© 2017 - 2022 MKBH Building Materials Trading LLC
1. CONTRACT TERMS, VARIATIONS AND REPRESENTATIONS” (a) In these conditions, “the Seller” means MKBH Building Materials Trading LLC as may sell the Goods; “the Buyer” means the individual, firm, company, or another party with whom the Seller contracts; “the Goods” means the Goods (including any installment of the Goods) which the Seller is to supply in accordance with these conditions; “the Services” means the whole or any part of the services which the Seller is to supply or carry out; “the Contract” means any contract under which the Seller provides Services and/or sells the Goods to the Buyer; “Supply” includes (but is not limited to) any supply under a contract of sale.
(b) No order in pursuance of any quotation or otherwise shall be binding on the Seller unless and until such order is accepted by the Seller. Any Contract made between the Seller and the Buyer shall be subject to these conditions and save as after mentioned no representative or agent of the Seller has authority to agree on any terms or make any representations inconsistent with them or to enter into any contract except on the basis of them; any such term representation or contract will bind the Seller only if in writing and signed by an authorized signatory of the Seller.
(c) Unless otherwise agreed in writing by the Seller these conditions shall apply to the exclusion of any terms and conditions stipulated or referred to by the Buyer in his order or pre-contract negotiations or any inconsistent terms implied by law or trade custom, practice, or course of dealing.
(d) Any general description contained in the Seller’s catalogs or other advertising material shall not form a representation or be part of the Contract.
(e) Where the Seller has not given a written acknowledgment of the Buyer’s order these conditions will nonetheless apply to the Contract provided that the Buyer has had prior notice of them.
(f) The Seller reserves the right to correct any clerical or typographical errors made by its employees at any time.
(g) In case of any disputes the law applicable would be based on the UAE Governing Law.
2. SPECIFICATION, INSTRUCTIONS OR DESIGN” (a) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods or Services within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
(b) If the Goods are made to a specification, instruction, or design supplied by the Buyer or any third party on behalf of the Buyer then (i) the suitability and accuracy of that specification, instruction, or design will be the Buyer’s responsibility; (ii) the Buyer will indemnify the Seller against any infringement or alleged infringement of any third party’s intellectual property rights including but not limited to patent, design right, registered design, trademark, trade name or copyright and any loss, damage or expense which it may incur by reason of any such infringement or alleged infringement in any country; (iii) the Buyer will indemnify the Seller against any loss, damage or expense in respect of any liability arising in any country by reason of the Goods being made to such specification, instruction or design
3. QUOTATIONS AND PRICES
(a) The Seller shall be entitled to increase its prices at any time to take account of any increase in the cost to the Seller of purchasing any goods or materials or manufacturing working on or supplying any goods (including but not limited to any such increase arising from any error or inadequacy in any specification, instructions or design provided by the Buyer, any modification carried out by the Seller at the Buyer’s request or any change in exchange rates) and such increased prices ruling at the date of dispatch by the Seller shall be substituted for the previous Contract price.
(b) All prices quoted are exclusive of any delivery or handling charges and the Buyer shall pay any and all taxes duties and other government charges payable in respect of the Goods and/or Services.
(c) All prices shown are in DIRHAM (AED) unless otherwise stated.
4. USE AND SAFE HANDLING”
(a) The Buyer warrants that it will pass on to all third parties to whom it may supply the Goods or any of them all information as to the use and safe handling of such Goods as may have been provided to the Buyer by the Seller.
5. LIMITATION OF LIABILITY”
(a) The Seller will have no liability for damage in transit, shortage of delivery, or loss of Goods unless the Buyer shall have given to the Seller written notice of such damage, shortage, or loss with reasonable particulars thereof within 3 days of receipt of the Goods or (in the case of total loss) of receipt of the invoice or other notification of dispatch. The Seller’s liability, if any, shall be limited to replacing the good within 14 days if agreed by both sides that the item needs to be replaced due to the above reasons
(b) The Seller will have no liability for any consequential loss arising out of any damage in transit shortage of delivery or loss of Goods.
(d) Where the Seller agrees to replace Goods in accordance with the foregoing provisions of this clause or otherwise any time specified for delivery under the Contract shall be extended for such period as the Seller may reasonably require.
(e) All Goods sold by the Seller are supplied with the benefit of the terms implied by section 12 of the Sale of Goods Act 1979. Subject thereto, and whether or not the contract is a contract of sale, all other conditions, warranties, and other terms express or implied, statutory or otherwise, are expressly excluded, save insofar as contained herein or as otherwise expressly agreed by the Seller in writing PROVIDED that if and insofar as any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the Contract any term or shall have made unenforceable any attempt to exclude any such term, the foregoing provisions of this paragraph will not apply to any such term.
(f) Nothing in these conditions shall exclude or restrict any liability that the Seller may have by virtue.
MKBH Building Materials Trading LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MKBH Building Materials may also, in the future, offer new services and/or features through the Website (including the release of new tools). Such new features and/or services shall be subject to the terms and conditions of this Agreement, as may be amended from time to time.
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