Terms & Conditions

All orders are accepted by ae.com.sa and processed by Arab Engineers subject to the Terms and Conditions of Sale set out below:

General

All orders for products and services offered by ae.com.sa – owned by Arab Engineers for Trading Co. Ltd. (‘Arab Engineers’) are accepted subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by Arab Engineers unless agreed in writing by an authorized signatory of Arab Engineers or expressly stated otherwise in these terms and conditions of sale.

All descriptions of the products and services contained in the Arab Engineers’ product catalogues or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Arab Engineers and the Customer. Arab Engineers shall not be liable to the Customer for any errors or omissions in its product catalogues. The advertising of products and services in all Arab Engineers’ product catalogues are not an offer capable of acceptance, it merely constitutes an invitation by Arab Engineers for the Customer to make an offer to purchase products and services.

These terms and conditions do not apply to export transactions, to which separate terms and conditions of sale apply.

Arab Engineers is a business-to-business supplier. The Arab Engineers’ catalogues are intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.

Prices

Products and services will be sold at the prices set out in this web site or relevant quotation supplied by Arab Engineers. Arab Engineers reserves the right to change prices without prior notice at any time.

Ordering

Arab Engineers reserves the right to decline to trade with any company or person. In addition, Arab Engineers may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by Arab Engineers of the order.

Arab Engineers executes orders to the Customer’s requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when Arab Engineers next has available stock or be cancelled.

The Customer must submit orders using the Arab Engineers’ stock numbers and the priced units used in the catalogue or relevant quotation and must specify which delivery option is required. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked ‘CONFIRMATION ONLY’ to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause ‘Cancellations and Returns’ will apply.


Payment

Customers can pay via credit card in this website.

Credit terms (subject to satisfactory references and at Arab Engineers’ absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service on or before the agreed number of days set out in the relevant Credit terms from the date in which the products are despatched. All payments must be made without any set-off, deduction or counterclaim.

If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and

Arab Engineers may apply a compensation charge as an estimate of administrative and other wasted costs incurred by Arab Engineers to the Customer of 5% for outstanding sums.

Risk and Ownership

Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to Arab Engineers from the Customer for those products have been received by Arab Engineers (in cash or cleared funds). If the Customer is late in paying any sum to Arab Engineers, then Arab Engineers shall be entitled to the immediate return of all products where the ownership has not passed to the Customer.

The Customer authorizes Arab Engineers and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Arab Engineers shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Arab Engineers’ right to sue for the whole of the price.

Product and Availability Information

Arab Engineers reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Arab Engineers catalogue.

Unless otherwise confirmed, nothing in any Arab Engineers catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

Warranty

For products purchased from Arab Engineers: Arab Engineers warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to Arab Engineers within 12 months of the original date of despatch, or such other longer period as may be indicated by Arab Engineers for specific products from time to time in writing.

For services purchased from Arab Engineers (as referred to in clause ‘Force Majeure’): Arab Engineers warrants that if any service is defective, it will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to Arab Engineers within 12 months of the date of delivery of service, or such other periods as may be indicated by Arab Engineers for specific services from time to time in writing.

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Arab Engineers. The Customer must return or dispose of the products, or make them available for collection by Arab Engineers, in accordance with Arab Engineers’ instructions and suitably packaged.

The Customer must contact Arab Engineers to notify Arab Engineers of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, Arab Engineers may refuse such products and return them to the Customer at the cost of the Customer.

Any products which are replaced by Arab Engineers shall become the property of Arab Engineers. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.

The remedies set out above shall be Arab Engineers’ sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.

The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non- supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). Arab Engineers will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Arab Engineers by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

Liability

Arab Engineers shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the Arab Engineers technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

Arab Engineers shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Arab Engineers and the Customer, or of any order accepted by Arab Engineers; (ii) any duty of any kind imposed on Arab Engineers by law arising out of or in relation to the contract between Arab Engineers and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or

(v) any other loss whatsoever arising out of these terms and conditions of sale.

If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses ‘Warranty’ and ‘Liability’, any liability attaches to Arab Engineers, Arab Engineers’ liability to the Customer arising out of or in connection with these terms and

conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of

(i) any express or implied terms of the contract between Arab Engineers and the Customer, or of any order accepted by Arab Engineers; (ii) any duty of any kind imposed on Arab Engineers by law arising out of or in relation to the contract between Arab Engineers and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or

any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the total value of the order.

Nothing in these terms and conditions of sale (including without limitation this clause ‘Liability’) shall exclude or limit the liability of Arab Engineers for death or personal injury caused by the negligence of Arab Engineers or its employees, agents or sub-contractors, or for fraud.

Cancellations and Returns

The Customer may not cancel orders once accepted by Arab Engineers. Arab Engineers may, at its discretion and in writing, allow an order to be cancelled subject to Arab Engineers recovering from the Customer the costs incurred by Arab Engineers. In the event of cancellation of part of any order only, Arab Engineers may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

The customer may only return products to Arab Engineers, and receive a credit or refund, on the following conditions:

The Customer must contact Arab Engineers prior to the return of any products and obtain the prior consent of Arab Engineers and obtain a returns number (to be quoted on all returned paperwork)

Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to Arab Engineers in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale;

The Customer must follow any specific instructions with any product regarding its return to Arab Engineers;

The Customer must quote the invoice details or the Arab Engineers reference number on the Arab Engineers Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and

For products returned due to Customer error or no longer required and returned in accordance with 1 – 3 above a handling charge will be applied. This handling charge is set out by Arab Engineers.

Where the Customer returns products to Arab Engineers not in accordance with 1 – 3 above (for example, after 30-days from the date of despatch or in an unfit state) Arab Engineers will refuse delivery and return the products at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out by Arab Engineers).

This returns policy excludes software, calibrated products, non-catalogue products, extended range products, product plus products and specially manufactured products. Arab Engineers accepts no responsibility for any loss of or damage to products in transit from Customer to Arab Engineers or for any items received by Arab Engineers with them.

Services

Arab Engineers offers the following services in respect of products: REPAIR and SOFTWARE UPDATE. Arab Engineers may quote a turnaround time target for these services, but Arab

Engineers shall be under no liability if it fails to comply with such target. Except in respect of the REPAIR service, the product must be free from physical and electrical damage and from modifications (other than modifications detailed in the literature supplied with the product). The conditions which apply to each of these services are set out below.

REPAIRS: The REPAIR service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the product). Any instructions set out in the repair information/questionnaire supplied with the product in question must be complied with. Arab Engineers may at its absolute discretion either repair the product or replace it with a substitute product. Any Customer-generated software returned with a product will be erased or otherwise destroyed on receipt and Arab Engineers shall not be under any liability whatsoever in respect of any data contained in such software.

SOFTWARE UPDATE: Arab Engineers will install the latest version of software. Arab Engineers will functionally check the unit to ensure software acceptance.

Force Majeure

A force majeure event is any event beyond the reasonable control of Arab Engineers (including strikes, traffic congestion, the downtime of any external line, or Arab Engineers’ inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Arab Engineers is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Arab Engineers shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 21 days, Arab Engineers may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

Data Protection and Customer Information

Arab Engineers may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer.

Arab Engineers may send to the Customer and its employees details of other products and services offered by its group that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact Arab Engineers either in writing at P.O. Box 88392 Riyadh 11662 Saudi, by fax on +966 11 4652766, by telephone on +966 11 4633117 or by e-mail at ae@ae.com.sa.

The Customer consents that Arab Engineers may use the name of the Customer by disclosing it to certain Arab Engineers resellers for market research and commission purposes.

Law and Jurisdiction

The contract between Arab Engineers and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with Saudi Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in Saudi Arabia, but Arab Engineers may enforce the contract in any court of competent jurisdiction.

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