AFROIL General Terms and Conditions of Sale
AREA OF APPLICABILITY
The following General Terms and Conditions of Sale, as most recently amended, shall apply to all deliveries by AFROIL, of goods and related services, and constitute an integral part of each sales contract that is entered into between a customer as buyer (hereafter customer) and AFROIL as seller (hereafter “AFROIL”). AFROIL has the right to amend and change these Terms and Conditions of Sale at its own discretion. The customer has the right, at any time, to request from AFROIL a copy of the currently applicable Terms and Conditions of Sale.
Deviations from these General Terms and Conditions of Sale are valid exclusively if made in written form. Any contrary general terms and conditions of a customer shall not apply, irrespective of whether AFROIL expressly objects in a particular case or not.
If individual provisions of these General Terms and Conditions of Sale should be invalid in whole or in part, the validity of the remaining provisions or the valid parts of such provisions shall not be affected.
Particular conditions of contract validly agreed upon by the parties in written form for the purpose of a specific sales/purchase transaction shall prevail over theses General Terms and Conditions of Sale if in contradiction with same.
Customer orders can be made in writing or orally; they must be accepted by AFROIL in writing. A sales contract is entered into only upon formal acceptance of the order by AFROIL.
Any quotation made by AFROIL even if made following a request of a customer is always deemed to be only a request to the customer to make a quotation to AFROIL. In such a case again the sales contract is only entered into upon formal acceptance of such quotation by AFROIL.
The customer must advise AFROIL no later than at the time of the order of any country-specific regulations and standards. This shall apply in particular to regulations and standards that require adjustments or changes to the goods to be delivered by AFROIL.
Prices in price lists, quotations, etc., shall be understood in each case to be EXW (ex works) .Origin of goods will be made known to customer. The applicable prices shall be those in effect on the date of the acceptance of the order.
All freight, insurance, approval and certification costs shall be borne by the customer. Additionally, the customer shall pay all taxes, fees, customs duties and other charges that arise in connection with the performance of the contract. To the extent that such charges are levied from AFROIL, the customer shall reimburse them upon first demand.
GENERAL MERCHANDISE WARRANTY
Except as otherwise stated, the only warranties applying to materials sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer.
As sellers, we make no warranties, expressed or implied, of performance, merchantability, workmanship, quality, durability, suitability, or non-infringement including those instances where changes, alterations or modifications are made in materials at the request or instruction of the purchaser. Our obligation is limited only to the repair or replacement of defective parts or, at our sole option, to refund the purchase price.
The purchaser recognizes that AFROIL is a distributor and not a manufacturer and all applicable product specifications, representations and warranties are solely those of the manufacturer or packager of the products sold.
*Country of Origin, MSDS, and Certificate of Compliance information are based on information provided by product manufacturers. AFROIL has not independently verified this information and does not warrant its accuracy.
Please note that while we strive to meet all promised delivery dates, they are estimates only, not a guarantee. AFROIL is not responsible for deliveries that are delayed due to national disasters, inclement weather conditions, etc.
We can ship your order Air freight, Ocean (LCL and FCL), and Courier door-to-door (including USPS Priority, DHL Int’l, UPS International Express, and FedEx Air Int’l Priority and Economy). You may chose to use your designated Freight Forwarder for shipment and delivery, or you may ask us to select a carrier based on your needs. We will provide you with estimated freight costs, insurance rates, and costs of any special documentation and handling fees.Inspection and complaint on goods should be made within 7 days. The deadline shall run accordingly from the time of
the inspection upon delivery or upon receipt by the customer or at the designated address. The customer is responsible that losses sustained during transport are confirmed to the customer by the carrier.
DAMAGED OR LOST SHIPMENTS
Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be reported into at 2349052279109 or e-mailed to firstname.lastname@example.org within 7 calendar days.
Machinery Shipments: Call +2349052279109 or e-mail email@example.com All damaged containers and merchandise must be kept for inspection.
MANUFACTURER WARRANTY POLICY
In no event will AFROIL be liable for any incidental, indirect, special, punitive or consequential damages or losses of any kind, including damages for loss of profits or revenue, irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise. The maximum liability of AFROIL, if any, for all direct damages, irrespective of the nature of the claim, is limited to an amount not to exceed the price the distributor paid for the particular product at issue (or, if the claim involves services, the price paid for the product to which such services relate).
Warranty claims must be made within the time frame set forth in the manufacturer’s written warranty included with the product, if any, and are subject to the terms and conditions of the manufacturer’s warranty.
TRANSFER OF OWNERSHIP, USE AND RISK
Title to the goods passes to the customer upon full and contractual payment only.
The customer concurs that as long as all outstanding claims have not been paid, AFROIL shall have the right to assert a right of retention in the appropriate registries, accounts or the like at the expense of the customer in accordance with applicable law. The customer hereby commits to refraining from taking any action that would be contrary to the objectives pursued by the right of retention.
The customer shall bear all risks of loss of and damage to the goods from the time the goods are made available for delivery .
If AFROIL arranges for transport, it shall do so exclusively on behalf, in the name and for the account of the customer. In such case, the carrier will either be ordered by AFROIL to collect freight costs and all related charges (such as import VAT) from the customer or, if applicable, to invoice the freight costs solely to AFROIL which, in such case, will invoice the freight costs and disbursements to the customer.
The procurement of transport insurance shall be the exclusive responsibility of the customer.
The manufacturers’ written warranties apply to all materials sold. No other warranty, expressed or implied is offered. Contact the Customer Service Department for prior authorization before returning defective material.
All shortages/damages must be noted on the original freight bill from carrier and communicated to AFROIL within 2 working days. (All damages/shortages not noted on original freight bill will not be issued credit.)
For further enquiry on contact us at firstname.lastname@example.org ,+2349052279109