Terms & Conditions
In these GENERAL conditions :
“Buyer” means the person who accepts our quotation as the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
“Goods” means the items which the Seller is to supply in accordance with these Conditions and any goods supplied in substitution for or in replacement of or in addition to such goods. “Seller” means ………….. (registration number ……. ) .
All goods supplied by us are sold only upon the following conditions
OFFERS AND CONCLUSION OF CONTRACT
The placing of an order for any such goods, or the acceptance of our quotation of tender or of delivery of the goods, includes acceptance of the following conditions. Unless expressly agreed by us in writing, any other terms and conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotation or tender,
all drawings, dimensions, weights, measures, specifications, standards of performance or other descriptions are estimated data only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of produce and the point and date of delivery.
In general form, our quotation is open for an extension on the validity from the stated period and is subject to written confirmation by us at the time of acceptance. All goods are offered subject to availability and upon receipt of order.
Delivery dates are estimates, unless a fixed date has been expressly agreed in writing .Prices quoted are based on the Inco terms from the offer requirements , Ex works are applicable in matters of collections from the business holder.
Delivery can be arranged upon request and will be quoted accordingly if required.
All Delivery lead times are relevant at the time of quotation and may be subject to change. Actual delivery schedule to be confirmed at the time of placing order / order confirmation.
The lead-times on the manufacturing will only commence with offer clearly settled on the terms
ANY CLARIFICATIONS / APPROVALS REQUIRED POST ORDER , SHALL BE CONFIRMED QUICKLY BY CLIENT. ANY DELAY TO CONFIRM WILL BE EXCLUDED FROM AGREED DELIVERY
DELAY IN DELIVERY
If we do not receive sufficient forwarding instructions within 7 days after notification that the goods are ready for dispatch, you will either take delivery or arrange for storage. Otherwise we shall be entitled to arrange storage on your behalf and at your risk, whether at our own works (a charge of 1.5% of the invoice value of the goods will be added per month). We shall also be entitled to payment as if the goods had been duly delivered. All charges for storage, insurance or demurrage will be payable by the buyer.
LOSS OR DAMAGE IN TRANSIT
Any shortage or damage must be clearly stated upon the driver’s Delivery Note and a written statement of the facts received at our office and by the Carrier (if not ourselves) within 48 working hours after the date of delivery, otherwise no claim will be entertained. The package and contents should be retained for examination.
All goods are sold subject to the prices and any relevant discounts ruling at the time of delivery. Discounts and prices are offered as a Full or complete order basis.
NOTE : ALL PRICES OFFERED FOR COMPLETE QUOTATION, PARTIAL ORDER SUBJECT TO REQUOTE. IN CASE OF ADDITIONAL REQUIREMENTS, PRICE & DELIVEY SHALL BE RECONFIRMED.
Prices offered shall be shown exclusive of VAT, and the VAT amount will depend upon the applicable VAT % prevailing at the time of sale. VAT will be shown separately on the invoice.
Shall be as stated within our quotation or in the case of customers with credit account facilities – in full without retention or set-off shall be due not later than the end of the credit period or on earlier demand. If you do not comply punctually with these terms of payment, we reserve the right to charge you interest on any amount overdue and without notice suspend further deliveries until all arrears (including interest) have been paid and, at our option, to rescind any subsisting contract with you as to all or any parts of future deliveries but without prejudice to any rights already accrued to us under such contracts.
It is to the buyer’s responsibility to determine that the goods are sufficient and suitable for the purpose in which the Order has been raised.
We shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency by the manner in which the goods are used.
DEFECTS AFTER DELIVERY
Manufacturer’s warranty for products supplied is valid against manufacturing defects only and will be invalid if the products are in assembly or operated incorrectly. Our liability under this Clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and we shall not be under any liability, whether in contract or otherwise, in respect if any defect in the goods delivered or for any injury, damage or loss resulting from such defects or from any work done in connection therewith.
RETURN OF GOODS
Goods once delivered and invoiced will not be accepted back. Payment if already made will not be refunded. Exchange will be accepted within 14 days of sale subject to prior approval and materials in original packed condition. Items procured specifically against an order can neither be returned or exchanged. A restocking fee of 5% is applicable (minimum AED 350 if items were delivered by us)
Orders once placed cannot be cancelled. Any advance payment received will be forfeited.
We may without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if:
- you fail to make payment on the due date under this or any contract between us.
- you cancel or suspend or commit any breach of this or any other contract between us.
- you become insolvent or make any composition with your creditors or have a receiver appointed of all or
- any part of your undertaking or assets or go into liquidation (save the purpose of amalgamation or reconstruction) and we shall be entitled to recover from you our loss of profit or loss of resale.
We will not be liable for any claims or damages in cases where the delivery terms cannot be met due to cause beyond its reasonable control.
Any failure by us to enforce any or all the Conditions shall not be construed as a waiver of our rights hereunder.
Standard Mill Certificates are available within the Offer terms.
Any additional test reports can be available upon request only and may be subject to a Manufacturers charge.
UAE LAW AND JURISDICTION
Unless otherwise specifically agreed in writing signed by an authorized signatory of the Purchaser, the Contract shall in all respects be construed in accordance with the laws of UAE, and the Jurisdiction shall be in UAE.