GENERAL TERMS OF SALES

GENERAL
The fact that the customer uses and / or retains any product from the supplier, or authorizes the supplier to engage in services for its benefit, will be considered as sufficient proof of the order of these by the customer, as acceptance of the present conditions and as authorization to invoice the products and / or services concerned.
These conditions are the only applicable conditions and exclude the general terms and conditions of the customer, even if differently mentionned on the voucher order, and apply to any offer and any agreement, unless otherwise stipulated in writing.
“Supplier” means, within the meaning of these General Conditions, S.P.R.L. AFRIMECA International or a related company, ensuring the sale and / or service delivery.

INTELLECTUAL PROPERTY RIGHTS
Studies, drawings, plans, diagrams, projects and documents of any kind, given or sent by AFRIMECA International S.P.R.L. to the customer, remain the sole property of AFRIMECA International S.P.R.L. and should be considered confidential.
They may not be communicated, reproduced or executed without the written permission of AFRIMECA International S.P.R.L.
The delivery of these documents is for information purposes, and cannot in any way engage the responsibility of AFRIMECA International S.P.R.L.

PRICES
The prices offered by AFRIMECA International S.P.R.L . are calculated on the basis of the price market on the day of the offer. AFRIMECA International S.P.R.L. reserves the right to calculate the final price based on the market price of the day of delivery. The prices are net “departure our stores” for material out of packaging.
Unless otherwise agreed in writing, all rights, insurance, transport costs, correspondence costs, assembly costs, start-up and adjustment of equipment and any taxes, current or future, are not included in the price and are the responsibility of the customer.
In case of all or a part of the duties, taxes and fees of any kind are indicated, any increase or decrease in these items will be charged to customers or he will benefit.
The rates for the provision of services apply during normal business hours. Outside these hours, supplements will be charged.
The delegates, agents or representatives of AFRIMECA International S.P.R.L. are not his agents. The promises and acceptances they would have to make or give are not binding AFRIMECA International S.P.R.L. after written ratification by him.

EXPEDITION, TRANSPORT, INSURANCE
All transport, customs, handling operations are at the expenses, risk and peril of the customer. The customer has to verify shipments on arrival and to exercise, if necessary, remedies against the carriers, even if the shipment was made free of charge (franco).
The client is commited to remove the material no later than 8 days after his delivery.
After this time, the equipment will be placed in storage and handled, if necessary, at the expense of and customer risks.

ASSEMBLY, COMMISSIONING
AFRIMECA International S.P.R.L. is not responsible for the proper functioning of the equipment only if its assembly, commissioning and adjustment were ordered from AFRIMECA International S.P.R.L. and were made by AFRIMECA International S.P.R.L.
When AFRIMECA International S.P.R.L. proceeds with the assembly for a lump sum, all additional expenses resulting from loss of time of which the cause is not attributable to AFRIMECA International S.P.R.L., will be charged to the customer in addition to the price of the equipment.

RECEPTION, AGREEMENT
It is the responsibility of the customer to receive the equipment in the stores of AFRIMECA International S.P.R.L. before delivery, unless otherwise stipulated.
The signature by the customer, his carrier or his forwarder, of the note of sending implies acceptance of the material.
Any claim must, to be valid, be formulated upon reception of the material and confirmed to AFRIMECA International S.P.R.L. in writing within eight calendar days from the date of delivery of the material.

GUARANTEE
The warranty granted by AFRIMECA International S.P.R.L. is strictly limited to the warranty of the manufacturers or suppliers. It does not cover shipping or travel costs.
The warranty granted by AFRIMECA International S.P.R.L. will in no case extend to breakage, damage, accidents, etc … resulting from excessive use or abnormal, neglect, faulty maintenance, forgetfulness or inexperience of those who use the material.
The warranty granted is never applicable for used equipment.
The warranty also does not cover fast-wearing parts due to their nature or their normal use.
Replaced parts remain the property of AFRIMECA International S.P.R.L.
AFRIMECA International S.P.R.L. will be exempt from any warrantee if, during the warranty period, the equipment is entrusted to third parties responsible for verifying its operation or repairing it, or if parts supplied by AFRIMECA International S.P.R.L. have been replaced by others from abroad to AFRIMECA International S.P.R.L.
In case of transfer of the equipment, AFRIMECA International S.P.R.L. will be automatically freed of any guarantee.
The customer cannot make any modification, even small ones, to the delivered material, without the written authorization of AFRIMECA International S.P.R.L.
The warranty provisions only apply if the customer has respected its payment commitments.
The customer does not have the right to postpone payments due to a claim.

OWNERSHIP AND RISKS RESERVE
The equipment sold, including accessories, remains the property of AFRIMECA International S.P.R.L. until the customer has paid the full amounts due.
However, all the risks that could run this material are borne by the customer as soon as it is put at his disposition.
If an expedition is delayed, on behalf of the customer, the balance is due, at latest, one month after the notice of availability.

PAYMENT
Unless otherwise stipulated, supplies and repairs made by AFRIMECA International S.P.R.L. are payable at 30%. Payment is due at the order and the balance before delivery or boarding.
All invoices issued by AFRIMECA International S.P.R.L. are payable exclusively at the registered office of AFRIMECA International S.P.R.L.
Any unpaid amount at the end of the term will automatically entail, without prior notice and without prejudice to all other rights AFRIMECA International S.P.R.L., at the same time:

(a) the application of late interest at the rate of the legal interest plus 2%, since the day of deadline until the day of actual payment;
(b) forfeiture of the term granted to the customer in case of progress payments the selling price or the price of the repair;
(c) the payment of the entire balance of that price;
(d) the debiting of an amount equal to 10% on the first tranche, with a minimum of 25 EURO, and 5% on the balance, as damages and interest irreducible.
e) Costs incurred in collecting receivables, including fees lawyers in accordance with article 6 of the Law of 02/08/2002.

FORCE MAJEURE – FOREIGN CAUSE
AFRIMECA International S.P.R.L. will be released from the obligation to deliver in case of force majeure (for example war, strike, lockout, fire) or foreign cause (for example a supplier’s decision to stop production goods or a decision of the public authorities, such as the prohibition to export or embargo).
In these cases, the customer will be required to accept the delivery of the quantities of which AFRIMECA International S.P.R.L. will still have.
AFRIMECA International S.P.R.L. also reserves the right to extend the delivery period if the force majeure or the foreign cause temporarily makes delivery impossible.

RESOLUTION OF THE CONTRACT
In the event that the customer fails to fulfill any of his obligations, for example if he refuses to withdraw the equipment or if he remains late in payment, AFRIMECA International S.P.R.L. reserves the right to cancel the contract.
This one will be solved by right and without preliminary notice by the only notification in the form of a letter, a fax or an e-mail.
Supplies already made must be returned immediately to AFRIMECA International S.P.R.L. which reserves the right to claim, as damages, an amount equal to at least 25% of the contract amount.

DISPUTES
In case of dispute of any nature, the courts in the jurisdiction in which is the registered office of AFRIMECA International S.P.R.L., are only competent.
AFRIMECA International S.P.R.L. reserves the right to bring the different before any other competent court.