GENERAL TERMS OF SALE:
Quotes, offers, acknowledgements of receipt of orders, delivery orders or invoices drawn up during sales made by IMARAQ TRADING or its salesmen, are accompanied by the following terms of sale, which may possibly be accompanied by specific conditions for certain goods that may complement or modify those terms and conditions. Our terms of sale prevail over all purchase conditions unless there is a formal and express exemption from us.
I. TRAINING AND CONTRACT PURPOSE
a. The sales contract is definitively concluded as soon as the quote, offer, delivery voucher or invoice is accepted, no later than the day of delivery or removal. However, the transfer of ownership is subject to the full payment of the price, even if the sale contract has been established.
b. The seller is bound only by the commitments expressly contained in the quote, the offer, the delivery voucher or the invoice, as well as by the mentions on the order receipt or the delivery order or invoice. Any quote or offer only hires the seller for the specified validity period. In the absence of a different indication of the offer, it will only be valid for 3 days from the date of issuance. Information on catalogues or advertising materials is given as an indication. The seller reserves, if necessary, the right to make any changes related to the technical evolution of the products. The customer can, if he wishes, indicate in his order what characteristics he subordinates his commitment to. Our proposals are built by our services, if necessary using catalogues developed by our suppliers, and implemented based on precise technical assumptions based on the information provided by the customer and in our possession at the time of writing of the quote. They are presented as an indication and cannot claim to replace the competence and experience of the beneficiary customers, users or resellers and engage our responsibility. In general, the seller will not be able to bear the consequences of misuse of the products.
c. Our invoices are issued at each sale or are subject to monthly statements, on which assets and rebates are charged where appropriate.
An order is only considered if it has been accepted. Any order for equipment supplied specifically for the customer will result in a 50% down payment of 50% of its amount unless express agreement is given by us.
III. DELIVERY DELAYS
Delivery times can only be given as an indication and without the seller's commitment. No compensation can be claimed in the event of a delay. Goods not available in stock will be shipped as soon as they are replenished, unless express and written instructions from the customer.
IV. DELIVERY PACKAGING - TRANSPORT
a. Delivery takes place by making the goods available at the seller's counters. This is made available as of right, except in cases of direct delivery to the customer, by the occurrence of the date notified to the customer or agreed by the customer at the time of the order.
b. Risks of any kind incurred by goods after delivery are the responsibility of the customer.
c. Due to care for the packaging, the company does not accept responsibility for any damage that occurred during the journey. The goods travel at the risk of the customer, who will have to make all reservations with the carrier in case of damage.
d. When handing over the goods, the customer must ensure that they are compliant. Any complaint must be made in writing, within 2 days of receiving the goods. No return of equipment will be accepted without prior management approval. If there is an agreement, the returned merchandise will only be credited after receipt and verification in our stores under a 15% deduction for control fees. Once the non-compliance is validated by IMARAQ TRADING, IMARAQ TRADING will replace non-compliant products with new items identical to those specified in the initial delivery order. If IMARAQ TRADING is unable to replace non-compliant products, it will issue an asset to be claimed on any future order.
V. GUARANTEE AND LIMITATION OF LIABILITY
As an intermediary, products sold by IMARAQ TRADING are covered by the legal guarantee of hidden defects within the limits of the guarantee of its own suppliers and cannot go beyond that. This guarantee is limited to replacement/repair or the inability to replace the product, to the reimbursement of non-compliant or defected products. Any warranty is excluded in case of misuse, negligence or failure to maintain on the part of the CLIENT, as in case of normal wear of the product or force majeure. In order to assert its rights, the CLIENT must, on pain of forfeiture of any related action, inform IMARAQ TRADING, in writing, of the existence of any non-compliance or any hidden defect within a maximum of 2 working days from the date of delivery or 3 working days from the date discovered of the defective product. Once the suspected defective product is received by IMARAQ TRADING, it will then be up to the suppliers of IMARAQ TRADING to decide whether or not to proceed with the claim. Once proven to be defective, IMARAQ TRADING will replace or repair the products or parts in question. Replacing defective products or parts will not extend the duration of the above warranty. In the event that IMARAQ TRADING is unable to replace or repair the products in question, it will issue an asset to be claimed on any future order. IMARAQ TRADING cannot be held responsible for the consequences of the use and choice of the materials it distributes. Technical documentation from the manufacturer is made available to the buyer. They can obtain it by express request from our services. In no way and in any form, the burden of the obligation to inform cannot be transferred to IMARAQ TRADING. The buyer will remain responsible for carrying out the tests, studies and analyses to lead to the choice of a material or technique; he alone will bear the consequences of his choices towards himself and his clients. Technical documents submitted by the manufacturer will be communicated solely under the manufacturer's responsibility. In no way could IMARAQ TRADING be accused of disseminating or disclosing this information, particularly as to their quality or relevance. Similarly, the documentation is addressed, communicated and disseminated under the sole responsibility of the author. Updates, their full relevance are and will remain the responsibility of their author. In any event, the liability of IMARAQ TRADING could not be sought beyond the value of all taxes included in the goods sold, the sale price of which constitutes a ceiling of liability, which the buyer expressly accepts. Under no circumstances can IMARAQ TRADING be found civilly or financially liable for the direct or indirect consequences on both persons and property of a failure of equipment sold by it. No compensation may be claimed in any capacity, including deprivation of enjoyment, loss of earnings, labor costs and travel incurred by the CLIENT of IMARAQ TRADING to replace products, intangible injury or payment of compensation to third parties. In particular, the user is responsible for the civil liability for damage caused to third parties by our goods. This limitation clause of liability is enforceable in the event of the customer's resale of goods and materials to another user. Responsibility will be limited to the same extent and limits in the event of a transformation. In the event of a resale, the customer agrees to have the provisions of this clause accepted by his buyer. The resale of the materials will carry the presumption of acceptance of the limitation of liability instituted her ending.
VI. PROPERTY RESERVE CLAUSE
Ownership of the goods sold will only be transferred to the buyer once the full payment of the price has been made. However, the burden of the risks of deterioration, loss or theft of the goods will be transferred to the purchaser upon delivery. The purchaser will therefore have to take all the necessary insurance to cover these risks. In the event of non-payment of a single term on its due date, the seller will have the right to take the goods back into the buyer's hands and at his expense, up to the amount unpaid, without any other formality, than a simple notice from him by recommended letter. In the event of a legal remedy or judicial liquidation, the seller will have the right to claim ownership of the goods sold, in accordance with the provisions of the law of code of commerce art 672. The buyer will make all appropriate arrangements so that the goods that remain the seller's property are individualized in his inventory. In the event of a claim, the goods in the buyer's possession will be presumed to be the unpaid.
VII. TERMS OF PAYMENT
Our invoices are payable to the Accounting Service located at IMARAQ TRADING, 8 Bd Hassan Al Alaoui 20300 CASABLANCA. Unless special conditions are, the price of the goods is payable in cash and without discount on the day the invoice is received and instead of the invoice issued, even if the execution of the order has given rise to a claim or dispute. If exceptional settlement conditions have been agreed, they may not exceed 90 days in accordance with the provisions of Act 32-10 of October 6, 2011. Payment terms cannot be delayed for any reason. Failure to pay a term on its due date automatically results in the due date of the entire debt and the suspension of deliveries. Any delay in payment of the sums due is subject to full interest at the rate of 10% per annum, excluding VAT and all the sums owed immediately notwithstanding the payment deadlines previously granted, and this in addition to any legal costs including legal and other expenses. Failure to comply with the specific settlement conditions agreed, including the non-return of the effects to the agreed deadlines, results in the closure of the account and/or the return to cash payment. All settlements received by IMARAQ TRADING charge the invoices of the oldest to the most recent.
VIII. MAJOR FORCE CLAUSE
Orders are suspended as of right in cases of force majeure. In particular, the following events will be considered as a case of force majeure: mobilization, war, total or partial strike, riot, interruption of traffic, insufficient supply of transport equipment or any causes beyond the seller's control, reducing or making the delivery exorbitant. These events relieve the seller of any liability and damages for late delivery or non-performance of orders.
In the event of a dispute over the interpretation or execution of the contract, the Casablanca Commercial Court is the sole jurisdiction, regardless of the terms of sale and the method of payment accepted, even in the case of connectivity, appeal for guarantee or plurality of defendants.