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1. Definitions |
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The "Buyer" means the company or person who buys or
agrees to buy Goods from the Seller. |
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The "Seller" means PIONEER HOUSE L.L.C. A company
trading in the UAE and operating under UAE Law.
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"Conditions"
means the Conditions of Sales set out in this document and any
Special Condition agreed in writing by the Seller. |
| 2.
Conditions |
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These conditions shall apply to all Contracts and Orders for
the sale of Goods by the Seller to the Buyer to the exclusion
of all other Terms and Conditions including any which the Buyer
may purport to apply under any purchase order, confirmation
of order or similar document. |
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No variation or addition to these Conditions shall be effective
unless agreed in writing by the Seller. |
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No contract for the sale of Goods shall arise until the Seller
dispatches the Goods to the Buyer |
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Acceptance of delivery of Goods shall be deemed conclusive evidence
of the Buyer's acceptance of these Conditions. |
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Nothing in these Conditions shall affect the statutory rights
of any consumer more than the law permits. |
| 3.
Prices |
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The Prices shall be that on the Seller's current Price List
(or if applicable the price contained in the Seller's Quotation). |
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The Seller reserves the right to revise prices prior to dispatch
of Goods to reflect any direct or indirect increase in costs
to the Seller but if the price has been paid in full prior to
dispatch no price revision may take place without the prior
written agreement of the Buyer. |
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Payment must be made in full before the delivery of any Goods
except where the Buyer has an agreed credit account. |
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If any act or proceedings shall be commenced in which the Buyer's
solvency is concerned, all monies under any transaction covered
by these Conditions shall become immediately due and payable. |
| 4.
Interest on Overdue Invoices |
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All invoices shall be paid in full, free from any deductions
for any set-off, counterclaim or otherwise howsoever. |
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Any returned payments will be subject to an administrative charge
of AED50.00 per return. |
| 5.
Warranty and Liability |
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The Buyer must satisfy themselves as to the suitability of the
products for their intended use. |
| 6.
Delivery |
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Whilst every reasonable effort shall be made to keep to any
delivery date, time of delivery shall not be of essence and
the Seller shall not be liable for any losses, costs, damages
or expenses incurred by the Buyer or any other person or Company
arising directly or indirectly out of any failure to meet any
estimated delivery date. |
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Delivery of the Goods shall be made to the Buyer's address and
the Buyer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery. |
| 7.
Ownership and Risk |
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The risk in Goods shall pass to the Buyer upon delivery of the
Goods upon the Goods being appropriated to the Buyer but kept
at the Seller's premises at the Buyer's request. |
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The Seller remains the owner of the Goods affected by the Contract
until the Seller has been paid in full for such Goods. |
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If any payment due under these Conditions is overdue in whole
or in part, the Seller may without prejudice to any of its other
rights recover and/or re-sell the Goods or any of them and may
enter on the Buyer's premises by its servants or agents to recover
the Goods and the Buyer shall be liable for all Sellers's costs
in doing so. |
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If the Buyer is a consumer and properly rejects any of the Goods
which are not in accordance with the Contract, the Buyer shall
nonetheless pay the full price for such Goods unless the Buyer
promptly gives notice of rejection to the Seller and at the
Buyer's costs return such goods to the Seller in good condition. |
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In any case of any other sale the Buyer shall inspect the goods
immediately upon delivery and shall notify the Seller within
five days of delivery if the Goods are damaged or do not comply
with the Contract. |
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Any Goods in respect of which any claim of defect of damage
is made shall be preserved by the Buyer intact together with
the original packing and the Buyer's risk and either
a) Retained by the Buyers for a reasonable period to enable
the Seller or its agent to inspect or
collect the Goods or
b) At the Seller's option returned by the Buyer to the Seller
who will refund the cost of postage
And packing to the Buyer if the Goods are in fact defective.
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| 8.
Cancellation Returns |
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No contract shall be cancelled nor shall any Goods which are
in accordance with the Contract be returned without the prior
written approval of the Seller and on terms to be determined
at the absolute discretion of the Seller. |
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Unless the Seller at its discretion decides otherwise, if the
Seller agrees to accept the return of any such Goods than a)
a Goods Return No. obtained from the Seller must be clearly
shown on the returning parcels b) the Buyer will be liable for
the cost of remedying any damage to the Goods returned where
such damage has, in the opinion of the Seller, been caused by
the goods being inadequately packaged by the Buyer or through
the Buyer's fault c) the Seller reserves the right to make a
handling charge of 25% on Goods which are returned if they were
ordered in error or are no longer required. |
| 9.
Force Majuro |
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The Seller will not be under any liability whatsoever in the
event that the Seller is prevented or delayed from supplying
or making delivery of any Goods for any reason or cause beyond
the Seller's control. |
| 10.
No Waiver |
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The Seller's failure to insist upon strict performance of any
provision of these Conditions shall not be a waiver of its rights
or remedies in respect of any present or future default of the
Buyer in performance or compliance with any of these conditions. |
| 11.
Liability |
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Except as may be implied by lay where the Buyer is dealing as
a consumer, in the event of any breach of these Conditions by
the Seller the remedies of the Buyer shall be limited to damages
which shall in no circumstances exceed the price of the Goods
and the Seller shall under no circumstances be liable for any
indirect, incidental or consequential damages. |
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