General Terms and Conditions
These terms and conditions govern all present and future business transactions between us and the buyer, including the acceptance of partial or complete goods during the ordering process. Any deviations from our terms of delivery and payment by the buyer do not form part of the contract, even if the buyer confirms the order on their terms and we do not object. Our reference to a letter containing or referring to different terms and conditions of the buyer does not constitute consent to such terms. Unless stated otherwise below, statutory provisions supplement these terms.
The written sales contract, along with these delivery and payment terms, governs the legal relations between the buyer and us. Written approval is necessary for any changes. Our employees, except for executive members and authorized signatories, are not authorized to make binding verbal statements. Agreement via email suffices according to telecommunications laws.
For long-term supply contracts, prices quoted may vary. The list prices valid at the time of delivery constitute agreed prices.
Our prices are exclusive of VAT, which is shown separately on invoices. The delivery note serves as the legally binding basis for invoicing.
Delivery Reservation / Stock Room Access
We reserve the right to decline orders or make partial deliveries at our discretion.
Buyers must receive goods within 7 days of the promised delivery date. For shipments organized by the customer, a free period of 15 days is allowed, after which a fee of 5 euro/pallet per day will be charged. Goods not received within 30 days forfeit property rights, and the buyer relinquishes any claims.
If the buyer’s terms conflict with ours, they do not form part of the contract, even if the buyer confirms the order on their terms.
Right for Retention / Right to Set-Off / Processing Fees
The buyer’s right to set-off and retention is void unless recognized by us or determined by legal decision.
Processing fees for goods and invoice movements are not reimbursed.
Shipment
All shipping costs are the responsibility of the buyer as shipments originate from our warehouse in KSA.
Deliveries are made only to the actual buyer, not to third parties.
If goods are not delivered by our vehicles, the shipping risk lies with the buyer. Our warehouse serves as the place of performance.
Goods will be delivered at our discretion and, where possible, on exchange pallets measuring 1,200 x 800 mm. We reserve the right to use pallets of other dimensions. These pallets must be promptly exchanged in the same quality. If immediate exchange is not feasible, no additional costs will be incurred. However, if pallets are not exchanged within 7 days, a pallet price of 80 SAR/piece will be charged to the buyer.
Upon arrival at the destination port, the buyer bears responsibility for port costs and storage charges if goods are not promptly received. If the buyer opts to leave goods at the destination port, all associated costs and responsibilities, including demurrage, storage, destination fees, and disposal fees, falls on the buyer.
The seller is not liable for manufacturer-initiated product changes, and the buyer cannot cancel the order if informed of such changes before the sale.
Payments
In case of buyer default, we reserve the right to charge interest at the commercial interest rate.
Upon receiving an order request, the buyer must make a prepayment. In the event of order cancellation, we retain this prepayment and reserve the right to recover all resulting losses and damages from the buyer.
The remaining payment for prepaid and direct sales must be settled 14 days before the promised delivery date. Failure to do so will result in order cancellation, forfeiture of the prepayment, and additional damages borne by the buyer.
Prepaid sales funds cannot be used for other transactions.
Buyer-incurred damages are charged to the buyer for all orders.
Liability
The manufacturer holds full liability for damages resulting from guaranteed properties. This extends to damages caused by injury to life, body, or health. Claims for damages are excluded regardless of the nature of the breach of duty, including tort, unless intentional or grossly negligent action is proven
In cases of breach of essential contractual obligations, the Supplier shall be liable for negligence, limited to foreseeable damages. We reserve the right to claim lost profits, saved expenses, third-party claims for damages, as well as other indirect and consequential damages, unless a guaranteed quality feature by the supplier expressly excludes such damages.
The Customer shall indemnify the Supplier from any liability to third parties arising from services and/or deliveries provided by the Supplier on behalf of the Customer.
Any exclusions or limitations of liability for the Supplier extend to its employees, representatives, and agents.
In the event of shipments organized by us, the customer must provide written notice of cancellation or postponement of the shipment at least 10 working days in advance. We reserve the right to claim all incurred damages. Shipping costs resulting from lack of notification shall be borne by the customer.
Reservation of Ownership
The goods delivered remain our property until all payment obligations arising from the buyer’s business relationship with us are fulfilled. In the event of a valid invoice, the reserved goods serve as security for our balance claim. The seller retains the right to resell the reserved goods in the ordinary course of business.
Jurisdiction and Severability
Jurisdiction for any disputes arising from these terms and conditions shall be exclusively in Dammam, KSA.
The invalidity or ineffectiveness of any provision within these terms and conditions shall not affect the validity or enforceability of the remaining provisions. In such cases, the parties agree to replace the invalid or ineffective provision with one that most closely aligns with their intentions and achieves the economic purpose of the contract in a legally permissible manner.
