General Conditions of Sales

Application of Conditions

Unless otherwise agreed in writing by the Seller, all Products are supplied on the terms and conditions specified herein to the exclusion of any terms or conditions stipulated by the Customer and of any representations, conditions, warranties, or communications not expressly incorporated herein.

Formation of Contract

(a) No contract shall be deemed to come into existence until the Customer’s order has been confirmed in writing by the Seller or until the Products have been dispatched to the Customer. (b) An Order must be accompanied by sufficient information to enable the Seller to proceed with the order forthwith and thereafter any modification must be agreed in writing. All telephoned orders or amendments to orders must be confirmed in writing. When ordering Products the Quotation reference (if any) must be stated and all communications relating to orders must specify the number and date of order, description of the Products, and reference number.

Quotations

The Seller will endeavor to hold the terms of any quotation given by it for a period of 7 days or for such other period as is specified in writing, but without obligation or liability.

Prices

All prices are net ex-works unless otherwise stated and are subject to alteration without notice: the contract price shall be that ruling on the day of dispatch or (if earlier) when delivery is made or tendered. All prices are exclusive of VAT which will be added at the then-current rate where applicable. Should the Seller incur additional expense in supplying the Products which is not provided for in the Seller’s quotation or price list, owing to any circumstances whatsoever outside the Seller’s control, such additional expense shall be added to the invoice and paid for by the Customer accordingly.

Payment

Payment must be made in accordance with the terms of the quotation unless otherwise specifically agreed in writing. Each product will be invoiced on dispatch or (if earlier) on delivery. No discount will be made unless stated in writing by the Seller.

Delivery

(a) Any date or period quoted or agreed by the Seller for dispatch/delivery shall be deemed an estimate only, and the Seller shall not be liable for the consequences of any delay. Any such date or period quoted or agreed shall in any event only run from receipt by the Seller of a written order together with all information necessary to enable the Seller to complete the contract. (b) The Customer shall at the Seller’s option accept delivery by partial shipment. (c) Unless otherwise specified by the Seller the place of delivery shall be the Seller’s place of business. Costs of delivering elsewhere will, in any event, be charged to the Customer unless the price specifically includes such costs, and the costs of unloading or offloading the product(s) from the truck will be the customer scope at his own expense.

Note: If it is agreed to deliver the product(s) to the customer in a previously agreed-upon location other than the seller’s location, in this case if the product(s) are not unloaded or offloaded from the truck within 3 hours from the time of its arrive at the agreed-upon location, the product(s) will be returned to the factory in Rabigh on the same truck, and their return costs will be issued later to the Customer. After that, the Customer will be responsible for receiving the product(s) from the factory in Rabigh at the Customer’s own expense. (Even if it is stated in the quotation that delivery is to the customer’s location at the mentioned address). The delivery attempt is only one time.

Specifications

The Products supplied will correspond within the limits normally accepted within the industry with the Seller’s specification, save that the Seller shall be entitled to vary the specifications or provide substitutes where such variation or substitution shall not materially affect the characteristics of the Products and where such varied or substituted Products are of a quality equal or superior to those originally specified.

Force Majeure

The Seller shall not be liable in respect of any claim for loss, delay, or non-delivery arising by reason of riot, civil commotion, war, whether declared or not, accident, shortened hours of labor, strikes, lock-outs, mechanical breakdown of facilities, failures by third parties to supply it with materials or goods, storm, flood, fire or any other circumstances whether of the kind hereinbefore mentioned or not, beyond the reasonable control of the Seller. The Seller shall not, however, be relieved from supplying the products nor the Customer from accepting them when the above causes interfering with the delivery shall have ceased.

Termination

If the Customer shall commit a breach of any term of a contract for the supply of Products or if any distress or execution shall be levied upon his property or assets, or if he shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the Customer is a limited company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed or if the Customer suffers or takes any similar or analogous step in consequence of debt, the Seller shall have the right forthwith to determine any contract for the supply of the Products then subsisting and upon written notice of such determination being posted to the Customer’s last know address , and any such subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the Seller may otherwise make or exercise. The Customer shall compensate the Seller for any loss suffered by the Seller arising out of or in connection with such a determination of contract. In addition, the Customer’s right to possession of any Products, the title to which has not yet passed, shall cease and the Seller shall be entitled to repossess the Products in accordance.

Waiver and Assignment

(a) The rights of either party shall not be prejudiced or restricted by any indulgence or forbearance extended to the other party, and no waiver of rights in respect of any breach by the other party shall operate as a waiver in respect of any other breach. (b) The Customer shall not transfer his rights or any part thereof against the Seller to any third party without the Seller’s prior written consent.

Variation

No purported variation or waiver of these terms and conditions shall be of any effect unless in writing and signed by a Director of the Seller.

Liability and Warranty

The product(s) components WARRANTY is under worldwide providers warranty such as Engine, Alternator, Control Module, etc.…
The Seller shall in no circumstances be liable for damages of any kind whether direct or consequential (including but not limited to loss of profit, expenditure incurred or delay in the execution of any works being carried out by or for the customer) or otherwise howsoever arising out of or in connection with the Products or work done in connection therewith.

Law

(a) These conditions shall be construed and shall take effect in all respects in accordance with Saudi law. (b) In addition, the Customer understands and agrees that Products may include or contain components or software manufactured in countries other than Saudi Arabia that exercise jurisdiction and regulate transactions involving the Products, including but not limited to the United States, Japan, England, and France. Customer agrees to comply with such laws when applicable, including U.S. Export Administration Regulations, U.S. International Traffic in Arms Regulations, and laws administered by the U.K. Department for Business, Innovation, and Skills (BIS), the French Ministry of Economy’s Dual-Use Goods Service (SBDU), and the U.S. Treasury Department Office of Foreign Assets Control. The customer agrees not to export, re-export, transmit, transfer, or divert the Products, technology, software, or services to any country in violation of these laws.

Return and Exchange Policy

The customer can return or exchange the product(s) within 3 days from the date of purchase or from the date of receipt of the product(s) only if it is not used and in its original condition with the original or electronic purchase invoice presented and the following terms and conditions are taken into account:

• The product(s) is in the original factory packaging and has not been opened: All products are accepted for return or exchange. (Except excluded products).
• The product(s) does not work due to a manufacturing defect: All products are accepted for return or exchange (except excluded products).
• The box or carton has been opened and the original packaging of the product(s) has been removed, and it has not been used: Return or exchange is accepted after deducting 30% of the value of the product(s). It is required to return the original box or carton (without any damage), the instruction booklet and all attached accessories.

Excluded products:
We regret that products cannot be returned or exchanged permanently in the following cases:

• The product has been used.
• The product has been installed.
• The product has been modified to suit the customer’s requirements.
• Products with malfunctions or defects resulting from misuse (such as: breakage, scratching, misuse, etc.), which are determined based on the seller’s team examining the product.
• Products (As-is)
• Services or work that were provided.
• Diesel generators and Tower Lights are not subject to return or replacement.
  In the event of a manufacturing defect, the local agent responsible for the warranty is contacted, and the customer bears the costs of transporting the product to and from the local agent.
• Control panels specially manufactured or modified according to the customer’s request in all shapes and sizes.

General Terms:

• In the event of returning a product (except for excluded products), the customer will bear the cost of delivering the product to the factory in Rabigh.
• In the event of replacing a product (except for the excluded products), the customer bears the cost of delivering the product to the factory in Rabigh, and the customer is informed of the date and time of receiving the replacement product. At that time, the customer sends a truck to receive the replacement product.
• The customer bears a fee of 2,300 Saudi Riyals, including VAT, which is the delivery value, when requesting to return a product that were delivered to the customer.
• After we receive the product(s), we will conduct an examination for exchange or return. After examination by our technicians that the product(s) conforms to the packing conditions, complete availability of supplies, and verification of the technical products, the approval or rejection of the executive director for exchange or return will be obtained.
• The replaced product (except for excluded products) will be informed to the customer at the time of receipt from the factory in Rabigh. We will not replace a product with a different model unless the original product is not available in stock. In such circumstances we will require customer approval before processing.
• In the event of a return (except for excluded products), the product will be charged at the prevailing product price after deducting the product shipping fee to the customer, amounting to 2,300 riyals, including the added value, and the process of refunding the amount takes up to 14 working days.
• The customer’s purchase of product(s) (As-is) and his receipt of the invoice is considered implicit approval of the condition of the product(s), and the client is not entitled to claim any missing attachments or accessories after that.
• The customer’s payment of the value of the product(s) is considered an implicit agreement to all the terms and policies mentioned here.