INTERPRETATION
1. The definitions and rules of interpretation in this condition apply in these conditions.
a. Buyer: the person, firm or company who purchases the Goods from the Seller.
b. Seller: Auto Parts East FZCO, Address: Showroom no S3B6 WH02 and Office No. Lb 19- 1505, P.O.BOX 17370, Jebel Ali, Dubai, UAE, License: 139394, issued 23.10.2013.
d. Delivery Point: the place where delivery of the Goods is to take place
e. Goods: any goods agreed in the Contract to be supplied to the Buyer by the Seller car spare parts, technical liquids, accessories
Conditions of Sales
2. PRICE and ORDERS
2.1. The Seller supplies Goods to the Buyer in accordance with the product description, assortment, price and quantity.
2.2. All the prices are shown in the Buyers account on the Seller web portal and fixed in USD. The price for the Goods is exclusive of any value added tax or sales tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay
2.3. Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.4. No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
3. PAYMENT
3.0. The Buyer shall arrange not less than twenty percent down-payment of the total value of the order confirmed. The balance payment shall be made by the Buyer against the Invoice for the ready Goods prior their shipment from the Sellers warehouse.
3.1. The payment shall be done by the Buyer on OUR conditions , i.e. including all correspondence bank charges.
3.2. No payment shall be deemed to have been received until the Company has received cleared funds.
3.3. The Buyer shall pay the Goods within seven days of the Company giving it notice that the Goods are ready for delivery
3.4. If the Buyer fails to pay the Seller for the Goods in time, the Seller shall be liable to request the Buyer to pay a penalty fee calculated on the basis of the Seller cost of warehouse rent and interest on such sum from the due date for payment at the annual rate of 5% above the base lending. The penalty shall not exceed 20% down payment made by the Buyer.
4. DELIVERY
4.1. The Seller undertakes to ship the Goods from its warehouse within the terms agreed: price,
quantity, assortment, lead time.
4.2. Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at
the Company's place of business. Otherwise the Buyer shall provide in time all necessary information
about the destinations and the place of the goods handover.
4.3. The Buyer shall take delivery of the Goods within seven days of the Company giving it notice
that the Goods are ready for delivery
4.4. The Seller grants the Buyer, its agents and employees an irrevocable license at any time
to enter any premises where the Goods are or may be stored in order to inspect them.
4.5. The ownership of the Goods passes to the Buyer at the time of transfer ownership of the Goods to
the Buyer or the authorized carrier of the Buyer by issuing an Export declaration.
4.6. The Seller shall provide all necessary documents for international carriage such as Invoice, Packing
list. Certificate of Origin signed by Dubai Chamber of Commerce.
4.7. If the Buyer authorizes the Seller to arrange the delivery (including local transportation of Seller
business, air, sea freight to destination), the Seller shall undertake it and provide the Buyer additional
documents as Bill of Lading or Airway bill in order the Buyer successfully receive the Goods at
destination and import them.
5. Quality, Quantity and Claims
5.1. The invoice must contain the number of this Contract, the terms of payment and delivery of the
Goods, the country of origin of the Goods, gross / net weight, number of places and type of packing.
5.2. The quality of the Goods shall conform to the international standard of the automobile industry.
5.3. The quantity of the Goods shall correspond to the quantity mentioned in the invoice and Packing
list.
5.4. In case of quality and quantity discrepancies (damages, shortages and overages), the Buyer shall
notify the Supplier by means of a claim report specifying a nature of discrepancies, quantity and quality
of the Goods during 5 (five) working days after the Buyer鈥檚 acceptance of the Goods.
5.5. Incompliance of the Goods in quality or quantity and justifications of such incompliances and
reasons of such incompliance have to be confirmed by the Supplier's quality control department. The
Buyer must provide all requested photos such as photos of unloading, unloaded cases conditions,
boxes, labels, defects, damages).
5.6. In case the fault of Seller in supplying wrong assortment, quantity and quality of the Goods, the
Buyer may demand full or partial compensation of such Goods at the price indicated in the Invoice.
6. Term of Validity of the Contract and Termination of the Contract
6.1. This Contract comes into effect from the date of signing and shall be valid during one calendar
year.
6.2. This contract may be extended for one more year in case the Parties don鈥檛 call for termination of
the Contract.
6.3. The present Contact can be terminated before expiry within 30 calendar days after written
notification of the Parties.
6.4. The present Contract may be terminated before expiry by one of the Party in case of considerable
violation of working conditions.
7. Force-majeure
7.1. The side for which it becomes impossible to fulfil its respective obligations should immediately
notify the other party by written notice about the beginning and cessation of any such force-majeure
circumstances. If any side fails to notify the other parties about any force-majeure circumstances, such
defaulting party shall not refer to such circumstances.
7.2. No party herein shall be liable for non-fulfillment or partial fulfillment of its respective obligations
hereunder if such non-fulfillment or partial fulfillment is caused by any force-majeure circumstances
such as fire, flood, earthquake, war, strikes or resolutions of any public authorities being binding upon
such party provided that such circumstances shall have direct negative influence upon the fulfillment of
such obligations. In any such case the term of fulfillment of any such obligations hereunder shall be
extended for the period within which such circumstances will remain in force.
7.3. The side for which it becomes impossible to fulfil its respective obligations should immediately
notify the other party by written notice about the beginning and cessation of any such force-majeure
circumstances. If any side fails to notify the other parties about any force-majeure circumstances, such
defaulting party shall not refer to such circumstances.
8. Other Provisions
8.1. No alteration or amendment to this contract is acceptable unless such alteration or amendment is
made in a written form and duly signed by the Parties of this Contract.
8.2. The applicable contract is regulated by the international law.
8.3. Any disputes arise from this contract shall be settled by means of negotiations and if it was not
settled, dispute may be settled in the International Arbitration Court of Dubai and should be considered
according to rules of this court.