Terms and Conditions of Sale
Modern Eastern Services Co. , Saudi Arabia
Modern Eastern Trading FZC, UAE
Terms & Conditions of Sales
In these Terms: “Company” means Modern Eastern Services Trading and Contracting Co. with CR No. 2050056962 registered company as per the laws of the Kingdom of Saudi Arabia if the sale is processed on www.ksa.modern-eastern.com and Modern Eastern Trading FZC with Trade License # 14514 a registered company as per the laws of the United Arab Emirates if the sale is processed on www.uae.modern-eastern.com.
“Customer” means the purchaser of goods from the Company.
“Goods” means all goods sold and/or delivered by the company to the customer.
“Terms” means these terms and conditions of sale.
These terms apply to all contracts for the sale of goods by the company.
No amendment, alteration, waiver or cancellation of any of these terms is binding on the company unless confirmed by the Company in writing.
The Customer acknowledges that no employee or agent of the company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these termss.
Prices are determined at the time of order and, prior to payment of the invoice, are subject to change without notice.
Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
Delivery and Customer Self Pick Up
In case of customer self pickup :
The Customer must, within five days of being notified of their availability, collect or accept delivery of the Goods. If the customer fails to collect the Goods or accept delivery within 14 days of being notified or their availability, the Company may terminate this contract, keep the deposit and resell the Goods. In addition, the Company reserves the right to change the customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of 100 SR / 100 AED per CBM per week or part thereof.
Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
Risk and Insurance
The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
Customer must arrange inspection at his own expense; if there is any needed inspection before delivery of Goods. No claim will be accepted after delivery of the Goods.
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
If any statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) Replacement or repair of the Goods or the supply of equivalent Goods; or
(b) Payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage.
All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
On discovery of any defect in the Goods, the customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
The provisions of any act or law implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negative and excluded to the full extent permitted by law.
The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relations to the suitability for any purpose of the Goods.
Display and Sample
Any display product or sample inspected by the customer is solely for the Customer’s convenience and does not constitute a sale by sample.
The terms of the Contract are wholly contained in these terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport break down, fire, flood, earth quake, acts of God, strikes, lock-out, work stoppages, wars, riots or civil commotion, interventions or public authority, explosion or accident).
Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
Contrary Diversion of Destination
Customer agrees that in case of any diversion in destination country where Goods will be used, will notify Company. Any sort of business cooperation with countries banned for business by the Kingdom of Saudi Arabia / United Arab Emirates will not be tolerated where Company has right to return the Goods. Customer will be liable for such cases against any local or international judiciaries.
These terms and the Contract if the sale is deemed to have happened in Saudi Arabia shall be governed by the law of the Kingdom of Saudi Arabia with respect of any dispute arising and any arbitration will be made at the courts of arbitration at Dammam, Saudi Arabia.
These terms and the Contract if the sale is deemed to have happened in United Arab Emiratess shall be governed by the law of the United Arab Emirates with respect of any dispute arising and any arbitration will be made at the courts of arbitration at Ajman, United Arab Emirates.