TERMS AND CONDITIONS.
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A) DEFINITIONS
1. Except where otherwise specified in a context or elsewhere within these Terms and Conditions the following words shall be construed as indicated hereunder:
- Customer: Means the Purchaser of any Product or Service from ELECTRONIL.
- Product: Means any item Supplied by ELECTRONIL to the Customer, can include but is not limited to, Parts and Machines.
- Part: Means any Spare Parts provided by ELECTRONIL.
- Service: Means any Works carried out by ELECTRONIL at the request of the Customer including the supply of any Part used by ELECTRONIL in carrying out the request of the Customer.
- Machine: Means any Equipment ELECTRONIL Agrees to undertake Service on.
2. The headings in this agreement are for convenience only and shall not affect its interpretation.
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B) QUOTATIONS
1. ELECTRONIL Will endeavor to hold the Terms of any Quotation given by for a period of 15 days or for such other period as is specified in writing but without obligation or liability.
2. Any Quotation for Service shall not be binding; if, on further examination of the Machine, ELECTRONIL Deems that work is necessary which is different or additional to that specified in the Quotation, ELECTRONIL Shall have the right to carry out such work and charge the cost thereof to the Customer subject to the provision that ELECTRONIL Will not undertake such different or additional work if the cost is estimated to exceed 20% of the Quotation value without first obtaining the Customer's written consent. Where additional work is required to overcome a safety hazard the work will be carried out without reference to the Customer.
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C) PRICES
1. All prices are subject to change without notice.
2. Prices has been calculated based on the exchange rate of the foreign currencies against the Egyptian pound declared by the Egyptian banks in the date of issuing the offer. If the rate changes significantly between purchase order date and invoice date, ELECTRONIL Reserve the right to adjust the price to reflect the prevailing rate at the invoicing time.
3. Discounts are calculated on the unit price and the discount percentage is only an indicative, the discount value presented should be used as the true discount value.
4. Lead time is estimated at the time of Quotation but may be subject to change at the time of order, for accurate lead times, please contact ELECTRONIL Sales Team.
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D) PAYMENTS
1. Unless otherwise agreed by ELECTRONIL in writing, the Terms of payment shall be cash against delivery and/or invoice for any Product or Service. No Discounts or allowances will be made unless specifically agreed by ELECTRONIL in writing.
2. The Terms of payment for Service works shall be a deposit of 75% of the estimated cost for the work with the balance payable against invoice unless specifically arranged otherwise and confirmed in writing by ELECTRONIL.
3. In the event of the Customer failing to effect Payment for the Product and/or Service by the due date, ELECTRONIL Shall be entitled without prejudice to any other rights:
- To Repossess the Product, and for the purpose thereof ELECTRONIL Shall be entitled to enter any premises where the Product is stored or where it is reasonably thought to be stored.
- To Hold the Product for a period of 45 days and then have the right to sell it to recover any Outstanding Payments due that will include storage charges, charges incurred in Selling the Product.
- To Seize the Machine and hold it until all Outstanding charges for the Service have been made including any Storage Charges and Interest Due.
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E) DELIVERY
1. Any Time or Date given by ELECTRONIL in respect of dispatch Delivery shall be deemed an estimate only, and ELECTRONIL Shall not be liable for the consequences of any Delays.
2. Unless otherwise Agreed in Writing, the Delivery shall take place at ELECTRONIL's Warehouses and/or at a premises specified by ELECTRONIL.
3. No responsibility will be taken for any Discrepancy in the Quality or Quantity of the Product Supplied unless notified to ELECTRONIL at the time of Delivery and followed up in Writing within 7 days.
4. Any Product in respect of which no notification is given as aforesaid shall be deemed to be in all respects delivered in accordance with the Contract and the Customer shall be obliged to accept and pay it.
5. When Service has been completed on a Machine, ELECTRONIL Will give notice to the Customer in Writing sent to the Customer address that the Products are ready for collection against cleared Payment of all Outstanding Costs invoiced for the Service. Any notice sent to the Customer by Post will be deemed to have been Received by the Customer 14 days after Posting by registered post and upon proof of posting by ELECTRONIL Notice to the Customer shall be deemed to have been duly given.
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F) RETURNS
1. ELECTRONIL Will not Accept any Product for Return unless it was Purchased from ELECTRONIL.
2. ELECTRONIL Will decide if a Part will be Accepted for Return to ELECTRONIL and ELECTRONIL's Decision will be final.
3. Any Part that is Accepted by ELECTRONIL for Return will be subject to 20% re-stocking charge on the Invoice price paid.
4. Any Credit given by ELECTRONIL for a Part that has been Returned will be given in the form of a Credit Note to be used to offset any existing Outstanding Invoices owed to ELECTRONIL by the Customer or to be used against future Purchases from ELECTRONIL by the Customer.
5. A Product other than a Part is not normally Returnable unless under special arrangement with ELECTRONIL When a 10% handling charge will be levied.
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G) RETENTION OF RIGHTS
1. Unless otherwise specified by ELECTRONIL, the risk shall pass on Delivery of the Product to the Customer, or his Carrier, or to such Delivery address as specified by the Customer, whichever occurs sooner.
2. The Product shall remain the sole and absolute property of ELECTRONIL, as legal and equitable owner, until the full Contract price has been paid, and the Customer acknowledges that he is in possession of the Product solely as bailee for ELECTRONIL, until such time as the full Contract price has been paid, or when ELECTRONIL's Responsibility ceases under clause G1.
3. If, by reason of instructions, or lack of instructions from the Customer, or any other acts or omissions by the Customer dispatch in accordance with the Contract is delayed, the risk of loss or damage to the Product shall pass to the Customer, and the Customer shall be liable to Pay all charges, including but not limited to Storage Charges which arise as a result of the delay.
4. ELECTRONIL Accepts no Liability or Responsibility for loss or damage to any Product stored, carried, driven or handled in any way by ELECTRONIL, or ELECTRONIL's Staff on behalf of a Customer howsoever caused, this includes but is not limited to a Machine brought to ELECTRONIL for Service.
5. ELECTRONIL Shall not be obliged to take any special precautions to store a Machine under cover or protection from the weather and shall not be liable for any claim arising out of any deterioration whether such alleged deterioration occurs before or after any Service may be affected.
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H) SPECIFICATIONS
1. All Technical Specifications, Drawings, Catalogues, Illustrations and Weights, Volumes and Dimensions submitted with a Quotation are approximate only and none of these shall form Part of the Contract Terms. And in any event, figures for performance of the Product vary according to the nature of the site upon which the Product is being used and circumstances of use.
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I) WARRANTY
1. Any defect identified by the Customer may be inspected by ELECTRONIL at the discretion of ELECTRONIL.
2. The decision of ELECTRONIL Shall be final in judging if a defect is Covered by the Manufacturer's Warranty.
3. ELECTRONIL Offers a Service Warranty on Workmanship for any Service carried out for 30 days from date of Invoice. This warranty is limited to correcting any fault identified as resulting from poor Workmanship.
4. ELECTRONIL Will not be liable for any consequential loss resulting out of any defect, delay or breach howsoever arising.
5. No warranty is given on or implied on any used Product. The Customer should Inspect any used Product prior to purchase and must rely solely on his own assessment of its Condition, Quality, Fitness for Purpose and Compliance with Statutory Requirements.
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J) FORCE MAJEURE
1. ELECTRONIL Shall not be liable for any failure to supply any Product or Service, where such' failure arises by reasons of Riot, Civil Commotion, Terrorism, Nuclear Disasters, Wars whether Declared or Not, Accident, Shortened Hours of Labor, Strikes, Lock-Outs, Mechanical Breakdown, Failures by Third Parties to Supply Raw Materials, Storm, Flood, Fire, or any other Circumstance whether of the kind above mentioned or not beyond the control of ELECTRONIL.
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K) APPLICATION OF CONDITIONS
1. Placement of an order for Acceptance of, or Payment for the Product or Service by the Customer or any other act or conduct of the Customer shall constitute unqualified Acceptance by the Customer of the ELECTRONIL Terms and Conditions of Sales.
2. No purported variation or waiver of these Terms and Conditions of Sales shall be of any effect unless in Writing and signed by ELECTRONIL Director.
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L) GOVERNING LAW
1. Any Contract for supply of any Product and/or Service shall be construed according to the laws of Egypt.
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M) FINAL CLAUSE
1. These Terms and Conditions replace and prevail on any previous agreement between ELECTRONIL and the Customer.
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