*For customers from the Kingdom of Saudi Arabia, and Payments to be made in Saudi Riyals only. ----------------------------------------------------- Beneficiary : ARAMEX Beneficiary Account with : SAUDI BRITISH BANK (Main Branch) Riyadh - KSA Beneficiary Account No : 001-174747-006

If partial consignments are invoiced, payment shall be made for each individual consignment in accordance with the agreed terms of payment.

PACKING
Except where otherwise contracted for, packing shall be that normally supplied by manufacturers or by the Seller for underdeck ocean shipment for similar types of materials and equipment, wood boxing, or special packing, will be furnished at extra charge to the Buyer

TAXES
Prices shown are ready for export from country of manufacture or country of warehousing, up to the F.O.B. point. Prices shown do not include any subsequent sales, excise, duties, or other government charge payable by Seller to any authority. Any such taxes now or hereafter imposed upon sales or shipments shall be for the order of the Buyer and shall be added to the purchase price. The Buyer agrees to reimburse Seller for any such tax, excise, duties, deductions or payments of whatsoever nature or provide Seller with an acceptable tax exemption certificate.

DELIVERY

• All terms of delivery agreed by the parties shall be delivered and interpreted according to Incoterms 1990, except where specifically otherwise agreed in writing between the parties.
• Seller is not accountable for delays in delivery if caused by any legislative, administrative, or executive law, order or regulation of the Federal Government or any State or Municipal Government or any subdivision, department, agency, officer or official thereof, or if caused by, but not limited to, war, riots, labour conflicts, natural catastrophes, acts of God, strike, flood, fire, accidents, delays of carrier, inability to obtain suitable and sufficient labour or necessary supplies of raw materials or other unavoidable contingencies beyond the Sellers control.
• When such occurrences result in a significant over-running of the delivery time quoted by Seller, Seller is entitled to adapt the prices, delivery dates and other conditions to the new situation. Should this adaptation not be accepted by the Buyer, or not be possible due to other circumstances, Seller is entitled to withdraw from the contract and to invoice the expenditure incurred up to the date of withdrawal.
• Factory shipment or delivery dates are the best estimates of our suppliers and are not binding. In no case shall the Seller be liable for any consequential loss, or special damages arising from any cause.
   

LABOUR CHARGES
Seller shall not be held liable for any labour charges other than those agreed upon in advance between the manufacturer and the Buyer of the materials and equipment covered in this quotation.

BUYER'S REQUIREMENTS
Material and equipment included in this quotation are based on the Seller's interpretation of the Buyer's requirements which are subject to verification by Buyer or his representative. Seller shall not be liable for materials or equipment not conforming to the Buyer's requirements or additional costs if such are due to the fact that the information submitted to the Seller by Buyer did not correspond to the actual circumstances or was incomplete.

WARRANTIES
All materials and equipment included in this quotation are warranted only to the extent of the manufacturer's warranty. This warranty will be furnished on written request. UNLESS OTHERWISE AGREED IN WRITING BY A DULY AUTHORISED REPRESENTATIVE OF THE SELLER, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH A NUCLEAR FACILITY OR ACTIVITY.

BUYER'S REMEDIES
Buyer's remedies for any defects in the materials and equipment covered by this quotation are limited to the express terms of the manufacturer's warranty and are subject to any exclusions and limitations contained in manufacturer's terms and conditions to Seller including, without limitation, the time within warranty claims must be made and as to the amount or nature of damages which may be claimed. A copy of such terms and conditions will be furnished upon written request. IN ANY EVENT, SELLER SHALL NOT BE LIABLE FOR CLAIMS FOR CONSEQUENTIAL OR SPECIAL DAMAGES OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE, SALE, FABRICATION, REMOVING, RETURNING OR REPLACING OF THE MATERIALS OR EQUIPMENT COVERED BY THIS QUOTATION WHICH ARE FOUND TO BE DEFECTIVE. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five(5) days after receipt of shipment. Failure to deliver such notice in writing in due time to the Seller shall be deemed to be a waiver of all claims for such shortages. Finally, no material or equipment may be returned to the Seller without the written consent of the Seller and all material or equipment that is returned must be consigned insurance and carriage prepaid and packed in their original packing.

WAIVER
Unless otherwise specifically stated herein the failure of Seller and Buyer to insist upon the performance of any of the terms and conditions of this contract or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this contract.

MODIFICATION OF CONTRACT
No terms and conditions other than those stated herein, and no agreement or understanding, oral or written, in any way purporting to modify these terms and conditions, whether contained in Buyer's purchase or shipping release forms or elsewhere, shall be binding on the Seller hereinafter unless made in writing and signed by its authorised representative. IF THE CONDITIONS OF THIS CONTRACT ARE NOT ACCEPTABLE, BUYER MUST SO NOTIFY SELLER IN WRITING AT ONCE.

SHIPMENT
Seller will, when specifically requested and upon full compensation for all expenses incurred, including storage, demurrage, handling charges and brokerage, undertake to arrange for the Buyer's account, for ocean or air shipment, insurance, shipping declarations, etc.

RETENTION OF TITLE
Whilst risk in the materials or equipment shall pass as soon as they have left the Seller's warehouse, title shall remain with the Seller until Seller has received payment in full for all goods supplied to Buyer.

In the event of payment not being made in time in accordance with these terms and conditions, the Seller is entitled without giving notice of default and without the intervention of a court of law immediately to repossess the goods which are the Seller's property and to enter the buildings and/or sites where the goods are situated.

DOCUMENTATION/SPECIFICATION

• Mention of a product in any catalogue or price list does not necessarily imply that the product is available for sale and the Seller reserves the right at all times to discontinue the sale of any product.
• Unless otherwise specifically stated, specification of the products shall be the Seller's standard specification for the country concerned in force at the time of the order. The Seller reserves the right to make any alterations in the specifications or design of any product. It also reserves the right to deliver products meeting the altered specification or design in fulfillment of any order for products of a previous specification or design, provided the altered products are not materially different from and are designed for the same purpose as the ordered products.

INSURANCE OF SHIPMENTS

• For all Ex- Warehouse Shipments (Ex-Jebel Ali/Ex-Dubai/Ex-Riyadh etc.) - the risk in the goods passes to the Buyer on handing over the goods by the Seller or his agent to the Buyer or his appointed agent. Insurance coverage will be the responsibility of the Buyer. This is also true in cases where the Seller at the request of the Buyer agrees to transport the goods to the Customer's Destination. In such cases the Buyer is responsible for Insuring the goods.
• For C&F Shipments – the risk in the goods passes to the Buyer on handing over the goods by the Seller or his agent to the Buyer or his appointed agent. The insurance coverage will be the responsibility of the Buyer.
• For CIF Shipments - the risk in the goods passes to the Buyer once the goods are cleared by the Buyer. In such cases the Seller’s responsibility for shortages/damages/missing items ceases once the Buyer signs for clean receipt of the goods. Seller will not accept any responsibility unless the shortages/damages/missing items have been endorsed in the way bill by the delivery agent and informed to the Seller within 3 working days.