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Home / Terms and Conditions |
- Almasa IT Distribution shall mean Almasa IT Distribution LLC and/or Almasa IT Distribution FZCO.
- Recommended Retail Prices shown are indicative only and there is no requirement to comply.
- Except where it is specifically expressed, all prices quoted or that have appeared in our price
list are exclusive of any tax, import duty or other levies. Almasa IT Distribution reserves the right
at any time between the time of quotation and/or order and the date of delivery of the goods or
provision of services to make any reasonable adjustment to prices. All prices in the price list are
subject to change without notice and without recourse to Almasa IT Distribution. All prices are quoted
in US Dollar or United Arab Emirate Dirham and are based on ex-factory availability from Jebel Ali Free Zone,
Dubai, UAE.
- Delivery dates and times quoted for delivery of goods, or the provision of services, are estimates only and
Almasa IT Distribution shall not be liable for any loss or damage howsoever arising as a result or consequence
of any failure to deliver or delay in delivery of any goods or services arising from any circumstances of
whatsoever nature which are outside Almasa IT Distribution’s control. Customer shall not be relieved of any
obligation to accept or pay for goods or services by reason of any delay in delivery, dispatch or performance.
Almasa IT Distribution reserves the right to deliver by way of partial shipments and each partial shipment shall
be deemed to be sold under a separate sales contract. Failure to deliver any shipment shall not entitle the customer
to rescind or repudiate the sales contract. No cancellation of sales contract is allowed if goods or services have
been delivered.
- Delivery charges are at the customer’s expense. Customers are requested to arrange their own transportation for
the picking up of orders. In the event that Almasa IT Distribution has to organize transportation and delivery, a
standard freight charge will apply. Any transit insurance is the customer’s responsibility. Almasa IT Distribution will
not be responsible for any damages or loss whatsoever during transit once goods are dispatched out of our facility.
- An official order, in writing on company letterhead, or equivalent, must be issued to Almasa IT Distribution before any
delivery can be effected. Orders must clearly state: Order Number, Name and Signature of Purchasing Officer, Product code(s),
Configuration(s) Required, Unit Pricing and Total Order Value, Delivery Address, Delivery Date/Schedule required,
Invoice Address, Special Requirements/Conditions etc.
- Verbal orders over the telephone can only be processed if the following conditions are met:
7.1 The purchase order is received upon delivery of goods and services
7.2 Any dispute on pricing, condition of goods, etc. must be addressed within 24 hours of receiving of goods and services; otherwise,
the invoice of the transaction will serve as a contractual sales and purchase agreement between Almasa IT Distribution and the customer.
- All goods sold, services provided and fees charged by Almasa IT Distribution exclude any form of sales tax.
- Payment terms are normally cash with order, or cleared funds before delivery unless a credit account with Almasa IT Distribution is
in place prior to dispatch. Customers paying cash require Almasa IT Distribution’s official receipt as proof of payment. A receipt will
only be issued for cheque payment upon request.
- Company cheques will only be accepted after a credit application form is properly completed and approved by Almasa IT Distribution.
At the sole discretion of Almasa IT Distribution, a credit account may be granted to a customer who has an acceptable track record of
trading with Almasa IT Distribution. Customers with credit account should always maintain their account with Almasa IT Distribution
within credit limit and payment terms. If the account exceeds the credit limit and or is not paid according to payment terms, or in
the event of the customer entering into any arrangement with its creditors, going into receivership or liquidation, Almasa IT Distribution
reserves the right to cancel the credit account without prior notice and all balances owing will become due. Payment and any future
transactions will return to cash with order or cleared funds before delivery basis.
- In the event of any default in payment to Almasa IT Distribution the customer shall pay to Almasa IT Distribution its costs of and
incidental to the recovery of such sums as may be due including all mercantile and like fees and legal fees and charges on a solicitor/own
client full indemnity basis and any filing fees, stamp duty, taxes or any other fees payable, assessed or incurred in relation to such recovery process.
- Only Master and Visa cards are accepted and a 1.6% surcharge will apply if payment is made by credit card. There will be a US$50.00 charge for all
returned cheques. No shipment will be made until the Almasa IT Distribution Credit Department has approved the order prior to the time of shipment.
All new customers are required to transact on a Cash Before Dispatch (C.B.D.) basis for at least three to six months before Almasa IT Distribution will
consider granting a credit account. Almasa IT Distribution will request for clear fund payment from C.B.D accounts before delivery unless a credit application is completed.
- In the event of the customer failing to pay any outstanding account owing by the customer to Almasa IT Distribution or the customer entering into any scheme
of arrangement with its creditors or going into receivership or liquidation, Almasa IT Distribution shall be entitled to a general lien on all property or goods
belonging to the customer in Almasa IT Distribution’s possession for any outstanding amount owing by the customer to Almasa IT Distribution, in case contra accounts
exist, Almasa IT Distribution has the right to offset the amounts outstanding in all accounts and the net balance will become due and payable immediately.
- Until Almasa IT Distribution has been paid in full for all goods supplied to the customer under any contract whatsoever between the customer and Almasa IT Distribution:
14.1 The goods shall remain as property of Almasa IT Distribution.
14.2 Should the goods or any of them be affixed or added to any other items, such attachment shall be effected by the customer solely as an agent for Almasa IT Distribution and
Almasa IT Distribution shall have full legal and beneficial title to the whole of the new product thereby created.
14.3 The customer shall store the goods and any new products as referred to in 14.2 separately and in such a way that they can be readily identified as being the property of
Almasa IT Distribution.
14.4 Subject to 14.5 and 14.6, the customer shall be at liberty to sell the goods and the new products in the ordinary course of the business on the basis that the customer
shall be under a fiduciary duty to Almasa IT Distribution and to account to Almasa IT Distribution for the proceeds of such sale but may deduct from such proceeds any excess
of such proceeds of the total amount due from the customer to Almasa IT Distribution under any contract whatsoever, provided that the customer shall have no authority to enter
into any contract of sale on behalf of Almasa IT Distribution. Any contract or sale shall be accordingly concluded in the name of the customer.
14.5 Almasa IT Distribution may at any time revoke the customer’s power of sale by notice to the customer if the customer is in default in payment of any sum whatsoever due to
Almasa IT Distribution in respect of any goods or services supplied to the customer by Almasa IT Distribution or any other sums whatsoever or if any bill of exchange, cheque
or any other negotiable instrument drawn or accepted by the customer in favour of Almasa IT Distribution is dishonoured on presentation for payment or if Almasa IT Distribution
has bona fide doubts as to the solvency of the customer.
14.6 The customer’s power of sale shall automatically cease in the event of the appointment of a Receiver, Receiver and Manager, Administrator or Controller over any, or all of the
assets or undertaking of the customer or upon the commencement of a winding up application, the appointment of a Liquidator or if the customer call a meeting of, or makes any
arrangement or composition with creditors or commits any act of bankruptcy.
14.7 Upon determination of the customer’s power of sale under 14.5 or 14.6 the customer shall place the goods and the new product referred to in 14.2 at the disposal of Almasa
IT Distribution which shall be entitled to enter upon any premises of the customer for the purpose of repossessing such goods and new products from the premises.
14.8 Terms thereafter will be on a strictly cash basis only. Sales will be made subject to Almasa IT Distribution’s standard Conditions of Sales. In consideration of Almasa
IT Distribution granting us credit facilities it is irrevocably agreed as it follows:
14.8.1 All goods obtained from Almasa IT Distribution shall be at our risk immediately upon delivery from the agreed delivery point.
14.8.2 Not withstanding that the risk in any such goods had passed to us, title and property in all goods shall remain with Almasa IT Distribution until such times as full
payment is made to Almasa IT Distribution for all amounts owing by us in such a way so that our total indebtedness to Almasa IT Distribution under their terms and
conditions of sales is discharged.
14.8.3 It is acknowledged that the above two points (14.8.1 and 14.8.2) have been read and fully understand the terms and accept them without reservation.
- Failure by Almasa IT Distribution to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights Almasa
IT Distribution may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.
- All Almasa IT Distribution supplied products are covered, as standard, by the respective manufacturers’ warranty on a Return to Base (RTB) basis to Almasa IT
Distribution or nominated Almasa IT Distribution Authorized Service Centres.
16.1 All goods that are to be returned to Almasa IT Distribution must be approved prior to shipping and allocated a reference number. Credit value will be at current
selling price at time of return less a re-stocking fee of a 15%. The re-stocking fee will apply to all goods returned for credit.
16.2 Almasa IT Distribution warrants that it has good title to or license to supply all products to the customer.
16.3 If any part of the hardware products should prove defective in materials or workmanship under normal operation of service, such products will be repaired or
replaced only in accordance with any warranty cover and terms provided by the manufacturer of the products provided that no unauthorized modifications to the
product or to the system of which the product forms part have taken place. Almasa IT Distribution is not responsible for the cost of labour or other expenses
incurred in repairing or replacing defective or non-conforming parts.
16.4 All software products supplied are supplied “as is” and the sole obligation of Almasa IT Distribution with regard to the supply of software products is to
use all reasonable endeavours to obtain and supply a corrected version from the manufacturer concerned in the event that any such software products should fail
to conform to its product description provided always that the customer notifies Almasa IT Distribution of any such non-conformity within 90 days of the date
of delivery of the applicable software product.
16.5 If the products are rejected by the customer as not being in accordance with the customer’s order pursuant to clause 16.3 or 16.4, Almasa IT Distribution
will only accept the return of such products provided that it receives written notification thereof giving detailed reasons for rejection. Almasa IT Distribution
will not consider any claim for compensation, indemnity or refund until liability, if any, has been established or agreed with the manufacturer and where applicable
the insurance company. Under no circumstances shall the value of products be deducted or set off by the customer until Almasa IT Distribution has passed a corresponding credit note.
16.6 Almasa IT Distribution warrants that services shall be performed with reasonable skill and care and in a good and workmanlike manner.
16.7 Except as specifically set out in this clause 16, Almasa IT Distribution disclaims and excludes all other warranties, whether express or implied by statute or
otherwise, including but not limited to the warranties of description, design, merchantability and fitness for a particular purpose, or arising from any previous
course of dealing, custom or trade practice.
- Save as expressly provided for in other contracts, Almasa IT Distribution shall not be liable to the customer or the customer’s servants, agents, customers or
representatives for any direct, indirect, incidental or consequential loss or damages of any nature howsoever caused (whether based on tort or contract or otherwise)
including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation, direct or indirect labour costs and overhead expenses
and damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attribute to the performance of the sales contract and in
no event shall any claim be recognised unless the claim is in writing and received by Almasa IT Distribution within fourteen (14) days of the date of delivery. In any event,
the liability of Almasa IT Distribution under any sales contract is limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods.
- These terms and conditions are deemed to be incorporated into all quotations and sales contracts (express or implied) for the supply of goods and services to the
customer and supersede all terms and conditions previously issued by Almasa IT Distribution. No sales contract for the supply of goods or provision of services shall
exist between Almasa IT Distribution and the customer except upon these terms and conditions unless their exclusion or modification is agreed to in writing by Almasa
IT Distribution. Any order placed by customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in customer’s order.
Each order by customer is subject to acceptance or rejection by Almasa IT Distribution and is not binding on Almasa IT Distribution prior to Almasa IT Distribution’s
acceptance of it. Almasa IT Distribution may refuse to proceed with any sales contract at any time if customer’s credit is or becomes unsatisfactory to Almasa IT Distribution.
- We request that Almasa IT Distribution supply us with goods and/or services for which we undertake to pay Almasa IT Distribution that agreed price(s) within the terms agreed,
or if no such terms have been agreed, it will be cleared funds before delivery. Upon approval of this credit application form, Almasa IT Distribution will accept a company cheque
at time of delivery. Almasa IT Distribution reserves the right to grant a credit account. A credit account will only be provided to customers who have traded with Almasa IT
Distribution for a certain period of time with a satisfactory history. Details of the credit will be notified separately. All overdue amounts are subject to an administrative
charge of 2% per month, calculated on an overdue balance on a daily basis.
- Any contracts entered into between Almasa IT Distribution and customer shall be subject to jurisdiction of the courts of Dubai in the United Arab Emirates.
- We agree that Almasa IT Distribution may give permission to seek from any credit providers and/or any credit reporting agencies whether or not named in the credit
application about our credit arrangements.
- We understand that this information can include any information about credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed
to give or receive from each other under the Privacy Act.
- We understand the information may be used for the following purposes:
23.1 To access an application by us for credit
23.2 To notify other credit providers of our credit history including a default by us
23.3 To exchange information with other credit providers as the status of this credit
23.4 To access our credit worthiness from time to time
- Amongst other privileges, as an Almasa IT Distribution Reseller, you will receive periodical publications such as Almasa IT Distribution
Price Catalogue, Almasa IT Distribution Reseller Bulletin, Almasa IT Distribution newsletters, informational emails, etc. Information may either
be sent to you via post or by electronic means including email and facsimile. You must notify Almasa IT Distribution if you choose not to
receive any of these items.
- Almasa IT Distribution reserves the right to change the terms and conditions without prior notice.
- Credit limits are subject to review from time to time and at the discretion of management.
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