Each order will only be considered official after the emission of its respective contract in which shall have our internal control number, sent to the parties by e-mail or fax.

Whatever condition unforeseen in the contract will not be recognized, thus not committing the parties;

Verbal agreements or by telephone shall need a written confirmation;

Whichever concessions or tolerances contrary to the contract established later its signature date, will be considered non-committing, not constituting any formal right in favor of the contracting or third parties;

All agreements will be subject to comply with the laws which regulate the trading, either in the domestic market by the brazilian laws, or international exportation rules, issued by the competent authorities;

The necessary documents for the bureaucratic import and export procedures, specific for each individual country, are the sole responsibility of the contracting party who assumes the responsibility of its emission. The impossibility to present such documents does not exempt the party;

Occurring any alteration of the basis utilized for the contracted price determination between the contract signature date and the date of delivery of the merchandise, FRUITWARE reserves the right to readjust them in accordance with the altered basis;

Unless contrary disposition, duly expressed in the contract and in accordance with the combined INCOTERMS, the dispatch of the merchandise follow on the account and at the risk of the contracting party, as well as the freight, the transport insurance, the storage and the withdrawal.

 

Business carried out by FRUITWARE implies the tacit acceptance by the parties involved, since it is understood that all details have previously been discussed and accepted by the parties prior to the emission of our transaction confirmation contract;
Subsequently, even without an acceptance formalization in written or by other midia, the sole silence of the parties in 24 hours period means that the issued contract satisfies all previously discussed details. As such, having been agreed upon, it should be considered as accepted.

Orders can only be cancelled as long as the delivery of the product is not in course, being an explicit justification of the motives inducing such cancellation imperative as well as complete agreement by the opposite party.
Reasons of force majeure or fortuity causes, duly acknowledge by the applicable laws, which preclude the fulfillment of the contract will be also factors that allow the party to request its cancellation.

FRUITWARE reserves the right to carry out a credit analysis of the contracting party, utilizing the appropriate ethical and commercial means for that purpose;
However, the credit confirmation made by FRUITWARE does not imply in credit risk protection of the prejudiced party or exposed to that risk;
Independent of the credit analysis, any transaction carried out for the first time with the contracting party shall be done through advanced payment, or by Letter of Credit (L/C), with first class banks.

The agreed withdrawal period of the merchandise at the destination follows the contract rules;

The expenses incurred for delayed withdrawal of the merchandise will be charged to the exclusive account of the party that caused such delay, such as demurrage, seizure for whatever motive, lack of documents, etc.

The contracting party will have a five (5) day period after receipt of the goods at the destination, agreed upon between the parties, to file claim regarding the quality or the packing, not exempting the responsibilities of third parties or accidental cases.

A negotiable commission shall be charged by FRUITWARE, to be paid by the selling party, except otherwise agreed upon by the parties and established in contract;
The commission, previously agreed upon, must be paid together with the main collection.

All expenses and additional costs related to the transaction and not foreseen in the contract must be reimbursed to FRUITWARE, who will issue a respective cost memorial.

All information and inherent transaction data must be kept in absolute secrecy, except when previously and expressly authorized by the parties.