1. FIELD OF APPLICATION
In the absence of a written agreement stipulates the contrary, the provisions and terms of this document shall prevail over any Products the Selle sells to the Buyer.
In case of the existence of any other written agreement between the Buyer and the Seller regarding the sale of the Products, the provisions of the said agreement shall prevail.
2. PRODUCTS SUPPLY
The Seller undertakes to supply the Products in accordance with the orders submitted by the Buyer as specified in Clause (3) of this Document and in accordance with the agreed upon prices.
3. ORDERS
a. The Seller shall supply the Buyer with the Products in accordance with the order(s) submitted by the Buyer within a period not exceeding 3 working days starting from the date on which the Buyer receives the order(s).
b. Each order must:
- Be given in writing or, if given orally shall be confirmed in writing within (24) hours,
- Specify the type and quantity of the ordered Products; and
- Specify the date(s) on which the order must be delivered, and the delivery location(s).
c. The Buyer may before a Period not exceeding (24) hours after submitting the order amend of cancel such an order by written notice to be sent to the Seller. The Buyer has no right to amend or cancel any order after the lapse of the aforementioned period except with the Seller’s prior written approval.
4. ACCEPTANCE OF THE PRODUCTS
a. The Buyer undertakes to inspect the Products upon the delivery from the Supplier; the approval of the Buyer to receive the Products is considered a clear waiver to his rights to file any claim in respect of apparent defects or damage. Should the Seller recognize that the supplier goods do not comply with the standards agreed upon; the Seller’s responsibility shall be limited to the replacement of the supplied Products or the refund of the price as determined by the Seller and without the Buyer’s right to claim for any compensation.
b. The return of any delivered Products to the Seller will not be accepted unless the prior written of the Seller is obtained.
c. The Buyer or his representative in writing undertakes to sign on the Products’ delivery confirmation in the form issued by the Seller. Deliveries shall not take place in the absence of this aforementioned delivery confirmation.
5. PAYMENT
a. The Seller shall provide the Buyer with the invoice representing the price of the Products within 2 days from the delivery date. The Buyer thereafter shall pay the Products prices prescribed in the invoice upon the timeframe agreed upon with the Seller from the date of receiving the Seller’s invoice.
b. Any late payment of the invoice will result automatically, with no formal notice, in the Buyer incurring liability to pay a monthly penalty for late payment at the rate of 5% (five percent) of the invoice’s total amount calculated from the due date. In case the invoice is not been paid by the Buyer within a period of 30 days from the due date, all outstanding invoices shall be paid immediately to the Seller unless agreed otherwise in writing.
c. In the event of non-payment of the price of any order by the Buyer in accordance to the provisions of Clause (5) of this Document, the Seller has the right to suspend or terminate any existed contracts with the buyer, including any undelivered orders.
d. In case the Buyer’s known financial standing deteriorates seriously, in which the collection of the Buyer’s outstanding debts are not guaranteed, the Seller has the right to cancel or suspend all orders and require any guarantees including, the cash payment of any outstanding invoices once a written notice is delivered.
6. RESERVATION OF OWNERSHIP
a. With regards to the Seller’s domestic sales, the sold Products shall remain the property of the Seller until payment in full covering both the price and the accessory items has been made. The risk attached to the Products passes to the Buyer on delivery of the Products and remains the Buyer’s risk notwithstanding ownership remain with Seller.
b. Sale of Products shall not confer to the buyer any industrial or intellectual property rights on the Products or on the trade marks.
7. LIABILITY
a. Any loss or damage affecting the Products or any property belonging to the Seller or to a third party occurring before, during or after the loading or unloading operations because of the Buyer or any person acting in connection with it, shall be reimbursed by the Buyer.
b. The Products delivered by the Seller conform to the rules and regulations in effect, the Buyer alone being responsible for receiving and sorting them and for their use under conditions confirming to the rules and regulations.
c. Technical specifications which the Buyer is obliged to take notice before using the products, are given only as indication and despite the technical assistance which may be given by the Seller, the Buyer will alone be liable for damages resulting from use of Product, the Seller being not responsible for such use and results.
d. The Buyer shall comply with all laws governing its activity, and consequently fully assume all administration and legal consequences in case non compliance with these regulations, without the Seller’s liability to be involved.
8. SAFETY
Pursuant to the legal provisions, the safety data sheet may be sent in response to a simple request send to the Seller.
9. FORCE MAJEURE
Neither of the parties shall be liable to the other because of a shortcoming, delay or omission in total or partial execution of an order insofar as the said failure originates in or results from force majeure event pursuant to the Jordanian Civil Law.
10. ASSIGNMENT OF JURIDICTION
The Courts of Amman (Qaser Al-Adel) shall be the competent Court to rule on any dispute arising in connection with offers, orders, sales and contracts.
The governing laws shall be the Hashemite Kingdom of Jordanian laws.
Should a third party bring an action against the Buyer in any other court, the Buyer waives the right to claim for compensation from the Seller before any Courts other the Court of Amman (Qaser Al-Adel).