1. Quotations, Contracts: Our offers are made subject to confirmation. A contract is only formed when we give written confirmation. Amendments, supplements or the cancellation of an agreement or these conditions must be made in writing. Any statement and notifications issued by Purchaser after conclusion of the contract are only effective if they are made in writing.
2. Service of Notice: The Purchaser hereby acknowledges that United Oil Projects is entitled to serve notices on him at either of his addresses through any method, whereby any such notice shall have all legal effects thereof.
3. Indemnity: The client shall not have the right to cancel the order which has been duly executed, if the client cancels the order, he shall promptly pay the Company the value of materials or goods ordered as described in this order in addition to indemnity for damages incurred by the Company due to cancellation of such order.
4. Return of Materials & Other Discrepancies: If there is any return of materials due to mismatch or if there is any discrepancy between the materials stated in the purchase order and those delivered to the client, the client shall specify aspects and nature of such discrepancy within maximum fifteen days from the goods delivery date. In such case, if the Company deems such discrepancy as valid, it shall remove such discrepancy by replacing the disputed quantity with another quantity that is in compliance with the specifications set out in the purchase order. If the said period elapses without any objection received by the Company, it shall be deemed as acknowledgement by the client that the goods delivered to him is in compliance with the goods specifications stated in the purchase order.
5. Failure to take delivery: If the client fails to take delivery of the goods within maximum period of 15 days, it shall be deemed as acknowledgement by the client of the purchase order cancellation, and the Company shall have the right to claim the value thereof.
6. Transportation and Insurance: The cost of transport and Insurance for the ordered goods from the Company’s premises shall be the responsibility of the client.
7. Laws & Jurisdiction: The contract and the legal relationship with the Purchaser shall be governed by Kuwaiti Law. For any dispute in any of the terms of contract, Kuwaiti law shall be the governing law and Kuwaiti courts shall have jurisdiction to settle any such disputes. However, we also retain the option to institute legal proceedings at the Purchaser's place of jurisdiction.
8. Prices: Unless otherwise agreed, our prices do not include insurance, freight any customs duties or other charges.
9. Payment: Unless agreed otherwise, payment to us by Purchaser has to be effected immediately after delivery of the goods.
10. Place of Performance: The place of performance of contract shall be our place of supply or our place of storage.
11. Shipment and Delivery: Unless agreed to otherwise, the goods shall be shipped at Purchaser's risk. Furthermore, we shall specify the manner of shipment, shipment route and carrier. Partial shipments are also possible.
12. Delivery Schedules & Delays: If we fail to comply with agreed delivery schedules for reasons we are reasonably responsible for, the parties shall agree in writing an additional delivery period of reasonable length after mutual discussions. However, the Purchaser cannot claim any damages on account of delay in delivery schedules.
13. Force Majeure: Conditions of Force Majeure shall relieve us from our delivery obligations. If there is a material change in the conditions that exist at the time this contract is entered into, we are entitled to withdraw and terminate this contract. The same rights shall apply with respect to, but not limited to, cases of interruptions in our supplies of raw materials or in cases of industrial disputes, governmental decrees, breakdowns of transport or of our operations or if our suppliers fail for the foregoing reasons to deliver at all, or fail to deliver in a proper or timely manner.
14. Product Information: Information about our products, equipment, plant and processes is based on extensive research and our considerable experience. We provide this information, which is to the best of our knowledge accurate, orally and in writing. We assume no liability other than as agreed in the terms of the individual contracts and we reserve the right to make technical modifications in the course of our product development. Our product information solely describes our goods and services and is in no way to be construed or interpreted as a quality or condition guarantee, unless we have beforehand confirmed this to Purchaser in writing. The aforesaid shall not relieve Purchaser of its obligation to verify the suitability of our products and processes for the use or application intended by Purchaser. These limitations shall also apply to the protection of third party intellectual property rights as well as applications and processes.
15. Liability for Defects: Purchaser cannot derive rights from a defect in our goods and services if only negligible impairment of the value or the usage of our goods and services exists. In the event of justified claims arising from the quality of the delivered goods, we reserve the right, solely at our discretion, to either replace or repair the goods. For this, we always are to be given the opportunity within reasonable time.
16. Limitations of Liability: In any case of defective goods or services, our technical team will visit (at our discretion) to assess the situation. It is the obligation of the Purchaser to provide sufficient proof to support his claims. The maximum liability shall be limited to the value of the order or the actual damage caused due to defect whichever is less.
17. Trade Terms: If any trade terms have been agreed pursuant to the International Chamber of Commerce INCOTERMS, the INCOTERMS shall apply.
18. Severability: Should any of these conditions be deemed wholly or partly invalid, this shall have no effect on the validity of the remaining conditions.
(IMPORTANT: The information is for the benefit of our customers. Should any doubts arise regarding the interpretation of these General Conditions of Sale and Delivery this version shall prevail in all respect)