Clause n ° 1 : Subject : The general conditions of sale described below detail the rights and obligations of the company Afrique Phyto Plus (A2P) with a Capital of 180,000,000 FCFA / Headquarters: Abidjan, Marcory, Zone 4, 47 rue Alex Flemming 15 BP 771 ABJ 15 and his client in connection with the sale of the following goods: Phytosanitary products (Herbicides, fungicides, insecticides, growth regulator, nematicides), fertilizers and agricultural equipment. Any service provided by the company Afrique Phyto Plus (A2P) with a Capital of 180,000,000 FCFA / Headquarters: Abidjan therefore implies the buyer's unreserved acceptance of these general conditions of sale.
Clause n ° 2 : Price : The prices of the goods sold are those in force on the day the order is taken. 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 / Headquarters: Abidjan grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n ° 3 : Discounts and rebates: The proposed rates include the discounts and rebates that the company Afrique Phyto Plus (A2P) with a capital of 180,000,000 FCFA / Headquarters: Abidjan would be required to grant given its results or the assumption by the purchaser of certain services.
Clause n ° 4 : Discount: No discount will be granted in the event of early payment.
Clause n ° 5 : Terms of payment: Payment of orders is made:
• Or by check;
• Or in cash;
• Either by Orange money or any other mobile payment including withdrawal fees;
• Or directly by deposit into one of the company's bank accounts.
Unless specifically agreed otherwise, the buyer must pay the entire order upon receipt of the goods.
Clause n ° 6: Late payment: In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Africa Phyto Plus (A2P) with a Capital of FCFA 180,000,000 / Headquarters Social: 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 tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment, any sum, including the deposit, not paid by its due date will automatically produce the payment of a lump sum compensation of CFAF 15,000 due for collection costs.
Clause n ° 7: Termination 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 automatically terminated and may be entitled to compensation for damages for the benefit of the company Afrique Phyto Plus (A2P) with a Capital of 180,000,000 FCFA / Headquarters: Abidjan
Clause n ° 8: Retention of title clause: The company Afrique Phyto Plus (A2P) with a Capital of 180,000,000 FCFA / Headquarters: Abidjan retains ownership of the goods sold until full payment of the price, in principal and in accessories . As such, if the buyer is the subject of reorganization or judicial liquidation, the company Afrique Phyto Plus (A2P) with a Capital of 180,000,000 FCFA / Headquarters: Abidjan reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause n ° 9: Delivery: Delivery is made:
• Or by direct delivery of the goods to the buyer;
• Or by sending a notice of availability in store for the attention of the buyer;
• Or at the place indicated by the buyer on the order form.
The delivery time indicated during the registration of the order is given only as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to:
• The allocation of damages;
• The cancellation of the order.
The risk of transport is borne in full by the buyer.
In the event of missing or damaged goods during transport, the buyer must formulate all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered post.
Clause n ° 10: Force majeure: The responsibility of the company Afrique Phyto Plus (A2P) with a Capital of FCFA 180,000,000 / Headquarters: Abidjan cannot be implemented if the non-execution or the delay in the execution one of its obligations described in these general conditions of sale results 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 n ° 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 head office).