COMMERCIAL SALE AGREEMENTS IN CAMEROON

A commercial sale agreement may be made either in writing or orally since no conditions are laid down as to form. Any means of evidence may be used to prove the existence and contents of the agreement.

The contract is formed when an offer has been made by one party and accepted by the other, provided the offer identifies the goods concerned and, either expressly or implicitly, determines the quantity and price or gives sufficient indications allowing these to be determined.

Obligations of the parties

Generally, the parties to a commercial sale agreement are bound by existing customs and practice in the relevant area of business. International commercial sales may also be regulated by the Vienna Convention on the international sale of Goods.

However, parties may exclude application of the provisions of the Vienna Convention, but the provisions of the Uniform Act governing commercial sales are mandatory.

• Obligations of the seller: The seller is required to deliver the goods in question with any relevant documents. If the agreement does not stipulate otherwise, he must either deliver them to a carrier for onward delivery to the purchaser or, if the contract does not provide for transport, must make them available for the purchaser either at the place they have been manufactured or where they are being held in stock, or at the seller’s principal place of business.

If the agreement provides for transport, the seller must take the appropriate steps for the goods to be delivered to the place agreed with the purchaser. If the seller is not obliged to insure the goods himself, the seller must provide the purchaser with all information necessary to obtain insurance cover for the goods during carriage.

The seller must deliver the goods that are in conformity with the order. He is liable for any non-conformity as of the date of the transfer of the risk to the purchaser, including latent defects which were hidden at that time and only come to light in the future etc.

• Obligations of the purchaser: The purchaser must pay the price and take delivery of the goods. The parties may provide in the contract that the price will be payable only after inspection of the goods by the purchaser.

The obligation to take delivery means that the purchaser must complete any formalities needed to allow the seller to deliver the goods, and to remove the goods once they have reached the greed point of delivery.