“The Company” refers to AJV Technical Equipment-FZCO
“The Buyer” refers to the Company’s customer who intends to purchase goods or services.
All goods sold, and services rendered by the Company are subject to the general terms and conditions set forth here below, in addition to any other special conditions stated in the Company’s commercial offer. Any variation or contradictory terms set forth by the Buyer, whether in Buyer’s purchase order or by way of any other communication, are expressly objected to and will not be binding on the Company, unless agreed in writing by an authorized officer of the Company.
The Buyer is responsible for the accuracy of its order that should include detailed and complete technical information, drawings etc. required by the Company to execute the order.
Information contained in catalogues, pictures and similar materials issued by the Company are for illustrative purposes only; and the Company reserves the right to determine the actual technical specification of equipment’s or goods required to fulfil the Buyer’s order and to make necessary changes, which does not materially affect the quality or performance of goods.
Where goods are supplied for export, the Buyer is responsible for complying with relevant import regulations prevalent in the country of destination and for paying any import duties.
2. Price and Validity
Unless stated otherwise in the Company’s commercial offer, prices are Ex-Works, Dubai, United Arab Emirates. All delivery costs, transportation, packaging and insurance shall be to the Buyer’s account.
The offered prices are exclusive of any value added tax, which when it becomes applicable, shall be to the Buyer’s account.
Unless stated otherwise, prices given in the Company’s commercial offer remains valid for a maximum of 30 days from the date of offer submission.
Beyond the offer validity date, the Company reserves the right to increase the prices stated in the Company’s commercial offer according to any subsequent increase in the cost of materials, spare parts or labour and adverse currency fluctuation.
Unless stated otherwise, the quoted prices are in AED
If our quoted prices are in US Dollars, then it is considered at the current fixed exchange rate of USD 1 to AED 3.68. In the event of revaluation of AED, all outstanding US Dollar invoices of the Company, on the date of revaluation should be settled either in AED at the above agreed rate of USD 1 to AED 3.68 or in US Dollars equivalent to total AED value calculated at the rate of 3.68.
The Company’s above note of exchange rate freeze is presumed to have been understood and agreed by the Buyer, on confirmation of quotation and placing order with the Company.
4. Information and Variations
In the event more detailed information becomes available subsequent to the submission of initial offer, the Company reserves the right to make appropriate amendments and revise the quotation accordingly.
Changes to design, layout or equipment, which becomes necessary as a direct result of modifications or alterations to the currently available information with the Company, shall be charged as variation to the contract. Variation price refers to the market price prevailing at the time of change and it will be acted only after receipt of written approval from the Buyer.
The system design and equipment quantities quoted are to the best of our knowledge in full accordance with the requirements of the specified regulations and certifying authorities on the basis that compliance with your enquiry specification does not contravene said regulations. However, should an amendment becomes necessary to meet any specific requirement of the said authorities relating to individual cases, the Company reserves the right to amend the prices accordingly.
6. Class Approval & Surveyor Attendance Charges
Unless stated otherwise in the Company’s commercial offer, the Company will obtain the related Classification Society Approval for the design documents prepared in accordance with the rules and requirements of approving authority.
All charges relating to the cost of surveyor attendance during and after installation including final testing and commissioning shall be to the account of the Buyer.
The Company warrants products/equipments to be free from defects in material and workmanship for a period not exceeding twelve (12) months from the date of delivery.
The above warranty does not apply in respect of any defects caused as a direct consequence of improper installation (other than by the Company), inadequate maintenance, fire, impact or other external events, neglect, misuse, abuse or failure to comply with any training, advice or instructions given by the Company.
The above guarantee does not cover cost of consumable items, and applies to replacement or repair of goods so long as the original manufacturer’s warranty remains valid. Also it does not cover any other related expenses like accommodation, food, visa, local transport, airfare etc. required for the engineer/ technician to attend to the fault at location.
The company shall make all reasonable endeavours to honour the delivery date(s) stated in the commercial offer.
In any event should the delivery be delayed by an act, omission or delay attributed to or caused by the Buyer, the Company shall be entitled to a reasonable extension of time, to be mutually discussed and agreed upon.
In extraordinary cases, where the delivery be delayed by the manufacturer for unknown reasons which is beyond the control of the Company; or a situation arising to warrant the implementation of force majeure clause, in such instances the Company shall be entitled to extension of time, considering the genuine reasons and circumstances which are not consequences of tangible or intangible negligence.
9. Payment terms
The Company encourages the Buyer to keep up timely payment schedules which will directly enhance the Company’s adherence to committed delivery plans and even improve the same, where possible.
Advance payment shall be paid not later than 7 Days after the receipt of invoice. Balance payment as per Terms shall not under any circumstances exceed 30 days from the date of invoice or as per Approved Credit arrangements specified to particular project.
If the Buyer fails to effect payment by the stipulated date, the Company shall be entitled to charge interest for the delayed period at the rate of 2% each month delayed. In case of late payment, the Company may, after having notified the Buyer in writing, suspend execution or performance of the contract until such payment is received in full.
10. Risk and property
Risk of damage or loss of goods shall pass on to the Buyer immediately upon the acceptance of the delivery.
All items delivered shall remain the property of the Company until paid for in full; and additionally the Company reserves the right to recover the goods or any equivalent items supplied, installed or commissioned, to the equivalent value of the outstanding.
11. Force Majeure
The Company shall not be liable for punitive action for any delay or default arising from “Force Majeure” such as caused by accidental fire (not caused due to our neglect and/or default) natural calamities such as flood, earthquake, volcanic activities, civil or military commotion (circumstances beyond our control) or strikes/ lock-outs, etc., (not applicable for occurrences at our sub- contractors works). The Company shall notify the Buyer about the Force Majeure assertion within a fortnight of such an occurrence.
12. Cancellation fees
Where the buyer cancels any Order or any agreement before the Goods or Products have been delivered or completely delivered, and/or Services have been commenced or completed by the Company the buyer may in the absolute discretion of the Company still be required to pay the full Price (or any part thereof) for the Goods or Products and/or Services agreed under this Agreement. The buyer shall not be entitled to any refund of the Price paid.
Any disputes or differences arising out of this arrangement will firstly be settled amicably between both parties, the Company and the Buyer, failing which it shall be referred to arbitration as per UAE Law.
The Buyer shall arrange for the removal and reinstallation of sidewall panels and ceilings and also provide floor cement, if required. Additionally, the Buyer shall supply and install necessary Cable Trays and Multi Cable Transits.
The Buyer shall arrange integration of proposed fixed installation with any other system including connection from Main & Emergency power supply or battery back ups, UPS Etc.
The Buyer shall arrange for the scaffolding and crane required for the entire installation period. The requirement of the above service will be informed in advance by the Company’s project in charge.