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General Terms and Conditions:
L.J. MIDDLE EAST FZCO. EX-MILITARY
A. General
1. All L.J. Middle East sales are governed exclusively by the following conditions and the conditions of the respective tenders. Alternative agreements require confirmation
by L.J. Middle East in writing.
B. The Tender Bid Procedure
1. Inspect goods thoroughly before submitting a bid. Warranty claims are excluded.
2. Send bids in writing preferably on L.J. Middle East `s form. Submission of bids by post is acceptable. Bids sent by fax must be confirmed by sending the original hard copy by post.
3. The correct lot number must be given. Give a short description of the goods wherever possible.
4. Any taxes/duties payable by purchaser
5. Bids must include the exact address of the bidder (if available, including telephone or fax number). Do not forget your legally valid signature.
6. Withdrawal of a bid must arrive at L.J. Middle East in writing before the expiry of the tender deadline. If bidder submits several bids for the same lot,
the valid bid is always the last bid received.
7. Bids may not be considered and may be rejected by Middle East if they are not in accordance with the above mentioned provisions or if they contain any conditions or reservations.
8. The bidder whose bid has been accepted will be notified within 7 (Seven) days. Bidders who do not receive notification within this period may assume that their bid was not considered.
L.J. Middle East liability for incorrect verbal information is limited to deliberateness and gross negligence.
C. Sales
1. Bids must be submitted and paid in US$ dollars
2. Submitted bids are binding offers for the conclusion of a contract to which the bidder is bound for a period of 7 (Seven) days following the tender deadline.
The highest bidder has no claim for acceptance of his bid.
3. The sales contract with a bidder shall be concluded once the acceptance of his bid has been declared to him by phone, in formless writing or by means of a
confirmation of order and invoice (Notification of the acceptance).
D. Payment
1. Payment must be received by L.J. Middle East within 7 days of date of invoice without any deduction by bank transfer
2. Payment is to be made in US$ dollars. Banking fees and exchange differences are at the Buyer's expense.
3. Goods will not be released until all funds are cleared.
L.J. Middle East
1. On payment of the full invoice amount Buyer will receive a release note and must arrange collection within seven days of invoice date. Prior notice of collection
must be emailed to sales@army-uk.com giving vehicle registration details, driver’s name and passport number to allow collection.
2. The Buyer is obliged to collect the goods purchased within 7 (Seven) days of the date of invoice. This pick-up obligation is one of the Buyer's principal performance
obligations. Before removal, the Buyer must make prior arrangements with the contract officer at the storage location concerned.
3. Goods are sold ex. storage location. Assistance will be given for loading unless otherwise stated.
4. The Buyer shall be liable for any loss or damage caused by himself or his agents arising out of or in any way in connection with the performance of his contractual obligations
(especially during pick-up of the goods) and in this context shall indemnify L.J. Middle East and its principals against all relevant third party claims including litigation costs.
Unless excluded by law, the Buyer waives all rights to claim against L.J. Middle East and its principals in respect of any loss, damage or injury suffered by him,
his personnel or his agents in connection with the take-over, collection or transportation of the goods and in this respect L.J. EX-Military trucks.
and its principals shall also be indemnified against all claims from third parties.
5. The risk of deterioration or loss of the goods transfers to the Buyer on take-over of the goods.
6. In the event L.J. Middle East is unable to make goods available prior to the transfer of risk to the Buyer, the Buyer is entitled only to reimbursement of the invoice amount.
Further claims against L.J. Middle East are excluded unless the action of L.J. Middle East can be proved as to be deliberate of grossly negligent.
F. Retention of Title
1. The title of the goods transfers to the Buyer once payment of the purchase price has been made and hand over of the goods has been completed.
G. Warranty and Liability for Defects
1 Goods are sold "as seen", excluding any warranty claims.L.J. Middle East gives no guarantee as to description, quantity, quality, condition, suitability for use and licensing,
undamaged history or the non-existence of apparent or hidden defects.
2. Remarks regarding the description, condition and assortment of the goods as well as indication of quantities in "en-bloc" lots are non¬binding.
Information’s, statements and promises
are without obligation unless confirmed by L.J. Middle East in writing.
3. The Buyer shall be responsible for adherence to safety, licensing and environmental protection requirements as well as for applying for operating permits.
H. Default in Payment, Failure to Remove Goods
1. If Buyer fails to pay the full amount of the purchase price in due time, L.J. Middle East shall be entitled to charge default interest at 2% (two percent) above the current
Longer Term Refinancing Rate of the European Central Bank, but not less than 8% (eight percent) and to retain all performance ensued from all purchase agreements concluded with the Buyer.
2.
If Buyer fails to remove the goods in due time, L.J. Middle East shall be entitled to charge default fees in the amount of storage fees usually
charged by freight forwarders and/or to have the goods removed and to store elsewhere on account and risk of the Buyer. L.J. Middle East shall also be entitled to
refuse the acceptance of buyer’s further performance, to sell or dispose of the goods over the counter and to charge the Buyer with all costs and damages incurred.
I. LOADING
1.
There is LIMITED ASSISTANCE ON LOADING - Ask for details on preferred/recommended local shipping companies.
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