Sales General Terms Conditions

SALES GENERAL TERMS & CONDITIONS

 

Agreement

  1. These Sales General Terms and Conditions (the “Agreement”) constitute a binding agreement between the buyer (“Buyer”) and the seller (“Seller”) for the sale of trucks, trailers and related products & services (the “Product(s)”) by the Seller to the Buyer.
  2. This Agreement shall govern all sales of Products by the Seller to the Buyer and shall supersede any prior agreement or understanding, whether oral or written, between the parties.
  3. Any modification or amendment to this Agreement must be in writing and signed by both parties.

Prices & Quotes

  1. The prices quoted by the Seller for the Products are in Saudi Arabian Riyals, unless otherwise agreed upon in writing by the parties.
  2. The Seller’s quotation is valid for a period of thirty (30) days from the date of issuance, unless otherwise stated in writing by the Seller.
  3. Any purchase order issued by the Buyer after the expiry of the Seller’s quotation shall be null and void.
  4. The Seller reserves the right to adjust the quoted price in the event of any increase in the cost of materials, labor, or other factors affecting the production of the Products.

Shipment and Delivery

  1. The Seller shall deliver the Products to the Buyer at the agreed delivery location and date.
  2. The estimated delivery date provided by the Seller is subject to the availability and timely delivery of materials and components from the Seller’s suppliers.
  3. The Buyer shall be responsible for all shipping, handling, and related expenses associated with the delivery of the Products as a default (in accordance with Incoterms 2020: EXW).
  4. The estimated delivery date provided by the Seller is subject to the receipt of any due payments agreed upon in the quotation.
  5. The estimated delivery date provided by the Seller is subject to the receiving date of the chassis from the Buyer if applicable.
  6. Upon completion of work, the buyer shall have a period of 3 calendar days to collect their product upon notification from the seller, otherwise storage fees shall be applied at a daily rate after the third day.

Payment and Taxes

  1. The Buyer shall pay the Seller the agreed price for the Products in accordance with the payment terms stated in the Seller’s invoice.
  2. The Buyer shall be responsible for all taxes, duties, and other fees imposed by the government or other authorities in connection with the sale of the Products.
  3. In the event of any delay or default in payment by the Buyer, the Seller may suspend further deliveries and/or terminate this Agreement.

Warranty Claims

  1. The Seller warrants that the Products shall be free from defects in materials and workmanship for a period of twelve(12) months from the date of delivery unless stated otherwise in the quotation.
  2. The Seller’s warranty is limited to factory defects and shall not cover wear and tear, damage caused by misuse or unintended use or neglect, or consumables.
  3. The Buyer shall notify the Seller of any warranty claim within ten (10) days of discovering the defect and shall provide the Seller with all necessary information and access to the Products to verify the claim.

Drawings & Specifications

  1. The technical drawings and specifications provided by the Seller to the Buyer shall remain the property of the Seller and shall not be reproduced or disclosed to any third party without the Seller’s written consent.
  2. The Buyer shall be responsible for ensuring that the Products meet its requirements and specifications, and shall be liable for any damages resulting from any errors or omissions in its specifications or instructions.

Modifications

  1. Any modification or change to the Products requested by the Buyer shall be subject to the Seller’s approval and may require a revised Sales Order and a change in the delivery schedule.
  2. The Seller shall have no obligation to accept any modification or change requested by the Buyer and may refuse such requests in its sole discretion.

Governing Law

  1. This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
  2. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia.
  3. The parties agree to submit to the jurisdiction of such courts and to waive any objection.

Force majeure

  1. The Seller shall not be held liable for any violation due to any Force Majeure factors. In the event of any force majeure event, the seller will stop performing the obligations imposed on it for the duration of the force majeure event.
  2. The term “Force Majeure” means any circumstances or incidents beyond the control of the Seller, whether the force majeure event was expected when concluding any of the agreements, and the Seller is therefore unable to perform or carry out the obligations thereof.
  3. Force majeure includes, for example, acts of God and natural disasters. It includes, but is not limited to, the following examples: earthquakes, lightning strikes, hurricanes, winds, floods, volcanic activity, severe weather conditions, strikes, closing doors to workers, wars, terrorism, political conditions, city disturbances, riots, acts of sabotage, and sabotage. Industrial shortage,breakdown of factories or machinery, interruption or cessation of electrical supply, and failure of suppliers and other parties to fulfill their obligations with (the seller) on which the services depend.
  4. If the force majeure event continues for a continuous period of three months or if the Seller anticipates it, the Seller may cancel all or any part of the Agreement without any liability to the Buyer or the Seller.