By acceptance of the goods described herein, the Purchaser expressly acknowledges and agrees as follows:
The warranty described below applies only to new or unused goods or goods reconditioned by Camtech manufacturing FZCO (Manufacturer). The manufacturer specifically disclaims any warranty for used goods or goods sold as is. For a period of one (1) year after date of purchase of any of the goods described herein, manufacturer warrants such goods shall remain free from failure due to defects in workmanship and materials incorporated therein by or for manufacturer provided such failure shall not have been caused or contributed to by improper usage, service or application, improper installation or maintenance, repairs, alterations, or modifications effected by or for the user, misuse, negligence or accident. In the event of failure for which manufacturer has assumed warranty obligations hereunder, and provided written notification of such failure shall be immediately given to manufacturer, it agrees to repair, or at its option, to replace the goods sold at its sold expense. Apart from the warranty and undertaking above set forth, or unless otherwise specifically consented to in writing by manufacturer, manufacturer assumes no obligation or liability for losses, expense or damages, direct or consequential, suffered or incurred as a result of any failure of, or defect in, the goods described herein, including but not limited to, such costs, expenses or damages as may result of any failure of, or defect in, the goods described herein, including but not limited to, such costs, expenses or damages as may result from the necessity to remove, replace, restore or transport the goods from any location or service in which they may be used, regardless of the cause of such failure or defect. This warranty extends only to the original Purchaser of the goods and is the only warranty made by manufacturer in connection therewith. There are no other warranties, express or implied, of any kind given with respect to the goods, their merchantability, fitness for any particular purpose or usage, or otherwise, nor is any person authorized to extend on behalf of manufacturer any form of warranty other than that above set forth. The goods described herein are not sold or distributed by manufacturer for personal, family or household purposes, nor are they normally suited for use as such.
Prices and other terms of sale where set forth in current price sheets are subject to change without notice. Stenographic or clerical errors are subject to correction.
3. Acceptance of Orders and Special Orders:
All orders are subject to acceptance by manufacturer at its Head office in Dubai at United Arab Emirates only. No assignment of the Purchaser’s rights may be made without the written consent of the manufacturer. Orders for special materials are subject to cancellation only upon agreement to make payment for the work performed, material used, and a reasonable profit.
4. Terms, Payment and Partial Shipment:
All accounts are payable as per agreed terms set in the project basis. All accounts are payable in United States Dollars (unless otherwise agreed for other currencies), free of exchange, collection, or any other charges. If in the sole discretion of manufacturer, the financial condition of the Purchaser at any time so requires, Manufacturer retains the right to require full or partial payment in advance, to set spending limits for credit accounts or to require other adequate assurances of financial responsibility. Manufacturer reserves the right to make partial shipments from time to time and render invoices therefore, which shall be due and payable as provided in said invoices.
5. Freight Charges:
Unless otherwise specifically noted, standard shipping conditions applies as ex-works shipment. If required by purchaser, the standard shipping charges at actual shall be added or be in addition to the price quoted and Purchaser agrees to pay the same to Manufacturer.
6. Unavoidable Conditions:
Manufacturer shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond its control, including, without limitation, strikes, lockouts, fires, embargoes, war or other outbreaks of hostilities, acts of God, inability to obtain shipping space, machinery, breakdowns, delays of carriers or suppliers, and governmental acts or regulations.
7. Returns and Cancellations:
No product may be returned without manufacturer’s prior written consent. All goods returned are subject to a handling charge plus freight in both directions, restocking fees and charges for any required reconditioning, unless otherwise specified in writing by Manufacturer. Overages, shortages and incorrect material claims must be made in writing within ten(10) days of receipt of goods. Cancellation of orders once placed with and accepted by Manufacturer may be made only with its written consent.
8. No Waiver:
Manufacturer’s failure to insist upon any of the terms, covenants, or conditions listed herein or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performances of any such term, covenant or condition, or the future exercise of such right or a waiver or relinquishment or waiver of any other term, covenant or condition or the exercise of any other rights hereunder.
9. Drawings, Data and Confidential Information:
The weights, dimensions, capacities, prices, performance ratings and other data included in catalogues, prospectuses, circulars, advertisements, illustrated matter and price lists constitute a guide. These data shall not be binding except to the extent that they are by reference expressly included in the purchase order. Any drawings or technical documents intended for use in the manufacture of machinery, equipment, plants, parts, or other material and any ancillary services associated therewith (Material), or a part thereof, and submitted to the Purchaser prior or subsequent to the formation of the purchase order, remain the exclusive property of the manufacturer. They shall not, without the Manufacturer’s consent, be utilized by the Purchaser or copied, reproduced, transmitted or communicated to an unauthorized third party, provided, however, that the said plans and documents shall be the property of the Purchaser if it is expressly so agreed in writing. Any drawings or technical documents intended for use in the construction of the Material or of part thereof and submitted to the Manufacturer by the Purchaser prior or subsequent to the formation of the purchase order remain the exclusive property of the Purchaser. They shall not, without Purchaser's consent in writing, be utilized by the Manufacturer or copied, reproduced, transmitted or communicated to an unauthorized third party.
10. Governing Law:
This contract shall be governed by, construed and enforced in accordance with the laws of the United Arab Emirates.