Terms of Service and General Terms & Conditions of SaleTerms of ServicePLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.This page explains our terms of service, which contains important information about your legal rights. When you use Lambda Marine, you're agreeing to these terms. Everyday language summaries are provided for your convenience only and are not legally binding. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. These Terms of Service, along with Our Privacy Policy, General Terms & Conditions of Sales and the other terms and policies referenced herein, is an agreement (the "Agreement") between You ("Client" or "Customer", "You", or "Your") and Lambda Electronics TR CO LLC, trading under the name of Lambda Marine, a United Arab Emirates limited liability company ("Lambda Marine", "Lambda Electronics", "We", "Us" or "Our"). This Agreement sets forth the terms and conditions of Your use of the http(s)://lambdamarine.com website and the platform, applications, tools, and products and services provided by or through Us (collectively, the "Services"). You may use the Services to obtain information on and/or purchase goods and/or services of our online store and access other e-commerce services. If the person entering into this Agreement is acting on behalf of an entity, all references to "Customer", "You" and "Your" shall refer to such entity and such person represents that it has the authority to bind such entity to this Agreement. For individuals, the Services are available only to those who are at least eighteen (18) years of age and recognized as being able to form legally binding contracts under applicable law. By using or accessing Our Services, You are agreeing to this Agreement and that any previous agreements between You and Us with respect to the Services are superseded by this Agreement. We may change or modify this Agreement at any time at Our discretion. Any such changes or modifications shall be effective immediately upon the earlier of:
Our Services Through our services, you may obtain and/or purchase goods and/or services through our our online store. We will update our services from time to time and you are responsible for the impact of any update that we have not provided. Technical support is available as described in your plan and on our website. We may provide your personal information to our partners if applicable to execute part or parts of the Services. We may provide our services to other customers, that directly compete with you. We will provide to You access to those Services to which You subscribe or that You purchase through Your Account (the "Purchased Services"). The Purchased Services shall include the supply and/or delivery and/or installation of goods and/or services mentioned on our website. Some of Our Services are offered through plans described on our website. The fees for each plan, and their applicable terms and limits, are described on Our website. Certain plans may have limitations, and We reserve the right to charge an overage fee for exceeding such limitations at then current list prices, or to automatically move You to a plan with limits that exceed Your usage. The servers used to provide the Services are physically located in the United States of America and, as a result, all content will be subject to the laws thereof. Our goods and services will be delivered from the United Arab Emirates and/or countries the manufacturers of the goods and/or services are based in, and will be subject to the laws of the UAE and/or those countries. As a condition of Your use of the Purchased Services, You acknowledge and agree We may provide Your personal information to Our partners if required for such services as payment services, fraud detection etc. We reserve the right to modify or suspend all or any part of Our Services for any reason, without notice, at any time. Account; Point of Contact; Account Ownership To use our Services, you must create an account by accurately providing to us certain information. We may reject any application for an account for any reason. You must designate a single point of contact, and we shall rely on that point of contact in administering your account. You are responsible for keeping your password secure. We may require additional information in the event of a question regarding the identify of the point of contact or company ownership. You must register for an account (the "Account") to access and use the Services by providing your full legal name, current address, phone number, a valid email address and certain other information indicated as required, including, if applicable, your company name. You agree that all such information is current and accurate. We will use the email address that You provide as the primary method of communication, including for billing matters. We may reject Your application for an Account for any reason, in Our sole discretion. You shall designate a single "Point of Contact", which shall have full authority to enter into agreements and make binding decisions on Your behalf. For security reasons, only the Account owner or Point of Contact designated by the Account owner will be allowed to make account changes or cancellations or to designate a new Point of Contact. You agree that We may rely on representations made by Your Point of Contact. You may change Your Point of Contact at any time. If there is reasonable doubt about the authenticity of any instruction, notice, document or communication, We reserve the right to require additional authentication from You. You must keep Your password secure. We encourage You to use best practices in creating, regularly changing and securing Your password. We will not be liable for any loss or damage from Your failure to maintain the security of Your Account or Your password. You agree to immediately notify Us of any unauthorized use of Your password or any similar breach of security. In the event of a dispute regarding Account ownership, We reserve the right to request documentation to determine or confirm Account ownership. Documentation may include a copy of Your business license or charter, government issued photo ID, the last four digits of the credit card on file, etc. We retain the right to determine, in Our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If We are unable to reasonably determine the rightful owner of an Account, We reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties. Your Obligations and Restrictions We may suspend our services for a variety of reasons. You cannot use our services in a way that impairs our ability to provide services to other customers and to disseminate spam or to store or disseminate content that violates another person’s copyright or trademark rights, that violates law or that is malicious. You may not access our services through automated means, use our services to conduct attacks or intrusions on other servers or sites. You agree to allow us to conduct forensic investigations when warranted. We may suspend the Purchased Services to You with or without notice and without liability if:
Fees and Payment If you purchase goods and/or services that we offer for a fee, you agree to pay such fees when due. We will automatically bill You for certain services on a recurring basis until you cancel on a month to month basis, unless otherwise provided in the plan. The subscription for such services shall automatically renew until cancelled by you. You may cancel a subscription by logging into http://lambdamarine.com or contacting our support and then following their instructions. We offer automatic billing only via credit card. Credit card information should be only submitted to us through our online checkout feature, through the administrative features of our services or over the phone with our sales or customer support employees, and should never be sent to us via email, IM, chat or any other method of communication. Late fees and other charges may apply. All fees charged do not include any taxes, all of which are your responsibility. All sales are final and we offer no refunds of any kind unless otherwise expressly noted. We may change our prices and payment terms at any time, and such changes shall be posted on our website and effective immediately. If Your Purchased Services include Services that we offer for a fee (“Paid Services”), You agree to pay Us all such fees when due. These fees may include purchase fees, subscription fees, transaction fees and overage fees, the prices and terms of which are listed on Our website. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. To ensure uninterrupted service, We will automatically bill You for certain Paid Services on a recurring basis until You cancel. The initial term of Your subscription to any Paid Services is for a term of one month, unless otherwise noted in the description of such Paid Services on Our website or as agreed by Us and You. The subscription for such Paid Services shall automatically renew for successive periods equal in time to the initial term of such subscription until cancelled by You. You may cancel a subscription to any Paid Services effective as of the end of the then current term of such subscription by logging into http://lambdamarine.com or contacting Our support and then following the specific instructions provided to You. Failure to do so will result in the cancellation request not being processed and You will continue to be liable for all recurring fees until such the actions specified in such instructions are complete. A cancellation of a particular Paid Service may not cancel all Services associated with Your Account. You must follow the instructions provided in order to ensure you cancel all Services desired. Any payments of fees are due upon purchase, and the applicable Paid Services will not begin until payment is received. Payments for Paid Services that are billed on a recurring basis are due on or before the beginning of each term of such subscription. We offer billing only via credit card or debit card. Credit card information, including card numbers, should be only submitted to Us through our online checkout feature or the administrative features of Our Services or via phone, and should never be sent to us via email, IM, chat or any other method of communication. If you purchase any Services that we offer for a Fee, You agree to allow Us, or our third party service providers, to store Your payment card information. If the payment card You provide expires and You do not provide new payment card information or cancel Your account, You authorize Us to continue billing You and You agree to remain responsible for any uncollected Fees. It is Your obligation to review all charges for accuracy. Failure to dispute a charge within 45 days following such charge shall constitute Your agreement that such charges are valid and You agree to waive any claims You may have had regarding such charge. If a payment of Yours to Us is returned or rejected, or incurs additional costs for Us (e.g., bank fees) for any reason, then You may be charged a service fee of $40 per incident and be required to reimburse all such fees and costs incurred by Us. All amounts that are past due are subject to a late payment penalty of 1.5% per month, or the maximum amount permitted by law, whichever is greater, until fully paid. We will attempt to automatically charge the card on file for any past due invoice for current, suspended and cancelled accounts. Accounts suspended and reactivated must pay all past due and current amounts as well as a reactivation fee any late payment penalties. Accounts past due over 30 days cannot be reactivated and You must sign up for new Services in addition to paying any outstanding amounts due. We reserve the right to seek collection of all past due amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys’ fees) and costs associated with such collection. All fees charged by Us for the Services are exclusive of all taxes, VAT and similar fees imposed on the transaction and/or the delivery of Services, all of which You will be responsible for and must pay in full. If We are required to directly pay any such taxes, You must, upon receipt of Our invoice for such taxes, promptly reimburse Us. All sales are final and We offer no refunds of any kind unless otherwise expressly noted, even if Your Purchased Services are suspended, terminated or transferred. We expressly reserve the right to change Our prices and payment terms at any time, and such changes shall be posted online on Our website and effective immediately without need for further notice to You. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lambda Electronics TR CO LLC. The collective work includes works that are licensed to Lambda Electronics TR CO LLC. Copyright 2010, Lambda Electronics TR CO LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lambda Electronics TR CO LLC or purchasing Lambda Electronics TR CO LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Lambda Electronics TR CO LLC or to purchase Lambda Electronics TR CO LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lambda Electronics TR CO LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site. All of the intellectual property rights in the services and our marks are owned by us or owned by another person that has licensed them to us. We or those other persons reserve all rights not specifically granted to you. The Services, and all other materials provided by or through Us, including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, "Our Intellectual Property"), are owned by Us or other parties that have licensed their material or provided services to Us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All of Our trademarks and service marks, logos, slogans and taglines, including “Lambda Marine”, are Our property. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines of Ours or any third party without Our express written permission, or the express written permission of such party that may own the trademark, service mark, logo, slogan or tagline. We and Our licensors reserve all of Our/their right, title and interest in and to the Services, including all of Our/their related intellectual property rights. No rights are granted to You other than as expressly set forth herein. Trademarks All trademarks, service marks and trade names of Lambda Electronics TR CO LLC used in the site are trademarks or registered trademarks of Lambda Electronics TR CO LLC Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Lambda Electronics TR CO LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lambda Electronics TR CO LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Lambda Electronics TR CO LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability Lambda Electronics TR CO LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Lambda Electronics TR CO LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Lambda Electronics TR CO LLC product is mistakenly listed at an incorrect price, Lambda Electronics TR CO LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lambda Electronics TR CO LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lambda Electronics TR CO LLC shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Lambda Electronics TR CO LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Lambda Electronics TR CO LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Lambda Electronics TR CO LLC. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lambda Electronics TR CO LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Lambda Electronics TR CO LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lambda Electronics TR CO LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lambda Electronics TR CO LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Lambda Electronics TR CO LLC in its sole discretion. Indemnification You irrevocably agree to indemnify, defend, and hold harmless Lambda Electronics TR CO LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Lambda Electronics TR CO LLC may link to sites operated by third parties. However, even if the third party is affiliated with Lambda Electronics TR CO LLC, Lambda Electronics TR CO LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lambda Electronics TR CO LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lambda Electronics TR CO LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). We make no representation or warranty regarding any Third Party Site or Third Party Service, including their compatibility with Our Services. You agree that We shall not be responsible for any loss or damage incurred as a result of Your use of any Third Party Sites and/or Third Party Services, whether or not You were linked to or directed to a Third Party Site or Third Party Service through Our Service. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on Our website to any third party, third party website or third party product or service be construed as an approval or endorsement by Us. Some of Our Services may require You to give us access to or require you to provide login information and password information for Third Party Services. When You provide this information to us or give us access to these third party accounts, You agree that You have all the necessary contractual and legal rights to give Us such access, login information. Additional Policies You are bound by our Privacy Policy and General Terms and Conditions of Sales. All of the above and below policies are incorporated into this Agreement. We encourage you to read Our Privacy Policy, and to use the information it contains to help you make informed decisions. Privacy Policy The use of our website is subject to consent to our Privacy Policy as detailed separately on our website. For full details of our Privacy Policy, please visit our Privacy Policy page. Miscellaneous Your use of this site shall be governed in all respects by the laws of the United Arab Emirates, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lambda Electronics TR CO LLC products) shall be in the United Arab Emirates. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lambda Electronics TR CO LLC products) must be commenced within one (1) year after the claim or cause of action arises. Lambda Electronics TR CO LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lambda Electronics TR CO LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. Notices Except as otherwise specified in this Agreement, all notices and other required communications hereunder shall be in writing and shall be deemed to have been given upon:
Lambda Marine (A Division of Lambda Electronics)
GENERAL TERMS AND CONDITIONS OF SALE
1 DefinitionsLambda Marine, hereafter referred to as “the Company”, is a supplier of products. Customers, hereafter referred to as “the Client”, are any entity, whether natural person or company, purchasing or intending to purchase goods and/or services from the Company, either electronically or non-electronically and regardless of whether such transactions are conducted “on-line” or “off-line”. 2 Quotations(a) Quotations made by the Company are valid for thirty (30) days from the date as mentioned on the Quotation, unless otherwise indicated on the quotation and represent no obligation until the Company accepts the Client’s order through a written or electronic order acceptance. (b) Quotations for which the Company has not received a written Order from the Client during its validity shall be cancelled automatically. Any part of a quotation not understood by the Client shall be clarified in writing by the Client with respect to its interpretation; else the Company’s interpretation shall be deemed as valid and final. 3 Order – Formation of the Contract(a) Orders are accepted entirely at Company’s discretion. Order acknowledgements shall constitute a legally binding contract between the Company and the Client. Such contract is hereafter referred to in these terms and conditions as "a Sales Order". (b) Unless confirmed otherwise, the above and below terms & conditions shall apply to any quotations, orders and deliveries from the Company. No alteration of these terms and conditions will be valid unless expressly accepted in writing by the Company. (c) Telephone orders will be accepted only with Client’s official Purchase Order number. Any written confirmation of such orders must contain the Purchase Order and Order Acceptance number given by/to the Client at the time of order, failing which any duplication must be accepted and paid for by the Client. (d) Goods supplied by the Company shall be in accordance with specifications and/or descriptions set out on the Company’s website, product brochure and/or order confirmation. (e) Specifications of the product(s) are subject to change due to continuous improvement by the manufacturer. 4 Price, Delivery & Shipments(a) Unless otherwise indicated, all prices quoted and/or displayed on the Company’s website are EXW Sharjah Airport Free Zone (Ex Works - INCO Terms 2010), excluding customs duties, local taxes, import duties/charges/fees, delivery charges and other state tax which are to be paid additionally by the Customer in the amount as specified by applicable law. (b) Unless otherwise indicated, delivery will be EXW Sharjah Airport Free Zone and goods will be packed to the Company’s normal specification in non-returnable packing. Transport of goods to a destination selected/requested by the Client, if quoted, are unless otherwise indicated CPT (Carriage Paid To - INCO Terms 2010) to the main international airport of the destination country selected by the Client excluding any import duties/charges and importing will be arranged at the Client’s expense. (c) Release documentation for goods supplied from bonded stock unless otherwise indicated will normally be provided free of charge if requested in writing at the time of placement of the order. Certificates of Conformity and/or Certificates of Origin can be provided on request at cost. (d) Unless otherwise indicated, any delivery period quoted is an estimate only and commences from receipt of payment of the Sales Order from the Client. Provided the Company takes all reasonable steps to deliver the goods at the time stated, the Company shall be under no liability for any delay or failure in delivery. The Company reserves the right to deliver in more than one consignment (partial shipments) and to invoice each consignment separately. (e) Delivery of communication equipment, including but not limited to radios, radars etc., are subject to compliance with relevant state regulations regarding the use and importing of (tele-) communication equipment, such as TRA/MOC etc. Obtaining the necessary and applicable licenses are the responsibility of and for account of the customer. Delivery will be made upon receipt from the customer of copies of all relevant licenses. (f) Any applicable VAT charges for deliveries to UAE customers, will be displayed in the shopping cart at the time of checking out. (g) For UAE customers we offer Next Day Delivery or Click & Collect shipping options. (h) For International customers we offer Fedex Economy Courier (or equivalent) with a transit time of 4-6 days for most countries. 5 Title and Risk(a) The Company retains full ownership of the Products sold until full and complete payment of the order has been received in the Company’s bank account or Credit Card account, including any applicable charges/fees/duties and taxes. The presentation of a Money Order/Wire Transfer/Check/Bank or Credit Card Statement/Bank Transfer Order to pay shall not constitute payment. The above provisions do not prohibit the transfer to the Client of the risks of loss or damage. Should the Client fail to pay the full order value, including any applicable charges and/or taxes, the Company shall be entitled to demand the return of the goods delivered. Any expenses incurred in such returns shall be payable by the Client. (b) As long as title to the Products has not passed to the Client, the Client shall not dispose of the Products or encumber them. The Client is not permitted to attach the Products to other objects in such a manner that they cannot be easily removed. The products shall be held separate from the Client’s own goods and clearly marked as the Company’s property. 6 Payment(a) Unless expressly otherwise agreed upon in writing, the Company’s standard payment terms are payment with Order. Payment shall be made by the Client upon online checkout or receipt of the Company’s Invoice, without any suspension, set-off, deduction or discount. All costs incurred in connection with payment of the invoice, such as bank charges etc., shall be at the expense of the Client. The Company may change credit or payment terms for unfulfilled orders if, in the Company’s reasonable opinion, Clients financial condition, previous payment record, or relationship with the Company merits such change. (b) Any discounts specified by the Company, if any, shall apply only where payment is received as indicated above. Payment shall not be withheld on account of any claim by the Client against the Company. (c) The Company reserves the right to suspend deliveries where payment for any order, related or otherwise, has not been made by the due date and remains outstanding. (d) Any disputes regarding an invoiced amount must be lodged in writing within 15 days from the date of the invoice. The undisputed amount must be settled before the dispute will be entertained by the Company. (e) The Company may at its sole discretion extend the Client credit terms if and as long as a satisfactory purchase history of at least 12 months and US$ 1 million turnover has been established and is maintained. Such credit terms will be subject to separate terms & conditions, including the right to revoke such terms in case of any non-payments, and shall be confirmed in writing, and be limited to 30 days upon invoice date, after which the Company reserves the right to charge interest of 1% per month on any outstanding amount. 7 Description and data(a) Where the Company is the manufacturer, system designer and/or system integrator, goods will be supplied substantially as described, but the right is reserved to make design changes which do not lower their performance, affect their mechanical interchange ability or increase their price. Where the Company is not the manufacturer, goods will be supplied to the manufacturer’s current specifications and finish. (b) The Company shall make every effort to ensure the accuracy of technical or sales documentation relating to the goods but the Company (so far as permitted by law) accepts no liability in contract, tort or otherwise for any damage or injury arising directly or indirectly from any error or omission in such technical data or documentation. 8 Warranty(a) The Company warrants at its discretion to repair or replace free of charge goods supplied by the Company found to be defective within 12 months of the date of delivery owing to faulty design, materials or workmanship, provided that the goods have not been installed, modified or repaired other than by the Company or its authorized representatives, have been operated, stored and maintained within the Company’s and/or Manufacturer’s recommendations for use and excludes defaults resulting from normal wear and tear. In the case of goods repaired or replaced by the Company the subsequent Warranty shall cover parts only and terminate at the end of the original Warranty period. (b) Goods returned for warranty must be delivered to the Company’s premises at the Clients expense accompanied by the Company’s original packing note and a statement of the reason for return. Unless otherwise agreed upon, batteries and other consumable parts are not covered and therefore excluded from warranty. (c) If assistance of the Company is requested with regard to on site repairs, the Company will undertake the repair and/or replacement of said apparatus on site. Not included in the Warranty are the costs for travel and travel time to and from the site. (d) Exclusions; The Company is not obliged to provide warranty services or Support for any claims resulting from: · Improper site preparation, or site or environmental conditions that do not conform to the Company’s and/or manufacturer’s recommendations and/or site specifications, · Client’s non-compliance with Specifications or Operating/Transaction Documents, · Improper or inadequate maintenance or calibration; · Client or third-party peripheral products, software, interfacing, supplies and/or other products, · Modifications or repairs not performed or authorized by the Company, · Virus, infection, worm or similar malicious code not introduced by the Company, · Improper operation, usage, storage or maintenance not within the Company’s or Manufacturer’s recommendations for use, · Abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by the Client or other causes of Force Majeure beyond the Company’s control. 9 Installation(a) Unless expressly otherwise agreed upon in writing, installation work is charged time-on-line. Detailed service rates are available on request. Installation includes physical fitting of the equipment, terminating and connecting of all in- and out-going cables, final commissioning and acceptance test. (b) Unless otherwise agreed upon, installation excludes physical laying and running of cables, yard- steel- and wood-works such as welding, burning and carpenters work, hire of cranes, crew launches etc., provision of mains and/or battery power supply. (c) Installation charges are based on labour activities in normal working hours, being 8 hours per day during Sunday to Thursday 09.00-17.00 hrs including 1 hour lunch break. Unless otherwise agreed in writing, de-lays/idle times, travel, airline tickets, accommodation, lodging, crew launches, sundries and overtime are excluded and will be invoiced additionally. 10 Force MajeureThe Company shall have no liability or any obligation in respect of any failure of or delay in executing any contract due to any Force Majeure or any cause outside the Company’s control, including but not limited to acts of God, fire, floods, war, civil disturbances, riot, act of Government, currency restriction, industrial disputes, unavailability of materials or failure of supplier, carrier or sub-contractor to deliver on time, failures or breakdowns within or outside the Company and in general any event preventing the satisfactory execution of the orders. 11 Price variationThe Company reserves the right to increase the price of goods in proportion to any increase of costs to the Company between the date of quoting and the date of the order acceptance of the order (including, without limitation, costs relating to exchange rates, labour, materials, transport and taxes) or where the increase is due to any act or default of the Client, including without limitation the cancellation by the Client of part of any order or non-adherence to agreed call-off schedules of delivery arrangements. 12 StorageWhen delivery is delayed for reasons attributable to the Client or its agents; (a) storage and other additional costs may be charged to the Client (b) the goods will be at the Client’s risk from the date of commencement of such delay (c) the original delivery date shall be the date of commencement of the Warranty, and (d) the Company may invoice the price on the original delivery date. 13 Intellectual Property Rights(a) The Client warrants that any design and specification supplied or specified by the Client to the Company will not involve the infringement of any IPR in the manufacture and sale of the goods by the Company. (b) The Client undertakes to indemnify and keep indemnified the Company against all royalties, claims, actions, demands, proceedings, losses and costs in connection with any infringement of any IPR arising out of or in connection with the matters described in paragraphs (a) above. 14 Owner SupplyItems supplied by the Client, if any, as “Owner Supply” for the contract shall be of suitable quality and shall be provided free of charge in the quantities and at the times required by the Company. Any defect in such items shall not entitle the Client to rescind the contract or reject the goods, make deductions from the contract price or claim damages in respect of such defect and the Client shall indemnify and keep indemnified the Company from and against all actions, demands, claims, proceedings, losses, or costs arising from the supply of defective items by the Client. 15 Limitation of liability(a) Save in the case of personal injury or death caused by the negligence of the Company and other than as provided in Condition 8, the Company shall not be liable in contract, tort, breach of statutory duty or otherwise for any loss, injury, destruction or damage suffered by the Client whatsoever or howsoever arising out of or in connection with the supply of goods or services by the Company. (b) If for any reason the provisions of Conditions 13, 15(a) and 16(a) are of no effect in respect of a claim against the Company, the Company’s liability in respect of that claim shall in no event exceed the price paid for the relevant goods or services by the Client. (c) The Company accepts no liability whether in contract, tort, breach of statutory duty or otherwise for any loss of use, profits or contracts of for any other form of consequential or indirect loss or damage. 16 Return Policy of goods and cancellation of orders(a) All items, except Special Deals, can be returned within 30 days for a full refund after obtaining a RMA, provided they are in their original, unopened packing and in their original fully functional and undamaged condition and subject to below conditions and exceptions. Return freight will be for account of the buyer. (b) In order to return items, please contact customer service by email to [email protected] mentioning your order number in order to obtain a Return Material Approval (RMA) in writing. Please always contact customer service for approval/RMA with detailed information on returning an item before doing so. Returns without RMA may be subject to a restocking fee. Return freight will be for account of the Buyer. (c) Items purchased online or offline and received "dead on arrival" may be returned within 30 days of receipt of the goods in their original packing for an exchange, provided the goods are not physically or otherwise damaged. Return freight will be for account of the buyer. (d) Items purchased online and returned for other reasons than above within 30 days of receipt of the goods in their original opened or unopened packing, provided the goods are not physically or otherwise damaged, and subject to being tested and found to be fully working, may be subject to a 15% re-stocking charge. Return freight will be for account of the buyer. (e) Items returned within 30 days in physically or otherwise damaged condition or with non-original packing or without supplied accessories may be subject to a 50% restocking fee if still in sell-able condition. Return freight will be for account of the buyer. (f) Items returned within 30 days physically damaged beyond repair/resale are subject to a restocking fee of 100%. Return freight will be for account of the buyer. (g) No returns are permitted without the Company’s prior agreement through the issuing of a Return Material Approval (RMA) in writing. (h) Items especially ordered for a Customer are subject to an order cancellation fee of at least 5% if cancelled before delivery. (i) All restocking fees are solely at the discretion of the Company. 17 Contract TerminationIf the Client commits any breach of the terms and conditions of contract or suffers distress or execution or becomes insolvent or commits an act of bankruptcy or enters into any arrangement or composition with his creditors or goes or is put into liquidation (other than solely for amalgamation, or reconstruction while solvent) or if a receiver or administrator is appointed over any part of the Client’s business, the Company may without prejudice to any rights which may have accrued or which may accrue to it terminate the contract summarily by written notice, whilst reserving its right to claim compensation for lost profits and/or interest. 18 Applicable LawAny question relating to any quotation, Sales Order or any contract is subject to above conditions, including any amendments of these conditions if agreed prior to execution of the transaction in writing, and shall be subject in all respects to the laws of the United Arab Emirates.
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