Standard term & conditions for sales of mobile scaffold.
1.1 "Buyer" means the individual or organization who buys or agrees to buy the goods from the seller. 1.2 "Goods" means the articles that buyer agrees to buy from the seller. 1.3 "Seller" means ASCEND ACCESS SCAFFOLDING LLC, Dubai, U.A.E. 1.4 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
These terms and conditions apply to all contracts for the sale of goods by the seller to the buyer and prevail over any other documentation or communication from the buyer. Acceptance of delivery of the goods is deemed conclusive evidence of the buyer's acceptance of these terms and conditions. Any variation, including any special terms agreed between the parties, is inapplicable unless agreed in writing by the seller.
Where the goods ordered by the buyer are not available from stock, the buyer shall be notified and given the option to either wait until the goods are available from stock or cancel the order.
Interest on overdue invoices shall accrue from the date when payment becomes due at the rate of five percent per month until the date of payment.
The seller reserves the right to adjust the price and specification of any item on the website at its discretion. The seller shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
Orders for ex-stock items received by Saturday to Thursday will be dispatched the next day and delivered according to the service level required. Every effort is made by the seller and courier to deliver within the specified time, but delivery dates cannot always be guaranteed. The seller will use reasonable endeavors to meet any agreed delivery date, however time is not of the essence and the seller is not liable for losses, costs, damages, or expenses arising directly or indirectly from failure to meet an estimated delivery date. Delivery shall be made to the buyer's specified address, the buyer must make all arrangements necessary to take delivery, and title and risk in the goods pass to the buyer upon delivery.
The buyer shall inspect the goods immediately upon receipt and notify the seller immediately if the goods are damaged or do not comply with the contract. Where a claim of defect or damage is made, the goods shall be returned to the seller and the buyer is entitled to a full refund, including delivery costs and return postal charges, if the goods are defective. Consumers may cancel the contract within seven working days from the day after receipt of the goods by informing the seller in writing or by email. Returned goods are at the buyer's cost and must be adequately insured during the return journey. Refunds are issued within thirty days of cancellation. If returned goods are found to be damaged due to the buyer's fault, the buyer is liable for the cost of remedying such damage.
No waiver by the seller, whether express or implied, in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply. In such cases the seller is entitled to a reasonable extension of its obligations.
If any term or provision of these terms and conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, that provision shall be severed and the remainder of the provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had been eliminated.
The purchaser represents that they have an insurance program that adequately protects their interests, and those of their employees and agents, including damage to plant, property, and equipment, and personal injury of any kind directly or indirectly related to the scaffold tower, service repair, or parts supplied by the seller. Accordingly, the purchaser waives any related claim against the seller and, on behalf of its insurance company, any right of subrogation in connection therewith.
Ascend Access Systems warrants the scaffold sold hereunder to be free from defects in material and workmanship and agrees to repair or replace any parts within one year of final acceptance if there is a manufacturing defect. There is no warranty if any part is broken because of falling from height. The buyer should use the stabilizer or tie the tower if it is above 4 mtr working height. If on-site technical service is non-warranty, labor and parts are added to these charges. In no event shall the seller be liable for incidental, special, or consequential damages of any kind or nature whatsoever. All warranties are exclusive of transport to and from Ascend Access System UAE.
It is understood and agreed that the seller's liability, whether in contract, tort, under any warranty, in negligence, or otherwise, shall not exceed the return of the amount of the purchase price paid by the purchaser. Under no circumstances shall the seller be liable for special, indirect, incidental, or consequential damages. The stated price for the scaffold tower is part of the consideration in limiting the seller's liability. The buyer's entire and exclusive remedy is limited to repair or replacement of the defective part or product within the warranty period.
Except where noted otherwise, the price displayed for products on the website represents a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
These terms and conditions shall be governed by and construed in accordance with the law of U.A.E. and the parties hereby submit to the exclusive jurisdiction of the Dubai Court.
