Fales Grand General Trading LLC. General Terms and Conditions of Payment and Delivery

Article 1 – Definitions/General

a) In the General Terms and Conditions of Fales Grand General Trading LLC., the terms below shall have the following meanings:

Fales Grand General Trading LLC.: any company recognized by Fales Grand General Trading LLC. that refers to the General Terms and Conditions of Fales Grand General Trading LLC. in its offers and contracts and applies them to its transactions;

Customer: the party (not being a consumer) to which Fales Grand General Trading LLC. has sent an offer and/or that has engaged Fales Grand General Trading LLC. to provide services or deliver goods.

b) The terms and conditions shall apply to the formation, substance and performance of all contracts concluded between Fales Grand General Trading LLC. and the Customer for the delivery of goods and/or the provision of services by Fales Grand General Trading LLC.

c) Unless this has been expressly agreed in writing, the Customer shall not apply any purchase or other conditions.

Article 2 – Offers/Prices

a) Unless explicity stated otherwise therein, all offers shall be free of obligation. Any offer provided by Fales Grand General Trading LLC. can only be accepted unaltered.

b) The prices quoted by Fales Grand General Trading LLC. shall apply for delivery ex warehouse or place of business of Fales Grand General Trading LLC., unless otherwise agreed upon in writing. Quoted prices shall be exclusive of Value Added Tax and any other government levies, unless otherwise indicated in writing. Additional costs of packaging, etc., shall be charged separately by Fales Grand General Trading LLC.

Article 3 – Delivery and Delivery Period

a) Fales Grand General Trading LLC always states delivery dates and other dates as indicative and cannot be considered deadlines under Section 6:83, subsection a of the Netherlands Civil Code unless agreed upon in writing. If Fales Grand General Trading LLC exceeds the expected delivery date, the customer may send a notice of default by registered letter and give Fales Grand General Trading LLC a reasonable period of time of two months to fulfill its obligations without assuming liability for damages.

b) Fales Grand General Trading LLC considers goods and/or services as provided as soon as the goods are ready for collection or delivery and/or the activities for the services have been completed.

c) The customer will have to accept any deliveries made earlier than specified by Fales Grand General Trading LLC. Fales Grand General Trading LLC may make partial deliveries and invoice the customer separately. Partial deliveries cannot be undone if it appears afterwards that the order cannot be delivered in full.

Article 4 – Force Majeure

a) Fales Grand General Trading LLC considers force majeure as any external causes beyond its control that prevent the regular performance of an obligation, regardless of whether such a cause could have been foreseen at the time the contract was concluded. It’s in addition to its legal and case law definitions. Such causes shall include strikes, a general lack of raw materials, unforeseeable delays at suppliers or other third parties that Fales Grand General Trading LLC. Depends on, government measures, general power supply failures and general transport problems.

b) Fales Grand General Trading LLC. may also invoke force majeure if the circumstance preventing (continued) performance commences after Fales Grand General Trading LLC. should have fulfilled its obligation.

c) In the event of prolonged force majeure, Fales Grand General Trading LLC can dissolve the contract in writing without assuming liability for damages.

d) During the period of temporary force majeure, Fales Grand General Trading LLC will suspend its delivery and other obligations without judicial intervention and extend the delivery period by the same period. If the period of force majeure lasts more than three months, either party can terminate the contract without any obligation to pay damages to the other party.

Article 5 – Payment

a) The Customer shall pay the invoice amount within the payment term stated on the invoice, in the currency stated on the invoice.
b) If the customer defaults on payment within the payment term by operation of law, Fales Grand General Trading LLC can charge legal interest on the invoice amount without giving notice of default.
c) The customer will bear any costs incurred for the collection of outstanding invoices.

Article 6 – Retention of title

a) The goods supplied by Fales Grand General Trading LLC. shall remain the property of Fales Grand General Trading LLC. until the Customer has fulfilled all its obligations under the contract, including payment of the full purchase price.

b) The Customer can sell or use the goods in the normal course of its business, but cannot pledge or encumber the goods in any other way.

c) If the Customer fails to fulfill its obligations under the contract, Fales Grand General Trading LLC can take back the goods, and the Customer must cooperate in the recovery of the goods.

Article 7 – Warranty and Liability

a) The customer must give written notice of defects in the goods or services supplied within a reasonable time of discovery, but no more than three months after delivery. Fales Grand General Trading LLC will only be liable for these defects if the customer meets these requirements.

b) Fales Grand General Trading LLC will repair or replace defective goods or re-perform services, at their own discretion, as the limit of their liability.

c) The supply of goods or services by Fales Grand General Trading LLC will not cause any indirect or consequential damages, such as loss of profits, loss of business, or loss of goodwill.

Article 8 – Governing Law and Jurisdiction

a) The laws of the United Arab Emirates govern and construe all contracts between Fales Grand General Trading LLC. and the Customer, including these General Terms and Conditions.

b) The courts of United Arab Emirates have exclusive jurisdiction to resolve disputes arising out of or in connection with these General Terms and Conditions or any contracts between Fales Grand General Trading LLC. and the Customer.