The commercial terms that apply to every quotation, offer, sale, export transaction and agreement issued or entered into by AMFCAE.
These Terms and Conditions apply to all quotations, offers, sales, export transactions, supplies, and commercial agreements issued or entered into by AMFCAE, unless otherwise agreed in writing by AMFCAE.
For the purpose of these Terms and Conditions:
These Terms and Conditions shall apply to all transactions unless otherwise agreed in writing and signed by both Parties.
Any quotation, offer, or proforma invoice issued by AMFCAE shall not be considered binding unless accepted in writing by the Buyer and confirmed by AMFCAE.
The Seller reserves the right to accept, reject, amend, or withdraw any quotation or offer before final confirmation.
An Order shall become binding only when confirmed in writing by the Seller, and when the agreed advance payment or other agreed payment security has been received.
Any changes to the Order, including quantity, specifications, packaging, delivery terms, or shipping instructions, must be approved in writing by the Seller.
Prices are based on the specifications, quantity, packaging, delivery terms, currency, and market conditions stated in the quotation or proforma invoice.
Unless otherwise stated, all prices are exclusive of bank charges, customs duties, import taxes, destination charges, inspection fees, storage fees, demurrage, or any other charges outside the Seller’s agreed responsibility.
Quotations are valid only for the period mentioned in the quotation. If no validity period is stated, the quotation shall remain valid for seven calendar days from the date of issue.
The Seller reserves the right to revise prices in case of changes in raw material cost, exchange rates, freight rates, government regulations, taxes, or other market conditions before final order confirmation.
For the first three orders between the Seller and the Buyer, the standard payment terms shall be:
Original shipping documents shall not be released until the full agreed payment has been received in the Seller’s approved bank account.
All bank charges outside the Seller’s bank shall be borne by the Buyer unless otherwise agreed in writing.
After successful completion of the first three orders and based on mutual trust, payment history, and commercial relationship, AMFCAE may consider more flexible payment plans, subject to written approval by the Seller.
Flexible payment terms may include different payment percentages, payment against documents, credit period, bank guarantee, letter of credit, or other agreed arrangements.
No flexible payment plan shall be considered valid unless approved in writing by AMFCAE.
The Buyer shall provide full and accurate order details, including product description, quantity, specifications, packaging requirements, destination, shipping terms, and required documents.
Once the Order is confirmed and production, procurement, packing, booking, or export preparation has started, the Buyer may not cancel or postpone the Order without the Seller’s written approval.
If cancellation is approved, the Buyer shall be responsible for any costs already incurred by the Seller, including production, procurement, packaging, inspection, storage, documentation, transportation, or administrative costs.
Products shall be supplied according to the specifications agreed in the quotation, proforma invoice, purchase order, contract, or written communication between the Parties.
Packaging, labeling, marking, carton details, palletizing, and any special requirements must be confirmed before order execution.
Any special packaging, private labeling, customized marking, or buyer-specific requirements may result in additional costs and must be agreed in writing.
The Buyer is responsible for ensuring that the requested specifications, labeling, documents, and import requirements comply with the regulations of the destination country.
The Buyer has the right to request inspection before shipment, either directly or through an approved third-party inspection company, subject to prior written agreement.
If inspection is required, all inspection costs shall be borne by the Buyer unless otherwise agreed.
Once the Goods are inspected, approved, loaded, shipped, or accepted by the Buyer or the Buyer’s appointed representative, the Goods shall be considered accepted in accordance with the agreed specifications.
Any claim regarding visible shortage, damage, or discrepancy must be reported in writing immediately upon receipt, supported by official documents, photos, inspection report, and carrier/shipping company report where applicable.
Delivery terms shall be agreed according to the quotation, proforma invoice, or contract, including but not limited to EXW, FOB, CFR, CIF, DAP, or other Incoterms agreed by the Parties.
The transfer of risk shall follow the agreed Incoterms and shipping terms stated in the commercial documents.
The Seller shall assist with export documentation, shipping coordination, and logistics support when included in the agreed terms.
Any delay caused by shipping lines, port congestion, customs authorities, weather conditions, force majeure, destination clearance, or other circumstances outside the Seller’s control shall not be considered the Seller’s responsibility.
Damage caused by shipping conditions, carrier handling, reefer malfunction, temperature deviation during transportation, port delay, customs delay, or any other shipping-related condition shall be the responsibility of the shipping company, carrier, freight forwarder, insurer, or responsible logistics party, according to the applicable shipping terms and transport documents.
The Buyer shall cooperate with the Seller, shipping company, freight forwarder, insurance provider, and inspection authority to submit any claim related to shipping damage or transport conditions.
The Seller shall provide the export documents agreed in the quotation, proforma invoice, or contract.
Documents may include, depending on the product and transaction:
Any additional documents requested by the Buyer must be agreed before shipment and may be subject to additional costs.
The original documents shall be released only after full payment of the agreed balance, unless otherwise agreed in writing.
The Buyer shall be responsible for:
The Seller shall not be responsible for delay, failure, or partial performance caused by events beyond its reasonable control.
Force majeure events include, but are not limited to, natural disasters, war, strikes, port congestion, shipping delays, container shortage, government restrictions, customs delays, epidemics, currency restrictions, export bans, crop failure, factory shutdown, supplier delay, accidents, fire, or any other event beyond the Seller’s control.
In such cases, the Seller shall notify the Buyer as soon as reasonably possible and both Parties shall cooperate to find a practical solution.
Any claim by the Buyer must be submitted in writing within a reasonable time after receipt of the Goods and must include full supporting documents.
Claims must include, where applicable:
Claims submitted without sufficient evidence may be rejected.
The Seller shall review valid claims in good faith and cooperate with the Buyer to resolve the matter in a fair commercial manner.
All prices, quotations, supplier details, commercial terms, business information, documents, and communications exchanged between the Parties shall be treated as confidential.
Neither Party shall disclose confidential information to any third party without prior written consent, except where required by law, banks, customs authorities, shipping companies, inspection bodies, or professional advisors involved in the transaction.
The Buyer and Seller shall comply with applicable laws, export regulations, customs requirements, anti-bribery rules, sanctions regulations, and trade compliance requirements.
The Seller reserves the right to refuse or suspend any transaction if there is a compliance concern, restricted destination, prohibited party, legal risk, or non-compliance with applicable regulations.
These Terms and Conditions shall be governed by the laws agreed between the Parties in the relevant contract, proforma invoice, or commercial agreement.
In the absence of a specific written agreement, the Parties shall first attempt to resolve any dispute amicably through negotiation.
If the dispute cannot be resolved amicably, the matter shall be referred to the competent court or arbitration forum agreed by the Parties in writing.
These Terms and Conditions form part of every quotation, proforma invoice, order confirmation, contract, and commercial transaction issued or accepted by AMFCAE.
Any amendment, exception, or special condition shall be valid only if agreed in writing by AMFCAE.
If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
By placing an Order, accepting a quotation, signing a proforma invoice, making payment, or receiving Goods from AMFCAE, the Buyer confirms acceptance of these Terms and Conditions.