WTSألكا® refers to World Trading Services the supplier, 'Client' refers to the recipient person or entity & 'goods and services' refers to the commodities supplied. These terms supersede all prior agreements; representing the entire agreement between WTSألكا® & the Client in relation to the supply of goods and services, unless expressly agreed in writing as a variation.
QUOTATION, PRICE & CURRENCY
Quotations are open for acceptance within validity. Approval of quotations (written or verbal) implies acceptance of these terms. Prices & Currency are specified in the quotation. For services, fees shall be as quoted, if not quoted - standard rate applies.
Purchase order is subject to confirmation; issuance of proforma or tax invoice and / or receving delivery constitutes acceptance of these terms. Confirmed purchase order cannot be cancelled nor varied without official consent. For variation, Client's payment to WTSألكا® cannot be less than the original order value. For cancellations; client is liable to pay 15% of the order value, or any amount that may be reasonably requested by WTSألكا®.
PACKING & STORAGE
Price includes packing; Client is responsible if different packing is required. Order not collected nor received on the agreed delivery date, will be transferred to an external storage; all risks, costs & charges at the Client’s expense. For order not collected Six months from agreed date, contract will be rendered null & void. Advances paid forfeited and WTSألكا® reserves all right to retain funds received.
DELIVERY & PAYMENT
Delivery date issued is an estimate. WTSألكا® under due diligence will inform Client for unintended & unavoidable delays; WTSألكا® however will not be responsible for delays in delivery. For loss or damages due to Client’s failure to receive delivery and services on time. Client is liable to pay WTSألكا® reasonable amount to compensate loss including other costs incurred as a consequence. Goods must be inspected on delivery – defects & shortages should be notified within seven (7) days from delivery date. If no notice is received; goods are rendered accepted. Returns are subject to prior approval. No goods shall be returned nor accepted without prior approval. Unless otherwise agreed, terms of payment shall remain unchanged - full before delivery.
RISK & TITLE
Risk passes to the Client upon delivery. Title & ownership passes on full payment.
“INFORMATION” - reports, advise, designs, engineering or other consultancy services provided in any form. Subject to law, information is an exclusive property of WTSألكا® & should not be copied, reproduced or transmitted to any 3rd party nor used on purposes other than for which they are supplied. All intellectual property rights in relation to & in the works created by this information remains the sole property of WTSألكا®. Where any information is provided to WTSألكا® pursuant to the instructions of the Client, the Client warrants WTSألكا® will not be liable for infringement of any 3rd party rights & indemnify WTSألكا® against any legal action which may be served as a result of such compliance.
Client acknowledges proper functioning of the goods & performance are dependent on the availability and provision of suitable facilities; foundation, electricity, fuels, water, steam, air, drains, ducts, and the likes and that the Client is responsible for its supply compliant to the goods requirement and direction of WTSألكا®. Unless specified in Quotation or acceptance, WTSألكا® is not responsible for the supply nor connection of any utilities and any civil (unloading & placement), electrical, mechanical & finishing works.
WORKPLACE SAFETY & HEALTH (WSH)
Client must comply with WSH obligations specific to the goods and services and ensure that procedures are in place to ensure compliance – execution of which should not render WTSألكا® to be in breach under the applicable WSH regulations. The Client must ensure workers (employees, subcontractors, et.al.) receive all training & instruction in relation to WSH in relation to the operation and other related works for and of the goods and services received. If WTSألكا® determines, that works would cause a breach; not meet industry standards & practices; not fit for purpose; or breach any requirement of WSH - WTSألكا® will direct Client for correction, at Client’s expense. If Client fails to comply, WTSألكا® reserves right not to provide the goods & services (in which case WTSألكا® will not be in breach of these terms) or WTSألكا® may arrange to correct the issue, costs incurred at Client’s expense. To the extent permitted by law, Client agrees to keep WTSألكا® indemnified against costs, expenses, fines, losses or damages, in connection with or arising out of his failure to comply obligations pursuant to this clause.
WTSألكا® warrants goods are supplied free from defects in parts & workmanship for 1 year, from delivery. Warranty work between 8am to 5pm; Sundays to Thursdays (excluding holidays). Works outside of this schedule will be charged at the expense of the Client; penalty payment & overtime rate applies. Warranty will not apply for non-conformance or defect due, directly or indirectly from: Damages in transit; installation by person other than WTSألكا® or by unauthorized 3rd party; lack of maintenance & care or normal wear & tear; interference with, modification of or damage to the goods by the Client; use in connection with other products or unintended use or not in accordance with the instructions provided; or exposure to harsh or unusual conditions. n All implied warranties relating to the supply are not included. WTSألكا® Standard Limited Warranty Terms will be supplied as addendum in separate.
WTSألكا® liability for: a breach of any of these terms and conditions; a breach of any non-excludable condition or warranty implied by law, including and without limitation to the KSA Competition Law; Royal Decree No M/75 of 29 Jumada Thani 1440 Hejra (6Mar2019). Other liability arising in connection with the order; for breach of statute, contract or in tort (negligence included), is limited to any one of the following as determined by WTSألكا® in its sole discretion: for goods, repair or replacement or the cost of doing so; for services, the re-supply or the cost of re-supply; or refund of amount paid.
WTSألكا® obligations is suspended on Force Majeure event. Force Majeure event includes fire, storm, flood, war, invasion, rebellion, sabotage, labor dispute, labor shortage, failure or delay in transportation, act of omission (including laws, regulations, disapprovals) of any 3rd person (including, but not limited to, subcontractors, customers, governments) or any natural event that is beyond human control.
If Client: fails to pay when due, any amount due to WTSألكا®; breaches any provision of these terms; or WTSألكا®; may, in addition to its other rights: require Client to pay all amount invoiced or unpaid or to pay in advance of, or on, delivery; suspend all deliveries or charge interest on overdue amounts calculated daily from the due date until the date of payment.
SEVERABILITY & WAIVER
Part or all of any provision in these terms that is illegal or unenforceable may be severed; remaining provisions will continue to be in force. Failure by a party to require performance of any obligation under these terms is not a waiver of its right: to claim damages for breach; and at any other time to require performance of that or any other obligation under these terms, unless written notice to that effect is provided. Waiver of any provision of, or right under, these terms: must be in writing signed by the party entitled to the benefit of that provision; and is effective to the extent set out in any written waiver.
WTSألكا® may supply equipment with remote access functions, providing WTSألكا® exclusively with information of the equipment & its use; system, performance, feature usage & error data which is used for servicing purposes only. This function, does not include personal identifiable data.
These terms & conditions are governed by the laws of The Kingdom of Saudi Arabia & parties submit to the non-exclusive jurisdiction of the Courts of the Kingdom.