Clause 1: Purpose: The general conditions of sale described below detail the rights and obligations of the company Afrique Phyto Plus (A2P) to the Capital of 180,000,000 FCFA / Head Office: Abidjan, Marcory, Zone 4, 47 rue Alex Flemming 15 BP 771 ABJ 15 and its customer in the context of the sale of the following goods: Phytosanitary products (Herbicides, fungicides, insecticides, growth regulator, nematicides), fertilizers and agricultural equipment. Any service performed by the company Afrique Phyto Plus (A2P) to the Capital of 180,000,000 FCFA / Head Office: Abidjan therefore implies the unreserved adherence of the buyer to these general conditions of sale.
Clause 2: Price: The prices of the goods sold are those in force on the day of taking the order. They are denominated in CFA francs (XOF) and calculated excluding taxes. Consequently, they will be increased by the VAT rate in force on certain products and the transport costs applicable on the day of the order. The company Afrique Phyto Plus (A2P) with a capital of 180,000,000 FCFA / Head Office: Abidjan grants itself the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when registering the order.
Clause n° 3: Discounts and rebates: The rates offered include the discounts and rebates that the company Afrique Phyto Plus (A2P) to the Capital of 180,000,000 FCFA / Head Office: Abidjan would be required to grant given its results or the assumption by the buyer of certain services.
Clause 4: Discount: No discount will be granted in case of advance payment.
Clause n° 5: Terms of payment: The payment of orders is made: Either by check; Either in cash; Either by Orange money or any other mobile payment including withdrawal fees; Or directly by deposit in one of the company's bank accounts. Unless otherwise expressly agreed, the buyer must pay the entire order upon receipt of the goods.
Clause 6: Late payment: In case of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay to the company Afrique Phyto Plus (A2P) to the Capital of 180,000,000 FCFA / Head Office: Abidjan) a late payment penalty equal to three times the legal interest rate. The legal interest rate used is that in force on the day of delivery of the goods. This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary. In addition to late payment, any sum, including the advance payment, not paid on its due date will automatically result in the payment of a lump sum of CF 15,000 due as recovery costs.
Clause No. 7: Resolutory clause: If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the remaining sums due, the sale will be resolved automatically and may give rise to the right to the award of damages for the benefit of the company Afrique Phyto Plus (A2P) to the Capital of 180,000,000 FCFA / Head Office: Abidjan
Clause No. 8: Retention of title clause: The company Afrique Phyto Plus (A2P) with a capital of 180,000,000 FCFA / Head Office: Abidjan retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a reorganization or a judicial liquidation, the company Afrique Phyto Plus (A2P) with a capital of 180,000,000 FCFA / Head Office: Abidjan reserves the right to claim, as part of the collective procedure, the goods sold and remained unpaid.
Clause n° 9: Delivery: The delivery is made: Either by the direct delivery of the goods to the buyer; Either by sending a notice of availability in store to the attention of the buyer; Or at the place indicated by the buyer on the order form. The delivery time indicated when registering the order is given only as an indication and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products can not give rise to the benefit of the buyer to: The award of damages; The cancellation of the order. The risk of transport is borne in full by the buyer. In case of missing or deteriorated goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must, in addition, be confirmed in writing within five days of delivery, by registered mail AR.
Clause n° 10: Force majeure: The responsibility of the company Afrique Phyto Plus (A2P) to the Capital of 180,000,000 FCFA / Head Office: Abidjan can not be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale arises from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of the law in force in the country of performance of the contract.
Clause 11: Competent court: Any dispute relating to the interpretation and execution of these general conditions of sale is subject to Ivorian law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Abidjan (place of the registered office).