These terms and conditions (“Terms and Conditions”) may accompany A1 Devices price quotation for the products listed therein (the “Products”) and shall apply to all Product orders made by Customer “BUYER” and accepted by A1 Devices Technology “SELLER”.
Upon Application
Nothing herein requires “Seller” to sell or “Buyer” to purchase any particular quantity of Products. Orders for the products are only deemed accepted when accepted in writing by an authorized representative of “Seller”.
“Seller” prices for the products set forth on the Quotation/Proforma Invoice are subject to change.
“Seller” reserves the right to revise the Price Prices agreed upon are exclusive of all taxes, duties and delivery charges, unless otherwise agreed.
Quoted prices are specific to the quantity, lead time and delivery method.
Products & Prices
Nothing herein requires “Seller” to sell or “Buyer” to purchase any particular quantity of Products. Orders for the products are only deemed accepted when accepted in writing by an authorized representative of “Seller”.
“Seller” prices for the products set forth on the Quotation/Proforma Invoice are subject to change. “Seller” reserves the right to revise the
Price Prices agreed upon are exclusive of all taxes, duties and delivery charges, unless otherwise agreed
Quoted prices are specific to the quantity, lead time and delivery method
Order
Buyer may only place orders via A1 Devices Sales Person by following the due process of the Seller’s Policy ordering method. Obligation to confirm the validity of any order placed or the authority of the person placing an order in this manner shall be subject to the Buyer.
Payment
Payment shall be made in cash (UAE Dirhams and USD) or by credit cards (Visa and Mastercard) only. Others aside from mentioned will NOT be Accepted.
VAT Clause
The UAE Ministry of Finance (MoF) has announced the introduction of a Value Added Tax (VAT) across the country, effective January 1, 2018.
VAT is a form of indirect tax on consumption or use of goods and services, applied at the point of sale and charged on applicable transactions. A registered business collects VAT charged to customers on supply of goods and services, and pays VAT on goods and services purchased from its suppliers. The difference between the VAT collected from customers and the VAT paid to suppliers is then remitted to the Federal Tax Authority (FTA).
VAT will apply to the majority of transactions of goods and services, unless specifically exempt by law. “Seller” will apply and collect VAT where applicable on its services & supplies as per law from January 1, 2018.
Delivery
If “Buyer” request of delivery, special or export packing are undertaken by the “Seller”, additional charges may incur upon the Parties Agreement.
Incase of Shortage/Out of Stock situation “Seller” shall make every reasonable effort to meet the quoted and/or acknowledged delivery dates, but shall NOT be liable in any manner of failure in meeting the delivery date and/or continue to offer the same price.
Title & Risk of Loss
The Products sold hereunder remain Seller’s property until full payment has been made. Unless otherwise agreed in writing by “Seller”,
title and risk of loss shall transfer from “Seller” to “Buyer” at
- – “Seller” loading point, if the “Buyer” is responsible for picking up the product and
- – At “Buyer” facility or “Buyer” authorized agent’s facility if “Seller” is responsible for delivery of Product
- – “Buyer” wants the product to be sent through 3rd party delivery methods, including but not limited, Courier, transport company, mail, “Seller” will not be responsible for any loss during transportation.
Acceptance of Products & Invoices
“Buyer” will advise “Seller” within 3 Days from Date of Invoice incase there is any discrepancy in the Product supplied and/or the Invoice. Thereafter, it will be deemed that the Product supplied and Invoices are correct and accepted by the “Buyer”.
Credit & Terms
“Buyer” shall provide to “Seller” financial information or security deemed necessary by “Seller” for any credit arrangement agreed on by “Seller”. If at any time the financial capacity of the “Buyer” becomes impaired or unsatisfactory to “Seller” in the sole judgement of “Seller”, “Seller” may, for future or existing order, require advance cash payment or security to be given by “Buyer” on demand and shipments/deliveries may be withheld until such payment or security is received.
Exchange & Return Policy
All confirmed Purchase Orders confirmed by the “Buyer” are deemed to be Non-Cancelable and Non-Refundable, unless agreed otherwise.
Incase of Exchange/Return or Cancellation of order, restocking fee will be applicable, which will be advised before processing the return. The re-stocking fee will be on account of the “Buyer”
Exchange or Return, if agreed by “Seller”, is possible only within 3 Days of purchase from date of invoice subject to the terms herein.
- – No Exchange or Return shall be made without the Original Invoice & Warranty Card provided and the product (including the unit carton) is returned unused and unopened (original seal not broken) along with accessories & FOC (Free of Cost) items, if applicable.
- – Exchange or Return only allowed in the same office where the product was originally delivered/purchased.
- – No Exchange or Return for the following product categories: All Accessories, Software, Cartridges & Toners.
- – Any Refund will be in the form of Credit Memo only, to be redeemed within a period of 6 months. No cash refund or credit card
Warranty Terms & Conditions
To the extent permitted by Law, except as set forth, “Seller neither makes nor authorize any of its representatives to make any Warranty or representation, express or implied in fact or by Law, whether of merchantability or fitness for particular purpose, conditions or otherwise, concerning the products whether used alone or in conjunction with any other material. In all instances, “Buyer” should confirm that the Products selected are consistent with their requirement. It is “Buyer” responsibility to verify that the selected Products are suitable for “Buyers” intended use. “Buyer” acknowledges and agrees that “Seller” can recommend products, “Buyer” has the sole responsibility of selecting the best products deemed fit to fulfil their requirements.
- – Product Warranty commences from the Date of the Invoice, aligned with Manufacturer’s warranty terms.
- – In case the Product is defective and/or requires repair then Standard Warranty Conditions of the manufacture shall apply.
- – Incase any Warranty is triggered, “Buyer” will be required to complete the Returned Merchandize Authorization (RMA) form. “Buyer” will be responsible to send the product to “Seller” designated address to process the Warranty.
- – “Seller” will only be the facilitator of this service and primary responsibility for warranty service rests with the brand /manufacturer / distributor.
- – In case of defective and faulty (Out of the Box failure) products; the respective service center / service provider will determine whether the product is tampered. Incase the product is tampered with, Warranty becomes null & void and will not be entitled for any claim.
Warranty is applicable within the limits of UAE only unless specified otherwise
Limitations & Liability
In no event shall “Seller” be liable for any special, incidental, indirect or consequential, loss or damage or for loss of profit (whether direct, indirect, anticipated or otherwise), loss of business (including loss or reduction of goodwill), loss of the use of money, loss of expected savings, opportunity costs, or damage to reputation, loss of profit or revenues, loss of use of the Products or any associated equipment, cost of capital, cost of substitute goods, facilities, services or replacement power downtime costs or claims of Buyer’s customers for such damages. howsoever arising, as a result of Product defect/malfunction, breach of contract, warranty or punitive or exemplary damages, whether under tort (including negligence), contract, copyright, trademark, trade secret, other intellectual property infringement, statute or otherwise, arising out of or related to its performance of this Agreement.
If “Seller” furnishes Buyer with advice or other assistance which concerns any Product supplied here under or any system or equipment in which any such Product may be installed; “Seller” has NO liability with whatsoever as the furnished agreed whether in contract, warranty; tort; copyright, trademark, trade secret, patent and other intellectual property rights or otherwise.
General
The delegation or assignment by Buyer of any or all of its duties or rights here under without Seller’s prior written consent shall be void. Buyer shall not use or export or re-export any Products or materials or information purchased/received from the Seller (or any copies thereof) in violation of any applicable laws or regulations of UAE or international laws.
Buyer shall at all times comply with any applicable UAE, international or other laws and regulations relating to the use and export of the Products or materials or information.
The provisions of any agreement resulting here from are for the benefit of the parties here to and not for any other person Except as specifically provided here in.
Buyer may terminate an order only upon paying Seller its termination charges determined in accordance with Seller’s standard accounting practices upon submission of Seller’s invoices thereof. Termination of an order shall not relieve either party of any obligation arising out of work performed prior to termination.
As used throughout this instrument, (i) the term Product (or Products or goods) is defined to include all equipment, materials, supplies, components, services, engineering, design and data, in other words all work which Seller has supplied and/or contracted to supply.
The obligations of each party under this Agreement shall be suspended during the period and to the extent that such party is prevented or hindered from complying there with by any cause beyond its reasonable control.
The invalidity, in whole or in part of any Article or Paragraph there of shall not affect the validity of the remainder of such Article or Paragraph or of any agreement resulting where from.
The validity, performance and all matters relating to the interpretation and effect of this Agreement and all disputes and/or differences resulting, there from and any amendment there to shall be governed by the laws of the United Arab Emirates.
Arbitration
All disputes arising in connection with this contract shall be settled by arbitration. The arbitration shall be held in Abu Dhabi, UAE and in accordance with UAE Laws of Arbitration. Judgment of award may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and all order or enforcement as the case may be.
Entire Agreement
These Terms and Conditions shall constitute the entire agreement between “Buyer” and “Seller” superseding all prior communications, negotiations and agreements (whether oral or written) with respect to the order place by “Buyer”. “Seller” delivery of Product against any document from “Buyer” (including purchase orders and any attached terms) that contains terms and conditions inconsistent with, additional to or different from those set forth herein shall not constitute acceptance of such terms and “Buyer” agrees that all such terms and conditions shall be deemed rejected by “Seller” unless expressly agreed upon by “Seller” in writing and signed by an authorized representative of “Seller” (excluding signing by “Seller” as an acknowledgment of receipts). “Seller” reserves the right to refuse service to “Buyer” (whether or not Product has already been delivered or released) if “Buyer” submits any documents (including purchase orders) with terms and conditions inconsistent with, additional to or different from this Agreement
