Commercial Terms & Policies

Last Updated: 10 December 2023

FRUTANA®️ – Commercial Terms & Policies

All commercial activities, transactions, and services provided by FRUTANA®️ are governed by the following policies. By requesting a Proforma Invoice, confirming an order, or making a payment, THE CLIENT acknowledges and fully accepts these terms.

1. Proforma Invoice

All transactions are governed by the Proforma Invoice issued by FRUTANA®️. It constitutes a legally binding agreement once confirmed by THE CLIENT through email, message, or payment. In case of discrepancy, the Proforma Invoice shall prevail.

2. Payment Conditions

All payment terms are strictly defined in the Proforma Invoice. No production, booking, shipment, or document release shall be executed without confirmed payment. Proof of payment is not valid until funds are credited to FRUTANA®️’s bank account.

3. Shipping & Risk

All shipments are governed by Incoterms and FRUTANA®️ Shipping Policy. FRUTANA®️’s responsibility ends once the cargo is loaded on board at the port of origin. All risks, delays, and costs thereafter are transferred to THE CLIENT.

4. Claims & Quality

All claims are governed exclusively by the FRUTANA®️ Quality Claims Policy. Failure to comply with procedures, timelines, or evidence requirements will result in automatic rejection. No claim is valid if payment obligations are not fulfilled.

5. Commercial Control

FRUTANA®️ reserves the right to evaluate clients based on payment behavior and operational risk. Based on such evaluation, FRUTANA®️ may modify payment terms or suspend operations without prior notice.

6. Operational Principle

No Payment → No Production → No Shipment → No Documents → No Responsibility.

7. Limitation of Liability

FRUTANA®️ shall not be liable for any indirect, incidental, or commercial damages, including loss of profit. Liability shall be limited strictly to the value of the goods supplied.

8. Confidentiality

All commercial information, prices, shipment details, and documents are strictly confidential. Unauthorized disclosure constitutes a material breach of contract.

9. Legal Framework

All transactions shall be governed by the laws of the Republic of Ecuador. Any dispute shall be resolved exclusively by the courts of Guayaquil, Ecuador.