Terms and Conditions
SALES ORDER TERMS AND CONDITION
These terms and conditions (“Agreement”) govern the sale of PRODUCTS (defined hereinafter) by the SELLER (defined hereinafter). Buyer’s acceptance of the Products from the Seller or Buyer’s payment for the Products or Buyer’s signing this Agreement (whichever is earlier) shall be deemed to constitute acceptance of the terms of this Agreement.
- INFORMATION ABOUT THE SELLER
1.1 We are Tucasa Sanitary Ware Trading LLC-company registered in Dubai-U.A.E., under DED License 1027854.
1.2 Shall we need to contact you, we will do by calling your registered number or by writing to you at your email address provided to us in your order.
The following words and expressions shall have the meaning described as follows:
2.1 Approval of the Order means the instrument in any form and under any title issued by the Seller to the Buyer confirming the Products, their quantity and price which the Seller shall sell to the Buyer.
2.2 Buyer means the person or entity who issues the Purchase Order in whatever form to the Seller.
2.3 Seller means Tucasa Sanitary Ware Trading LLC and all subsidiary company that may exists from time to time.
2.4 Purchase Order means the order of products issues by Buyer to the Seller by writing (including messages and emails via social media platforms.
2.5 Products means the items (including whatever that may exists from time to time) which the Seller is selling to Buyer.
3.1 The Buyer acknowledges that the Products displayed in our showroom may vary from the pictures in our catalogues and websites and lightings and positioning of products to Buyer’s premises and shall variations not to be construed as binding contract between the Parties.
- DELIVERY AND STORAGE
4.1 Delivery as mentioned in the shipment method will only commence when funds are received and cleared in our company bank account. The estimate delivery date will be provided and performed otherwise stated by the Buyer. This will exclude holiday, Saturdays and Sundays and shall be placed the next working day that follows.
4.2 The Products will be delivered Ex-works to the Seller’s address named in the Purchase Order otherwise instructed.
4.3 The delivery will be considered complete once received by the Buyer. Buyer is responsible of for offloading big and heavy products. Identification may be required to complete the delivery.
4.4 If the delivery of the product/s is delayed due to events outside of the Seller’s hand, Seller will notify the Buyer. If the delivery is delayed or prevented by the Buyer or its representative due to an act or omission of the Buyer, or fails to provide adequate shipping instructions, or failure to collect the product from the Seller within the 7 calendar days, Seller shall be entitled to dispose or resell the Products in a manner the Seller deems appropriate, without being liable to refund the price already paid by the Buyer.
4.5 The Seller reserve the right to charge a storage fee of AED400Dhs/month for the goods held in the Seller’s warehouse for a period of one (1) month. This will commence on or after 30 days from date of Sales Order Confirmation or 30 days from the number of days/weeks given in the shipment method.
4.6 Collection arrangements can be made by the Buyer from Seller’s premises by advance notice and agreement.
5.1 The Buyer shall pay the price of Products set out in the Purchase Order plus VAT. VAT will be added to the order value and invoice and will be payable by the Buyer.
5.2 The Buyer shall pay the price in advance and in the currency set out unless otherwise agreed. Without the prejudice to Seller’s other rights, Seller reserve the right to charge interest on any overdue sums of 3% of the total value of the order during the period of delay
5.3 A 50% advance payment is required for the reservation of material
5.4 A refund can be claimed with three (3) months from the date of credit note issuance.
5.5 Nothing contained herein shall relieve the Buyer from its’ payment obligations for the Products delivered by the Seller. Payments made by the Buyer to incorrect bank accounts shall not relieve the Buyer from its payment obligations towards the Seller.
- CANCELLATION, RETURN, EXCHANGE, REFUND
6.1 The Seller will consider, but not bound to accept, any request for cancellation of an order, and acceptance shall be on such terms as may be agreed by the Seller in writing. The Seller reserve the right to levy an administration charge of 25% of the total sale value and subject to deduction of re-stocking fee.
6.2 The Products can be returned or exchanged in perfect saleable condition, in their original packaging and in unused condition except if approved for failure analysis/warranty evaluation by the Seller’s representative. This shall exclude:
6.2.1 Customized products
6.2.2 Products sold during promotion
6.2.3 Products specially ordered for the Buyer
6.2.4 Products sold for trade or projects
6.3 The Products can be returned or exchanged in perfect saleable condition, in their original packaging and in unused condition within 7 days from the date of delivery of purchased products.
6.4 The Products can be returned or exchanged or refunded considering the above condition. The Seller shall not be liable to the Buyer or third parties appointed by the Buyer for refund on installation or provide installation services for all products including damaged products due to factory defects.
7.1 The Buyer acknowledges that the Seller does not provide any installation services. The Seller shall not be liable for damages resulting from faulty installation or any damages caused to the sanitary/bathroom products during installation.
7.2 The Buyer shall be responsible for insurance of the Products after risk has so passed to it that include installation charges of replacement products due to factory defects.
8.1 The Seller warrants that the Products will be free from defects in material and conform in all material respects to their applicable specifications for a period of one (5) years from the date of delivery (“Warranty Period”), when operated under normal conditions and in accordance with their applicable specifications. For any breach of this warranty, Seller will, at its option and expense and as its sole obligation, and as Buyer’s exclusive remedy, repair or replace any defective Product returned to Seller during the Warranty Period, provided that an examination by Seller discloses to Seller’s reasonable satisfaction that a defect is covered by this warranty.
This warranty does not apply to any Products that have been
(i) subject to misuse, neglect, or abuse
(ii) improperly installed or maintained, or
(iii) repaired or altered by anyone other than Seller
- LIMITATION OF LIABILITY
9.1 In no event shall Seller be liable to Buyer or any third party for consequential, indirect, punitive, special, or incidental damages (including but not limited to loss of profits) arising from or relating to the sale, delivery or use of the Products. Seller’s total cumulative liability under this Agreement to Buyer or any third party (including indemnity obligations), whether in contract or tort or otherwise, will not exceed the amount paid by Buyer to Seller for the Product sold hereunder giving rise to such liability.
- COMPLIANCE WITH LAWS
10.1 From the date of delivery, Buyer shall be solely responsible for complying with all applicable laws, rules, regulations and orders of any authority that may be prevailing in any country in relation the Products.
- GOVERNING LAW AND JURISDICTION
11.1 This Agreement shall be governed by the Laws of Dubai, U.A.E. and the courts in Dubai U.A.E. shall have exclusive jurisdiction.
- TITLE AND RISK
12.1 Title and Risk of loss of or damage to the Products shall pass to Buyer upon delivery of Products to the Buyer. Buyer shall be responsible for insurance of the Products after risk has so passed to it.
13.1 Acceptance of these Sales Terms & Conditions, and Warranty shall constitute the entire Agreement between Seller and Buyer with regard to the Order of Product.
13.2 Buyer shall not be entitled to assign its rights or obligations hereunder without the prior written consent of Seller.
13.3 All notices and claims in connection with this Agreement must be in writing.
13.4 if any clause, sub-clause or other provision of this Agreement is invalid under rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Agreement.