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Terms and Conditions

Application of Terms and Conditions

  1. PRICES AND CHARGES (SALES): Buyer shall pay:
    • The prices for the equipment/services listed in the contract, or if not specified, will be based on the Seller's prevailing rates at the time of shipment.
    • All prices are determined according to the latest Shipping INCOTERMS2010 (as published by the ICC- International Chamber of Commerce) stated in the quote, or if not stated, they are considered EXW factory.
    • This applies to any additional supplies/services expedited that are necessary for the operation of the system and its intended use.
    • Packing, freight, transportation, and insurance costs from the dispatch warehouse to the destination warehouse, as well as any direct shipments, are included.
    • All bank charges are the responsibility of the buyer.

    PRICES AND CHARGES (SERVICE): The Buyer shall pay the prices outlined in the Contract. If not outlined, the Buyer will pay the Seller’s prevailing prices at the time of service delivery for all components, parts, equipment, and materials required to complete the Service Job. The Buyer shall pay for the AMC as specified in the Contract or quotation.

    • For any items not specifically outlined in the Contract but requested by the Buyer due to incomplete or inaccurate information provided by the Buyer, additional services may be required.
    • Service charges will be applied according to the Contract, or if there is no Contract, at the Seller's applicable daily rates.
  2. TECHNICAL ADVICES

    All consultancy services provided to the Buyer regarding procurement are based on the Seller/Manufacturer’s best knowledge and past experiences. The Buyer/End user is required to exercise due diligence in verifying the suitability of our advice for their specific production or application conditions. The Seller shall not be held liable or responsible for any damages resulting from this, unless an intentional violation of the contract is proven.

  3. The Seller reserves the right to modify the design and/or specifications or substitute equipment with another design, provided that such changes do not materially or adversely affect the performance or utility of the equipment the Seller is contracted to supply. Any changes requested by the Buyer require the Seller’s prior written consent. Such changes will result in an equitable adjustment to the charge and/or extension of the performance time. If the parties do not agree on a price increase and the Seller decides to continue performance to prevent delays, the Buyer shall pay the Seller’s reasonable estimate of the additional work’s value.
  4. CRITERIA FOR UNDERTAKING A SERVICE
    • Service assignments will only commence upon receiving a written Service Order from the Buyer, with terms agreed upon by both parties.
    • Acceptance of a Service Order will be confirmed to the Buyer through an Order Confirmation.
    • A legally binding contract is established upon acceptance of the order.
  5. TERMS OF SERVICE
  6. TERMS OF PAYMENT (SALES)
  7. TERMS OF PAYMENT (SERVICE): Mutually agreed terms of payment shall be stipulated in the contract (quotation) or Service Order as:

  8. DELIVERY
    • The estimated delivery period, including both the start and end dates, will always be stated on the Seller's quote. This proposed timeline is based on commitments made by the Manufacturer. The Seller shall not be held responsible for any delivery delays caused by the Manufacturer or other factors beyond the Seller's control. The Seller will keep the Buyer informed of any known delays as they arise. The Seller will not accept any penalties as liquidated damages unless specifically agreed upon in writing before the order is accepted. In the event of force majeure, the Seller reserves the right to postpone delivery for the duration of the obstruction plus a reasonable recovery period. If delivery becomes impossible due to circumstances beyond our control, the Seller reserves the right to partially or fully terminate the contract.
  9. CANCELLATION

    A buyer may cancel any purchase order, excluding orders for custom products and private-labeled products, in whole or in part, without any further obligation or liability to the buyer, at any time within two (2) business days from the order placement date to the seller, provided that the equipment has not yet been shipped or dispatched from the seller's or 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 within the agreed time frame. Seller deserves to charge the Buyer towards incurred margin loss due to variation or reduced order quantities.

  11. DELAYS
  12. When circumstances beyond Seller’s reasonable control occur, the time for contract completion shall be extended to compensate for any resulting delay for a period of time at least equal to the duration of those circumstances. Such circumstances include, but are not limited to, Buyer’s acts or omissions, Acts of God, Government actions, labor disputes or shortages, civil disturbances, fires, floods, public health matters, transportation delays, plant accidents, and material or facility procurement delays.

    In case of delay wherein delivery / billing / site services could not be executed by Seller due to various reasons from Buyer side like non-readiness of site, delayed inspection of delivered shipments, delayed approval of our Invoices and in those cases Seller:

  13. TITLE AND RISK OF LOSS
  14. TESTING, INSTALLATION, SUPERVISION AND INSPECTION
  15. WARRANTY
  16. The standard warranty is one year from the date of supply. All items sold or supplied by the Seller come with the manufacturer’s warranty, which will be transferred to the Buyer. Warranty coverage does not include transit damages. No additional warranties, whether expressed or implied, including implied warranties of merchantability or fitness for a particular purpose, will apply. But for some products may have warranty coverage by the seller. The Buyer must inspect the merchandise and determine its suitability for the intended purpose, possibly through appropriate testing. Claims will only be considered if the Seller is notified immediately upon discovering any faults. If a valid claim is made, the Seller will, at their discretion, either replace or repair the merchandise at no charge. The Seller will not be responsible for any consequential damages resulting from defects in the merchandise, as the warranty's purpose is to ensure the merchandise meets the contract specifications. The warranty excludes damages caused by improper handling or storage after risk has passed or by unforeseen external factors not covered by the contract.

    WARRANTY (SERVICE) – Three months on labor & parts as per the following terms:

  17. RETURN GOODS POLICY
  18. LIMITATION OF LIABILITY
  19. INDEMNITY
  20. The Buyer agrees to defend, indemnify, and hold harmless the Seller (including its agents, representatives, employees, officers, affiliated companies, successors, and assigns) from any and all claims, demands, actions, damages, and liabilities (including attorney’s fees and consequential and incidental damages) arising from any injury (including death) to individuals or damage to property connected to any act or omission by the Buyer, its agents, employees, or subcontractors.

  21. AFTER SALES SERVICE
  22. If after-sales service is provided by anyone other than the Seller, the Seller shall not be responsible for the performance of the equipment or any warranties and guarantees.

  23. TERMINATION (SALES)
  24. TERMINATION (SERVICE)

  25. FORCE MAJEURE
  26. Each Party will be excused from fulfilling its contractual obligations if such performance is obstructed by force majeure (as defined below), provided the nonperforming Party promptly informs the other Party of such obstruction. This excuse will persist as long as the force majeure condition continues. The affected Party must also inform the other Party of the expected duration of the force majeure, any measures taken to minimize or avoid its impact, and must make reasonable efforts to eliminate the cause of the force majeure. For the purposes of this contract, “force majeure” includes events beyond the Parties' control, such as acts of God, terrorism, compliance with government regulations, laws or orders, war, acts of war (whether declared or not), labor strikes or lock-outs, civil unrest, epidemics, failure or default of public utilities or common carriers, destruction of production facilities or materials due to fire, earthquakes, storms, or similar disasters. Payment obligations for invoices due and payable under this contract will not be delayed by the payer due to a force majeure event affecting the payer.

  27. CONFIDENTIALITY
  28. Buyer agrees that all drawings, prints, and other technical materials provided by Seller, whether created by Seller or third parties under Seller’s contract, contain data that embodies trade secrets and confidential know-how of commercial value to Seller or its third-party contractors. Buyer agrees to:

    his agreement does not restrict the use of information that is generally available to the public.

  29. INTELLECTUAL PROPERTY
  30. Buyer acknowledges that Seller and its affiliates own brands, trademarks, designs, patents, copyrights, and other intellectual property related to Seller’s Products, and that no rights or licenses are granted by Seller to Buyer to manufacture, have manufactured, modify, import, or copy such Products. Buyer agrees to refer to Seller’s brands or its affiliates only in connection with the use or sale of the Products delivered under this agreement, and not in relation to any other Products, unless separately authorized by Seller in writing.

  31. PRODUCT LIFE CYCLE
  32. In alignment with the life cycle perspective, the Seller recognizes the importance of informing all interested parties about the potential significant environmental impacts related to the end-of-life treatment and final disposal of our products and services. We urge all interested parties to consult the manufacturer's product manual or catalog for proper disposal procedures and end-of-life treatment. Additionally, please adhere to the local laws and regulations of your country when disposing of these products. The Seller is available to provide further assistance if needed.

  33. ENTIRE CONTRACT
  34. These General Terms & Conditions, along with the SELLER’s written techno-commercial proposal, form the complete contract. This contract represents the full agreement between the parties and will be included in any order document from the Buyer. No amendments will be binding on the Seller unless they are made in writing and signed by an authorized representative of the Seller. Any additional terms or conditions in the Buyer’s order that alter or add to these General Terms & Conditions will have no effect.

  35. GOVERNING LAW & JURISDICTION
  36. The validity, interpretation, and performance of this Contract, as well as any related suits or proceedings, will be governed by and construed according to English law, without regard to conflict of law principles. Both parties to this contract agree to the exclusive jurisdiction of the Dubai DIFC or UAE Courts and waive any claims regarding inconvenient forum or venue. English will be the official language for all proceedings.

  37. TAXES
  38. All amounts specified in these Terms and Conditions are exclusive of any taxes, duties, cess, or levies, including Value Added Tax (VAT), sales tax, or similar taxes under applicable tax legislation, which will be the responsibility of the Buyer. The Buyer must pay VAT, GST, or similar taxes (if applicable) in addition to the value of the supply or service, and in the same manner and time frame as payment for the value itself. The Seller will issue a tax invoice compliant with the applicable tax legislation requirements. The Buyer will indemnify the Seller against any tax liabilities that the Seller must pay to a third party due to any non-compliance, breach, or other reason attributable to the Buyer, including interest and penalties. If the Seller later receives a credit or repayment for such tax from a third party, the Seller will reimburse the Buyer for the credited or repaid amount, minus any reasonable costs, penalties, and interest incurred by the Buyer.