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|General Terms & Conditions of Sale|
GENERAL TERMS AND CONDITIONS OF SALE
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”.
(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.
(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.
(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.
(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.
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 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
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.
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