GENERAL PROVISION
- These general trading terms and condition form an essential and necessary part of every offer, and every agreement concluded with the Contractor. By acceptance of these terms and conditions, within the meaning of section 263 of the commercial code, section III, both parties exclude statutory regulations of the commercial code, section III, which are inconsistent with them.
- the contract is not bound by any trading terms and conditions mentioned in the buyer's written documents. signing an order and its sending back is deemed to be the order confirmation only, not the acceptance of the buyer's trading terms and condition.
MODIFICATION OF TERMS AND CONDITIONS
- These general trading terms and conditions may only be modified by written amendments, signed by a person authorized by the contractor
PRICES
- For deliveries of goods form the contractor's warehouse, prices of good shall be quoted, depending on the specific contract.
- Delivery shall be billed by the contractor as of the day that goods are delivered.
TERMS OF PAYMENT
- All payment shall be payable within 14 days of the day that the respective invoice issued, unless otherwise agreed. the day of payment is regarded to be the day the sum is credited to the contractor's account and id free for disposal, unless otherwise agreed.
- if the buyer does not pay the purchase price within the term of payment, the parties agree a contractual penalty, amounting to 0.05% of the due amount per every started of the Buyers's, delay in payment, but not less than 7000 AED. By payment of the contractual penalty, the contractor's right to compensation for damages shall not be affected. the contractor shall be entitled to claim for damages even in an amount exceeding the paid contractual penalty. cost of legal assistance related to dept recovery shall be regarded as ancillary rights of the debt and shall be billed to the buyers separately. in individual cases the contractor may waive its claim for payment of the contractual penalty.
DELIVERY
- Unless otherwise agreed, the seller shall choose the carrier and shall pay costs connected with the transport of goods to the place of destination; goods shall be delivered and shipped at the risk of the buyers. the method of shipment shall be determined after agreement with the buyer.
- If goods are delivered on pallets, disposable pallets or euro pallets shall be used, unless otherwise agreed. Unless otherwise agreed, the cost of pallets shall be included in the price of delivered goods, and the pallets shall not be returnable.
DELIVERY TERMS
- Goods may be collected from the warehouse within 7 – 10 working days, or within 14 working days of written or phone order confirmation if delivered goods are cardboard tubes determined for further processing. If the Buyer, however, confirmed the other delivery condition, he must always ask in advance whether the required goods are in stock.
JOINT PROVISIONS
- The Contractor shall not be responsible for a breach of any of its obligations under the contractual relationship arisen in consequence of unforeseeable obstacles, among others in manufacture, during transport, in the case of supply problems at the company of the Contractor or its suppliers, or due to force majeure. For the purposes of contractual relations between the Contractor and the Buyer, force majeure is primarily deemed to be the breakdown of the Contractor's machines, shortage of driving force or energy, strike, shutdown, fire, flood and any circumstance beyond the control of the Contractor due to which the Contractor cannot fulfil its obligations. If the Contractor cannot fulfil its 3 obligations due to force majeure temporarily, its obligations under the contract shall be suspended till the effects of force majeure terminate. If the Contractor cannot fulfil its obligations due to force majeure in full for unlimited period of time, or for more than one month, the Contractor shall be entitled to terminate this Contract. Terms and Conditions above occur, the Buyer shall not be entitled to compensation for damages. The Contractor undertakes to notify the Buyer of force majeure and its consequences without undue delay
- The Contractor shall not compensate the Buyer for damages if delivery terms are exceeded
DEFECTS OF GOODS
- The Buyer shall check delivered goods carefully as soon as possible, and any complaints referring to delivered goods must be filed with the Contractor by e-mail or by registered mail within 3 days of the takeover of goods according to the delivery note. If a complaint is sent by e-mail, consequently a written notice must be sent by registered mail within seven days of the goods takeover according to the delivery note. A complaint should be attached with photo documentation of the established defects of goods. After expiry of the said period, the goods shall be considered to be free of defects, with the exception of possible hidden defects. Damages caused by transport must be notified immediately in a suitable manner and documented in a record, made in the presence of the carrier upon the takeover of goods from the carrier
- Complaints about hidden defects of goods must be filed with the Contractor by the e-mails and then also by the registered mail immediately after their establishment.
- All guarantees and rights to compensation for damage shall be excluded if goods were stolen or used, as well as if goods were changed without the knowledge and approval of the Contractor. The Contractor's liability for defects shall be excluded if storage conditions as recommended by the Contractor were not kept
- If a complaint is admitted as justified, the Contractor, after agreement with the Buyer, must either provide replacement or credit the corresponding amount for the benefit of the Buyer.
- Any returned goods shall only be accepted after previous written agreement and in the original packing. Should any doubt about the price arise, the price agreed for delivery of the goods to the Buyer shall apply
RESERVATION OF TITLE
- The title to all goods delivered by the Contractor shall be retained by the Contractor till the full payment of the purchase price, including all fees, has been made. If the Contractor has several overdue claims against the Buyer, the title to goods shall pass to the Buyer only after the payment of all the claims, including their ancillary rights
- The Buyer must use any delivered goods that are still owned by the Contractor carefully and must store them accordingly. The Buyer undertakes to follow all of the Contractor's instructions as given to the Buyer by the Contractor in order to protect the goods or its title.
- Any pledge or other encumbrance of products owned by the Contractor is not acceptable. The Contractor must be notified of any act of a third person against the Contractor's goods by reason of intervention
- By agreement of the reservation of the title, the time that the liability for damage to goods passes to the Buyer under law or under these General Trading Terms and Conditions shall not be affected.
- The Contractor shall be entitled to request immediate return of any goods delivered if the Buyer did not pay the price of goods duly and on time, or if the Buyer actually suspended its payments.
CONCLUDING PROVISIONS
- If any of the provisions of these trading terms and conditions is or becomes ineffective, other provisions of these terms and conditions shall remain in effect. The parties undertake to supersede the ineffective provision of these terms and conditions by another effective provision which shall correspond best to the content and sense of the original ineffective provision. Any invalidity of individual provisions of the General Trading Terms and Conditions shall not affect the validity of other provisions.
- If the content of a concluded individual contract is inconsistent with the provisions of these General Trading Terms and Conditions, the individual contract shall prevai
- The Buyer expresses unreserved consent to these General Trading Terms and Conditions and confirms the fact by its signature.
