(NOT APPLICABLE FOR ONLINE SALES ORDER)
ANBI Group – ANBI General Trading (L.L.C.) / ANBI Air Condition Trading (L.L.C.)
(Hereinafter “Seller”)
Application:
Every sale and delivery by the Seller is based on the following terms and constitutes the entire understanding and Agreement between the Seller and Buyer (collectively the “parties”). Unless expressly agreed in writing, any terms and conditions contained in the buyers order or otherwise shall not apply.
Acceptance:
- All orders are subject to the seller’s written acknowledgement and are accepted on the understanding that these conditions apply.
- Orders accepted cannot be cancelled without the seller’s written consent, and cancellation of any contract to which the buyer is a party will not constitute sufficient cause for cancellation of any order placed by the buyer.
Prices and Delivery:
- Prices agreed upon are exclusive of all taxes and duties.
- Unless otherwise agreed, the prices and delivery terms are “ex-works”.
- Any request by the Buyer for delivery, or special or export packing will be charged separately.
- In stock-out situations, Seller shall make every reasonable effort to meet quoted / acknowledged delivery dates but shall not be liable in any manner for failure to meet such dates.
- The seller will arrange delivery of goods by means, at the sellers discretion, of ordinary goods transport, unless the buyer otherwise requires.
- All prices are subject to alteration without prior notice and are accepted on the understanding that they will be invoiced at prices ruling at the day of dispatch. The purchaser will pay such prices as so invoiced.
- Material must be inspected upon delivery for any non-compliance. Rejection of material will not be accepted one week from Delivery date.
- A signed delivery note by our buyers representative or their agent confirming receipt of goods is a commitment to pay for the goods as per the purchase order. The signed delivery note is an acknowledgement that goods were received in good condition and as per order.
Payment:
- The price for all goods shall be due for payment as agreed in our quote summary or as per credit facility allowed. The buyer will be granted credit facility only after approval of his credit application by the company (seller) director in writing.
- If the payment is not made on due date the seller reserves the right to suspend deliveries on this or any other contract from the buyer.
- Should the buyer fail to comply with the terms of payment punctually the seller shall be entitled to collect a service & admin charges at the rate of 5% per month of the outstanding amount.
- Purchase Order that is processed and acknowledged by seller cannot be cancelled, modified, or superseded unless agreed upon in writing and approved by Division Manager. The buyer is responsible for full payment of Purchase Order as per the agreed Quotation, when cancelled after our order acknowledgement.
Title:
The Products sold hereunder remain Seller’s property until full payment is made to the Seller.
Risks:
Seller’s responsibility for the products stops and the risk passes on to the Buyer on delivery to Buyer, his agent, carrier, Transport Company, mail or courier. The Carrier, Transport Company and mailing and courier services shall be deemed to be the agents of the Buyer and consequently any expense, damage or loss occurring during transportation has to be borne solely by the Buyer.
Products return:
Refunds or Exchanges will be made only if the product purchased is defective. Written return authorization documents must be obtained from ANBI Sales Manager before any products may be returned for inspection. A 20% restocking charge will be deducted from the credit amount on acceptable returned goods.
Warranties:
Except for individual written warranties supplied with the Products, the Seller does not accept and will not be liable for any warranties whether oral express or implied. In particular no implied or statutory warranties of merchantability or fitness for particular purpose shall apply.
Limitations of Liability:
- The total liability of Seller, on any claim, whether in contract, warranty, tort (including negligence or patent infringement) or otherwise, arising out of, connected with, or resulting from the performance or non-performance of any agreement resulting here from or from the sale, delivery resale, replacement or use of any Product or the furnishing of any service, shall not exceed the price allocable to the Product or service which gives rise to the claim.
- In no event, whether as a result of Product defect/malfunction, breach of contract, warranty, tort (including negligence or patent infringement) or otherwise, shall Seller be liable for any special, consequential, incidental, indirect or exemplary damages, including, but not limited to, loss of profit or revenues, loss of use of the Products or any associated equipment, cost of capital, cost of substitute goods, facilities, services or replacement power downtime costs or claims of Buyer’s customers for such damages. If Buyer transfers title to, or leases the Products sold hereunder to, or otherwise permits or suffers use by, any third party, Buyer shall obtain from such third party a provision affording Seller the protection of the proceeding sentence.
- If Seller furnishes Buyer with advice or other assistance which concerns any Product supplied hereunder or any system or equipment in which any such Product may be installed, the furnishing of such advice or assistance shall not subject Seller to any liability, whether in contract, Warranty, tort, (including negligence or patent infringement) or otherwise.
General:
- The delegation or assignment by Buyer of any or all of its duties or rights hereunder without Seller’s prior written consent shall be void,
- Buyer shall not use or export or re-export any Products or materials or information purchased/received from the Seller (or any copies thereof) in violation of any applicable laws or regulations of UAE, USA or the United Nations. Buyer shall at all times comply with any applicable UAE, USA, United Nations or other laws and regulations relating to the use and export of the Products or materials or information.
- The provisions of any agreement resulting here from are for the benefit of the parties hereto and not for any other person except as specifically provided herein.
- Buyer may terminate an order only upon paying Seller its termination charges determined in accordance with Seller’s standard accounting practices upon submission of Seller’s invoices therefore. Termination of an order shall not relieve either party of any obligation arising out of work performed prior to termination.
- As used throughout this instrument, (i) the term Product (or Products or goods) is defined to include all equipment, materials, supplies, components, services, design and data, in other words all work which Seller has supplied and/or contracted to supply.
- The obligations of each party under this Agreement shall be suspended during the period and to the extent that such party is prevented or hindered from complying therewith by any cause beyond its reasonable control.
- The invalidity, in whole or in part of any Article or Paragraph thereof shall not affect the validity of the remainder of such Article or Paragraph or of any agreement resulting wherefrom.
- The validity, performance and all matters relating to the interpretation and effect of this Agreement and all disputes and/or differences resulting there from and any amendment thereto shall be governed by the laws of the United Arab Emirates.
Arbitration:
All disputes arising in connection with this contract shall be settled by arbitration. The arbitration shall be held in Dubai, United Arab Emirates and in accordance with United Arab Emirates Law of Arbitration. Judgment Upon the award entered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and all order or enforcement as the case may be.
Force Majeure:
The seller shall be under no liability for any delay in carrying out, or for the non performance of, any of its obligation under these terms caused by any circumstances (including, but not limited to, war riot, accident, fire, storm, flood, industrial dispute, and supplies or labour shortages) beyond its direct and reasonable control.
Health and Safety:
The buyer will ensure that all information supplied by the seller on the use of the goods (including information on the conditions necessary to secure that use is safe and without risk of health) will be available to and will applied by its employees and contractors and purchasers from the buyer.
Amendments:
These Terms & Condition of Sale may be reproduced or amended by seller’s board of directors without notice.
UAE Law:
All contract of sale and these conditions shall in all respect be construed and operate in accordance with Dubai, U.A.E. Law and the buyer hereby submits to the non-exclusive jurisdiction of the Dubai, U.A.E. courts but without prejudice to the right of the company to bring proceedings in any jurisdiction it thinks fit.