BUSINESS# 011149275   DATE  Tuesday, September 05, 2000 Contract #

Agreement between KEF INTERNATIONAL and IMPORTER,   

Teudat Zehut #

Delivery address:

1. TERMS AND CONDITIONS

1. The Importer named above hires KEF to order appliances as well as arrange for their pickup, packing, delivery to forwarder, shipping, customs clearing, delivery, installation, and service contract for Personal Import from the United States. Ordering and/or shipping may be held up until this contract is signed by both parties and payment received; this may result in expenses to the importer and cancellation of discounts. All items are always subject to availability and price change, in which case the Importer may decide to cancel, substitute, or agree to pay a new price for a specific item.

2 The Importer understands that the order will be forwarded to forwarders in the USA, that KEF is a forwarder for personal import and not responsible for implied or explicit warranties of service. In Israel Kef's service providers reserve the right to assign surcharges or refuse delivery, installation, and or service of appliances to areas which they deem unsafe. Though Kef makes every effort to confirm pricing and availability of these services before signing the contract, these are subject to change at any time.

3. The Importer understands that the order will be forwarded to wholesalers in the USA, that KEF is a forwarder for personal import and not responsible for implied or explicit warranties or to check the standards institute rating ( techen) or suitability for use in Israel—of any appliance.

4. This contract represents the complete agreement and cancels any previous oral or written contracts or representations by Kef, its employees or managers.

5. KEF is an orderer, an agent for personal import, not a seller, manufacturer, manufacturer's agent, wholesaler, or retailer and is not responsible for the Importer's understanding of the features, specifications, and requirements of the products. Kef has no responsibility for information, instructions, or agreements communicated between the Importer and Kef agents--all such communications must be directly between the Importer and the Kef office in Jerusalem.

7. KEF will also arrange the following (charges are in US $)included above

marine insurance $100 deductible (unless indicated otherwise in the spreadsheet above), . Replacement value in Israel 2 months each in foreign warehouse + in Israel port extendible when in suitable warehouse upon extra payment (.27 %/month +$15/extension). Sample policy attached with other conditions and subject to conditions of the open marine policy.

Kef bases its prices on fair market value and is under no obligation to pass on discounts it receives as a volume purchaser of services and products.

Sharing discount: The importer must have all documents and payments in order upon arrival of the shipment in Israel and be willing and able to take delivery as soon as possible after clearing, unless a separate bill of lading is requested well in advance of shipping. Failure to fulfill any of these conditions will result in cancellation of the discount, valued at $230.

***Deposit towards possible additional fees including though not limited to storage, container rental, port, communications, devanning, terminal handling, strike, detention fees, all of which are the responsibility of the importer and due before arrival of the shipment in Israel: less than full container $0.20/cft, $150 min, 20 foot $250, 40 foot $350. All plus vat, as per law.

VAT on all Israel services: customs clearing, delivery, documents, service contracts, commissions, communications, and taxis and devanning.

8. Disputes: Any and all disputes will be handled via an English speaking arbitrator/Beit Din located in Jerusalem.

9. Not included:

Any over/under billing caused by arithmetic errors. (usually in Excel!)

origin UPS/Fedex or other transport within the country of origin except where specifically billed for. Storage $0.35/cft/month. Storage insurance.

Destination: Porterage of extra heavy (i.e. Subzero s/s)or large or extra items. Customs inspection. Storage. Storage insurance. Disassembly of goods\doorframes (USE A SPECIALIST,NOT A TRUCKER). Disposal or moving of goods already at the site. More than 28 steps int\external\down or more than 25 meters truck to building entrance ($0.25\cft\floor or 25 mtrs.) Minimum *$30+vat\xtra flr\shipment. Hoisting. Delivery outside of metropolitan centers: Haifa, Tel Aviv, Jerusalem. $50 plus costs for each change of venue for goods to/from storage/delivered shipment. $125 + VAT charge for second or more deliveries. Installation OF PANELS FOR DISHWASHER OR REFRIGERATOR.

Appliances: Service contracts, except where specifically bought and paid for. Revisit of installation site due to non-readiness of site or Importers request to install various appliances at different times. Change of door opening side of refrigerator. Where Kef supplies a service contract from another party, as is the case with some Sony, GE, Subzero, Maytag and other products and where there is a difference between that contract and the Kef service contract, the contract from origin will hold sway and there maybe charges at destination for parts required for installation.

11. Payment: $ payments must be in the form of bank or personal checks drawn on US accounts or direct bank transfers. All shekel payments must be at the high cash rate of Bank HaPoalim.

1st payment: upon signing, 50% of total. $ check/NS at the high cash rate. 2nd payment: 25% of total when shipment sails from the US. $ check or NS at high cash rate. High Cash Rate per Bank Hapoalim.
3rd payment: balance when shipment arrives at the port in Israel. This payment must be NS at high cash rate. High Cash Rate per Bank Hapoalim.

3.5% penalty late charge on payments 5 days overdue or more. Returned checks are considered to be late payments. All items subject to availability. If the Importer cancels less than 5 days after he signs, and Kef is able to cancel or change items, the importer agrees to pay: Changes $75 per major appliance, $25 per small; cancellation, as for changes plus 25% of base of appliance. Cancellation more than 5 days after contract date, 40 % of gross contract amount of each/all items (including base, shipping, insurance, service, clearing, and delivery). If Kef is unable to cancel and/or change items, payment will be due in full as per this contract. Late last payment will also result in cancellation of discounts and addition of other fines.

Dollar wire transfer to:
Washington Mutual Bank, 15200 Sunset Blvd., Pacific Palisades, CA 90272, tel. 310 454 0341, Routing #321 180748, Acct. # 8713355564 Acct. of Neil Kummer c/o Kef International, attn. Mgr. Anthony Moraga. Note that transfers are subject to a $20 transfer fee.

Dollar check made out to Neil Kummer and mailed to:

Kef, 14999 La Cumbre Dr., Pacific Palisades, CA 90272 or Kef, 2A Giladi, Jerusalem 93385

Shekel bank transfer to:
Bank Hapoalim, Derech Hebron 101, Jerusalem 93480
Branch 748 Account of Kef International: account 396489
Credit card payments are subject to 3% surcharge.
Dollar cash payments are subject to 1% surcharge.
Sample marine policy, service contract, instructions for clearing, delivery, and installation under separate cover are considered part of this contract.

  service contract

          Where an appliance comes with a service contract from origin, as is the case with some Sony, GE, and Maytag products  and where there is a difference between that contract and the Kef service contract, the contract from origin will hold sway and there maybe charges at destination for accessories required for installation.

To get permission for all any service calls, you must call KEF first.  Otherwise you will be billed for the call.

  KEF is responsible by virtue of this service contract for the work of installing and repairing the appliance(s) detailed below.   For the purposes of this contract " means "and/or".  The service is according to the following conditions:

1. The appliance is in its term of one year beginning on date of installation (up  to one year from date of  delivery)  or, where installation is not required, on date of delivery to the Importer's  home or warehouse.   Where installation or use is delayed, the  Importer may delay the term for storage with written  permission from KEF.

2. KEF is responsible for:  a) installation of: washer, dryer and venting

material for the dryer (though the material is  not  supplied  for free), fridge, freezer, oven, dishwasher, stovetop,  b) to fix/replace parts as needed,    and c)  to notify the  customer of any changes in parts.

3. The price of the service contract includes:  visit to the customer's house

for refrigerator, washer, dryer, dishwasher, oven, air conditioner only, the serviceman's repair work on the appliance,  and necessary parts for installation (where installation is included) and repair.   The Importer agrees to wait for the import of parts from abroad, if necessary (in the case that parts are not available in Israel). The Importer located outside of the metropolitan areas described below agrees to wait for availability of service people to go to their area.   Revisit of installation site due to non-readiness of site will be charged to the Importer at NS 160/hour.    Visits to the customer house for the purpose of repairing appliances where the technician finds no problem or that the problem is caused by conditions—such as site conditions-- not covered in this contract will be billed to the customer at NS 160/hour.

4. This contract is null and void if the appliance has been subjected  to: 

a) installation by an agent not  authorized  by KEF   b)  use of the appliance contrary to instructions supplied by  KEF authorized service agents or by the manufacturer   c) force, major disturbances/breakdown in electrical/gas/water systems  d) irregularities in the outlet into which the appliance is plugged/lead/fuse/earth not part of the  appliance  e) repairs/changes  not authorized by and carried out in the name of KEF  f)use of the machine for commercial purposes/by  more than one household   g) transfer of the appliance from the home of the customer recorded below unless Kef is notified and gives okay . 

5. This service contract includes parts and labor but not parts or labor for:

a) glass,plastic, rubber parts, or antenna connections  b) body work, paint, chrome plating,   c) cooking ovens, washers, dryers:  electronic controls, clocks, timers, ignitor coils, conversion kits   d) refrigerators: ice cube makers, ice/water dispensers, filters,     e) light bulbs and venting,   f) videos:  play/recording  heads  g) stereos:  speakers,  phono  cartridges/need­les, play/record heads, h) preparation of instal­lation site such as bringing proper plum­bing/electricity/antenna to the site,  i) transpor­ting appliance from/to customer's home, j) damages or deterioration resulting from  storage, k) distance charges for customers living outside of metropolitan Jerusalem, Tel Aviv, or Haifa. 

6. Transfer of this service contract only with KEF authorization and a paid explanation of use of the appliance.

7. Renewals.  This service contract is extendible.  KEF must receive payment

for the renewal before the end of the year.  If you have not paid and your appliance needs repair, you are responsible for the repair before the contract can be renewed.  The customer must notify KEF of his desire to renew his service contract.

·         Installation does NOT include preparation of the site of installation. 

·         Make sure that you have the right plumbing, gas,  and electrical fixtures BEFORE setting a date for the  service-people to come.  For dishwashers,   especially.   The following are preliminary works which are NOT done by service agents:

1. Installation/moving of electric outlet-use an electrician.

2. Installation\moving of water faucets\standpipe-use a plumber.

3. Installation or moving of a gas outlet-call the gas company.

4. Making the hole for air conditioner into its wall opening  (use an air conditioning specialist). 

Note:  there is no installation included for TV, microwave, video, hood, or any small appliances.

Preparation of Site,

The following should be prepared before installation  by  service agents.

These specifications  are GENERAL  GUIDELINES.   It is possible  that  the  exact requirements of  your  machine  differ.

REFRIGERATOR, FREEZER

1.  Electric power outlet 10-15 AMP (230 V 50 Hz)

2. For  refrigerators with ice maker/water  dispenser,  a SAGIV faucet (cold water) with a 1\2" or 3/8" thread should be installed  close to the refrigerator.   A FILTER SHOULD BE PURCHASED FROM THE INSTALLATION TECHNICIAN.

AIR‑CONDITIONER

1. A  special electric outlet, (air-conditioner outlet of at least 15 AMP) installed very close to the final position of the air-conditioner. 

WASHING‑MACHINE (U.S. MADE)

1.  A cold water faucet and a hot water faucet with an outer thread of 3\4".

2.  A stand-pipe with an inner diameter of at least 2" and  a minimum height of 90 cm from the floor.

3.  An electric outlet (10-15AMP) close to the machine.

4.  It is OK to have the machine parallel to the wall.

WASHING-MACHINE (EUROPEAN)

1. A cold water faucet with an outer thread of 3\4".  Some machines may use both hot and cold water faucets. 

2. A Stand-pipe with an inner diameter of at least 1-1\4" and  a height of 60 cm from the floor.

3. An electric power outlet, of at least 15 AMP in close to the machine.

GAS DRYER

1.  A regular electric outlet (10-15 AMP).

2.  A  gas outlet in very close to the dryer in a place that is EASILY seen and reached.

Maytag dryers:   maximum distance from machine to outlet of the

flexible hose: 5 meter without elbows, elbows count as 1.5 meters. The venting duct is 4” wide with a maximum of 50 feet rigid aluminum ductwork.  Subtract 8 feet for each 90 degree elbow and exhaust hood.  For flexible tubing,

STACKING KIT FOR MOUNTING USA DRYER ON TOP OF USA WASHER

Frame dimensions:   W 75 cm, H 247 cm, D 80 cm

For the Maytag washer/dryer stacked combination (#7806), see American washer above and electric dryer below.)  Some technicians –and the Maytag documentation insist on 25 amps.  Some technicians have installed with only 20, since the dryer is not full size.  We have several customers who use both the washer and dryer at the same time on 20 amps.  There is one power cord.

The center of the 4” vent on this machine is located 110 cm from the floor and 34.5 cm from the side of the machine. The height of the machine is 73”, depth and width are 29.5”, depth of the dryer is 21”.

ELECTRIC DRYER, small + large

1.  A special electric outlet (british air-conditioner outlet of at least 15  AMP) very close to the machine.  A large electric dryer requires 30 Amps as well as an air-conditioner outlet.

DISHWASHER (BUILT‑IN)

1  A 15 amp/230 volt/50 herz power outlet in cabinet under sink.

2. A hot water faucet (3\4" thread) in cabinet under sink.

3. A drainage nipple in cabinet under sink.

4. An opening of 2" diameter (4" for new GE models) in cabinet side  between the dishwasher and the sink very close to the back wall, and at a height of 20‑30 cm from the floor.

STOVE (GAS, FREE-STANDING)

1.  An  easily accessible gas outlet  close  to  the stove

2.  A regular electric outlet very close to the stove.

OVEN (GAS, BUILT-IN)

1.  A  gas outlet in cabinet above,  below or next to the  final position of the oven (not in the oven cabinet).

2.  A regular electric outlet in cabinet above the oven.

COOK-TOP (GAS, BUILT-IN)

1.  A regular gas outlet in cabinet below cook-top.  If the range has  electric ignition (not a battery) a regular electric  outlet must be arranged in the cabinet below the range.

PREPARING YOUR HOUSEHOLD GOODS SHIPMENT

The Importer must tell Kef at least two weeks before pickup:

*. Addresses, dates, and times of day you want pickups. 

*. Description and quantity of goods that:

  A.  Need professional packing (furniture, dishes..)

  B.  You will pack yourselves-how many   boxes to drop-off.

  C.  Require special packing or crating.  

  D.  You want to store in Israel-and list of goods to be delivered.

  E.  You are delivering or mailing to the shipper.

  F.  May need certificates of origin.    

PACKING LISTS

A numbered packing list-including description of apparent defects in your goods-must be made up by the shipper and presented to customs.  It is the Importers responsibility to make sure this is done;  it is not enough to make your own list.   

For goods you pack yourself (PBO=Packed By Owner) you must make another detailed, numbered list.   We recommend using room codes and numbers, such as LR1 for the first living room box.  Use both the shippers and your own lists to check inventory upon delivery and to prove to the insurance  company that everything was shipped. 

SHIPPING  INSURANCE 

Before goods are picked up, your insurer needs a detailed list of all your goods with USA and Israel replacement values.  Israel values are usually 3.5 x USA value for electrical goods, 2.5 times for household goods, and 1.5 times for collectibles.  If you insure for less than full value or omit items from your insurance list, your shipment is underin­sured and you will be underpaid for any claim, proportionally.

Make separate lists if part of your goods are to be stored and the other part delivered. To assure insurance coverage of surface damage and denting of used items take pictures and make sure the packer records any scratches or other damage on the packing list.

BOXES YOU PACK YOURSELF

These are listed by the shipper as PBO-packed by owner.  They are covered for loss and theft only-and only if you submit to the insurer a detailed, complete list of contents before pickup.  PBO's are not covered for breakage, chipping, scratching, denting, staining, tearing, or surface marring. 

VALUABLES

For silver, gold, antique, rugs, furs or art objects insured for more than $1000 per item, the Importer must submit to KEF a third party evaluation:  an assessment, invoice, or home insurance before pickup.

EXTENSIONS

You are covered 60 days at the shippers warehouse in North America and 60 days in Israel. To extend in either case, the Importer must give notice and pay for the extension before the expiry date. The cost of extension is $2 per $1,000 per month.   Neither the insurance company nor KEF has respon­sibility to extend without your timely request and payment.

STORAGE

You have one month free storage in America; sometimes you can arrange for more.  If you are an oleh/ah, you are entitled to one month free at the port in Israel after which you pay 50% of the going rate. The discount rate is $1/day/metric ton (2,200 lbs.) + VAT or part thereof. Full con­tainers must be cleared and delivered within  4 days to avoid high storage and rental fees. You can leave your goods for several months at the subsidized rate.

AUTHORITY TO SHIP

If a relative or friend of yours gives instruc­tions to our shipper to go ahead and ship, KEF cannot be responsible to verify that everything that was supposed to be is actually in the shipment. 

ACCEPTING DELIVERY

First and foremost:  if you have any problems, call KEF. We are fully empowered to handle all delivery problems.   Have more than one person at home-one to watch the truckers unload and mark off the packages from the packing list as they come off the truck, the other to direct the porters where to put things.  As soon as the truck arrives, send the watcher down.  The truckers will remove gross debris;  he will not move the crate wood for you. 

Truckers will not put furniture together, except by special agreement.  Have the truckers remove major appliances from their boxes and put them where you will want them installed;  you could be charged for this by the serviceman.    Do not let a refrigerator be laid on its back for more than a few seconds.  If it cannot get through a door, the truckers can (for $) take the fridge door or the door frame off.

Signing the release

If the container seal is broken or any box or crate are open when you first see them, or if there is any sign of damage, write it on the delivery receipt. If the trucker does not have a receipt, make one up and keep a copy for yourself.  Be as detailed as possible.  In any case, write, "Contents uninspected."

It is technically impossible to claim loss if the shipment arrives perfectly intact and you make no mention of shortage on the delivery receipt. You must check the pieces arriving against the packing list and record the results of your check on the receipt.

Insurance Claims

If goods are damaged or missing, save the evidence-the packing and the broken items.   Officially you have 3 days to register a claim.  If you need longer, notify the claims department.

To begin the claims process, call and follow up with a letter to them, the shippers, and the truckers.  Your original certificate of insurance includes a claim form which you must fill out in detail and return with the original first page of the policy, customs form, subrogation form, packing list, and copies of the letters to the carriers.

Customs Clearing and Delivery

For the purpose of arranging clearing, bring the following documents to the designated customs clearing agent. We need original teudat oleh, original US passports of both spouses – be sure the ashrat oleh is stamped inside -, original Israeli passports of both spouses, photocopies of invoices of goods you purchased, and housing contracts. 

* Teudat Oleh.    Photocopy of Imigrant Visa.   Extensions are almost always written on a separate piece of paper.  Make sure you have a customs extension, not only a Misrad Klita extension. Teudat Tipul is needed, if you lost your Teudat Oleh. 

* Passports.

 Original passports of both spouses – US and Israeli.  Be sure “ashrat oleh” is stamped inside US passports.  We keep the passports for the duration of the clearing process.

Returning resident: You must have your passport stamped by your local Meches office before attempting to clear your shipment.  We need a photocopy of the first page including the picture and any page where the stamp of customs appears.   If you are married, then a copy of the page signed by customs saying, “See the passport of the spouse.”

* List of contents.

  A detailed list of contents including USA values and whether new or used.  For new electrical items, supply invoices.  For goods packed by yourself, detailed list of contents of each box. 

*  Housing Contract.

   Rental or purchase agreement or a statement from your Merkaz Klita.  The meterage determines the amount of carpeting and household goods you can import.   If you have a room‑mate, bring a separate contract or proof that the apartment does not come with any of the major appliances you are importing. 

*  Status of  Spouse. 

   If your spouse is Israeli or once had tax‑exempt status, you need a photocopy of page one of their Teudat Zehut and a letter from them stating when or if they used tax‑free privileges.      If your spouse is out of the country, you may need a notarized statement of their status from the consulate or a lawyer of their status.  If divorced or widowed after you acquired tax-free status,  a copy of the appropriate documentation.

Delivery Time: 

    Except for full containers, two weeks is usual for clearing and delivery. Let your clearing agent  know if you have a preferred time and date for delivery.  Within one or two days of the trucking date, they will call again to fix the date and time of day.   3 hours is  a common margin of error.

Tipping:        Appropriate tips:  35-55 NS per person-the driver too-for small shipments (up to 200 cubic feet) , 65-80 NS for medium (up to 500 cft.), 100 NS for larger shipments.    

Additional delivery charges for:  more than 28 stairs inside or outside or up or down, hoisting,  Old City (or anywhere out of Jerusalem proper, greater Tel Aviv, or Haifa and its suburbs), where the truck cannot park closer  than 25 meters to the door of the building, or where goods or doorframes have to be dis-assembled.

Wood Crates:   Unless your shipment was sent with TDY, the crates belong to you.  Unless you make a point of it, the trucker may take them away without asking you.  

INSTALLATION OF YOUR APPLIANCES.

  If you purchased a service contract, installation is included for washer, dryer, dishwasher, refrigerator, freezer, oven, and stovetop only.    To arrange installation and to get more detailed information about preparation of site, call the designated service company.

  All service companies require that the appliances be in your home before scheduling an appointment.     Installation does not include preparing the site--plumbing, electricity, carpentry. Review it with the appropriate technician and read the  service contract to make sure everything is ready.  

To arrange installation and to get more detailed information about preparation of site, call Kef.

Service contracts for microwave, TV, video, and stereo-do not include installation If you are using the  manual and need help, call our friendly Jerusalem technician:     Yosi 522-523. 

    For about NS 60, he will come to your home to set things up.  Note: TV's comes without coaxial cable to connect to the antenna jack.  Stereo comes without speaker wire and plug adapter.  Phones + Electric Calculators may come without 220 volt adapters, available here for NS 13‑15.  Many appliances--small and large--come without plugs,  since these are export models exported all over  the world.  The technician will affix them free of charge, if you have service contracts on your major appliances.