Africa Harvest Exporters

Africa Harvest Exporters

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Africa Harvest Exporters - Terms and Conditions. 

Terms of Service

Right to Refuse Service:

Africa Harvest Exporters reserves the right to refuse service to any customer at any time, for any reason, at our discretion. This includes, but is not limited to, instances of non-compliance with our quality standards, payment terms, or regulatory requirements.

Data Security and Transmission:

You acknowledge that your provided data (excluding payment information) may be transmitted across various networks and may undergo changes to meet technical requirements of connected networks or devices. We assure you that all credit card information is securely encrypted during transmission over networks.

Restrictions on Content Use:

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our service, including website content, product information, or logistical details, without explicit written permission from Africa Harvest Exporters. This includes any contact information obtained through our website.

Headings for Convenience:

The headings used within these Terms of Service are provided for convenience and organizational purposes only. They do not limit, expand, or otherwise affect the interpretation or application of these terms.

Shipping and Delivery of Fresh Produce:

 Africa Harvest Exporters will utilize Incoterms as agreed upon in the sales contract to define the responsibilities and risks associated with shipping and delivery.

Customers are responsible for understanding and adhering to the chosen Incoterm. We will strive to maintain the cold chain and ensure timely delivery of fresh produce; however, delays due to unforeseen circumstances, including but not limited to weather, customs inspections, and transportation issues, are beyond our control.

Africa Harvest Exporters will not be held liable for losses resulting from such delays. Customers are responsible for providing accurate delivery addresses and contact information. Any re-delivery or storage fees incurred due to inaccurate information or customer unavailability will be the customer's responsibility.

Accuracy, Completeness, and Timeliness of Information:

Africa Harvest Exporters strives to provide accurate and up-to-date information regarding our products, services, and market conditions.

However, due to the dynamic nature of the fresh produce industry, including fluctuating market prices, seasonal availability, and evolving export regulations, we cannot guarantee the absolute accuracy, completeness, or timeliness of all information provided on our website or in our communications.

The information presented is intended for general reference and should not be used as the sole basis for critical business decisions.

We strongly advise customers to verify information with our sales team or consult relevant industry resources for the most current and reliable data.

Historical market information, when provided, is for reference purposes only and should not be interpreted as indicative of current market conditions.

Africa Harvest Exporters reserves the right to modify website content, product specifications, or pricing at any time without prior notice.

Customers are responsible for monitoring any changes to our website or communicated documents that may affect their business operations.

While we are committed to providing reliable information, any reliance on the information provided on our website or through our communications is at the customer's own discretion and risk.

Modifications to Product Offerings and Pricing:

Due to the inherent volatility of the fresh produce market, including seasonal variations, market demand, and logistical costs, Africa Harvest Exporters reserves the right to adjust product pricing without prior notice.

We are committed to providing competitive pricing while maintaining the highest quality standards.

Additionally, we may modify or discontinue certain product offerings, services, or logistical arrangements based on availability, market conditions, or regulatory changes.

While we endeavor to provide timely updates, Africa Harvest Exporters shall not be held liable for any financial losses or operational disruptions incurred by customers due to price adjustments or modifications to our product offerings or services.

Customers are encouraged to maintain open communication with our sales team for the most current information regarding product availability, pricing, and logistical arrangements.

Product Availability and Quality Assurance:

Africa Harvest Exporters reserves the right, but is not obligated, to limit the sales of our fresh produce to any person, geographic region, or jurisdiction.

This right may be exercised on a case-by-case basis, taking into account factors such as market demand, logistical constraints, and regulatory requirements.

We also reserve the right to limit the quantities of any products offered, particularly during periods of limited availability or seasonal fluctuations.

All product descriptions, specifications, and pricing are subject to change without prior notice, at the sole discretion of Africa Harvest Exporters.

We reserve the right to discontinue any product offering at any time, based on market conditions, agricultural factors, or other relevant considerations.

Any offer for a specific product or service made on our website or through our communications is void where prohibited by applicable laws or regulations.

While we are committed to delivering high-quality fresh produce that meets industry standards, Africa Harvest Exporters does not warrant that the quality of all products, services, information, or materials purchased or obtained will precisely meet every individual customer's expectations.

Agricultural products are subject to natural variations, and we cannot guarantee absolute uniformity.

We also do not warrant that all errors or minor inconsistencies in our services or communications will be immediately corrected.

However, we are dedicated to addressing customer concerns and resolving any significant quality or service issues in a timely and professional manner.

Optional Third-Party Resources:

Africa Harvest Exporters may provide access to optional third-party resources, such as market analysis tools, logistical tracking platforms, or regulatory information databases, to enhance our customers' export operations.

Please note that Africa Harvest Exporters neither monitors nor controls these third-party resources and provides them on an "as is" and "as available" basis, without any warranties, representations, or endorsements. We shall not be liable for any claims or damages arising from or related to your use of these optional third-party resources.

Any utilization of optional resources offered through our website or communications is at your sole risk and discretion. Customers are advised to thoroughly review and approve the terms and conditions provided by the respective third-party providers before using their resources.

Africa Harvest Exporters may, in the future, introduce new services or features through our website or communications, including new tools and resources relevant to the fresh produce export industry. These new services and features will also be subject to these Terms of Service.

Third-Party Resources and Links:

Africa Harvest Exporters may provide access to third-party resources, including market analysis reports, logistical tracking tools, or regulatory information databases, to facilitate our customers' export operations.

Please be aware that certain content, products, or services accessed through our website or communications may originate from third-party providers.

Third-party links provided on our website may direct you to external websites that are not affiliated with Africa Harvest Exporters.

We are not responsible for examining or evaluating the content, accuracy, or reliability of these third-party websites.

We do not warrant and will not be liable for any third-party materials, websites, products, or services.

Africa Harvest Exporters is not liable for any harm or damages related to your purchase or use of goods, services, resources, content, or transactions conducted through third-party websites.

We strongly advise our customers to carefully review the third-party providers' policies and practices before engaging in any transactions.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party providers.

Customer Feedback and Submissions:

Africa Harvest Exporters welcomes customer feedback and suggestions to improve our services.

However, any unsolicited creative ideas, suggestions, proposals, plans, or other materials submitted to us, whether online, by email, postal mail, or otherwise (collectively, 'submissions'), become the property of Africa Harvest Exporters.

We reserve the right to edit, copy, publish, distribute, translate, and utilize these submissions in any medium without restriction or obligation to maintain confidentiality, provide compensation, or respond.

Africa Harvest Exporters retains the right, but not the obligation, to monitor, edit, or remove any content that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or infringing upon any party's intellectual property rights or these Terms of Service.

Customers agree that their submissions will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights.

Submissions must not contain libelous, unlawful, abusive, or obscene material, nor introduce any computer viruses or malware that could disrupt our services or related websites.

Customers must not use false email addresses, impersonate others, or misrepresent the origin of their submissions.

Customers are solely responsible for the content and accuracy of their submissions.

Africa Harvest Exporters assumes no responsibility or liability for any submissions posted by customers or third parties.

Personal Information and Privacy:

Africa Harvest Exporters respects the privacy of our customers.

The submission of your personal information through our website or during business transactions is governed by our Privacy Policy.

We strongly encourage you to review our Privacy Policy to understand how we collect, use, and protect your personal information.

By engaging with our services, you acknowledge and agree to the terms outlined in our Privacy Policy.

Errors, Inaccuracies, and Omissions:

Africa Harvest Exporters endeavors to provide accurate and up-to-date information regarding our products, pricing, and logistical details.

However, due to the dynamic nature of the fresh produce market, including seasonal variations, market fluctuations, and logistical complexities, occasional errors, inaccuracies, or omissions may occur on our website or in our communications.

These errors may pertain to product descriptions, pricing, promotional offers, shipping charges, transit times, and product availability.

Africa Harvest Exporters reserves the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information on our website or in our communications is inaccurate, at any time, without prior notice, including after an order has been submitted.

We are under no obligation to update, amend, or clarify information on our website or in our communications, including pricing information, except as required by applicable law.

The absence of a specified update or refresh date on our website or in our communications should not be interpreted as an indication that all information has been modified or updated.

Prohibited Uses:

In addition to other prohibitions outlined in these Terms of Service, customers are prohibited from using our website, services, or related content for any of the following purposes:

For any unlawful activity, including but not limited to, the violation of export regulations, agricultural laws, or food safety standards.

To solicit or encourage others to engage in unlawful activities.

To violate any international, national, regional, or local regulations, rules, laws, or ordinances relevant to the export of fresh produce.

To infringe upon or violate the intellectual property rights of Africa Harvest Exporters or any third party.

To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person or entity based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

To submit false or misleading information, particularly regarding product specifications, certifications, or export documentation.

To upload or transmit viruses, malware, or any other malicious code that could disrupt the functionality or operation of our services, website, or related systems.

To collect or track the personal or business information of other customers or partners without their explicit consent.

To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping of our website or related data.

For any obscene, immoral, or otherwise inappropriate purpose.

To interfere with or circumvent the security features of our services, website, or related systems.

Africa Harvest Exporters reserves the right to terminate any customer's access to our services or website for violating any of these prohibited uses.

We take these prohibited uses very seriously, and will take any and all actions necessary to protect our company, and our customer base.

Disclaimer of Warranties and Limitations of Liability:

Africa Harvest Exporters does not guarantee, represent, or warrant that your use of our services, including website access, order processing, or logistical support, will be uninterrupted, timely, secure, or error-free.

Due to the inherent complexities of the fresh produce export industry, including agricultural factors, logistical challenges, and regulatory variations, we cannot warrant that the results obtained from using our services will be absolutely accurate or reliable.

Customers acknowledge and agree that Africa Harvest Exporters may, from time to time, suspend or discontinue services for indefinite periods or cancel services entirely, without prior notice, due to factors beyond our control, such as agricultural supply limitations, regulatory changes, or logistical disruptions.

Customers expressly agree that their use of, or inability to use, our services is at their sole risk.

Our services and all products and information provided are offered on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Africa Harvest Exporters, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of our services or any products obtained through our services.

This includes any claims related to errors or omissions in content, or any loss or damage resulting from the use of our services or content, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification:

Customers agree to indemnify, defend, and hold harmless Africa Harvest Exporters, including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from:

The customer's breach of these Terms of Service or any documents incorporated herein by reference.

The customer's violation of any applicable laws, regulations, or industry standards related to the export of fresh produce.

The customer's infringement upon the rights of any third party, including intellectual property rights, contractual obligations, or regulatory compliance.

Any claims related to the customers mishandling of the produce after the point of risk transfer, based on the agreed upon incoterm.

This indemnification covers any claims related to product quality, safety, regulatory compliance, or contractual obligations arising from the customer's actions or omissions.

Severability:

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will still be enforced to the maximum extent permitted by applicable law.

The unenforceable portion will be considered separate from these Terms of Service, and this determination will not affect the validity or enforceability of any other remaining provisions.

Termination:

All obligations and liabilities incurred by either party prior to the termination date shall remain in effect following the termination of this agreement.

These Terms of Service remain effective unless and until terminated by either the customer or Africa Harvest Exporters.

Customers may terminate these Terms of Service by providing written notice that they no longer wish to utilize our services or upon ceasing to use our website and services.

Africa Harvest Exporters reserves the right to terminate this agreement at any time, without prior notice, if, in our sole judgment, a customer fails or is suspected of failing to comply with any term or provision of these Terms of Service.

In such cases, the customer will remain liable for all outstanding amounts due up to and including the termination date.

We may also, at our discretion, deny the customer access to our services or any portion thereof.

Termination can occur due to, but is not limited to, non-payment, regulatory violations, or the submission of false or misleading information.

Entire Agreement:

The failure of Africa Harvest Exporters to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted on our website or provided in connection with our services, constitute the entire agreement and understanding between the customer and Africa Harvest Exporters.

These agreements supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the customer and Africa Harvest Exporters, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law:

These Terms of Service and any separate agreements under which Africa Harvest Exporters provides services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Changes to Terms and Conditions:

Africa Harvest Exporters reserves the right, at its sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and changes on our website.

Customers are responsible for periodically reviewing our website for any changes to these Terms of Service.

Continued use of our website or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Africa Harvest Exporters will make reasonable efforts to notify customers of significant changes, but it remains the customer's responsibility to stay informed.

Contact and Support:

For any questions or inquiries regarding these Terms of Service or our services, please contact us at info@africaharvestexporters.com.

Last Updated: 21/03/2025.

Africa Harvest Exporters
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