GENERAL TERMS AND CONDITIONS OF SALE
- Definitions
In these conditions: -
“Buyer” means the person or company from whom the order is received;
“Company” means Syxcom Technologies FZE;
“Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company;
“Goods” means the articles which the buyer agrees to buy from the Company;
“Order” means the order placed by the buyer for the supply of the goods;
“Price” means the price for the goods excluding carriage, packing, insurance and VAT;
1.1 The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions o sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
2. Conditions applicable
The Company’s quotations are not binding on the Company and a contract (“the contract”) will only come into being upon acceptance by the Company of the order. The contract will be subject to these conditions which shall apply to all contracts for the sale of goods by the Company to the buyer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for goods shall be deemed to be an offer by the buyer to purchase goods or obtain services pursuant to these conditions. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company and in particular (but without limitation).
2.1 where the buyer requires the goods for a particular purpose the Company shall be deemed to have no notice of such purpose unless that purpose is agreed by the buyer and Company in writing; and
2.2 the Company and the buyer acknowledge that there is no usage or course of trading in existence which could affect the terms of the contract in any way.
3. Payment and Price:
3.1 Payment of the price and VAT shall be due as per the payment terms specified on the quotation. Time for payment shall be of the essence.
3.2 Our invoices are payable within 07 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, SYXCOM TECHNOLOGIES FZE reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. SYXCOM TECHNOLOGIES FZE will be authorized to suspend any provision of services without prior warning in the event of late payment.
3.3 If a payment is still outstanding more than sixty (30) days after the due payment date, SYXCOM TECHNOLOGIES FZE reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
3.4 Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can SYXCOM TECHNOLOGIES FZE become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to SYXCOM TECHNOLOGIES FZE in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
3.5 The Seller reserves the right, by giving notice to the buyer at any time before delivery, to increase the price of goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (including, without limitations, increases in costs of labour materials or other costs of manufacture) and any changes in delivery dates, quantities or specifications for the goods requested by the buyer.
4. Delivery:
4.1 SYXCOM TECHNOLOGIES FZE undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. SYXCOM TECHNOLOGIES FZE cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
4.2 SYXCOM TECHNOLOGIES FZE are not liable for delays in delivery caused by events outside our control, including but not limited to natural disasters, transportation issues, or other unforeseen circumstances.
4.3 No delay in delivery shall entitle the buyer to repudiate or cancel the contract or any deliveries hereunder.
4.4 In order for it to be admissible, SYXCOM TECHNOLOGIES FZE must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
4.5 If for any reason the buyer is unable to accept delivery of the goods at the time stated for delivery or where no date for delivery has been agreed when the buyer has been notified that the goods are due and ready for delivery the Company shall at its discretion and without prejudice to its rights hereunder if its storage facilities permit, store the goods until their actual delivery and the buyer shall pay to the Company on the actual delivery of the said goods in addition to any sum due under clause 3 hereof such sum as represents the cost (including insurance) and the cost of any abortive deliveries of its so doing.
4.6 The Company may deliver the goods by separate instalments and each separate instalment shall be invoiced and paid for in accordance with the provisions of the contract. The failure of the buyer to pay for any one or more of the said instalments on the due date shall entitle the Company (at its sole option) without notice to suspend further deliveries of the goods pending payment and/or to treat the contract as repudiated by the buyer.
5. Product Information :
5.1 We strive to provide accurate descriptions and pricing of our products. However, we do not guarantee that all product descriptions, pricing, or other content is accurate, complete, reliable, or error-free.
6. Warranty and Limitation of Liability:
6.1 Products may come with a manufacturer’s warranty. Please refer to the product documentation for details.
6.2 To the fullest extent permitted by law, SYXCOM TECHNOLOGIES FZE is not liable for any indirect, incidental, or consequential damages arising from your use of our products or services.
6.3 Except where express warranties are set out in these conditions all warranties, conditions or terms of every kind whether implied by statue or common law or otherwise are hereby excluded to the fullest extent permitted by law provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory right of a buyer dealing as consumer.
6.4 The Company shall not be liable for consequential loss or damage whatsoever whether caused by negligence or otherwise arising out of or in connection with the provision of any goods pursuant to this contract and the total liability of the Company for any loss of the buyer in connection with this contract shall not exceed the price.
6.5 The specifications and designs of the goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Company. Where any designs or specifications have been supplied by the buyer for manufacture by or to the order of the Company then the buyer warrants that the use of those designs or specifications for the manufacture processing, assembly or supply of the goods shall not infringe the rights of any third party.
6.6 The buyer agrees to indemnify the Company against all losses, damages, injury, costs and expenses of whatsoever nature suffered by the Company to the extent that the same are caused by or related to: -
6.6.1 designs, drawings or specifications given to the Company by the buyer in respect of goods produced by the Company for the buyer; or
6.6.2 defective materials or products supplied by the buyer to the Company and incorporated by the Company in goods produced by theCompany for the buyer; or
6.6.3 the improper incorporation, assembly, use, processing, storage or handling of goods by the buyer.
7. Rejection:
7.1 The buyer shall inspect the goods supplied under this contract immediately on the delivery thereof and shall in the case of any allegation of disconformity of the goods with the order within three days from such delivery give notice in writing to the Company of any matter or thing by reason whereof it alleges that the goods are not in accordance with the contract and/or whether it rejects them.
7.2 If the buyer fails to give notice that it rejects the goods as provided in clause 7.1 the buyer shall be deemed to have accepted the goods and the goods shall be deemed to be in all respects in accordance with the contract.
7.3 If the buyer gives notice that it rejects the goods and such rejection afterwards becomes ineffectual by reason of the buyer dealing with the goods as owner or by reason of any other conduct on the part of the buyer inconsistent with such rejection the buyer shall be bound to pay the price in full and shall have no claim for damages or compensation by reason of any disconformity of the goods with the contact.
7.4 If the buyer rejects the goods under clause 7.1 hereof the Company may elect to supply other goods complying with the order to the Company within specified days of the date of the notice of rejection and if those goods are not properly rejected by the buyer the Company shall be deemed to have complied with its obligations under the contract and no claim by the buyer arising out of the buyer’s rejection of the original goods shall lie against the Company.
8. Retention of Title: The goods shall be at the buyer’s risk from delivery.
9. Intellectual Property: All content on our website, including text, graphics, logos, and images, is the property of SYXCOM TECHNOLOGIES FZE and is protected by copyright and trademark laws.
10. Governing Law: All our contractual relations will be governed exclusively by United Arab Emirates law.
11. Changes to Terms: We may update these Terms and Conditions from time to time. Any changes will be posted on this page with an updated effective date. Continued use of the website constitutes acceptance of the revised terms.
12. The Company shall not be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of the Company.