Al Soor Al Malaky Technical Services L.L.C operates the website www.alsooralmalaky.com (“Site”). The following are the terms and conditions that apply to your use of the Site (“Terms of Use”). By using the Site, you fully agree to be bound by these Terms of Use and the www.alsooralmalaky.com privacy policy, as well as to adhere to these Terms of Use and all applicable laws and regulations regulating Site use. Al Soor Al Malaky Technical Services L.L.C retains the right to amend these Terms of Use at any time, with changes taking effect immediately after being posted on the Site. Please return to this page of the Site on a regular basis. When there are revisions to the Terms of Use, we will notify you at the bottom of the Terms of Use. AL will terminate your account if you breach these Terms of Service.
1.TERMS AND CONDITIONS
1.1 These Conditions cancel and supersede any and all terms of sale pertaining to Goods (and any supplements thereto) previously issued by Seller to Buyer and are subject to change without advance notice.
1.2 The prices, charges, discounts, terms of sale and other provisions referred to or contained herein shall apply to Goods sold and shipped to Buyer and shall remain in effect unless and until superseded in writing by Seller.
1.3 Acceptance of an Order for Goods by Seller shall be deemed to constitute a binding agreement between the parties pursuant to the Conditions contained herein and Buyer agrees that the Order may not thereafter be cancelled, countermanded, or otherwise changed without the prior written consent of Seller.
1.4 These Conditions supersede any prior agreements, representations, or other communications between the parties relating to the subject matter set forth herein. No other terms and conditions shall apply (unless expressly agreed in writing by authorized representatives of both Seller and Buyer) including the terms of any purchase order or any other terms submitted to Seller by Buyer, whether or not such terms are inconsistent or conflict with or are in addition to the terms and conditions set forth herein.
1.5 Seller’s acceptance of Buyer’s purchase order is conditional upon Buyer’s acceptance of all the terms and conditions contained in these Conditions. Any communication construed as an offer by Seller and acceptance thereof is expressly limited to the terms and conditions set forth herein.
2.BASIS OF SALE
2.1 Each Order shall be deemed to incorporate these Conditions.
2.2 The display of products on [www.alsooralmalakyuae.com] constitutes an invitation to consider Seller’s Goods and not a formal offer. An offer will be made by Buyer upon the completion of the purchase process set out on these pages and shall only be accepted by Seller (and Seller will only be contractually bound) when Seller confirms to Buyer that it has accepted such Order in writing, as evidenced by Seller’s sales order acknowledgement made subject exclusively to these Conditions.
2.3 Seller reserves the right to refuse an offer from a Buyer for any reason.
2.4 Goods are sold subject to their availability.
2.5 Seller reserves the right to make any changes to the Goods which are required to conform to any applicable safety or other statutory requirements.
3.TERMS OF PAYMENTS
3.1 Payment by Buyer for Goods purchased by it shall be made in accordance with any of the following terms, provided they have been previously arranged with and expressly approved by Seller in writing: (1) cash in advance; (2) confirmed, irrevocable letter of credit established in such amount and form and at such time and at such bank as shall be approved by Seller in respect of each Order; or (3) other payment arrangements expressly approved by Seller in writing prior to or at the time the Order is placed.
3.2 Payment for an Order shall be made in AED. All payments shall be made in accordance with the terms of the applicable invoice and time for payment shall be of the essence of the contract in accordance with these Conditions.
3.3 If any Buyer credit account purchase is not paid in accordance with Seller’s credit payment terms, in addition to any other remedies allowed by law, Seller may refuse to make further shipments without advance payment by Buyer. Nothing contained herein shall be construed as requiring Seller to sell any Goods to Buyer on credit terms at any time or prohibiting Seller from making any and all credit decisions which it, in its sole discretion, deems appropriate for Seller.
3.4 Unless otherwise stated all prices quoted are valid for 30 days only (the “Validity Period”) or until earlier acceptance by Buyer. If the Validity Period expires without acceptance by Buyer, the price may be altered by Seller without giving notice to Buyer.
3.5 Seller reserves the right by giving notice to Buyer at any time to increase the purchase price of the Goods to reflect any increase in the cost to Seller which is due to any factor beyond the control of Seller including (but without limitation) any increase in the cost of raw materials, labour or services or duties or any currency fluctuations affecting the cost of imported materials, any alteration of taxes or other levies, any change in delivery dates, quantities or specifications for the Goods requested by Buyer, any increase in cost of carriage, and any failure of Buyer to provide adequate information or instructions.
3.6 Unless otherwise specified, Buyer shall pay the purchase price upon notification that the Goods are available for delivery. Such payment shall be made without any deduction and notwithstanding that Buyer may not have collected the Goods and / or that the title to the Goods has not passed to Buyer.
3.7 If Buyer fails to make a payment due to Seller by the due date, then, without limiting Seller’s remedies, Buyer shall pay interest on the overdue sum from the due date until payment of the overdue
4.WARRANTIES
4.1 Subject to clause 4.2, Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free of defects in material and workmanship for a period of 12 months from the date of delivery.
4.2 The warranty in clause 4.1 is given subject to the following conditions:
4.2.1 Seller shall not be liable in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the instructions of Seller (whether oral or in writing), misuse, alteration or repair of Goods (without the written approval of Seller); and
4.2.2 the warranty does not extend in any way to parts, material or equipment not manufactured by Seller.
4.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
4.4 These Conditions shall apply to any repaired or replacement Goods supplied by Seller, subject to the provisions of clause 4.6 hereof.
4.5 Any claim by Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with their specification shall be notified to Seller within 3 days of the date of the delivery or (where the defect or failure was not apparent on reasonable inspection) within 48 hours after discovery of the defect or failure. If a Buyer does not notify Seller accordingly then Seller shall have no liability for such defect or failure.
4.6 In the event of a valid claim which is notified to Seller in accordance with paragraph 8.5, Seller may (in its absolute discretion) repair or replace the Goods (or the relevant part) free of charge or refund Buyer the price of the Goods (or a proportionate part thereof) but Seller shall have no further liability to Buyer. Any repaired or replacement Goods shall have a warranty period of twelve (12) months from date of shipment or the period remaining on the product warranty for the affected Goods originally supplied (if any), whichever is shortest.
4.7 Seller shall not be liable for any loss or damage howsoever caused to a Buyer’s property.
4.8 Seller shall not be liable to Buyer or be deemed to be in breach of an Order by reason of any delay in performing or any failure to perform any of Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the reasonable control of Seller.
4.9 Information on [www.cranefs.com] may contain inaccuracies or typographical errors. Information and product specifications may be changed without notice. No warranty is given that the information on [www.cranefs.com] is accurate, complete or current. [www.cranefs.com] may be temporarily unavailable from time to time. Nothing on [www.cranefs.com] shall be construed as a condition, warranty or representation.
5.INSTALLATION
5.1 Unless otherwise expressly agreed in writing, Buyer shall be solely responsible for the installation of the Goods purchased. Although Seller may in some cases provide a technician, data and drawings to aid Buyer with installation or commissioning, Seller assumes no responsibility for proper installation or support of any Goods when installed and disclaims any express or implied warranties with respect to such installation and support. Notwithstanding whether data and drawings are provided or a technician aids in the installation or commissioning, Buyer shall indemnify and hold Seller harmless and at Seller’s request, defend Seller from all claims, demands or legal proceedings (including the costs, expenses and reasonable attorney’s fees incurred in connection with the defence of any such matter) which may be made or brought against Seller in connection with damage or personal injury arising out of said installation or commissioning.