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(a) The supplier (hereinafter referred to as "The Company") submits all quotations and price lists and accept all orders subject to the following conditions of contract which shall apply to all contracts for goods supplied or work done by the Company or its servants, distributors or sub contractors to the exclusion of all other representations, conditions and warranties, statutory or otherwise expressed or implied. (b) Each order received and accepted by the Company will be deemed to form a Contract to which these conditions of sale shall apply.
(a) Quotations are valid for the period stated in the quotation document or thirty (30) days as a minimum period, and represent no obligation until the Company accepts the purchasers order. (b) While the Company will endeavour to maintain the quoted prices, the right is reserved to vary them according to the prices effective at the time the goods are delivered. (c) The prices stated are for delivery FCA ISTANBUL FREE ZONE – Incoterms 2010, and only include packing to the Company's normal standards. Carriage and packing for overseas orders will be quoted separately. (d) The Company reserves the right to deliver in more than one consignment and invoice for each consignment.
All delivery dates are quoted in good faith but time shall not be deemed to be of the essence. The Company shall not be liable for any loss or damage (whether direct or consequential) whatsoever arising from late delivery of goods or materials and the Purchaser shall not be entitled to treat the Contract as repudiated by reasons of any such late delivery.
Ownership of the goods shall remain with the Company until such time as the Purchase is paid in full and the Purchaser has paid any outstanding amounts to the Company for any other goods or services which are the subject of other contracts, deliveries or instalments. Until that time the Purchaser shall keep the goods for the Company in its capacity as fiduciary owner although the Purchaser shall be entitled to sell the goods to a third party within the normal course of its business, but the Purchaser shall account to the Company for the proceeds of such a sale and, if the Company so requires that it shall hand over to the Company any claims emanating from the sub-sale that it has against its buyer. The purchasers right to keep the goods shall cease if it commits any available act of bankruptcy or does anything or fails to do anything which would entitle a receiver to take possession or which would entitle any person to present a petition for winding-up. The purchaser agrees that the Company may for the premise of the recovery of its goods enter the Purchaser's premises and repossess them. The Purchaser shall also be entitled to incorporate the goods into any other product in the normal course of business on condition thatthe ownership in the new product shall vest in the Company.
All invoices are due for payment on demand but in any case not later than thirty days after delivery. For all invoices not paid in full by the due date the Company reserves the right to charge interest on the amount outstanding at the rate of two percent per month or part of a month calculated from thirty days after delivery. For the purposes of calculating this interest delivery will be construed as having taken place on the day that the goods were inspected by the Buyer or his agent. In the absence of inspection delivery be construed as having taken place on the day the commercial invoice is raised signifying that the goods are ready for despatch. All prices are strictly net. An irrevocable Letter of Credit for all export orders must be issued and confirmed by the Bank domiciled in the country of origination of quotation unless otherwise agreed in writing.
6.1 All goods sold by the Company are warranted to be free from defect in workmanship and material for the period of twenty-four (24) months from the date of delivery (unless stated otherwise and confirmed in writings) PROVIDED: (a) The Company is given full particulars in writing of any claim prior to the expiration of such a period and within fourteen days of the discovery of the alleged defect. (b) The goods have been stored, installed, maintained and used properly in accordance with the Company's manuals, instructions and specifications. (c) Liability shall be limited at the Company's options to replacement or repair or to a sum not exceeding the net invoice value of the defective goods. (d) Upon request the alleged faulty goods are returned to the Company at the Buyer's expense.
6.2 (a) Unless expressly stipulated in the acceptance of the order the Company gives no warranty or guarantee of the fitness or suitability of the goods for any purpose whether disclosed or otherwise. (b) All other warranties or conditions expressed or implied are hereby excluded and the Company shall in no circumstances be liable for consequential damages.
INSPECTION AND ACCEPTANCE
If the buyer desires to inspect the goods such inspection must be made at the Company's works and notification of this requirement must be given at the time of placing the order. If upon inspection the goods are approved by or on behalf of the Buyer, such approval shall constitute final acceptance. If no inspection is made the Buyer shall be deemed to have accepted the goods as in clause 5 above. The company will give the Buyer or his agent not less than seven days notice of the goods being ready for inspection. In the event that the Buyer or his agent do not attend the Company's premises for the inspection and factory tests, then those tests will proceed in the Buyer's absence upon the date originally notified and the goods shall be deemed to be accepted upon inspection and testing satisfactory to the Company. The Company reserves the right to levy charges as the Company sees fit for inspection and testing outside of this clause.
SHORTAGE OR DAMAGE
Claims for shortage or damage must be made within fourteen (14) days from receipt of goods by the Buyer.
ORDER AMENDMENT OR CANCELLATION
Orders accepted by the Company cannot be modified or cancelled except with the Company's written consent and upon terms which will indemnify the Company against all losses.
The Company shall make every effort to ensure the accuracy of technical data or literature relating to the goods, but the Company accepts no liability for any damage or injury arising directly or indirectly from any error or omission in such technical data or literature not being caused by the gross neglect of the Company.
The copyright in all the Company's documents (including drawings) furnished to the Buyer for the purposes of this contract shall at all times remain vested in the Company and neither they nor their contents shall be used without the Company's express consent for any purpose other than that for which they were furnished.
Except where otherwise stipulated in writing the relations arrangements and agreements between the parties shall be governed by the LAWS OF the Country of Origination of the Quotation and all disputes which may arise under, out of, or in connection with or relating to a CONTRACT shall be submitted to arbitration of the COURT OF THAT COUNTRY in accordance with its RULES for the time being in force. Service of any notices in the course of such arbitration to the addresses of the parties given in the CONTRACT shall be valid and sufficient.
For products to be effective in line with the design parameters laid down, it is important that they are handled, stowed and maintained in compliance with the manufacturer’s instructions.POLARCOM AS cannot cannot be held responsible for any damage caused due to incorrect use of the equipment or breach of laid down procedures, or for failure of any specific component or other part of the equipment.