GENERAL TERMS AND CONDITIONS OF SALE
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”.
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.
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
3 Order – Formation of the
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
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
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.
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
Specifications of the product(s) are subject to change due to continuous
improvement by the manufacturer.
4 Price, Delivery &
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
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.
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.
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.
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
5 Title and Risk
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.
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.
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.
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.
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
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.
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
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.
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.
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
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.
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.
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
Improper or inadequate maintenance or
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.
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.
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.
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
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
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.
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
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.
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
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
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
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.
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
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.
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.
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.
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.
Items returned within 15 days physically damaged beyond repair/resale are subject to a
restocking fee of up to 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
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
18 Applicable Law
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.