GENERAL SALES TERMS & CONDITIONS
Buyer” means the organization or person who buys Goods from the Seller“
Conditions” means the terms and conditions of sale set out in this document and any “
;special terms and conditions agreed in writing by the Seller
Delivery date” means the date specified by the Seller when the Goods are to be “
;delivered
;Goods / PRODUCTS” means the articles to be supplied to the Buyer by the Seller“
Intellectual Property Rights” means all patents, registered and unregistered designs, “
copyright, trademarks, know-how and all other forms of intellectual property wherever
in the world enforceable.
Seller” means EGMA GROUP Located in IRAQ-BAGHDAD
PRICE
1- Prices are intended for Ex -WAREHOUSE delivery, VAT not included, any other Tax not included.
DELIVERY
Delivery time is ex-EGMA'S date
The date of delivery specified by the Seller is an estimate only. Time for delivery shall
not be of the essence of the contract and while every reasonable effort will be made
to comply with such dates compliance is not guaranteed and the Buyer shall have no
right to damages or to cancel the order for failure for any cause to meet any delivery
.date stated
EGMA will not be responsible for delays or non-performances directly or indirectly
caused by govt. regulations or requirements, unavailability of materials, work
stoppages,wars, strikes, slow-downs, flood, and any other cause beyond EGMA's
.reasonable control
The Buyer shall make all arrangements necessary to take delivery of the Goods
.whenever they are tendered for delivery
If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of
notification that they are ready for despatch whether prior to or after the delivery date
the Seller reserves the right to invoice the Goods to the Buyer and charge him
therefore. In addition the Buyer shall then pay reasonable storage charges or
demurrage as appropriate in the circumstances until the Goods are either
.despatched to the Buyer or disposed of elsewhere
The Seller shall be entitled to deliver the Goods by instalments and where the Goods
are so delivered, each delivery shall constitute a separate contract and failure by the
Seller to deliver any one or more of the instalments in accordance with these
Conditions or any claim by the Buyer in respect of any one or more instalments shall
.not entitle the Buyer to treat any other related contract as repudiated
Where the Buyer requires delivery of the Goods by instalments, rescheduling
requires the Seller’s written agreement and will not be possible unless at least 3
month’s written notice is provided and so agreed. Each delivery shall constitute a
separate contract and failure by the Buyer to pay the Price in respect of any
instalment shall entitle the Seller to treat any other related contract as repudiated in
.addition to any other rights of the Seller pursuant to these Conditions
Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or
any of them) promptly the Buyer shall be bound to accept delivery and to pay for the
Goods in full provided that delivery shall be tendered at any time within 3 months of
the delivery date
WARRANTY
New EGMA products are granted to the original owner (first buyer) to defective
materials and fabrication, imperfect aspect and finish, and imperfect operations for 12
months after the Date of Sales Invoice to the Distributor or to the end user, extended
to 12 months after the Date of Installation when installation is registered to End User
(to be registered on Server EGMA ),
ELECTRIC
Our conditions (fundamental) for our machine supply our machines stable electricity
220V & 50 Hz or 380v (depended to the country OR request customers )
-The warranty does not cover defects or damages due to uncomplete knowledge of
manuals(Catalog) included with the unit(equipment), uncomplete application of
recommendations described in the manuals included with the unit, unproper
maintenance, or use out of the specified limits.
Use of non-original EGMA parts, unauthorized modifications or tampering, modify
program machine, of the unit void the warranty
Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s
.expense, if so requested by the Seller
.The guarantee applies only to the buyer in good standing with the payments
BATTERIES
The batteries used in the products are guaranteed against defects found in the
.product
This warranty is applicable only in case of defects of the battery. The total discharge
for a long period of inactivity or lack of charge, does not give the right to replace the
.battery under warranty
:In particular, the battery warranty does not apply to
Storage and recharge failure for a long time
Total discharge
If they have been removed or tampered with
EXCLUSIONS / NON-APPLICABILITY OF WARRANTY
The Guarantee does not apply to damages caused by:
- Problems caused by incorrect calibration values of the sensors of the machine (the mis-calibration can
be caused by mechanical shocks, voltage drop, etc. and the customer has to take care of the
calibration of the machine, as well as being able to perform it)
- Interventions where no problem is found by the technician;
-
Incorrect procedure followed by the customer;
- Negligence (eg, failure to clean the adapters, cones worn, dirty or dented, chucks fallen, etc);
- Improper use of the product, wrong connection, wrong operations;
-
Voltage surge or overload;
- Damage caused from the connection to non conform power lines do;
- Unsuitable climatic and environmental conditions;
- Inadequate maintenance, tampering and unauthorized access;
- Failure and malfunction caused, in the opinion of our technical, tampering or incorrect connection;
- Overloading exceeding the limits of the plate;
- Inexperience, negligence, fraud, vandalism;
- Damage caused by drops, bumps, damage during shipping, fires, earthquakes, floods, lightning and
other disasters;
- Removal of seals or the original opening of the housing.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if
the delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire,
breakdown of plant or machinery or shortage or unavailability of raw materials from a
natural source of supply, and the Seller shall be entitled to a reasonable extension of
its obligations. If the delay persists for such time as the Seller considers
unreasonable, it may without liability on its part, terminate the contract or any part of
it
GOVERNING LAW AND JURISDICTION
In addition to rights and remedies reserved herein, EGMA shall have all rights
conferred by IRAQ Law and shall not be required to proceed with performances of
the contract arising here from if the customer is in default to the company under this
.or any other contract
This Agreement shall be governed by and construed in accordance with the law of
.IRAQ and the parties hereby submit to the exclusion jurisdiction of the IRAQI courts
In case of any claim, the court of BAGHDAD-KARADA will be the only competent for
settlement or arbitration
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