ARAB TECHNICAL ESTABLISHMENT
for building materials
General Terms and Conditions of Sale
1.1 The following terms and conditions of sale (hereinafter referred to as the "Terms") will apply to all offers, sales or deliveries of goods and services made by Arab Technical Establishment ("ATE") or its subsidiaries or to which ATE is a party.
1.2 Price offers issued by or on behalf of ATE are indicative only and no purchase or sales agreement will be binding upon ATE unless confirmed in writing by ATE. Unless otherwise agreed in writing by ATE, ATE will not be bound by any of the provisions of the purchaser's terms and conditions. These Terms may not be varied, altered or amended except in writing and signed by or on behalf of ATE. The term "ATE Products" is defined so as to include all products or goods manufactured or sold by ATE, either at present or at any time in the future, and all services performed by ATE in relation with said products or goods.
1.3 Business terminology used in these Terms shall be interpreted according to the definitions given in "INCO-terms", 2000 edition (published by the International Chamber of Commerce in Paris).
2.1 Certain information regarding ATE Products, such as measurements, colours, weights, specifications or technical data, being purely informative, shall not form part of the agreement with the purchaser and shall not be construed as product warranties. Provided the functional qualities of the products remain unimpaired, ATE may from time to time modify its products or supply products which differ slightly from samples . ATE shall not be held responsible for any faults or errors in drawings, designs, models, samples or descriptions made and supplied by ATE as a service to the purchaser . Such drawings, designs, models, samples or descriptions will at all times remain ATE property and may not be used, copied or divulged to third parties by the purchaser without formal consent in writing from ATE.
2.2 In the event ATE is contracted to manufacture goods in accordance with specifications, drawings, models or samples provided by the purchaser, the latter will warrant that ATE does not, in carrying out such order, infringe upon the patents or other industrial property rights of third parties and hold ATE harmless from any claims by such third parties. In the case where standard products ("Standard Products" being defined as products specified in the ATE Products Indexes current at the time of the order) are used for non standard purposes, such as, but not limited to, exterior usage, curved or sloped ceilings etc., or in case of special products ("Special Products" being defined as products not specified in the ATE Product Indexes current at the time of the order) are manufactured or sold by ATE at the request of the purchaser, ATE shall not be liable for any defects whatsoever and the purchaser shall safeguard ATE from any third party claims.
3.1 Unless expressed to the contrary, all deliveries are made "Ex Works ATE stores, Dubai, UAE" . In circumstances where ATE has expressly agreed to deliver Delivered Duty Unpaid ("DDU") or Delivered Duty Paid ("DDP") at the purchaser's address or at the building site , the goods shall be deemed delivered and the risk for the ATE Products shall automatically pass onto the purchaser at the moment the carrier has declared the ATE Products ready for discharge at that address or at that building site.
3.2 Delivery times and dates, stated in our quotations and/or order confirmations and/or any other ATE statement in writing are indicative only and not capable of acceptance, unless stamped with wording "fixed and guaranteed". Partial deliveries will be allowed . In case of Ex Works deliveries, ATE may, at the purchaser's specific request in writing, assist the purchaser with the arrangements for transport or insurance of ATE Products, it being understood that no liability in excess of normal Ex Works warranties will derive from such assistance. Should the purchaser fail to take delivery of ATE Products at the agreed date, ATE will be entitled to store said products at the purchaser's risks and expense for such duration as ATE may decide. All goods supplied by ATE will remain the property of ATE until the purchaser has settled the purchase price, including all due interests and costs, and also until all further outstanding amounts owing to ATE on account of previous deliveries or services, similarly inclusive of interests and costs, have been paid in full.
3.3 ATE Products may only be returned subject to ATE's prior written consent; such consent not to be unreasonably withheld. Such consent shall not be given in respect of (a) ATE Products sold more than 12 months, (b) ATE Products no longer listed in ATE Products Indexes valid at the requested return date, (c) non-standard ATE Products or (d) standard ATE products without their original, undamaged and unsealed packaging. If ATE has agreed to a return of goods, the purchaser will be credited up to the amount of 85% of the net invoice value of the returned goods, less any carriage costs.
4. ATE Products listed in the ATE Product Indexes released, from time to time, will be sold at the prices indicated in the current ATE Standard Price Lists or its specific written offers. For the products not listed in these ATE Product Indexes, the prices stipulated in ATE's written offers will apply. All prices are stated Ex Works, unless expressly stipulated otherwise, exclusive of any applicable taxes V.A.T , and apply to standard quantities in standard packing. In the event that ATE incurs (before or after the order confirmation date) in the country of delivery costs for the removal, disposal or recycling of pallets or packing, ATE will be entitled to recover such costs from the purchaser. In the event of an increase of the costs of raw materials or production or other direct costs, ATE will be entitled to adjust its prices according to such increases, or, if payment in currencies other than the United Arab Emirates Dirham (AED) is stipulated, to the variations of the exchange rate. Taxes or other duties levied by government authorities and imposed subsequently to ATE's confirmation of the order will be directly passed onto the purchaser. 5.1 The purchaser warrants and agrees to pay the purchase price and costs incidental to the delivery in cash and without rebates either within 7 days from the date of the invoice or in accordance with the specifically agreed payment terms, as the case may be, through remittance on the bank account appearing on ATE's invoice. Credit accounts are available and subject to completion of the Credit Application Form and approval by ATE.
5.2 In the event that the purchaser fails to comply with the said payments terms, ATE reserves the right to charge interest on late payments at 2% per month above the base rate for the time being of the UAE Central Bank. Such interest shall accrue from the due date as stated in the invoice up to the date of actual payment. All expenses incurred by ATE in order to ensure recovery of any outstanding amounts, such as litigation costs, attorneys' and bailiffs' fees, shall be paid by the purchaser. Such expenses shall be deemed to amount to no less than 10% of the balance due. The purchaser shall have no claim as to debt compensation or moratorium on his obligations in respect of payment.
6. The purchaser shall verify the quantity, quality and conformity of the goods supplied immediately upon delivery. The purchaser shall provide such verification by signing the Delivery Order or the carriage way bill or similar delivery/transportation document (such document to be countersigned by the carrier) and confirm in writing to ATE any complaint within 24 hours from said delivery. Failure to notify ATE within 24 hours shall mean that the purchaser is deemed to have accepted the goods as delivered. In respect of such defaults or defect as can reasonably be noticed only after opening the packing or after processing the goods, ATE must be notified in writing forthwith after the discovery of any defect or defaults and in no event after 21 days have passed from the date of delivery. Failure to observe these time limits shall result in the purchaser being deemed to have accepted the goods without reservation. The purchaser must strictly comply with ATE's instructions for use or installation, keep any reputedly flawed products at ATE's disposal and refrain from carrying out repairs to such products (regardless whether they have been installed or not).
7. ATE will have no liability other than the obligation to supplement shortages, repair or replace flawed ATE Products at ATE's expense or to refund the net purchase price, or, if payment has not yet been remitted, provide the purchaser with a note of credit to the amount of such price, the option being exclusively ATE's. In the event of repairs or replacement deliveries, ATE shall recover ownership of the replaced products or parts. All responsibility for loss of trade or profits or any other direct or consequential damages is expressly excluded. ATE's product liability ceases entirely after expiry of a six month period from delivery date. These provisions in no way effect ATE's product liability under imperative legal provisions.
8. ATE will have the right to cancel orders, fulfil orders in part only or suspend the ensuing obligations and/or performance of such obligations if the execution of the orders or any part thereof is prevented, delayed or hindered by circumstances beyond ATE's control, which make such performance impractical. The suspension of ATE's obligation will remain in effect as long as such circumstances persist and, after the return of normal conditions, for suitable readjustment period. For the purpose of these Terms, "circumstances beyond ATE's control" are defined as: fire, water damage, extreme weather conditions, cataclysms and natural disasters, (threat of) war, riots or similar popular disturbances, acts of government, strikes or other industrial action by (ATE) workers or workers unions, defaults of machinery or equipment and interruptions, disturbances or hindrances in respect of supplies, storage, transport or import.
9. Should the purchaser fail to fulfil his obligations as to prompt payment, file for insolvency or a moratorium, be declared a bankrupt, discontinue his activities or be subjected to an attachment , or should ATE become aware of information that the purchaser's insolvency may be imminent, ATE will have the right to terminate agreement forthwith and/or to demand securities guaranteeing the compliance of the purchaser's payment obligations, and such regardless of ATE's claims to compensation, including interests and defrayment of costs, for all losses sustained as a result of the termination of the contract.
10. Any dispute between ATE and the purchaser in relation with or resulting from the offers, sales or deliveries of ATE Products made by ATE or to which ATE is a party will be governed by and construed in accordance with the United Arab Emirates law.
General Terms and Conditions of Sale
Copyright ©2011 ate.ae
Since its formation in 1989, ATE has provided a wide range of building materials, systems and product to the construction industry in the UAE and the surrounding regions. Our aspiration is to excel in providing innovative architectural interior building systems to our customers and partners in the building construction industry. Our mission is to achieve this aspiration by providing a superior offering to our partners; fast-track, cost effectiveness, quality assurance and a dedication to environmental protection. As the demand has increased for fast-track construction, the industry has moved towards pre-engineered dry construction, using the factory-made and pre-finished elements. ATE with its close co-operation with Karlgips Trockenbau GmbH (Folding Plate Technology), has been able to provide a wide range of pre-finished interior and architectural systems to the construction industry, especially ceiling and partitioning systems. As one of the biggest stockists of building materials in the UAE, ATE is able to satisfy the demands of projects and markets with offices, showrooms and warehouses in Deira and Dubai Investment Park.