Malak Bio – Sales Conditions

Malak Bio Company

1.1. The Seller has sold and the Buyer has bought under the CPT conditions the following goods: Argan oil (Malak Bio SARL).

1. Price

1.1. The goods will be delivered by lots. And prices are standard in EUROS FOB AGADIR

2. Terms of payment

2.1. Currency of payment – EURO (€)

2.2. The Buyer is obliged to transfer the payment on the bank account indicated in the Seller’s invoice.

2.3. The payment shall be effected by T/T within the period indicated in the Seller’s invoice.

2.4. The Buyer shall inform the Seller about the payment by fax or e-mail within 1 day after effecting of the payment.

2.5. After the shipment of the goods to the buyer, the seller is obliged to send ‘the TRUCK Number’ to the buyer by fax or e-mail.

3. The terms of delivery

3.1. The goods will be delivered by lots; every lot of the goods has a specific number according to the Invoice of the goods shipped.

4. Time of Delivery, shipping report

4.1. The Seller is obliged to organize the shipment of the goods within 7 days after receipt of the Buyer’s payment.

4.2. Date of delivery will be the day at which the goods reach at destination ………… Airport, .

4.3. Pre-term delivery is admitted only by preliminary approbation of the Buyer.

5. Packing and marking

5.1. Every Carton must contain a packing list, specifying:

– Contract no.,

– Number of the cartons,

– Description of the goods,

– Recipient.

5.2. A label made with indelible paint must be pasted on each of the Cartons and contain the following data (in English):

– the name of the Buyer,

– Contract no.,

– name of the sender – Seller,

– name of the recipient,

– the place of destination,

– point of departure,

– gross weight / net weight in kg,

– number of the Carton/ total number of places,

– marking of goods,

– total number of units.

5.3. Goods packing must provide full safety of the goods and protect them during transportation with all types of transport as well as during the trans-shipment.

6. Delivery and acceptance of the Goods

6.1. The Goods are accepted:

– By quantity of places, according to the quantity specified in a waybill;

– By quantity of products, according to the specification and packing sheets;

– By quality, according to the quality specified

7. Inspection of the Goods

7.1. The quality of the delivered goods corresponding to the manufacturer’s certificate of quality will be the same in each next lot of Argan oil and will be the same as a sample providing to Buyer approval according present Sales conditions terms.

7.2. The Buyer is obliged to inspect the delivered goods within 30 days after their reception in the warehouse. All discovered defects shall be immediately reported to the Seller.

7.3. On the Buyer’s demand, the Seller shall either have to replace the defected goods totally.

8. Resolution of disputes

8.1. All disputes, arising between the Parties of the present Contract, are to be resolved by their negotiations.

8.2. If the Parties are unable to resolve the dispute by negotiations, the dispute will be referred to the competent International Arbitrary Court.

9. Major force

9.1. No party will be liable for delays or failure to perform any of his obligations if the delay or non-performance was due to the circumstances or reasons beyond the control of the Parties such as a war, strike, riot, crime, embargo, explosions, fires, flood, earthquake or other acts of God, actions or omissions of government authorities, which a party could neither expect nor take reasonably into account. These and any other force majeure circumstances are to be immediately reported in written form to the other Party of the present Contract. As a proof of force majeure circumstances, a certificate issued by a competent Chamber of commerce, will be considered.

9.2. The Parties shall not be liable for any damages, losses, claims or other expenses, incurring as a result of force majeure circumstances.