand, courier, registered mail, or email to the addresses specified in the contract.

13. General Provisions

Neither party may assign or transfer any rights or obligations under the contract without the prior written consent of the other party. Confidentiality obligations shall survive for a period of five (5) years following the termination of the contract. These T&Cs constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements. No waiver of any provision shall be effective unless made in writing and signed by the waiving party.

Contact

For any questions regarding these Terms and Conditions, please contact us at general@aszcompany.com.