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Terms and Conditions

GENERAL TERMS & CONDITIONS – SALES & SERVICES

Application of Terms and Conditions

 

  • Unless the Buyer and Seller have entered into a separate written Contract, these terms and conditions shall apply to the exclusion of all other terms and conditions of the Seller (whether received previous or subsequent to the issue of these terms and conditions) on an acceptance of the Purchase Order or any other communication by the Seller to the Buyer. For the avoidance of doubt, the provision of any order confirmation and/or provision of the Goods or Services shall constitute acceptance of these terms and conditions.
  • These terms and conditions shall apply notwithstanding any trade custom to the contrary and not withstanding that any other terms and conditions may have applied whether expressly or by course of dealing in prior transactions between the parties.
  • Any variations alterations or extensions to the Purchase Order must be in writing and confirmed by an authorized representative of the Buyer.

1. PRICES AND CHARGES (SALES): Buyer shall pay:

  • For the equipment/services specified in the contract, or if not specified, Seller’s prices in effect at the time of shipment. All prices are based on latest Shipping INCOTERMS2010 (published by the ICC- International Chamber of Commerce) as specified in the quote, or if not specified, it is considered as EXW factory.
  • For all the additional supplies/services expedited that are required towards the operation of the system & its intended use.
  • Packing, Freight, Transportation and Insurance charges from dispatch warehouse to destination warehouse, and for any direct shipments.
  • All Bank charges 

PRICES AND CHARGES (SERVICE): Buyer shall pay the prices specified in the Contract, or if not specified, Seller’s prices in effect at time of service delivery for all items (components, parts, equipment, materials) necessary to carry out the Service Job, AMC as per the Contract (quotation),

  • For all items not explicitly set forth in the Contract and requested by Buyer but made necessary because of incomplete or inaccurate information from Buyer.
  • The service charges as per the Contract, or in the absence of a Contract at the Seller’s daily rates as applicable.

2. Technical Advises: All the consultancy services provided to Buyer towards procurement, are according to Seller/Manufacturer’s best knowledge and past experiences. Buyer/End user is obliged to apply due diligence in verifying applicability of our advice to his special conditions of production or application or usage. Seller shall not be held liable & responsible for any damages caused due to this, unless intentional violation of contract has been proven.

3. Seller shall have the right to modify the design and/or specifications or substitute equipment of another design without materially or adversely affecting the performance or utility of the equipment that Seller is contracted to supply. If Buyer requests for contract changes which shall require Seller’s prior written consent. Any such changes will result in an equitable
additional charge and/or extension of performance time. If the parties do not agree on a price increase and Seller elects to continue performance to avoid delays, Buyer shall pay Seller reasonable estimate of the additional work’s value.

4. Products supplied herewith are subject to UN, US, EU and Seller’s country of registration w.r.t. Trade and Export control regulations OR the applicable regulations of the country to where the Buyer has raised the PO. Any delivery or export of these materials to individuals or countries should solely be as per these regulations. Both, Seller/Buyer and our end Buyers are obligated to comply with the restrictions on Trade and Export sanctioned by the respective country of manufacture.

5. CRITERIA FOR UNDERTAKING A SERVICE: All service assignments shall be undertaken only after receipt of a Service Order in writing from the Buyer, on terms mutually agreed to. The acceptance of a Service Order shall be communicated to the Buyer as an Order Confirmation. A legally enforceable contract arises on such acceptance of the order.

6. TERMS OF SERVICE: Attendance for a service shall be undertaken subject to availability of competent service engineer, subject to following terms:

  • Periods of time for service charges are calculated on “from base–to base” basis.
  • All logistics arrangement for accessing the site & equipment are at the Buyer’s cost.
  • All service orders attended to, irrespective of work completion due to circumstances beyond reasonable control of Seller, shall be payable as per Seller prevailing service rates for labour, for spares and all expenses.
  • Any delay occurring during the service delivery process on account of Buyer/agent or beyond Seller’s direct control shall result in extension of service time, and shall be payable as per prevailing Seller’s service rates.
  • Unless otherwise notified by the Buyer, Seller reserves the right to determine the number of persons necessary to perform service work and will exercise its best judgement in performing labor at overtime rates.

Disposal of E-Waste and other related waste to be carried out as per the requirements of local government’s applicable law.

7. TERMS OF PAYMENT (SALES):Unless agreed otherwise, all our invoices are to be paid 100% advance along with purchase order. Any other special payment terms shall be mutually agreed in writing prior to order acceptance, on a case to case basis.

Detention of payments or balancing of payments against claims of Buyer against Seller is not allowed, unless these claims are undisputed or legally established. If Buyer delays contract completion, Buyer shall pay on SELLER’s specified reasonable pro-rata terms. Overdue payments shall carry interest charges of 2% per month or part thereof. Buyer shall pay Seller’s collection or litigation expenses, including that actually payable or paid to Seller’s Attorney as fees and charges. Should there be reasons to doubt the solvency or credit standing of the client, Seller reserve the right to demand securities or prepayment for any outstanding delivery or declare immediate maturity of all outstanding claims.

TERMS OF PAYMENT (SERVICE): Mutually agreed terms of payment shall be stipulated in the contract (quotation) or Service Order as:

  • full payment in advance prior to commencement of works/supply of materials.
  • progressive payments determined reasonably by Seller and confirmed by the Buyer.
  • payment shall be made within a week (7 days) from the date of shipment or service delivery.

Overdue payments shall carry interest @2% per month or part thereof. Buyer shall pay Seller’s collection or litigation expenses, including the attorney fees if applicable.

8. DELIVERY: The estimated delivery end date) is always mentioned on the Seller quote. This proposed delivery is as per the commitment given by the Manufacturer & Seller shall not be held liable when there is delay in delivery by the Manufacturer, or for other reasons which are not under the control of the Seller. Seller shall keep Buyer informed/updated on such delays as & when known to the Seller. Seller shall not accept any penalty as liquidated damages, unless specifically agreed in writing prior to order acceptance. Seller reserve the right to postpone delivery in the case of force majeure for the duration of the obstruction plus a reasonable period of recuperation. Should delivery have become impossible by an act beyond our control, Seller reserve the right to partially or completely rescind the contract.

9. CANCELLATION – Order (other than for Custom Products and Private Labelled Products), in whole or in part, without further obligation or liability to Buyer, at any time within two (2) business days from the date of order placement to Seller, provided the equipment have not already been shipped / dispatched from the Seller’s / Seller’s vendor’s warehouse.

10. VARIATION – Any variation in the quantity or specification will be subject to availability and the Seller is not responsible for any delay due to this on the agreed time frame. Seller deserves to charge the Buyer towards incurred margin loss due to variation / reduced order quantities.