Clause 1: Purpose

The general conditions of sale described below detail the rights and obligations of the company Blue Line W&P and its customer in connection with the sale of the following goods and services: NEW OR RECONDITIONED SPARE PARTS, REPAIR OR REFURBISHMENT OF PUMPS.

Any service performed by Blue Line W&P therefore implies the buyer’s unconditional adherence to these general conditions of sale.

Clause 2: Price

The prices of the goods sold are those on the quotation. They are denominated in US dollars and calculated including all taxes. The price may be increased by transport costs, but this supplement may only be applied if it is indicated in advance on the offer given to the customer.

Blue Line W&P agrees to change its rates at any time. However, it undertakes to invoice the ordered goods at the prices indicated at the time of registration of the order.

Clause 3: Discounts

The proposed rates include discounts and rebates that Blue Line W&P would be required to grant given its results or the buyer’s assumption of certain services.

Clause 4: Credit line

No credit will be granted.

Clause 5: Terms of Payment

Payment of orders is made:

• Either in cash
• Either by bank transfer

Without prior agreement, when registering the order, the buyer must pay a deposit of 50% of the total amount of the invoice, the balance to be paid upon receipt of the goods.

If an agreement is set, the number of days must be specified on the offer but may not exceed 30 days after receipt of the goods.

Clause 6: Late payment

In the event of total or partial non-payment of the delivered goods, the buyer must pay Blue Line W&P a late payment penalty equal to three percent.

This penalty is calculated on the TTC amount of the remaining amount due and runs from the due date of the payment without any prior formal notice being required.

If the company Blue Line W&P must have recourse to a lawyer or judicial officer to execute a formal notice following a default of payment, a lump sum of 150 USD will be charged as a fee.

Clause 7: Resolutory Clause

If within fifteen days of the formal notice, the buyer has not paid the remaining sums due, the sale will be cancelled by operation of law and Blue Line W&P will be able to recover the goods sold with damages and interest costs for its benefit.

Clause 8: Availability

If, despite the efforts of the company, all or part of the items are found to be unavailable or if the time between the delivery of the offer and the order changes, Blue Line W&P will inform the buyer by email by offering him the possibility to choose between waiting or cancelling the order of unavailable items without charge.

Clause 9: Guarantee

The products are guaranteed against any noncompliance or malfunction making them unfit for use and having as origin a defect of design of manufacture or material.

Unless otherwise specified, the warranty applies for a period that expires one month after the date of sale. The date of the delivery order is deemed to be valid.

The warranty is excluded if the defect is caused by abnormal conditions of use including defective maintenance, installation by an unqualified technician, inappropriate application or contrary to the precautions of use of the product, improper storage, shock, falling, negligence, etc.

Replacements made under the guarantee may not have the effect of extending the initial term of the guarantee.

The costs of disassembly and reassembly are in no case considered under this warranty and are borne by the customer.

Blue Line W&P cannot be held liable for any damage caused directly or indirectly by any equipment or component not invoiced by it and/or for other equipment or components used to be integrated into a package. Blue Line W&P cannot be held liable where the failure of one of its parts is caused by other neighbouring components to which they are associated.

Clause 10: Retention of title clause

The company Blue Line W&P retains ownership of the goods sold until full payment of the price.

The buyer undertakes not to take possession, deteriorate, resell, process goods that are not paid for.

In the same way as if the buyer is the subject of a recovery or liquidation, Blue Line W&P reserves the right to claim, within the framework of the collective proceedings, the goods sold and left unpaid.

Clause 11: Order

Orders are made directly by sending a «purchase order» via email or WhatsApp in order to have a quick and spontaneous response.

The PO must contain at least the following information:

– Identity of the issuer: name, address, legal name, national ID, tax number and RCCM.

– Identity of the Company Blue Line W&P: name, address, legal name, national ID, tax number and
   RCCM.

– order number and date of creation

– the complete list of products ordered: product name, number of products

– total price of the order: total amount for each product, excluding tax and including taxes; total
  amount excluding tax and total amount

  Including taxes, with VAT rate accuracy

– delivery information: date, place

– payment information: method of payment, lead time, deposit or not

All questions regarding an order are welcome.

Clause 12: Delivery

Delivery is made:

– either by the direct delivery of the goods to the buyer

– either by sending a notice of availability to the office for the attention of the buyer

– at the place indicated by the buyer on the purchase order

The delivery time indicated during the registration of the order is only indicative and is not guaranteed.

Consequently, any reasonable delay in the delivery of the products may not give rise to the benefit of the buyer to:

– the allocation of damages

– cancellation of the order

If Blue Line W&P exceeds the stated time limits by 30 days, the buyer may request the cancellation of the order and its refund without damages.

The transport risk is borne in full by Blue Line W&P until delivery of the goods to the buyer at the place indicated by the buyer.

The delivery will be made by a carrier and materialized by a paper receipt document, “Delivery note”, signed by the customer or any other recipient indicated by the customer.
Permission to access the customer’s site for the receipt of the goods must be given one day before the delivery date or it will be postponed to the next business day.

In case of transport damage, non-conformity of the order, the customer must mention his reservations, on receipt, directly on the delivery slip and confirm these in writing within 48 hours of delivery, by email or mail.

In this respect, it is the customer’s responsibility to verify the contents, conformity and condition of the goods delivered.

This verification is deemed to have been carried out as soon as the delivery note is signed by the customer or an authorised person.

In the absence of reservations on the delivery note, no claim by the customer will be accepted by Blue Line W&P for lack of quantitative conformity or apparent defect.

Only a subsequent claim as a legal guarantee of hidden defects will be possible.

The refusal of goods ordered on delivery by a customer may be considered abusive if the customer cannot justify the reality of the anomalies invoked.

Clause 13: Force majeure

The liability of the company Blue Line W&P cannot be implemented if the non-performance or delay in the performance of any of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure is meant in a non-exhaustive way of any external, unpredictable, and irresistible event such as wars, lockouts, riots, strikes, coups d’état, natural disasters, etc.

Clause 14: Reconditioning of pumps

The following provisions apply only to pump reconditioning and calibration work by Blue Line W&P.

Our qualified technicians test and repair the pumps very precisely and according to strict quality standards. Using experience and in-depth expertise, we have developed test procedures that allow us to test the pumps under simulated working conditions.

If a pump has been calibrated alone with our test injectors, Blue Line W&P offers no guarantee or intervention for this pump.

We will notify you as soon as possible upon receipt of a request if, for any reason, the repairs you have requested are not possible or are significantly delayed in their completion. Services or repairs may be delayed when performed outside the country of origin due to potentially limited availability of spare parts or local technical variation between models.

Clause 15: Personal data

All personal data necessary for the processing of an order are kept by the company and can be transmitted to the companies with which it collaborates, where such communication is necessary for the processing of the order.

The seller keeps personal data to facilitate subsequent orders.

Clause 16: Court of Competent Jurisdiction

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to Congolese law.

In the absence of an amicable resolution, the dispute will be brought before the Lubumbashi Commercial Court in the Democratic Republic of Congo.