CONTRACT FOR THE LONG-TERM SUPPLY OF PET

PREFORMS AND CLOSURES

This Agreement made and entered into by and between Roha Pack Plc
registered and existing under the laws of located at Addis Ababa City, Nefas
Silk Lafto Sub-City Woreda --------House No : New, Tin Number
0000010107( hereinafter referred to as the Supplier)
AND

Moha Softs Drinks Industry S.C registered and existing under the
laws of located at ------------City, --------------Sub-City Woreda --------House No
---------Tin Number -------- (hereafter referred to as the Customer) on the
---------day of ---------, 2016.
Whereas the Supplier carries on business in the manufacturing and supply of
PET PREFORMS AND CLOSURES ;
Whereas the Customer wishes to purchase certain amount of the Goods
manufactured and supplied by the Supplier, details of which / Specification,
Unit Price, etc../ are set out in Annex 1- (the Goods) and the Supplier
is willing to sell such Goods to the Customer;
Now, therefore the parties hereto agreed under the following terms and
conditions.

1. Supply of the Goods

During the period of this contract, the Supplier shall sell and the Customer shall buy
the goods stated under Annex-1, subject to the following provisions.
1.1.
The specification of the Goods shall be as set out in Annex- 1,
attached to this contract,
1.2.
The Supplier shall inform in writing the change in the price of the
goods due to variation in cost of production as per Article 3.1 below, and the
Customer shall respond within 10 days receipt of notice. If the Customer fails
to respond to the price change, it shall be deemed to have accepted the
price. In case of explicit non acceptance of the price change of a particular
good, the Goods in question shall cease to be subject to this contract, and
where the Goods in question form all or a substantial proportion of the Goods
covered by this contract, either party may terminate this contract by giving
written notice to the other party.
1.3.
The Customer, unless prevented by force majeure, shall order from
the Supplier not less than the minimum quantity of the Goods specified in
Annex- 2 in each budget year.

2. Procedure for ordering and delivering the Goods

2.1.
The Customer shall, not less than 7 working days before the beginning
of each Month give the Supplier its written order for the Goods to be
delivered to the Customer during the Month.
2.2.
The Customer shall notify the Supplier in writing of:
2.2.1 Its estimated orders for the Goods for each year during the Term,
within three months prior to that year; and
2.2.2 Any revision to these estimates, as soon as practicable after they are
made.
2.3.
The Customer shall be responsible to the Supplier for:
2.3.1 Ensuring the accuracy of each order ,
2.3.2 Promptly giving the Supplier all necessary information relating to the
manufacturing of the Goods,
2.4.
The Supplier uses its reasonable commercial endeavors to deliver the
Goods on the estimated delivery date for each order.
2.5.
Delivery of goods is ex-factory or at Suppliers Factory gate,
2.6.
In case the Goods are delivered in returnable Metal Crates to the
Customer, the later shall make utmost effort in emptying the crates and
returning to the Supplier for subsequent delivery,
2.7.
The Customer is not entitled to obtain from any other local supplier
Goods which are subject to this contract unless the Supplier is unable to
supply in accordance with the Customers orders.

3 Price of the Goods

3.1.
Price of goods shall be as shown in Annex-1 ,
3.2.
Price of goods will stay unchanged during the period of this contract
unless and otherwise there is significant factor which calls for price revision.
3.3 The supplier shall Give the Customer not less than Thirty (30) days notice in
writing of any alteration in the prices.

4 Payment
4.1
The Customer shall advance 50% of the total value of Each
Monthly Order , and shall settle the remaining balance within the same
Month. Subsequent new delivery will take place ONLY on full payment
of the Dispatched order amount.
4.2
All payments shall be made without any set-off, deduction
except for any tax which the Customer is required by law to deduct or
withhold or any mutual agreement.
4.3
If the Customer fails to pay the price for any Goods in
accordance with this contract the Supplier may (without limiting any
other right or remedy):

4.3.1. Cancel or suspend any further delivery to the Customer under

any order;
4.3.2. Sell or otherwise dispose of any Goods which are the subject of
any order by the Customer.

5 Warranties relating to the Goods

Subject to the following provisions, the Supplier warrants to the
Customer that:
5.1 The Supplier will have good title to the Goods supplied under this
contract;
5.2 The use or resale of the Goods supplied under this contract will not
infringe the patent, design, copyright, trademark or other intellectual
property rights of any third party; and
5.3
Subject to Article 5.4, the Goods supplied under this contract will
comply with any specification agreed for them and be free from
defects in material and workmanship.
5.4
The Supplier shall be under no liability in respect of any defect in
the Goods arising from wear and tear, any willful damage, Nonstandard storage, negligence, subjection to abnormal working
conditions, misuse or alteration.
5.5
In the event of any breach of the Suppliers warranty under
Article 5.3, the Suppliers liability shall be limited to repair or (if that
is not practical) replacement of the Goods in question; or repayment
of any part of the price for the Goods in question which has been
paid.
5.6
All other warranties or other Terms express or implied by statute
or otherwise are excluded to the fullest extent permitted by law.

6 Duration, termination and consequences of termination

This contract will take effect on the date of its signature by both
parties and shall continue for a period of 5 years.
6.2.
Neither party shall have the right to terminate this agreement
without material breach by the other party which it fails to remedy
after receiving a 60 days written notice.
6.3.
In the incidence of termination, The Customer has obligation to
pick up and settle the price of the goods it has ordered and the
Supplier is obliged to deliver remaining amount as per the submitted
order, terms and conditions.
6.1.

The termination of this contract for any reason shall not affect
partys accrued rights, remedies or liabilities including payments due
at the effective date of termination.

6.4.

7 Force majeure
7.1.
Force majeure shall have the same meaning as the one given
under the relevant provisions of the Civil Code of Ethiopia.
7.2.
A party affected by force majeure shall not be deemed to be in
breach of this contract, or otherwise be liable to the other, by reason of
any delay in performance, or the non-performance, of any of its
obligations under this contract to the extent that the delay or nonperformance is due to any force majeure of which it has notified the
other party in accordance with Article 7.3. The time for performance of
that obligation shall be extended accordingly, subject to Article 7.4.
7.3.
If any force majeure occurs in relation to either party which
affects or is likely to affect the performance of any of its obligations
under this contract, it shall notify the other party within a reasonable
time as to the nature and extent of the circumstances in question and
their effect on its ability to perform.
7.4.
If the performance by either party of any of its obligations under
this contract is prevented or delayed by force majeure for a continuous
period in excess of three [specify any other figure] months, the other
party shall be entitled to terminate this contract by giving written
notice to the party affected by the force majeure.

8 Notices and writing

8.1.
Any notice under this contract shall be in writing and may be
served by sending it to the address of the other party as specified in
Article 8.2 below, in a manner that ensures receipt of the notice can be
proved.
8.2.
For the purposes of Article 8.1, notification details are the
following, unless other details have been duly notified in accordance
with this Article:
8.2.1 For the Supplier:
ROHA PACK PLC
Nefas Silk Lafto Subcity
Telephone: 0114-195142
Email: rohapackplcgm@gmail.com
Addis Ababa

8.2.2 For the Customer:

Moha Soft Drinks Industry S.C
Tel:
Email:
Addis Ababa

Annex 1: The Goods

No.

Product

1.

Preform
25gm,28mm,Natural
Preform 37gm,28mm
Preform
43gm,
28mm,
Natural
Caps, 2.6 gm,28mm

2.
3.
4.

Unit Price Before Remarks

Vat/Birr

Price
cap.

for unprinted

Annex 2: Minimum order quantities

Annex 2.1 Minimum Order for First year
N
o.
1.
2.
3.
4.

Product

Unit

Preform
25gm,28mm,Natural
Preform
37gm,28mm,Natural
Preform 43gm, 28mm,
Natural
Caps, 2.6 gm,28mm

Pcs

Order
Month

per Order
year

per

Annex 2.1 Minimum Order for year 2-5

N
o.
1.
2.
3.
4.

Product

Unit

Preform
25gm,28mm,Natural
Preform
37gm,28mm,Natural
Preform 43gm, 28mm,
Natural
Caps, 2.6 gm,28mm

Pcs

Order
Month

per Order
year

per