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Terms of sale

GROUP CHANIMETAL TERMS OF SALE 2009 - 2010

SCOPE:

These general conditions of sale of CHANIMETAL GROUPS are considered accepted by the purchaser, any terms and conditions of the purchaser are not applicable. Provisions contrary to the present general conditions of sale will apply only with the express written approval of the CHANIMETAL GROUP. Similarly, the purchaser cannot rely on any additional rights to these conditions without the written consent of the Group CHANIMETAL.

CHANIMETAL GROUP reserves the right to change these terms of sale without any notice. The new terms of sale changed instantly apply once they are brought to the attention of the purchaser by any channel on any request via our site www.chanimetal.com except for orders already accepted by CHANIMETAL GROUP, are governed by the terms and conditions of sale in force at the date of the confirmation of acceptance by CHANIMETAL GROUPS

By accepting our offer, the purchaser waives any contrary stipulation contained in these terms and conditions or specific purchase, even if they provide that they are the only valid.

These general conditions of sale includes three parts:

Part 1: General Terms and Conditions
Part 2: Specific conditions for sale to external sites
Part 3: Specific conditions for the sale contracts for shipbuilding, metal buildings, elevators and cold.

FORMATION OF CONTRACT

The contract is agreed and concluded when the purchaser has accepted the offer in writing within the period of duration or after receipt of payment of the deposit provided for payment. The order includes the supply of the property (in EXW Incoterms 2000) and / or installation in working order unless otherwise provided under CHANIMETAL GROUPS and included in the contract, it does not include any work not explicitly included in our offer.

PLANS AND TECHNICAL RECORDS

The purchaser agrees not to provide third specifications, sales literature, tender prices, etc. ... all of which are strictly confidential. The purchaser will be responsible towards the seller for the correctness of the contents of all the orders and will be responsible to provide to the seller all necessary information relating to the goods in sufficient time to enable the seller to perform the contract accordance with its terms. If the goods are to be manufactured or any processing of goods shall be made ​​by the seller in accordance with the specifications provided by the purchaser, the purchaser shall indemnify the seller against all losses, damages, costs and expenses which the seller has been convicted or incurred with by the seller, as well as payments or payment arrangements involved in any claim or to settle such a regulatory violation - patent, copyright, design, trademark or other industrial or intellectual property belonging to any other person - the application by the seller of the specifications provided by the purchaser. The seller reserves the right to make any changes in the specifications of the goods to comply with applicable legal requirements, or when the goods are to be delivered according to the specifications of the purchaser to make changes which do not materially affect their quality or performance.

In cases where plans are provided and composed by the client, the GROUP CHANIMETAL will decline all responsibility of designs made by the client.

Documents such as drawings, descriptions, illustrations and similar documents may be subject to changes if GROUPS CHANIMETAL deems to be necessary. CHANIMETAL GROUP reserves the right to substitute equipment by similar or equivalent equipment. After receipt of order and complete study of the system, GROUPE CHANIMETAL will submit the plans for approval to the purchaser prior to manufacturing and or montage; Any changes requiring further study or a change in the supply can cause a change in the price and time; technical drawings and documents for the total or partial execution of the facility will be given to the purchaser but will remain the exclusive property of CHANIMETAL GROUPS. Without his authorization they can not be, or used by the purchaser, or copied, reproduced, transmitted or disclosed to third parties. Technical documents attached to the offers that have not resulted in an order must be returned to CHANIMETAL GROUP.

DELIVERY AND INSTALLATION SERVICE GROUP

CHANIMETAL notify the purchaser the date of commissioning and receipt of goods and / or installation, those will be executed in the presence of a representative of CHANIMETAL GROUPS. A protocol signed agreement will be established. If at the date for CHANIMETAL GROUP, the buyer has not taken steps to proceed with the receipt of the goods and / or installation, it will be considered to have occurred to date. GROUPS CHANIMETAL will communicate the minutes of commissioning and receiving purchaser who may challenge the accuracy. The work completed in receiving state shall be presumed to have been the date of completion indicated by CHANIMETAL GROUPS. If during commissioning and reception, good and / or the installation does not conform to the contract, GROUPS CHANIMETAL must work diligently to achieve compliance. Any other right of the purchaser in particular damages or cancellation of the contract is excluded.

The fee for the eventual acceptance by an approved organization shall be borne by the purchaser.

If the technical specifications of the tests are not specified in the contract, they shall be in accordance with the practice generally followed by GROUPE CHANIMETAL 

TRANSFER OF RISK AND PROPERTY

CHANIMETAL GROUP assumes no responsibility for any loss or damage other than those that would be directly caused by himself or his staff. Any further liability is excluded.

Loss of material, the replacement of the equipment may be considered only when the insurance company has compensated CHANIMETAL GROUP with the amount claimed by it. CHANIMETAL Group cannot be held responsible for any delay caused by such a situation.

The transfer of ownership of the goods delivered to the purchaser only occur after the full payment, accessories and any compensation or interest or any debt not discharged.

MANAGEMENT

As soon as the order is delivered, the buyer is deemed to take over the property and / or installation and the warranty period begins.

DELAY

For installations: according to schedule established by agreement with the client.

For our special stock, the time limits shall be "subject to prior sale time."

For equipment that is not in stock, our deadlines are merely indicative and are subject to more established on causes beyond listed below or any event not dependent of the factory or on ours.

Delivery: Unless otherwise specified in the offer, delivery times are for illustrative purposes only and delay can not lead to the cancellation of the order or any compensation, Delivery, unless otherwise stated , run from the latest of the following dates: the date of signing the contract, the date of receipt by CHANIMETAL GROUP with initial payment order in accordance with the payment terms of the offer and the date of final approval Plans by the purchaser. The date GROUPS CHANIMETAL is notified of the action of a valid import license where such license is required to run the installation, open a credit irrevocable and confirmed with a bank approved by the supplier documentary; CHANIMETAL Group can not be held responsible for delays due to causes beyond in the execution of the installation, assembly, construction and delivery, and it is expressly agreed that any problems resulting from the execution of non-limiting following facts will be considered in such consequences as a cause beyond:
circumstances due to a state of war, riot, civil commotion, malicious acts;
changes to plans after approval thereof;
fire, flood and generally any currently unpredictable causes delaying the execution of the work;
delay in the provision of Chanimétal Group water and electricity and all preparatory work at charge of the purchaser;
any delays in delivery of materials and not due to a lack of Chanimétal Group;
restrictive measures, procedures or requirements of any government;
the delayed or denied obtaining import licenses, confirmed and irrevocable letters of credit or the provision by the purchaser of foreign currency for the purchase of imported equipment;
the delayed or denied obtaining documents exemption from taxes of any kind of equipment or services if this exemption was intended;
delay of the authorization and payment of external costs in general studies;
strikes or lockouts;
imposed reduction of working hours on site;
non-compliance with payment terms; modifications to basic work or planning;
interruptions or delays in transportation or any cause resulting in total or partial unemployment CHANIMETAL GROUP or its suppliers

If the execution of the installation is delayed by one of the circumstances described in paragraph 6.3, it is granted an extension of time which takes into account all the circumstances equally.
This applies even if the cause of the delay occurred after the expiry of the contractual period.
In extra time of delivery, terms of increase in prices still apply.
If the purchaser does not take delivery date under the contract, it shall nevertheless not delay the normally expected payments related to delivery.
GROUPS CHANIMETAL, subject to availability, can provide the storage of the material at the expense and risk of the purchaser.
At the request of the purchaser, GROUPE CHANIMETAL ensure the equipment to the purchaser expense.
Any set installation service is done only after clearance of bills provided for payment.

MAINTENANCE

After completion, an annual maintenance contract, if necessary, will be offered to the purchaser

PAYMENTS

Unless otherwise specified, invoices are payable in cash. Failure to pay an invoice by the due date, issuing a bad check, a request for amicable or judicial, for the suspension of payments, even unofficial and this so verbally or in writing, or any other made up involving the insolvency of the purchaser, will result in forfeiture of the term granted for the payment of any goods supplied or process and make the payment immediately due and gives GROUPS CHANIMETAL the right to terminate current contracts without further formalities that a notification by letter and without this giving rise to any compensation to the purchaser.

In this case, the purchaser shall pay an amount to CHANIMETAL GROUPS ensuring a reasonable profit on the steps taken up to the date of termination, without prejudice GROUP CHANIMETAL can claim the damages referred to in these terms and conditions.

Payments are made by check or wire transfer.
In the case of payment by installments, the bank charges borne by the purchaser must return accepted within a maximum period of seven days the effects are presented.
Failure to return the bills with debit acceptance within seven days of presentation leads to the right of CHANIMETAL GROUP and without notice the acceleration and therefore the immediate payment of the outstanding amounts due to any reason and to suspend all work.
If the purchaser is behindhands with its payments, the installer may suspend performance of its obligations to the payment of the delays caused.
Late payments bear interest at the rate of 1.5% per month from the due date without any notice being required.
Unless otherwise expressly stated on the invoice CHANIMETAL orders or documents, confirming the acceptance by CHANIMETAL from the order issued by the purchaser.
The stipulation of this interest does not affect the enforceability of the terms of the date of payment. This surcharge will be applied for the period of default until full payment.
In addition, any invoice not paid when due shall automatically and without notice plus a fixed allowance as penalty clause equal to 15% of the amount due.

A period of suspension of work due to late payments will result in the suspension of the hardware warranty and installation and construction costs paid by the purchaser.
Payments must be made within the agreed deadlines even if the assembly due to a delay in preparations, commissioning or receiving installation is delayed (e) or rendered (e) impossible for reasons not attributable the manufacturer.
The buyer waives any right of ownership of all parts of equipment manufactured, stored or introduced as the payments have not fully been made.
In this case, it recognizes the right GROUP CHANIMETAL to repossess all equipment.
However, risks are transferred under section 4. Unless otherwise specified, no late fee of any kind will be accepted.
The terms of payments can not be delayed under any pretext whatsoever same issue and no claim on the quality of installation that is precedent to the payment, if the evidence of its failure has not been brought before the date of payment.

PRICE

Prices quoted by firm offers have limited validity and may be revised in case of increase of the ex-factory prices, increased prices of raw materials, changes in exchange rates, the rates of freight, insurance, entry fees and / or any other fees that may influence both import material on local and foreign labor. All new official and legal costs that may occur after the date of this Offer will be charged extra.

Chanimetal Group reserves the right to adjust prices quoted by firm offers if they were issued on the basis of specifications or information provided by the client in a language other than French and that any error (performance, ...) and was caused in the establishment of the offer.

SHIPPING AND INSURANCE

All shipments ex-stores are made exclusively at the risk of the recipient, in case of loss or damage, it is requested to take action against the carrier body. However, at the express request of our customers, we can provide these items at their own expense.

WARRANTY

Specific manufacturer's warranty not represented by CHANIMETAL GROUP For goods with a specific manufacturer's warranty (support warranty directly from the manufacturer, or on-site warranty, or guarantee a specific extension), the buyer must contact manufacturer directly, bypassing CHANIMETAL GROUP which provides no contractual warranty on these goods. GROUPS CHANIMETAL refuse any return of goods in this context and can not be held responsible for any failure of the manufacturer under this warranty.

Legal Warranty: Unless explicitly stated otherwise, because of the quality of intermediate GROUP CHANIMETAL, warranty relating to the goods supplied by GROUPE CHANIMETAL is limited to the legal warranty.

Responsibility CHANIMETAL GROUP Subject to mandatory legal provisions, the responsibility CHANIMETAL GROUPS, whatever the cause, is limited to the amount actually paid by the buyer in respect of the order concerned. In no case will be eligible for compensation from the GROUP CHANIMETAL indirect and / or consequential damages or moral, ie including financial or commercial damage such as loss of profits, loss of control, loss of business, loss of data, loss of profits, reputational, interruption of service, as well as damages of the same kind of damages suffered by a third party.

INTERRUPTION OF CONTRACT

There will be interruption of the contract on the part of the buyer if it expressly notified or does not respect the terms of the contract that unables GROUPS CHANIMETAL to continue to perform the work in a way rational or suspend work in particular following a default.

The guarantee clause will be automatically cancelled when work is interrupted. On the other hand, quality and quantity at the installed hardware or stored on-site or in-store will be established. The buyer shall pay the labor that would normally be used in the contract during the period of interruption plus an allowance to cover the indirect costs arising from this situation.

After 3 months of interruption, GROUPS CHANIMETAL may consider it as termination.

TERMINATION OF CONTRACT

As well as all offers Chanimétal Group must be issued in accordance with the powers of the company, orders can not be accepted by authorized under powers GROUP CHANIMETAL representative Avenue de la Montagne NGALIEMA-KINSHASA, DRC, writing and can not be canceled without the written consent of Group CHANIMETAL who is entitled to make a reasonable profit on the steps taken to date of cancellation.

In all cases, any order in whole or in part can be delivered within 60 days of notification of the buyer intention to cancel the said order will be shipped on the terms originally agreed and paid in full.

In the event of termination by either the buyer or after interruption as described in Article 14, the buyer will be liable to CHANIMETAL GROUP whatever the status of the work of the following amounts :

The relevant amounts for payments to subcontractors, suppliers, manufacturer, engineering, inspection bodies, or commitments to these potentially increased compensation that they are entitled to claim when a termination Contract is served on them.
At a cost for the services of labor and other already incurred.
In an amount equal to the benefits of labor that would normally be used in the contract for 3 months after the date of termination.
In an amount equal to the shortfall is 20% of the contract sales price revalued at the date of termination.
For the amount for costs to be incurred for the reorganization of the site including relocation or evacuation of buildings and administrative costs.
At any other extraordinary expenses that may be charged to the project.
Termination of the contract for any reason whatsoever will not affect the receivables due between the parties

NON - WAIVER

No forbearance or default CHANIMETAL GROUPS exercise or enforce its rights under any provision of the order and its acceptance or these terms and conditions shall not constitute a waiver of such right or a waiver GROUP CHANIMETAL to enforce any provision of the order and acceptance of these terms or conditions.

SCOPE AND PROVISION OF LAW JURISDICTION

Any dispute concerning the conclusion, interpretation, execution or resolution of contractual relations between the parties the exclusive jurisdiction of the courts in Kinshasa, DRC, however Chanimétal Group reserves the right to petition the court having territorial jurisdiction to the headquarters of the buyer. Unless otherwise agreed with the buyer agreement, the applicable law is the Congolese law.

It is expressly agreed that these terms are part of the contract.



Part II: Conditions for specific sales to external sites.

ACCESS TO THE SITE

Accessibility to the site will be provided by the customer.

PREPARATORY WORK ON SITE OUTSIDE

Before the installation, the work site is made available for CHANIMETAL GROUPS.
It will be freely available to GROUP CHANIMETAL closed rooms, lit, dry places in the immediate vicinity of the plant for shelter from theft or damage to any equipment stored.
Provision of water and electricity according to our indications for the duration of the work, testing, commissioning of the plant.
The site is outside on guard against him and under the responsibility of the customer.
Responsibility for the care of the equipment is transferred to the buyer at their own risk on the arrival of the equipment at the installation site.
The buyer will equip the access to ducts and hoppers temporary fences and take all precautions to prevent the fall of people and objects.

MOUNTING SITE OUTSIDE

The buyer will make arrangements allowing CHANIMETAL GROUPS to run the install Continuously falling on normal working hours and in chronological order.
The services outside normal hours Will Be accepted by GROUPE CHANIMETAL in effective written request of the buyer and will be charged extra.
Access to the mounting lease must allow the entry and establishment of material and be free of all obstacles.
Unless otherwise specified in the offer, it is based in perspective kind of material According to the standards of the various suppliers, to view the Following standards of manufacture and assembly of CHANIMETAL GROUPS performance.

If the Contract Provides for the provision of labor by the buyer GROUPS CHANIMETAL, it remains the responsibility of the buyer.
The buyer Will Be freely available to staff and CHANIMETAL GROUPS handling equipment needed to put on base or final placement of equipment Unless other provisions specified in the offer.
Guarding supplies and equipment required for assembly is bound by the customer.

SHIPPING AND INSURANCE

Unless otherwise STATED, the material price in the contract include any shipping fees, shipping and insurance to the place of construction.

In case of damage or missing Recorded the arrival of the equipment provided by the care GROUPS CHANIMETAL, the buyer Will send a letter to the last carrier reserves in Accordance with rules prescribed by the Insurers.

Our shipments subject to a supply of live plants and Those We Have it All which quoted a price "for equipment Delivered to the customer" are Automatically insured by us, insurance is included in the quoted price.



Part III: Conditions for Specific sales contracts for shipbuilding, metal buildings, elevators and cold.

NAVAL CONSTRUCTION

Before the start of production Plans Will Be our offer for review and approval. Slip rental fees will be charged beyond 15 days from receipt of our quotation by the customer and in case of blocking work (for non payments, delayed supplies goods Supplied by the client, etc ...).

Furthermore, in case of abandonment by the unit or other property on customer website CHANIMETAL GROUP HAS the right to cut the rotten units or destroy any property Effective sending a warning letter to the customer.

When the provision of your unit to our site for reasons of work and Estimates completion, we ask you to leave a permanent responsible for day and night aboard it and the customer.
In addition an access control crew is made daily by the security GROUP CHANIMETAL.
Furthermore, the consumption of water and electricity periodically crews are billed to the customer.

The docking unit is under responsibility of the customer.
The Shipyard is not responsible for theft or any incident That May Occur on your docking unit, no complaints Will Be entertained in this regard.

The units located on the Shipyard May be searched at any time by our security and in the presence of your guardian. Materials, objects or vessels registered in advance Will Be the responsibility of the customer.

The Shipyard ask the Owner to Provide the Following Information:
In the case of a hydrocarbon unit, presenting a clearance certificate. If not, the fee will be charged degassing.

If the unit is equipped with a double bottom or not and what kind of cargo Usually it loads.
The usual glad of the unit blocks, water or goods, etc.. ..

Any accident is effective false statement on item 19.5. will be at the responsibility of the Owner.

MECHANICAL WORKSHOP

Any complaint workmanship unsupported by technical standards in the manufactured part is inadmissible.

METAL BUILDINGS

Before the start of production, our plans will be offered for review and approval

The client is responsible for first aid to provide our employees in the event of an accident on his site.

We strive to achieve a high quality result and we comply the extent possible to the customer requirements. However, industrial production is a function of material in stock and our manufacturing methods and means.

In case of purchase of these goods will be received in our workshops after payment or upon customer request. We arrange transport that will be charged.

LIFTS

After completion, an annual maintenance contract, if necessary, will be offered to the buyer.

For early road: Before starting the road early part or all of the installation not fully completed, it will be done:

The quality and quantity of equipment installed;
Receiving the last part of the installation in operation;
Any additional benefit equal to one for early road, completion of specific work for this road for early unplanned or to schedule outside of normal working hours, maintenance and troubleshooting in use will be a count ;

Responsibility Chanimetal Group:
The hardware warranty begins at the commissioning;
The operation will take place at the risk of the purchaser;
Upon completion of the installation it will be given to the disposal of CHANIMETAL GROUPS;
a general review will be conducted by GROUPE CHANIMETAL at the expense of the buyer.
The equipment is guaranteed for a period of 6 months against manufacturing defects and or assembly from the date of completion GROUP CHANIMETAL accordance with Article 9 with the obligation to replace it at his own expense any defective part recognized in the shortest possible time and subject to availability of stock. The warranty is only valid if the maintenance of the facility after completion or commissioning is carried out under an annual maintenance contract by CHANIMETAL GROUPS.
Responsibility for any direct or indirect damage is excluded.
To learn invoke the benefit of the warranty, the buyer must promptly notify in writing GROUPS CHANIMETAL defects that have arisen.
He must give all facilities to carry out the recognition of these and remedy.
Unless otherwise specified, the buyer shall bear the costs and risks of assembling and dismantling, transportation of defective and that the repaired or replacement parts from the place of repair or replacement service parts.
Defective parts replaced in accordance with this clause shall be made available to the GROUP CHANIMETAL.
The obligation from CHANIMETAL GROUPS does not apply if defective either from the materials supplied by the buyer is a design imposed by it.
The obligation CHANIMETAL GROUPS covers only defects that occur during proper use.
The warranty does not apply to defects whose cause is after the transfer of risks of material especially in the case:
intervention by the purchaser or third parties, and in this case, the guarantee will terminate immediately;
normal wear and tear parts;
a malicious act;
a major force;
an effect of water, fire and / or wind;
a voltage variation of + / - 5%;
a settlement building;
changes without the written agreement CHANIMETAL GROUPS;
a bad or abusive use of the facility.
Repair, modification or replacement of parts during the warranty period shall not have the effect of extending it to the entire system.
From risk transfer under Article 8 even for defects whose cause is prior to the transfer, the seller does not assume the larger the obligations set out in this Article responsibilities.
It is expressly agreed that GROUPS CHANIMETAL not be responsible for any compensation to the purchaser for injury to persons, damage to property separate from the contract or shortfall and any other direct or indirect damage.

COLD

After completion, an annual maintenance contract, if necessary, will be offered to the buyer.

For early road: Before the start up of one party or the installation not fully completed, it will be done:
The quality and quantity of equipment installed;
Receiving the last part of the installation in operation;
Any additional benefit equal to one for early road, completion of specific work for this road for early unplanned or to schedule outside of normal working hours, maintenance and troubleshooting in use will be a count ;

Responsibility Chanimetal Group:
The hardware warranty begins at the commissioning;
The operation will take place at the risk of the purchaser;
Upon completion of the installation it will be given to the disposal of CHANIMETAL GROUP, a general review will be conducted by GROUPE CHANIMETAL the expense of the buyer.
The equipment is guaranteed for a period of 6 months against manufacturing defects and or assembly from the date of completion GROUP CHANIMETAL accordance with Article 9 with the obligation to replace it at his own expense any defective part recognized in the shortest possible time and subject to availability of stock with the exception of cold gas and refrigeration oil that will be charged.
The warranty is only valid if the maintenance of the facility after completion or commissioning is carried out under an annual maintenance contract by CHANIMETAL GROUPS. Responsibility for any direct or indirect damage is excluded.
To learn invoke the benefit of the warranty, the buyer must promptly notify in writing GROUPS CHANIMETAL defects that have arisen. He must give all facilities to carry out the recognition of these and remedy.
Unless otherwise specified, the buyer shall bear the costs and risks of assembling and dismantling, transportation of defective and that the repaired or replacement parts from the place of repair or replacement service parts.
Defective parts replaced in accordance with this clause shall be made available to the GROUP CHANIMETAL.
The obligation of CHANIMETAL GROUPS does not apply in case of defects from materials provided by either the buyer or a design imposed by it.
The obligation CHANIMETAL GROUPS covers only defects that occur during proper use. The warranty does not apply to defects whose cause is after the transfer of risks of material especially in the case:
intervention by the purchaser or third parties, and in this case, the guarantee will terminate immediately;
normal wear and tear parts, a malicious act, a major force;
an effect of water, fire and / or wind;
a voltage variation of + / - 10%;
a settlement building;
changes without the written agreement of CHANIMETAL GROUPS;
a bad or abusive use of the facility.
Repair, modification or replacement of parts during the warranty period shall not have the effect of extending it to the entire system.
From risk transfer under Article 8 even for defects whose cause is prior to the transfer, the seller does not assume the larger the obligations set out in this Article responsibilities.
It is expressly agreed that GROUPS CHANIMETAL will not be responsible for any compensation to the purchaser for injury to persons, damage to property separate from the contract or shortfall and any other direct or indirect damage