CANEX

Sales and delivery conditions

All deliveries and performance on behalf of the company CANEX are carried out exclusively under the following terms and conditions of sale and delivery. In the event of any inconsistency between the Conditions, the Sales Contract, and the Product Specification, the Conditions prevail. These conditions are binding for us only if we have acknowledged them in writing. With the signature of the purchase contract or acceptance of the goods supplied by us, the customer confirms acceptance of our terms and conditions.

Our offers are subject to the scope of delivery, the purchase contract, or our written order confirmation. Obvious errors, print, numerical, written, and calculation errors are not binding for us and do not confer any entitlement to benefits or compensation.

Prices are posted from our warehouse - EXW. These prices do not include statutory tax nor the cost of packing unless explicitly stated otherwise.

Order confirmation items are due and payable within five working days from the date specified on the order confirmation, event without discount unless otherwise specified.
Interest on late payments is determined according to the official central bank of Egypt's announced interest rate plus three percent.

The retention of payments or compensation for any buyer’s claim is not permitted.

The Buyer has the right to review all of the Payment Documents and request any additional documents and necessary information from the Seller to ensure the validity of the Payment Documents' details. Any expenses incurred in relation to the issuance of the Payment Documents or any other related documents, including but not limited to, the packing list, the bill of lading, and the certificate of origin shall be solely borne by the Seller. The Seller shall respond promptly to any clarifications requested by the Buyer in relation to such documents.

Products delivered abide by the terms of the agreement(s) done between the Buyer and the Seller. The Seller's responsibility shall cease when the product is delivered at the delivery point agreed in the agreement(s). The Seller is not liable to the Buyer for any loss or damage or deterioration of the material after delivery, even if the Seller arranges freight.

The Buyer may raise complaints regarding any deviation in the product specification within 10 business days of receiving the product from the Seller. The Seller is responsible for responding to such complaints within a maximum period of 3 months. After the Seller provides their response, the Buyer is required to provide feedback within one month. If the Buyer does not provide feedback within that one-month period, the Seller will consider the response as accepted, and the claim will be closed.

At the moment of handing over to the first carrier for shipment the agreed-upon goods, the seller passes the risk of damage to the goods to the buyer, as long as the packaging instructions agreed upon are clearly met unless otherwise specified.

The Buyer must accept the material supplied under the Agreement if it is in accordance with the description stated in the Agreement and within the tolerances with regard to the quantity, weight, dimensions, chemical composition, physical properties and finish as may be specified in the Sales Contract, as the case may be, except where the Buyer, disputes that the Material supplied is within specification.
The seller assumes the responsibility for the quality of the unprocessed goods in the length of the agreed warranty period, namely:

• Chemical Composition: Lifetime warranty.

• Mechanical Composition: Lifetime warranty.

• Dimension: Lifetime warranty.

• Powder Coating: According to “Qualicoat” standard terms.

• Wood Effect: According to “Qualideco” standard terms.

• Packaging Material (Protective tape): Six months from the date of application.

The buyer has to follow the following directions in order to claim the above-agreed warranties:

• The claim should be raised for material that is not processed yet. Any processed material will not be accepted in the claim.

• For delivery claims, the buyer shall inform the seller of any delivery defects within 48 hours from the shipment’s delivery to the buyer’s premises, as long as the package has not been opened by the buyer.

• For visible and dimensional defects: customer complaints are acceptable within 10 working days from the product delivery to the customer’s premises.

• For chemical and mechanical defects: customer complaints are acceptable within 1 month from the product delivery to the customer’s premises. And based on test results conducted by the customer's internal or external laboratory.

• For powder coating defects: Will be handled according to the “Qualicoat” standard terms.

• Wood Effect: Will be handled according to the “Qualideco” standard terms.

• Packaging Material (Protective tape): Customer complaints must be raised within 10 working days from the product delivery to the customer's premises. It's important to note that complaints related to improper storage conditions will not be covered by the warranty.

Our valuable customer should send us a full clear description and count for the claimed items attached by clear media (photos and videos) inspection reports, as well as onsite inspection will be done by CANEX authorized representative if needed.

The Buyer may have the freedom to obtain insurance on the Transport; yet under his sole expense and responsibility (otherwise mentioned in the agreement). On the customer's wish to cut off its cost for consignment insurance against theft, destruction, fire, and water element, as well as against other coverable risks.

Ownership of the goods is transferred to the buyer upon full payment of the purchase price. Unless the agreed payment terms are met the warranty is considered void.
The buyer shall abide by the agreed payment terms and pay the due amounts in full regardless of any claim defects, otherwise, the warranty is considered void.

The Buyer agrees to release, hold harmless, indemnify and defend the Seller against all actions, claims, demands, liabilities, losses, damages, costs, charges, and expenses suffered or incurred by the Seller as a result of or in connection with any of the following:

• the Seller's compliance with the Buyer's instructions regarding the Material;

• the Buyer’s failure to provide or display safety information on or relating to the Material, comply with laws relating to the use, sale, marketing, labeling, or marking of the Material, or detect and bring to the Seller’s attention matters for which the Seller may become liable, whether for negligence, under the legislation, or in tort, contract or otherwise;

• any statement the Buyer makes about the Material without the Seller's written approval;

• the use of Material by the Buyer or a third party;

• the Buyer's negligence, willful misconduct, or breach of this Agreement.

Each indemnity provided by the Buyer is a continuing obligation separate and independent from the parties’ other obligations and survives the expiry or earlier termination of this Agreement.

The following conditions should be respected when storing aluminum products to avoid possible damage and corrosion. Any defects that arise due to improper storage conditions will not be covered by the warranty:

• While transporting the aluminum products, and to prevent any friction, the buyer should take into consideration the weight and check for any overload.

• The Products shall not be stored under the rain, snow, strong wind, or other harsh weather conditions as this may result in the corrosion of the products and will not be covered under warranty.

• All aluminum products must be stored in a clean and dry environment, and free from any chemical interaction whenever possible. Such products must be stored indoors and should be covered at all times.

• Temperature and humidity variations within the warehouse should be kept to a minimum. All stock must be kept constant over the dew point temperature.

• To avoid ground contact, all stocks must be reserved on wooden or metal pallets at all times.

• It is prohibited to store aluminum material outdoors at all times. In the case of the outdoor storage of the products, CANEX will not be responsible for any damage caused to the products.

• For coated profile protected with adhesive tape:

  −    The tape should be removed after installation.

  −    Remove the film at temperatures above 5° C. 

  −    Suggested temperature of surface and environment: +15° to 40° C

Moreover, it is also strongly advised to take into consideration the below measures:

• A simple frame could be installed around the bundles by covering them with a waterproof film, tarpaulin, or similar material. 

• A reasonable space should be kept between the bundles and the waterproof cap to allow free air circulation. 

• It is recommended to store the bundles at a slight inclination without any contact with the ground to allow the rain to drain away from the stock.

• The stock area should be kept under surveillance to check for any possible wetness in the material. 

• Regardless of the material’s position of storage (stored at the bottom, top, or center of a bundle), there is always a high chance that they might get wet since condensation of water could not always be inevitable and water may not always flow away.

The Buyer has the right to delegate his representative or an inspection company to attend the delivery, sampling, weighting, and analysis of the Product while carried out at the Delivery Point.
Any changes to this Agreement must be made by mutual agreement in writing between the two parties signing this agreement and with their total mutual consent.

This Agreement may be terminated by mutual written consent of the Buyer and Seller. The party who wishes to terminate this agreement has to send a written notification explaining the reasons for the termination at least one month in advance.

In the event of the termination of this Agreement in accordance with the details mentioned in this Agreement, this Agreement shall forthwith become void, but nothing herein shall relieve either Party from liability for any breach of this Agreement or any Agreement made as of the date hereof or subsequent thereto pursuant to this Agreement.