Terms and conditions of sale

These general terms and conditions of sale (the “Terms”) govern the sale of trucks, vehicles and spare parts concluded by AXXOR GROUP SARL U, under the ChinaTrucksAfrica brand, with its customers.

They are intended for business customers: hauliers, public works and construction companies, businesses and traders. They apply to every order, unless otherwise agreed in writing and signed by both parties.

They prevail over the customer’s purchasing conditions. Any departure from them must be accepted in writing by AXXOR GROUP.

When the customer buys for personal use, the consumer protection rules that apply in their country remain applicable.

The Terms in force are those published on chinatrucksafrica.com on the date of the quote.

AXXOR GROUP SARL U (trade name: ChinaTrucksAfrica)
Single-member limited liability company with a share capital of 1 000 000 FCFA
RCCM: TG-LFW-01-2026-B13-03057 · NIF: 1002152273
Registered office: Adamavo Jupiter, Lomé, Togo
Phone / WhatsApp: +228 98 67 52 67 · Email: contact@chinatrucksafrica.com

Hereinafter “AXXOR GROUP” or “the Seller”.

• Customer: the individual or legal entity that requests a quote and places an order.
• Supplier: the Chinese manufacturer or factory that builds or supplies the vehicle or part.
• Quote: the detailed written proposal issued by AXXOR GROUP for a given order.
• Order: the Customer’s acceptance of the quote, under the conditions of Article 5.
• Product: the truck, vehicle or spare part ordered.
• Incoterms 2020: the rules of the International Chamber of Commerce that define how transport costs and risks are shared; the term CIF (cost, insurance and freight) refers to a sale in which sea freight and insurance are included up to the port of destination.

AXXOR GROUP is an international trading and commercial representation company. It represents Chinese suppliers and manufacturers in West Africa and has a team in China.

Depending on the order, AXXOR GROUP acts:

• either as seller, in its own name: the Customer pays AXXOR GROUP, which is then its contracting party;
• or as intermediary, representing the Supplier: the Customer pays the Supplier directly.

When the Customer pays the Supplier directly, the sales contract is concluded between the Supplier and the Customer, who are solely responsible for it, each for its own obligations: manufacturing, conformity, delivery, warranty and any refund for the Supplier; payment, acceptance and import formalities for the Customer. AXXOR GROUP is not a party to this contract. It handles selection, negotiation, inspection, logistics coordination and tracking, and helps the Customer in its dealings with the Supplier.

The quote and the invoices state which case applies to the order, and the identity of the payee.

Quotes are free and non-binding. Each quote details:

• the price of the Product ex China;
• sea freight;
• insurance up to the port of destination;
• the configuration of the Product;
• the warranty conditions of the model;
• the deposit percentage.

A quote is valid for 15 to 30 days. The exact period is stated on each quote. After this period, prices and availability must be confirmed.

The order becomes firm when two conditions are met: the Customer accepts the quote in writing (signature, email or WhatsApp message), and AXXOR GROUP or the Supplier has received the deposit.

The specifications published on the website are given for information only. Only the quote and the order are binding. Manufacturers may change their models; any significant difference is reported to the Customer before the order.

The vehicles in the catalogue are sold new. A used vehicle can only be supplied on request, and its condition is described in the quote.

Prices are expressed in CFA francs (FCFA) or US dollars (USD), as stated in the quote. Payments are made in the currency of the quote. Unless otherwise stated, prices are CIF port of destination (Incoterms 2020).

They include:

• the Product in the chosen configuration;
• transport to the port of loading in China;
• sea freight to the port of destination;
• marine transport insurance.

They do not include:

• customs duties, VAT and other taxes of the country of destination;
• port, handling and storage charges on arrival;
• the clearing agent’s fees;
• registration and roadworthiness testing;
• onward transport to a landlocked country, which is quoted separately.

Price revision. Prices may be revised until the balance is paid. A revision is possible if the Supplier’s price, sea freight, insurance or the exchange rate changes. It is notified to the Customer in writing, with supporting documents.

If the increase exceeds 5 % of the total price, the Customer may cancel the order within 5 working days of the notification. The sums paid are then refunded, less bank charges.

Deposit. On ordering, the Customer pays a deposit of 30 % or 40 % of the price, depending on the order. The percentage is stated in the quote and the deposit invoice.

Balance. The balance is paid before shipping, no later than 10 days after the Customer has received all the inspection photos and videos provided for in Article 9.

Payment method. All payments are made by bank transfer, to the account of AXXOR GROUP or of the Supplier, depending on the order. The payee and bank details are shown on each invoice.

Security. Before each transfer, the Customer checks that the payee’s name matches the invoice. It confirms the bank details by phone with its usual contact at AXXOR GROUP. AXXOR GROUP never asks for bank details to be changed by a simple message. A transfer made to an account that has not been confirmed in this way remains the Customer’s responsibility.

Bank charges. Bank charges are borne by the Customer. They are shared between the Customer and the Seller only in the cases expressly provided for in the quote.

Late payment. After the 10-day period, a penalty of 2 % of the outstanding balance per week of delay applies. Any week started is due in full. As long as the balance is unpaid, shipping is suspended. The resulting storage and shipping postponement costs are borne by the Customer.

Lead times are given for information:

• production or preparation at the factory: usually 2 to 4 weeks;
• sea freight: usually 20 to 30 days to West African ports; for Central Africa, the lead time is stated in the quote.

They depend on the Supplier, the shipping lines and the port authorities. The estimated delivery date at the port of destination is stated in the quote or the order confirmation.

AXXOR GROUP keeps the Customer informed by email and WhatsApp at every stage, and every week, until the Product is handed over.

A delay gives rise neither to cancellation nor to compensation, except in the following case. If delivery at the port of destination is more than 3 months later than the estimated date, for a reason other than force majeure or a failure by the Customer, the Customer may cancel the order under the conditions of Article 15.

Before shipping, AXXOR GROUP physically inspects the Product at the Supplier’s premises:

• photographs of all sides;
• video of the engine start;
• check of the engine, gearbox, mileage, bodywork and ordered configuration.

The photos, videos and inspection report are sent to the Customer. The Customer has 3 days from receipt to give its approval or to make written, reasoned reservations. Without a reply within this period, the inspection is deemed accepted.

If a non-conformity or defect is found during the inspection, the Supplier replaces the Product or the part concerned before shipping, at no cost to the Customer. A new inspection is then carried out, and the periods in Articles 7 and 9 start again from receipt of its results.

The mode of transport (ro-ro vessel, flat rack or container) depends on the type of Product and is organised by AXXOR GROUP.

In accordance with the CIF rule of Incoterms 2020, the risk of loss or damage passes to the Customer as soon as the Product is loaded on board the vessel at the port of loading.

Sea transport is insured up to the port of destination, for the benefit of the Customer. The quote states the level of cover. Wider cover can be taken out at the Customer’s request and expense.

In the event of damage, the Customer makes written reservations with the carrier or the stevedore on receipt. It informs AXXOR GROUP, with photos, within 10 days. AXXOR GROUP assists it in filing the claim with the insurer.

AXXOR GROUP gives the Customer the original shipping documents: bill of lading, commercial invoice, certificate of origin, and any other document provided for in the order.

These documents are sent by DHL, or collected by the Customer at AXXOR GROUP’s office in Lomé.

Customs clearance is the Customer’s responsibility. The Customer entrusts it to its clearing agent, or to AXXOR GROUP’s partner network. The Customer pays:

• duties and taxes;
• port and storage charges;
• its clearing agent’s fees.

Before ordering, the Customer checks that the Product can be imported and registered in its country: vehicle age, emission standard, permitted weight and dimensions. AXXOR GROUP can advise, but this check is the Customer’s responsibility.

The Product remains the property of the seller until the price has been paid in full. The documents needed to take delivery are only handed over after this payment.

The transfer of risk, provided for in Article 10, takes place independently of the transfer of ownership.

The Customer examines the Product as soon as it is handed over.

It reports any claim in writing, with photographs, within 10 days of handover. After this period, the Product is deemed to comply with the order, except for a defect covered by the warranty in Article 14.

Damage that occurs during transport is covered by the insurance, under the conditions of Article 10.

New vehicles. They are covered by the manufacturer’s warranty. Its duration and mileage vary with the type of vehicle and can be up to 1 year or 100 000 km, whichever comes first. The conditions for the model ordered are stated in the quote. The warranty runs from the handover of the vehicle to the Customer.

Used vehicles. They are sold in the condition described in the quote and recorded in the inspection report, without warranty, unless a warranty is expressly stated in the quote.

Spare parts. New genuine parts are covered by their manufacturer’s warranty, whose duration is stated in the quote. Wear parts are not covered: filters, brake pads and linings, clutch discs, belts, bulbs, tyres.

Making a claim. The Customer reports the defect to AXXOR GROUP in writing within 10 days of discovering it. It attaches:

• photos or a video;
• the chassis number (VIN);
• the mileage;
• proof of maintenance.

AXXOR GROUP forwards the claim to the manufacturer and follows it up. When the warranty is granted, the replacement part is supplied free of charge by the manufacturer. Unless covered by the manufacturer, shipping the part to the Customer’s country and local labour remain at the Customer’s expense.

Exclusions. The warranty does not cover:

• normal wear and tear;
• damage caused by lack of maintenance or by maintenance that does not follow the manufacturer’s manual;
• damage caused by overloading or improper use;
• damage caused by unsuitable fuel or lubricants;
• damage caused by an accident or a modification of the vehicle;
• damage caused by non-genuine or non-equivalent parts;
• damage caused by a repair carried out without the prior approval of the manufacturer or AXXOR GROUP.

Cancellation by the Customer:

• Before the order is sent to the factory, that is within 48 hours of receipt of the deposit: the deposit is refunded in full, less bank charges.
• After the order has been sent to the factory: the deposit is retained up to the costs incurred and the penalties charged by the Supplier, within the limit of its amount. The rest is refunded.
• After manufacturing of a specific Product has started (configuration, body or equipment made to measure at the Customer’s request): the deposit is retained.
• After shipping: the order can no longer be cancelled.

Cancellation at no cost to the Customer. The Customer may cancel at no cost in two cases:

• a delivery delay of more than 3 months (Article 8);
• a price increase of more than 5 % (Article 6).

The sums paid are then refunded within 30 days, less bank charges only.

Failure to pay the balance. If the balance is not paid 30 days after the end of the period in Article 7, the Seller may cancel the order in writing. The deposit is then retained as compensation, without prejudice to the penalties and costs already due.

Payment made directly to the Supplier. Any refund is owed by the Supplier, in accordance with Article 4. AXXOR GROUP assists the Customer with its request.

If the Seller cannot fulfil the order for a reason attributable to it, the sums paid are refunded in full.

Neither party is liable for a delay or failure to perform caused by a force majeure event, that is an unforeseeable, irresistible and external event. For example: natural disaster, war, epidemic, decision of the authorities, port closure, general strike, interruption of sea transport.

The party concerned informs the other without delay. Obligations are suspended for the duration of the event.

When AXXOR GROUP acts as seller, its liability is limited to the amount the Customer has actually paid it for the order concerned.

When it acts as intermediary, its liability is limited to the services it performs itself (selection, inspection, coordination, tracking). It cannot exceed the fee it receives for that order. The obligations relating to the sale lie with the Supplier and the Customer (Article 4).

AXXOR GROUP is in no case liable for indirect damage, in particular:

• loss of business;
• loss of profit;
• vehicle downtime;
• loss of contracts;
• penalties owed by the Customer to third parties.

These limitations do not apply in the event of gross negligence or wilful misconduct.

The Customer’s data are processed in accordance with Togolese Law No. 2019-014 on the protection of personal data, under the conditions described in the legal notice and privacy policy.

These Terms are governed by Togolese law and the OHADA Uniform Acts. In particular, the Uniform Act on General Commercial Law governs commercial sales between businesses. Incoterms 2020 apply to the sharing of transport costs and risks.

In the event of a dispute, the parties first seek an amicable solution for 30 days from the written claim.

Failing that, the dispute is brought before the Lomé Commercial Court (Togo), which has sole jurisdiction.

These Terms are written in French. This English version is a translation: only the French version is legally binding.