Terms and Conditions of Sale

General

All orders for products and services offered by Aetronix - owned by Arab Engineers Co. Ltd. are accepted subject to these terms and conditions of sale. 

No other terms will apply to the supply of products and services by Arab Engineers Co. Ltd. unless agreed in writing by an authorized signatory of Arab Engineers Co. Ltd. or expressly stated otherwise in these terms and conditions of sale.

All descriptions of the products and services contained in the product catalogues or otherwise communicated to the customer are approximate only and shall not form any part of the contract between Arab Engineers Co. Ltd. and the customer. Arab Engineers Co. Ltd. shall not be liable to the customer for any errors or omissions in its product catalogues. The advertising of products and services in all Arab Engineers Co. Ltd. product catalogues are not an offer capable of acceptance, it merely constitutes an invitation by Arab Engineers Co. Ltd. for the customer to make an offer to purchase products and services.

These terms and conditions do not apply to export transactions, to which separate terms and conditions of sale apply.

Arab Engineers Co. Ltd. is a business-to-business supplier. The online catalogues are intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a customer who deals as a consumer.

Prices

Products and services will be sold at the prices set out in this website or relevant quotation supplied by Arab Engineers Co. Ltd. The company reserves the right to change prices without prior notice at any given time.

Ordering

Arab Engineers Co. Ltd. reserves the right to decline trade with any company or person. In addition, Arab Engineers Co. Ltd. may decline to accept any order, whether or not payment has been received, by giving a notice of non-acceptance to the customer by telephone or email within a reasonable period of receipt by Arab Engineers Co. Ltd.

Arab Engineers Co. Ltd. executes orders to the customer's requirements, and does not substitute one product for another unless requested by the customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the customer's option) either be put on back order to be fulfilled when Arab Engineers Co. Ltd. next has available stock or be cancelled.

The customer must submit orders using the Arab Engineers Co. Ltd. stock numbers and the priced units used in the catalogue or relevant quotation and must specify which delivery option is required. If the customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 'Cancellations and Returns' will apply.

Delivery

Arab Engineers Co. Ltd. will aim to deliver products in accordance with the customer's order. The customer's delivery options, and the prices for them, are set out in this website or Arab Engineers Co. Ltd. relevant quotation or will be notified to the customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the customer's usual business address, unless otherwise agreed in writing.

Times and dates for delivery quoted by Arab Engineers Co. Ltd. employees are approximate only and Arab Engineers Co. Ltd. shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the catalogue as requiring special handling may (because of the nature of the products) take up a few days after acceptance of the customer's order.

If any delivery is late, the customer must notify Arab Engineers Co. Ltd., and Arab Engineers Co. Ltd. will endeavor to ascertain if the product has been delivered or the expected delivery time of the product to the customer. Arab Engineers Co. Ltd. may also, at its discretion, refund the total delivery charge to the customer. If a revised delivery time is not acceptable Arab Engineers Co. Ltd. may also, at its discretion, offer an alternative delivery option. These are the customer's exclusive remedies for late delivery.

Inspection, Delivery Delays and Non-Delivery

The customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause 'Delivery', the due date for delivery, give notice to Arab Engineers Co. Ltd. in detail of:

  1. Any defect in the product that is apparent on reasonable examination. In this case Arab Engineers Co. Ltd. shall, at Arab Engineers Co. Ltd. discretion, replace the products or refund the purchase price. In any event the customer must refuse parcels delivered to it in a damaged condition.

  2. Any shortfall in products delivered. In this case Arab Engineers Co. Ltd. shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.

  3. Any delivery of products not in accordance with the order. In this case Arab Engineers Co. Ltd. shall, at Arab Engineers Co. Ltd. discretion, replace the products or refund the purchase price.

  4. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated dispatch date). In this case Arab Engineers Co. Ltd. shall deliver the undelivered products or refund the price of the undelivered products.

If the customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the customer shall be deemed to have accepted the products accordingly. Arab Engineers Co. Ltd. record of the products dispatched (including the quantity) shall be conclusive evidence of the products received by the customer, unless proved otherwise by the customer.

The remedies set out above are the customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Arab Engineers Co. Ltd. shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

Payment

Customers can pay via credit card in this website or cash with order.

Credit terms (subject to satisfactory references and at Arab Engineers Co. Ltd. absolute discretion) are available. If credit has been granted, the customer shall pay the price of the product or service on or before the agreed number of days set out in the relevant credit terms from the date in which the products are dispatched. All payments must be made without any set-off, deduction or counterclaim.

If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

  1. All sums then outstanding from the customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and

  2. Arab Engineers Co. Ltd. may apply a compensation charge as an estimate of administrative and other wasted costs incurred by Arab Engineers Co. Ltd. to the customer of 5% for outstanding sums.

Risk and Ownership

Risk of loss of or damage to the products shall pass to the customer on delivery. Ownership of the products shall not pass to the customer until all sums due to Arab Engineers Co. Ltd. from the customer for those products have been received by Arab Engineers Co. Ltd. (in cash or cleared funds). If the customer is late in paying any sum to Arab Engineers Co. Ltd., then Arab Engineers Co. Ltd. shall be entitled to the immediate return of all products where the ownership has not passed to the customer.

The customer authorizes Arab Engineers Co. Ltd. and its agents to recover the products, and to enter any premises of the customer for that purpose. Demand for or recovery of the products by Arab Engineers Co. Ltd. shall not of itself discharge either the customer's liability to pay the whole of the price and take delivery of the products or Arab Engineers Co. Ltd. right to sue for the whole of the price.

Product and Availability Information

Arab Engineers Co. Ltd. reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Arab Engineers Co. Ltd. catalogue.

Unless otherwise confirmed, nothing in any Arab Engineers Co. Ltd. catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

Warranty

For products purchased from Arab Engineers Co. Ltd.: Arab Engineers Co. Ltd. warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to Arab Engineers Co. Ltd. within 12 months of the original date of dispatch, or such other longer period as may be indicated by Arab Engineers Co. Ltd. for specific products from time to time in writing.

For services purchased from Arab Engineers Co. Ltd. (as referred to in clause 'Force Majeure'): Arab Engineers Co. Ltd. warrants that if any service is defective, it will, at its option, either re-provide the service or supply to the customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to Arab Engineers Co. Ltd. within 12 months of the date of delivery of service, or such other periods as may be indicated by Arab Engineers Co. Ltd. for specific services from time to time in writing.

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Arab Engineers Co. Ltd.. The customer must return or dispose of the products, or make them available for collection by Arab Engineers Co. Ltd., in accordance with Arab Engineers Co. Ltd. instructions and suitably packaged.

The customer must contact Arab Engineers Co. Ltd. to notify Arab Engineers Co. Ltd. of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the customer returns products otherwise than in accordance with these warranty provisions, Arab Engineers Co. Ltd. may refuse such products and return them to the customer at the cost of the customer.

Any products which are replaced by Arab Engineers Co. Ltd. shall become the property of Arab Engineers Co. Ltd.. Title to replacement products shall pass to the customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.

The remedies set out above shall be Arab Engineers Co. Ltd. sole liability and the customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.

The customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non- supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). Arab Engineers Co. Ltd. will not be liable to the customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Arab Engineers Co. Ltd. by operation of law. The customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

Liability

Arab Engineers Co. Ltd. shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the Arab Engineers Co. Ltd. technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

Arab Engineers Co. Ltd. shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Arab Engineers Co. Ltd. and the customer, or of any order accepted by Arab Engineers Co. Ltd.; (ii) any duty of any kind imposed on Arab Engineers Co. Ltd. by law arising out of or in relation to the contract between Arab Engineers Co. Ltd. and the customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or
(v) any other loss whatsoever arising out of these terms and conditions of sale.

If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 'Warranty' and 'Liability', any liability attaches to Arab Engineers Co. Ltd., Arab Engineers Co. Ltd. liability to the customer arising out of or in connection with these terms and

conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of
(i) any express or implied terms of the contract between Arab Engineers Co. Ltd. and the customer, or of any order accepted by Arab Engineers Co. Ltd.; (ii) any duty of any kind imposed on Arab Engineers Co. Ltd. by law arising out of or in relation to the contract between Arab Engineers Co. Ltd. and the customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or
any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the total value of the order.

Nothing in these terms and conditions of sale (including without limitation this clause 'Liability') shall exclude or limit the liability of Arab Engineers Co. Ltd. for death or personal injury caused by the negligence of Arab Engineers Co. Ltd. or its employees, agents or sub-contractors, or for fraud.

Cancellations and Returns

The customer may not cancel orders once accepted by Arab Engineers Co. Ltd.. Arab Engineers Co. Ltd. may, at its discretion and in writing, allow an order to be cancelled subject to Arab Engineers Co. Ltd. recovering from the customer the costs incurred by Arab Engineers Co. Ltd.. In the event of cancellation of part of any order only, Arab Engineers Co. Ltd. may invoice the customer any difference in selling price per unit applicable to the quantity actually dispatched up to the time of cancellation compared to the quantity ordered.

The customer may only return products to Arab Engineers Co. Ltd., and receive a credit or refund, on the following conditions:

  1. The customer must contact Arab Engineers Co. Ltd. prior to the return of any products and obtain the prior consent of Arab Engineers Co. Ltd. and obtain a returns number (to be quoted on all returned paperwork)

  2. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to Arab Engineers Co. Ltd. in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale;

  3. The customer must follow any specific instructions with any product regarding its return to Arab Engineers Co. Ltd.;

  4. The customer must quote the invoice details or the Arab Engineers Co. Ltd. reference number on the Arab Engineers Co. Ltd. customer Returns Form from the original dispatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and

  5. For products returned due to customer error or no longer required and returned in accordance with 1 - 3 above a handling charge will be applied. This handling charge is set out by Arab Engineers Co. Ltd..

  6. Where the customer returns products to Arab Engineers Co. Ltd. not in accordance with 1 - 3 above (for example, after 30-days from the date of dispatch or in an unfit state) Arab Engineers Co. Ltd. will refuse delivery and return the products at the customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out by Arab Engineers Co. Ltd.).

This returns policy excludes software, calibrated products, non-catalogue products, extended range products, product plus products and specially manufactured products. Arab Engineers Co. Ltd. accepts no responsibility for any loss of or damage to products in transit from customer to Arab Engineers Co. Ltd. or for any items received by Arab Engineers Co. Ltd. with them.

Services

Arab Engineers Co. Ltd. offers the following services in respect of products: REPAIR and SOFTWARE UPDATE. Arab Engineers Co. Ltd. may quote a turnaround time target for these services, but Arab Engineers Co. Ltd. shall be under no liability if it fails to comply with such target. Except in respect of the REPAIR service, the product must be free from physical and electrical damage and from modifications (other than modifications detailed in the literature supplied with the product). The conditions which apply to each of these services are set out below.

REPAIRS: The REPAIR service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the product). Any instructions set out in the repair information/questionnaire supplied with the product in question must be complied with. Arab Engineers Co. Ltd. may at its absolute discretion either repair the product or replace it with a substitute product. Any customer-generated software returned with a product will be erased or otherwise destroyed on receipt and Arab Engineers Co. Ltd. shall not be under any liability whatsoever in respect of any data contained in such software.

SOFTWARE UPDATE: Arab Engineers Co. Ltd. will install the latest version of software. Arab Engineers Co. Ltd. will functionally check the unit to ensure software acceptance.

Force Majeure

A force majeure event is any event beyond the reasonable control of Arab Engineers Co. Ltd. (including strikes, traffic congestion, the downtime of any external line, or Arab Engineers Co. Ltd. inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Arab Engineers Co. Ltd. is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Arab Engineers Co. Ltd. shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 21 days, Arab Engineers Co. Ltd. may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the customer.

Data Protection and Customer Information

Arab Engineers Co. Ltd. may keep and use personal details of the customer and its employees for the purposes of providing products and services to the customer.

Arab Engineers Co. Ltd. may send to the customer and its employees details of other products and services offered by its group that may interest the customer. If the customer or its employees do not want to receive details of these offers then they should contact Arab Engineers Co. Ltd. either in writing or email at the contact details indicated in this website.

The customer consents that Arab Engineers Co. Ltd. may use the name of the customer by disclosing it to certain Arab Engineers Co. Ltd. resellers for market research and commission purposes.

Law and Jurisdiction

The contract between Arab Engineers Co. Ltd. and the customer based on these terms and conditions of sale as applicable to each customer order shall be governed by and interpreted in accordance with the Law and the customer submits to the non-exclusive jurisdiction of the High Court of Justice in the country in which Aetronix operates, but Arab Engineers Co. Ltd. may enforce the contract in any court of competent jurisdiction.