According to the xChange Standard Sales Contract, sub-clause 9:
(a) The Buyer and The Seller may cancel the contract or single pieces of Equipment within 12 (twelve) hours from the Accepted Date without any penalty.
(b) The Buyer may cancel the contract or pieces of Equipment if The Seller does not fulfill a Main Obligation of Section 9. (d) which is due, or does not render it in conformity with the contract.
Which are the Seller's main obligations according to Sub-clause 9 (d)?
If the Seller does not meet the Main Obligations as described below, this will automatically allow the Buyer's cancellation request:
(i) Providing the Equipment in the condition agreed upon in the Negotiated Sale Terms.
(ii) If a pick-up of pieces of Equipment (containers) at The Seller's nominated Depot has been agreed on in the Negotiated Sale Terms: Provide a Pick-Up release reference and allow The Buyer to pick up the Equipment after a pick-up notice according to Section 6 (c) (i) ⬇️
(iii) If the delivery of pieces of Equipment (containers) to The Buyer's nominated Depot has been agreed on in the Negotiated Sale Terms: Deliver the Equipment latest after a 14-day deadline given in writing by The Buyer. The deadline can only be given after the delivery period agreed upon in the Negotiated Sale Terms has ended.
What does the Section 6 (b) and (c) cover?
(b) The Seller shall, to enable an orderly pick-up or delivery process:
(c) (i) Inform The Buyer of the earliest pickup date when the Equipment is available or in case of delivery of the Equipment, inform The Buyer about the planned delivery date.