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- 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. The reference number will be valid for 15 days.
- 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.
- Almasa IT Distribution warrants that it has good title to or license to supply all products to the customer.
- 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.
- 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.
- If the products are rejected by the customer as not being in accordance with the customer’s order pursuant to clause 5 or
6, 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.
- Almasa IT Distribution warrants that services shall be performed with reasonable skill and care and in a good and workmanlike manner.
- Except as specifically set out in this clause 2, 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.
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