Article 1: scope of application: Unless special conditions are decreed and agreed by written, pre feel general conditions apply to ops sales, service and warranty rations produced by SMEIA of its customers.
Any condition that does not comply with the pre feel general conditions that the customer will formulate will be rejected. less than
SMEIA does not have it on purpose and by recognized the applicability.
The customer by formulating his order, accepts without any reserves the entirety pre feel generous conditions, and recognizes you had perfect knowledge of it, renounceant of this fact is PR sert any document to the contrary, and in particular its own terms and conditions of purchase.
The act of purchase entered does not automatically accept the SMEIA general conditions.
SMEIA may modify the general terms and conditions to anytime.
Article 2: order of purchase: any order of purchase reached at SMEIA only constitutes an offer to contract by the customer and obligations customer knowledge.
The deposit towards for any order can only be standard neither used for another order. Satisfaction by SMEIA of the order of purchase is made within the limited available stocks.
Article 3: order of repair: the client formulating his order to repair, express authorization SMEIA do and executed all the repairs of writings and for which it declear in every close to subject to the vehicle driving tests for verify the efficiency .
- The signature by the customer of, expressly on his part firm acceptance term from the time of the repairs to; perform only has conditions And this, without possibility discussion or request for review.
- The date provided for the collection of the vehicle at return is given to . As an indication, it may be subject to any modification depending on And importance of complexity works of repair to; execute, without this being able to open the right on the part of the customer at any reclaim.
- invoicing of parking and security fees reason of 40 DH HT per day from standard, so much that every day e started is billedand for a dayand gone.
- The amount of the bill of repair is due And payable at the latest at the date view And the customer is constituted in default by the occurrence of said term, without it is necessary to justify by SMEIA formal arrest.
- Any older than 20 days from the dateview for the enclothing vehicle will be rewhore give up by its owner shut up And SMEIA reserves the right, at the risks And customer eyes:
• to place the vhoist in any other place it sees fit.
• with a view to ensure the recovery of its receivables And outstanding this, not with standing any other claim for damages, interests And other charges And charges.
Article 4: price: the prices indicateds in dirhams are rewhores all taxes included, excluding shipping costs.
SMEIA reserves the right to modify its prices. any time. Only the rates in effect at the time of delivery are binding on SMEIA.
Article 5: payment: The price is payable immediately the date of the order acceptance.
The repayment is made by certified bank workbench at; order from SMEIA And sent to the sound address if social age.
In the case wherethe customer would be in standard in the payment of the price, SMEIA will be entitled to reshout standard ts whose rate will begal to; the one practiced by banks serious; the date of exigibility, serious unless SMEIA provides proof of the'existence of'damage the amount of which would be greater laughing at
amount of moratoria interests, in which case, SMEIA will be entitled to request repair of said prejustice.
Any incident or standard of payment makes And automatically payable all sums owed by the customer without
SMEIA does not have to justify any formal notice.
In case of creation of ofend of trade for the regulation of part or all of the customer's claim to SMEIA, And depayment due only one of these effAnds on simple prefeeling And without protection And eight days afters l sending formal notice by lAndtre recommendede without result, the whole sums owed by the customer will be immediately and automatically due.
These sums will earn interest. from the due date of the unpaid ; And this, at the rate practiced by the banks to said deadline.
Furthermore, SMEIA will be entitled to suspend or cancel any pending customer order as more defaulting.
Article 6: final clause: in case of appeal to justice And & As a penalty clause, given the irrecoverable costs of representation to which SMEIA is exposed, it will be due; by the debtor.
Defaulter, in addition to the interests of standard provided, an compensation equal to 15% of the total amount due.
Article 7: delivery: SMEIA does not process the order And the delivery times do not start at run only at the date of full payment of the corresponding price.
Delivery times are only given at indicative title; unless, at exceptionally, SMEIA has undertaken in writing to observe a specific delivery date.
Delivery is made to; our points of sale. The risks will be at the customer's responsibility from the date of collection of the goods notified to the customer.
Article 8: Complaint: the customer, by taking possession of his goods, acknowledges their full compliance with the goods. with the conditions of his order. No subsequent claim will be admissible.
The customer by formulating his order recognizes the specificities And the characteristics specific to our products with respect to all the requirements of their use. Any subsequent claim by the client, his employees SMEIA.
Article 9: retention of title the delivered products will remain the property of from SMEIA to that the customer has fulfilled all his obligations to; against SMEIA And in particular until full payment of the price, if necessary, increased; interests.
Candid retention of title; does not preclude the transfer of risks which will be at risk; the customer's responsibility from the date indicated of the removal of the goods in accordance with; the article 7 above.
Consequently, the purchaser undertakes, until full payment of the amount of the invoice in principal And accessories And by way of exemption from; DOC Section 420:
- keep the goods specified on this invoice in due care, reserve them for its personal use, at do not alter, export or dispose of them in any way.
- have SMEIA make any modifications and carry out any repairs that may become necessary.
or by a designated third party; by her.
- subscribe, to its costs, any insurance against all risks, generally any And serious; pay the taxes relating to the objects sold.
- notify SMEIA on time of any seizure or objections to the objects sold, indicating the names And address of the seizing party.
- inform SMEIA of any change in its residence.
- authorize, at any time, SMEIA or its delegates to examine the goods sold.
- bear all risks of loss or deterioration even in the event of force major, fortuitous event or act of others.
Article 10: warranty: New products sold by SMEIA benefit from the warranty of their respective manufacturer under the conditions provided for in the vehicle booklet given to the customer.
Any part of the new vehicle sold by SMEIA recognized as defective And eligible for the warranty clause will be repaired or replaced by SMEIA And this, at any time; free title. Under no circumstances shall the customer
may claim the replacement of the vehicle sold or the termination of its sale.
SMEIA not being a manufacturer of the BMW or MINI brands, therefore its responsibility cannot be wanted for any damage that may occur to persons or things resulting from visible or invisible defects that may exist in the goods sold.
only the manufacturers of said brands may be held liable for said damage.
Article 11: retermination of the contract: in the event of breach of the think and eur serious the any particular conditionsres And of these general conditions, as in the case wherehe would come he would come one of the situations foreseen by law And initiating the is required immediate of any dAndte to; terms, SMEIA aura at the faculty by reterminate the sales contract And also within 3 days formal notice by lAndtre recommended:
- either proceed with the payment of all installments remaining due, the end of the term so lost,
- either take back the goods object of the present an invoice, all sums towards is remaining finally acquired to SMEIA.
Article 12: clause relating to; data protected at Characteristics are personal: The information collected by the company Smeia are subject to destiny treatment to customer management, data recipient the taxes, banks, companies etc; customer satisfaction study the, internal use Andc.).
In accordance with; the law 09-08 promulgated by the Dahir 1-09-15 of 18 February 2009, relating to; the protection of natural persons & with regard to data processinges Characteristics re personal, anyone concernede by said treatment area of a right of rectification of information concerning them, she can exercise in addressing to Mr. Amine Mimouli, Head of BMW-MINI Customer Relations Management Section (email address: [email protected]).
For legitimate reasons, any person concerned may be opposes what gives them that concerns her do the a treatment.
This treatment has you notified and authorized by the CNDP under the receipt/ of the permission
Article 13: confidentiality obligations clause and security : In order to guarantee secrecy, the security and confidentiality dare give are, Smeia and the Customer engage serious; :
- take all are pre-bonds useful, in order to preserve the safety dare giveare, especially .
- don't deal with the data are only within the scope of the instructions and the authorization received are.
- only process information whole only and exclusively within them and within the framework of the execution feel.
- dare treatments carried out as part of the entrusted mission.
- do not use the service care a subcontractor, except whether the latter is parallely and fully express by SMEIA and acts under its control the and its rare responsibility, as part of a contract submitted validation foravailable from SMEIA and enabling ensure the rarespect of the obligations subscribed.
- rarely observes their obligation of secrecy, security and confidentiality, the occasion of any operation and remote maintenance, carried out within their premises or any company you involved in the processing.
- take all measure to expensive any use. - pro cares last, the end of the commercial transaction, serious; the destruction of data are, computer file ares or manuals, appearing on any medium.
Furthermore, Smeia and the Customer prohibit themselves:
- to disclose, in any form whatsoever, all or part of the information contained in computer filares or manuals, or appearing on any medium transmitted or concerning the information collected during the ex for executionfeel.
- use the media or documents that have you trusts, by any means or purpose wheather on their behalf or on behalf of third party, for professional, personal or private purpose are other than those offinished by pre feel, all or part of the information contained on said media or collected by them during the exepr execution feel.
- to make a copy or store, whatever be its form and purpose, all or part of the information contained on the media or documents which have you trusts or collected during the exepr execution feel.
Smeia and the Customer engage:
- first ask again for other party provide proof that they have the organizational, technical and financial means to guarantee compliance and effectivenes of the obligation of secrecy, confidentiality and sultan security
of the present.
- cooperate in all circumstances involving the obligation of secrecy, confidentiality and scurityy.
- Reification allow realization by them or any person mandated by tharee last&erare and sub reserve only the verifiers are not direct competitors, in any verification he finds useful the performance of their obligations. Smeia and the Customer's commitment to cooperate in good faith and without reserve with the verifiers when they will be noticeare of the realization of an audit.
- bring into works Their costs and without d I have all corrective measure are underline in the ratio of verification.
Smeia and the Customer acknowledge that in the event of non-compliance with the obligations subscribed within the framework of the pre feel, their rareponsibility will be able to be engagede according to the provisions prseen by law 09-08 relating the protection of natural persons & IRegard to data procaresare personal character.
Article 14: applicable law and comp jurisdiction: pre feel general conditions subject to Moroccan law.
for all pre current and future tensions rrareulting from commercial relations between SMEIA and the customer, including for credit feel sare by effects or that it is given exclusively competence in the commercial courts of the place of if social age of SMEIA.
By express agreement, the effects, square, acceptancare of settlement or exp&cash on delivery operate neither innovation nor exemption this attributive clause of competence.
The attributive clause of skill above apply not only to difficulties are may come from the fact even from the sale, but also serious; those that may come from post facts such damage, depayment of bills or other, and this, even in case of disputare perform by way of refer; or otherwise.
Article 15: miscellaneous: the fact that SMEIA doare not not exercise any of its rights under the genoteral preconditions are or will tolerate breach by the customer serious. I any of its obligations cannot be consider there after as a waiver on his part exercise this right or to execute said clause, and no waiver shall have effect only to the extent where it is made by written.