Terms and Conditions

Terms and Conditions of Website Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lambda Electronics. The collective work includes works that are licensed to Lambda Electronics. Copyright 2010, Lambda Electronics ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lambda Electronics or purchasing Lambda Electronics products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Lambda Electronics or to purchase Lambda Electronics products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lambda Electronics. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Lambda Electronics used in the site are trademarks or registered trademarks of Lambda Electronics


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Lambda Electronics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lambda Electronics does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Lambda Electronics does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Lambda Electronics shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Lambda Electronics has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Lambda Electronics product is mistakenly listed at an incorrect price, Lambda Electronics reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lambda Electronics reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lambda Electronics shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Lambda Electronics without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Lambda Electronics may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Lambda Electronics.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Arab Emirates, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lambda Electronics products) shall be in the United Arab Emirates. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lambda Electronics products) must be commenced within one (1) year after the claim or cause of action arises. Lambda Electronics's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lambda Electronics may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lambda Electronics or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Lambda Electronics does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lambda Electronics is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lambda Electronics reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Lambda Electronics in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Lambda Electronics, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Lambda Electronics may link to sites operated by third parties. However, even if the third party is affiliated with Lambda Electronics, Lambda Electronics has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lambda Electronics. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lambda Electronics seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


GENERAL TERMS AND CONDITIONS OF SALE

1 Definitions

Lambda Marine, hereafter referred to as “the Company”, is a supplier of products. Customers, hereafter referred to as “the Client”, are any entity, whether natural person or company, purchasing or intending to purchase goods and/or services from the Company, either electronically or non-electronically and regardless of whether such transactions are conducted “on-line” or “off-line”.

2 Quotations

(a) Quotations made by the Company are valid for thirty (30) days from the date as mentioned on the Quotation, unless otherwise indicated on the quotation and represent no obligation until the Company accepts the Client’s order through a written or electronic order acceptance.

(b) Quotations for which the Company has not received a written Order from the Client during its validity shall be cancelled automatically. Any part of a quotation not understood by the Client shall be clarified in writing by the Client with respect to its interpretation; else the Company’s interpretation shall be deemed as valid and final.

3 Order – Formation of the Contract

(a) Orders are accepted entirely at Company’s discretion. Order acknowledgements shall constitute a legally binding contract between the Company and the Client. Such contract is hereafter referred to in these terms and conditions as "a Sales Order".

(b) Unless confirmed otherwise, the above and below terms & conditions shall apply to any quotations, orders and deliveries from the Company. No alteration of these terms and conditions will be valid unless expressly accepted in writing by the Company.

(c) Telephone orders will be accepted only with Client’s official Purchase Order number. Any written confirmation of such orders must contain the Purchase Order and Order Acceptance number given by/to the Client at the time of order, failing which any duplication must be accepted and paid for by the Client.

(d) Goods supplied by the Company shall be in accordance with specifications and/or descriptions set out on the Company’s website, product brochure and/or order confirmation.

(e) Specifications of the product(s) are subject to change due to continuous improvement by the manufacturer.

4 Price, Delivery & Shipments

(a) Unless otherwise indicated, all prices quoted and/or displayed on the Company’s website are EXW Sharjah Airport Free Zone (Ex Works - INCO Terms 2010), excluding customs duties, local taxes, import duties/charges/fees, delivery charges and other state tax which are to be paid additionally by the Customer in the amount as specified by applicable law.

(b) Unless otherwise indicated, delivery will be EXW Sharjah Airport Free Zone and goods will be packed to the Company’s normal specification in non-returnable packing. Transport of goods to a destination selected/requested by the Client, if quoted, are unless otherwise indicated CPT (Carriage Paid To - INCO Terms 2010) to the main international airport of the destination country selected by the Client excluding any import duties/charges and importing will be arranged at the Client’s expense.

(c) Release documentation for goods supplied from bonded stock unless otherwise indicated will normally be provided free of charge if requested in writing at the time of placement of the order. Certificates of Conformity can be provided on request at cost.

(d) Unless otherwise indicated, any delivery period quoted is an estimate only and commences from receipt of payment of the Sales Order from the Client. Provided the Company takes all reasonable steps to deliver the goods at the time stated, the Company shall be under no liability for any delay or failure in delivery. The Company reserves the right to deliver in more than one consignment (partial shipments) and to invoice each consignment separately.

(e) Delivery of communication equipment, including but not limited to radios, radars etc., are subject to compliance with relevant state regulations regarding the use and importing of (tele-) communication equipment, such as TRA/MOC etc. Obtaining the necessary and applicable licenses are the responsibility of and for account of the customer. Delivery will be made upon receipt from the customer of copies of all relevant licenses.

5 Title and Risk

(a) The Company retains full ownership of the Products sold until full and complete payment of the order has been received in the Company’s bank account or Credit Card account, including any applicable charges/fees/duties and taxes. The presentation of a Money Order/Wire Transfer/Check/Bank or Credit Card Statement/Bank Transfer Order to pay shall not constitute payment. The above provisions do not prohibit the transfer to the Client of the risks of loss or damage. Should the Client fail to pay the full order value, including any applicable charges and/or taxes, the Company shall be entitled to demand the return of the goods delivered. Any expenses incurred in such returns shall be payable by the Client.

(b) As long as title to the Products has not passed to the Client, the Client shall not dispose of the Products or encumber them. The Client is not permitted to attach the Products to other objects in such a manner that they cannot be easily removed. The products shall be held separate from the Client’s own goods and clearly marked as the Company’s property.

6 Payment

(a) Unless expressly otherwise agreed upon in writing, the Company’s standard payment terms are payment with Order. Payment shall be made by the Client upon online checkout or receipt of the Company’s Invoice, without any suspension, set-off, deduction or discount. All costs incurred in connection with payment of the invoice shall be at the expense of the Client. The Company may change credit or payment terms for unfulfilled orders if, in the Company’s reasonable opinion, Clients financial condition, previous payment record, or relationship with the Company merits such change.

(b) Any discounts specified by the Company, if any, shall apply only where payment is received as indicated above. Payment shall not be withheld on account of any claim by the Client against the Company.

(c) The Company reserves the right to suspend deliveries where payment for any order, related or otherwise, has not been made by the due date and remains outstanding.

(d) Any disputes regarding an invoiced amount must be lodged in writing within 15 days from the date of the invoice. The undisputed amount must be settled before the dispute will be entertained by the Company.

(e) The Company may at its sole discretion extend the Client credit terms if and as long as a satisfactory purchase history of at least 12 months and US$ 1 million turnover has been established and is maintained. Such credit terms will be subject to separate terms & conditions, including the right to revoke such terms in case of any non-payments, and shall be confirmed in writing, and be limited to 30 days upon invoice date, after which the Company reserves the right to charge interest of 1% per month on any outstanding amount.

7 Description and data

(a) Where the Company is the manufacturer, system designer and/or system integrator, goods will be supplied substantially as described, but the right is reserved to make design changes which do not lower their performance, affect their mechanical interchange ability or increase their price. Where the Company is not the manufacturer, goods will be supplied to the manufacturer’s current specifications and finish.

(b) The Company shall make every effort to ensure the accuracy of technical or sales documentation relating to the goods but the Company (so far as permitted by law) accepts no liability in contract, tort or otherwise for any damage or injury arising directly or indirectly from any error or omission in such technical data or documentation.

8 Warranty

(a) The Company warrants at its discretion to repair or replace free of charge goods supplied by the Company found to be defective within 12 months of the date of delivery owing to faulty design, materials or workmanship, provided that the goods have not been installed, modified or repaired other than by the Company or its authorized representatives, have been operated, stored and maintained within the Company’s and/or Manufacturer’s recommendations for use and excludes defaults resulting from normal wear and tear. In the case of goods repaired or replaced by the Company the subsequent Warranty shall cover parts only and terminate at the end of the original Warranty period.

(b) Goods returned for warranty must be delivered to the Company’s premises at the Clients expense accompanied by the Company’s original packing note and a statement of the reason for return. Unless otherwise agreed upon, batteries and other consumable parts are not covered and therefore excluded from warranty.

(c) If assistance of the Company is requested with regard to on site repairs, the Company will undertake the repair and/or replacement of said apparatus on site. Not included in the Warranty are the costs for travel and travel time to and from the site.

(d) Exclusions; The Company is not obliged to provide warranty services or Support for any claims resulting from:

· Improper site preparation, or site or environmental conditions that do not conform to the Company’s and/or Manufacturer’s recommendations and/or site specifications,

· Client’s non-compliance with Specifications or Operating/Transaction Documents,

· Improper or inadequate maintenance or calibration;

· Client or third-party peripheral products, software, interfacing, supplies and/or other products,

· Modifications or repairs not performed or authorized by the Company,

· Virus, infection, worm or similar malicious code not introduced by the Company,

· Improper operation, usage, storage or maintenance not within the Company’s or Manufacturer’s recommendations for use,

· Abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by the Client or other causes of Force Majeure beyond the Company’s control.

9 Installation

(a) Unless expressly otherwise agreed upon in writing, installation work is charged time-on-line. Detailed service rates are available on request. Installation includes physical fitting of the equipment, terminating and connecting of all in- and out-going cables, final commissioning and acceptance test.

(b) Unless otherwise agreed upon, installation excludes physical laying and running of cables, yard- steel- and woodworks such as welding, burning and carpenters work, hire of cranes, crew launches etc., provision of mains and/or battery power supply.

(c) Installation charges are based on labour activities in normal working hours, being 8 hours per day during Sundday to Thursday 09.00-17.00 hrs including 1 hour lunch break. Unless otherwise agreed in writing, de-lays/idle times, travel, airline tickets, accommodation, lodging, crew launches, sundries and overtime are excluded and will be invoiced additionally.

10 Force Majeure

The Company shall have no liability or any obligation in respect of any failure of or delay in executing any contract due to any Force Majeure or any cause outside the Company’s control, including but not limited to acts of God, fire, floods, war, civil disturbances, riot, act of Government, currency restriction, industrial disputes, unavailability of materials or failure of supplier, carrier or sub-contractor to deliver on time, failures or breakdowns within or outside the Company and in general any event preventing the satisfactory execution of the orders.

11 Price variation

The Company reserves the right to increase the price of goods in proportion to any increase of costs to the Company between the date of quoting and the date of the order acceptance of the order (including, without limitation, costs relating to exchange rates, labour, materials, transport and taxes) or where the increase is due to any act or default of the Client, including without limitation the cancellation by the Client of part of any order or non-adherence to agreed call-off schedules of delivery arrangements.

12 Storage

When delivery is delayed for reasons attributable to the Client or its agents, (a) storage and other additional costs may be charged to the Client, (b) the goods will be at the Client’s risk from the date of commencement of such delay, (c) the original delivery date shall be the date of commencement of the Warranty and (d) the Company may invoice the price on the original delivery date.

13 Intellectual Property Rights

(a) The Client warrants that any design and specification supplied or specified by the Client to the Company will not involve the infringement of any IPR in the manufacture and sale of the goods by the Company.

(b) The Client undertakes to indemnify and keep indemnified the Company against all royalties, claims, actions, demands, proceedings, losses and costs in connection with any infringement of any IPR arising out of or in connection with the matters described in paragraphs (a) above.

14 Owner Supply

Items supplied by the Client, if any, as “Owner Supply” for the contract shall be of suitable quality and shall be provided free of charge in the quantities and at the times required by the Company. Any defect in such items shall not entitle the Client to rescind the contract or reject the goods, make deductions from the contract price or claim damages in respect of such defect and the Client shall indemnify and keep indemnified the Company from and against all actions, demands, claims, proceedings, losses, or costs arising from the supply of defective items by the Client.

15 Limitation of liability

(a) Save in the case of personal injury or death caused by the negligence of the Company and other than as provided in Condition 8, the Company shall not be liable in contract, tort, breach of statutory duty or otherwise for any loss, injury, destruction or damage suffered by the Client whatsoever or howsoever arising out of or in connection with the supply of goods or services by the Company.

(b) If for any reason the provisions of Conditions 13, 15(a) and 16(a) are of no effect in respect of a claim against the Company, the Company’s liability in respect of that claim shall in no event exceed the price paid for the relevant goods or services by the Client.

(c) The Company accepts no liability whether in contract, tort, breach of statutory duty or otherwise for any loss of use, profits or contracts of for any other form of consequential or indirect loss or damage.

16 Return Policy of goods and cancellation of orders

(a) If the Company agrees to accept cancellation or partial cancellation of an order prior to delivery of the goods a cancellation charge of 5% of the total order value will apply.

(b) Items purchased online or offline and received "dead on arrival" may be returned within 15 days of receipt of the goods in their original packing for an exchange, provided the goods are not physically damaged. Return freight will be for account of the buyer.

(c) Items purchased online and returned for other reasons than above within 15 days of receipt of the goods in their original unopened packing, provided the goods are not physically damaged, and subject to being tested and found to be fully working, will be subject to a 20% re-stocking charge. Return freight will be for account of the buyer.

(d) Items returned within 15 days in physically damaged condition or with opened or non-original packing or without supplied accessories will be subject to a 50% restocking fee if still in sell-able condition. Return freight will be for account of the buyer.

(e) Items returned within 15 days physically damaged beyond repair/resale are subject to a restocking fee of 100%. Return freight will be for account of the buyer.

(f) No returns are permitted without the Company’s prior agreement through the issuing of a Return Material Approval (RMA) in writing. Please always contact customer service for approval/RMA and detailed information on returning an item before doing so. All restocking charges are solely at the discretion of the Company.

17 Contract Termination

If the Client commits any breach of the terms and conditions of contract or suffers distress or execution or becomes insolvent or commits an act of bankruptcy or enters into any arrangement or composition with his creditors or goes or is put into liquidation (other than solely for amalgamation, or reconstruction while solvent) or if a receiver or administrator is appointed over any part of the Client’s business, the Company may without prejudice to any rights which may have accrued or which may accrue to it terminate the contract summarily by written notice.

18 Applicable Law

Any question relating to any quotation, Sales Order or any contract is subject to above conditions, including any amendments of these conditions if agreed prior to execution of the transaction in writing, and shall be subject in all respects to the laws of the United Arab Emirates.