The following sales conditions are applicable to offers and/or agreements between
M/s.KayedBadri Ship Spare Parts Trading LLC / KB Ships LLC.(VENDOR) and the customer (BUYER). Any purchase from VENDOR by BUYER implies the BUYER’s express acceptance of these conditions.
Orders shall be placed in writing to the VENDOR by official purchase order.
Prices are intended ex-works, net of transport, port and insurance costs. Prices do not include any V.A.T.
The delivery dates are always intended as “indicative” and the agreement shall remain fully and unconditionally effective whatever the actual delivery date. In no case shall failure to respect the quoted delivery date give rise to any right to compensation.
Delivery / Returns
Unless specifically agreed otherwise, KB Ships LLC shall proceed with transport on behalf of and at the expense of the BUYER using whichever means deemed appropriate. All transport, including carriage paid delivery, is at the BUYER’s risk. The VENDOR will only insure the goods for shipment at the expense of the BUYER at the specific request of the BUYER. It is the BUYER’s responsibility to check the condition and nature of the goods on arrival. Any loss or breakage found must be notified to the carrier within three days, via registered letter with advice of delivery. Any materials not collected within 30 days after notification to BUYER that order is ready to be shipped/ collected shall be returned to stock and are subject to 10% re-stocking charges.
Any complaints relating to deliveries not corresponding to the order must be made immediately to KB Ships LLC and confirmed in writing within eight days of receipt of the delivery. In the absence of such a complaint, KB Ships LLC shall be exonerated from any liability to the BUYER.
Goods which need to be returned will only be accepted subject to prior agreement in writing from KB Ships LLC and if returned from outside the United Arab Emirates must arrive free of any duties and charges. The maximum period for return of any goods is 30 days from date of purchase.
Payments must be made to the VENDOR’s registered address before the expiry date indicated in each invoice, without any reductions. In case of payment by bank transfer all charges are for BUYERS account and must be included with the transfer. In case payment is not done within the agreed credit term, if any, the VENDOR reserves the right to take back the items and charge the BUYER for any expenses incurred. In case of delayed payment the VENDOR may charge an interest of 1% per month to be included with the payment. In case payments are delayed beyond agreed credit terms the VENDOR reserves the right to withhold any further deliveries.
The VENDOR guarantees that its products are free from manufacturing defects and flaws in the materials at time of delivery. In case an extended guarantees are required this needs to be indicated at time of enquiry and in any case prior to confirmation of order. This undertaking by the VENDOR excludes all other effects of the guarantee provided for by law. The KB Ships LLC guarantee is not applicable to replacements or repairs resulting from normal wear of the material, from its defective use, from failure to respect the instructions for use or maintenance, from defects in maintenance or supervision, or from faults deriving from the use of spare parts or materials which do not originate from KB Ships LLC. Furthermore, this guarantee will cease to have effect in the event that the BUYER carries out repairs or modifications himself or has such work carried out by third parties without the written consent of KB Ships LLC.
Third Party Liability
The VENDOR is relieved of all responsibility for all direct or indirect damage and loss of income, which may result from breakdown or defects in the goods supplied. The VENDOR is expressly exonerated from all responsibility and liability for any accidents or damage to persons or property which may occur as a result usage of the delivered goods. This also applies if the accident or damage results from manufacturing or material defects.
Applicable Law and Place of Jurisdiction
The sales agreement and the general conditions of sale are subject, and hence regulated, by the laws of the United Arab Emirates and any disputes arising will be settled by the courts in the United Arab Emirates.