GENERAL TERMS & CONDITIONS OF SALE
Carrier Kuwait Air Conditioning KSC
GENERAL
Goods and related services are sold by Carrier Kuwait Air Conditioning Company (hereinafter called the "Company") solely on the following terms and conditions as may be amended from time to time. Any provisions in the Purchaser's Order from or other documents which conflict with or modify or are in addition to the Company's terms and conditions as of the date of acceptance of the Purchaser's Order shall be excluded from the contract unless otherwise expressly agreed by the Company in writing.
QUOTATIONS
Quotations are made by the Company without engagement and based on the prevailing prices at the time of quotation. Unless previously withdrawn, quotations and tenders are open to acceptance for the period therein or, if no period is stated, within 30 days from the date thereof. Acceptance must be in writing and must be accompanied by sufficient information to enable the Company to proceed without delay in the execution of the order. The Company reserves the right to correct any typographical or clerical errors in a quotation or tender at any time by notice in writing. Published price lists by the Company do not constitute quoted prices and are subject to confirmation by a quotation.
ACCEPTANCE
Acceptance includes acceptance of the Company's general terms and conditions of sale. All quotation and tender are submitted on the basis that no contract for the sale of the relevant goods or services will be complete until the Company has confirmed the orders by issuance of order acknowledgement to the Purchaser.
DELIVERY AND STORAGE
The terms of delivery of the goods or services is deemed to run from the date the order is received or the tender or quotation accepted or the date on which sufficient information is received from the Purchaser to enable the Company to proceed with the execution thereof, whichever is the latter.
The Company accepts no responsibility whatsoever for any claim or damage resulting directly or indirectly from a delay in acceptance by the Purchaser of the goods and/or services, or provide necessary instructions for forwarding the delivery of goods which will denote acceptance of the delivery of goods under the order.
If forward instructions are not received within seven (7) days after the date of negotiation that the goods are ready for dispatch, the Purchaser shall take delivery or arrange for storage, or the Company may at its own discretion arrange for storage at Purchaser's expense.
If the Company stores, it will be on strict understanding that the goods will be held at the Purchaser's risk and a charge will be made at the rate of 3% of the value of the goods per month stored and any other charges such as demurrage must also be paid by the Purchaser. The goods shall be paid for as if they had been dispatched.
LIMITS OF CONTRACT
The contract to supply goods and/or services as per Quotations or tenders include only such goods/or services as are specified therein. Each order will be deemed a separate contract.
PRICES
The Company reserves the right to alter its prices to take account of variations in labor, materials currency exchange, customs duty or other costs between the date of order, quotation or tender and the date of delivery of goods to site or into storage. Such alteration in prices shall be to the Purchaser's account.
CANCELLATIONS
If the Company, on the Purchaser's request, shall agree to cancel or of suspend any order or part thereof; without prejudice to any other rights the Company may have, the Purchasers shall be liable to reimburse the Company for any costs or expenses incurred by the Company as result of such cancellation or suspensation. The Company reserve the right to use any down payments made by the Purchaser against the order in question to offset any or all expenses incurred by the Company and to reject or return any unused materials delivered under the contract whether before or after the cancellation notice.
TERMS OF PAYMENT
Payment shall be made at the rate of 100% of the invoiced value raised as per the terms of the mutually agreed contract or order and no retention of any part of such payment shall be allowed unless agreed in writing by the Company when accepting the order. Where goods have been made, assembled, modified or bought by the Company to meet the Purchaser's specific delivery requirements and delivery cannot be made because of causes not attributable to the Company, payment shall be made as though the goods were delivered or collected, unless otherwise agreed. Prices quoted are for delivery ex-warehouse on a strictly net basis payable on or prior delivery. If payment is not effected within the period agreed upon, the Company shall be entitled, without notice of default, to charge a late payment fee of 1% of the outstanding amount from the due date for every month or part thereof that the amount has remained unpaid. Any expense incurred by the Company to collect any outstanding payments shall be for the account of the Purchaser.
TITLE TO GOODS
Notwithstanding any agreed terms of payment, the legal title to an equitable ownership of goods sold by the Company shall not pass to the Purchaser until the whole of the Purchase price stipulated by the Company for the said goods have been paid. Until the title has passed, the Purchaser shall ensure that the Company's goods, wherever situated, are kept separately from other goods and are readily identifiable as the Company's goods.
The risk of loss and/or damage of the goods shall pass to the Purchaser either at the earlier of the time of delivery of the goods or the time the goods are put in storage by the Company on behalf of the Purchaser, whether this storage is upon the request of and paid by the Purchaser or upon failure of the Purchaser to collect the goods after the official notification has been sent to the Purchaser by the Company as stipulated in article 4.0
SERVICES
Where prices are quoted by the Company for services such as repair work, supervision of installation and initial start-up of equipment, the price and time of completion are given on the understanding that scaffolding, lifting jacks, power supply, lighting and water connections are ready and free for the Company's use in good time and that continuous and satisfactory means of access to the site is provided by the Purchaser.
DRAWINGS AND TESTS
All data and drawings contained in catalogues supplied by the Company are intended to present only a general idea or the goods described therein. Although they are as accurate as possible, they are not binding and do not from part of any contract, All quotations, drawings, calculations and descriptive matter whatsoever are copyright and remain the property of the Company, returnable on request. These must be treated as confidential, absolutely cannot be copied or communicated to other persons or companies unless the written consent of the Company has been obtained. If special tools or tests in the presence of the Purchaser are required these will be chargeable unless otherwise specified. In the event of delay on the Purchaser's part in attending such tests after receiving prior notification of seven (7) days, the tests will proceed in the absence of the Purchaser and shall be deemed to have been made in the Purchaser's presence.
DAMAGE / LOSS IN TRANSIT AND DISCREPANCIES
Damage, errors and shortages must be notified immediately on receipt of receipt of goods quoting any reference and delivery note numbers. Goods supplied in accordance with an order shall not be returned without written contract of the Company. Appropriation can only be considered within one(1) week of date of invoice and must state the date and number of the invoice and reason(s) for return.
GUARANTEE & EQUIPMENT WARRANTY
Always subject to the Purchaser's compliance with the Company's terms and conditions and the Company's receipt of prompt notification by the Purchaser, the Company guarantee at its option to make good or replace free of charge any defective parts, any goods supplied by it which are shown, to the Company. (The warranty period shall be as per the Company Policy in force at the time of the contract as explicitly laid down at the time of acceptance of the order from the purchaser by the company). In the case of defect found within one(1) month of the proven initial start-up date and upon receiving prompt notification from the Purchaser, the equipment will be deemed to have been "D.O.A. - Dead On Arrival". In this case labor to repair the full part will also be provided by the Company. Liability of company is expressly excluded in respect of:
a) Any defect caused by accident, misuse, neglect, tampering with or unauthorized modification of the goods or any attempt at internal adjustment or repair by any person not authorized by the Company.
b) Any defect found after the expiration of the warranty period.
c) Any defect which may occur from any prior installation to which the Company's equipment may be connected.
d) Any other expense incurred or any consequential damages or any loss of profit or any other loss or damage whatsoever, howsoever caused.
No condition of warranty contained in the Purchaser's order or made orally by any of the Company's employees, dealers, agents or subcontractors shall be considered as varying or overriding the above. Any defective part replaced shall become the property of the Company.
THIRD PARTY LIABILITY
The Purchaser shall comply with all instructions of the Company regarding the processing, storage, safe use of the goods supplied by the Company and shall Indemnify the Company against any claims, demands, liabilities and costs whatsoever, however arising, other than those arising by the proven negligence of the Company or it's employees.
FORCE MAJEURE
Whilst the company will use its best endeavors to fulfill its contractual obligations, it shall not be liable for delay in performance or for non-performance, in whole or in part, of its obligations under the contract directly resulting from causes beyond the control of the Company or its suppliers including but not limited by reference to Acts of God, adverse weather, civil disturbances, acts of the Purchaser or third party, delay in delivery to the Company or the Company's suppliers, embargoes, fires, hostilities, war, industrial action,, late receipt of Purchaser's specifications, or necessary information, sabotage or strikes.
ARBITRATION
In the event of any dispute or difference whatsoever arising between the Purchaser and the Company in connection with any contract which is subject to these Terms and Conditions both parties shall first seek to resolve the same amicably through negotiations in good faith. Failing that either partly may give notice in writing of the existence of such a dispute and the same shall be referred to the arbitration of a person to be mutually agreed upon. Failing resolution by such means, the same shall be settled in accordance with the Arbitration Law of the State of Kuwait.
WARRANTY
Is valid only if the machines are installed within the territory of Kuwait.
