TERMS & CONDITIONS
PAYMENT, REFUND, WARRANTY AND EXCHANGE TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR CUSTOMER
1.1 Prices for the items mentioned on the Order Confirmation (“Order Value”) are inclusive of Value Added Taxes (VAT). Such VAT shall be paid by Customer. Customer shall make advance payment for the amount corresponding to 100% of the Order Value and/or full payment of the Order Value immediately after receiving the Order Confirmation specifying the items ordered (“Goods”). Goods shall not be delivered unless the Order Value is paid in full.
1.2 Easa Saleh Al Gurg Tyres, Batteries & Accessories (ESAG TBA) shall deliver the Goods in stock subject to receipt of the full payment of the Order Value from the Customer.
1.3 Subject to Clauses 1.1, 1.2, and 2.1 mentioned hereunder, the Order shall be binding between ESAG TBA and the Customer once ESAG TBA has issued the Order Confirmation.
2.1. ESAG TBA reserves the right to cancel the Order: if Customer fails to take possession of the Goods after 14 days from the date of Order Confirmation even after making the full payment.
if Customer fails to take possession of the Goods after 14 days from the date of Order Confirmation even after making the full payment.
2.2 In case of cancellation of the Order by ESAG TBA, the Goods shall be treated as free-stock for re-sell. In such case ESAG TBA shall reserve the right to forfeit any amount paid by the Customer including any bank charges paid via credit card.
2.3 If the Customer cancels the order within 24 hours from the date of Order Confirmation, ESAG TBA shall refund the amount that has been paid by the Customer except of any bank charges paid via credit card (2.05%).
2.4 If the Customer cancels the order after 2 (two) calendar days from the date of Order Confirmation, ESAG TBA will reimburse the amount in the form of online store credit to the customer.
2.5 Exchange or return by Customer shall not be accepted for Goods delivered.
2.6 In case of any delay arising from the manufacturers, suppliers and/or carriers, Easa Saleh Al Gurg Tyres, Batteries & Accessories shall not be liable and responsible for any such delays.
3.1 Delivery dates, as agreed, may be revised by Easa Saleh Al Gurg Tyres, Batteries &Accessories from time to time based on availability of Goods.
3.2 Storage of the Goods in Easa Saleh Al Gurg Tyres, Batteries & Accessories’ warehouse shall be free of charge for the first 7-14 days calendar days from the Order Confirmation for Goods in stock. Thereafter, ESAG TBA reserves the right to charge a daily storage fee (“Storage Fee of 1 %”). For Special Orders, Storage Fee shall be charged @ 1 % of the Order Value starting from the date on which ESAG TBA receives Goods in its Warehouse.
3.3 Easa Saleh Al Gurg Tyres, Batteries & Accessories shall inform the Customer as to the date and time of delivery. ESAG TBA and/or its employees shall not be held liable for any damages due to any loss, theft or damage caused to the Customer’s property/properties or delivered Goods after delivery or installation (if installation forms part of the scope of work). Charges apply if the customer is not at home to receive the order.
3.4 In case of cancellation as per Article 2.1, Easa Saleh Al Gurg Tyres, Batteries & Accessories, will deduct the Storage Fee and bank charges (2.05%) for credit card payments.
Force Majeure shall mean an act of god, including but not limited to fire, floods, storms, hurricanes, volcanic activities, or earthquakes, as well as acts, orders or request of a sovereign or a government and/or of anybody purporting to be or to act for such authority, wars, whether declared or not, war -like actions, revolutions, riots, civil insurrections, or civil commotions, as well as strikes, lock outs, and/or similar actions in labour disputes, pandemics, epidemics, rapidly spreading and/or infectious disease(s) and any other cause beyond the control of a Party unless its performance has been expressly guaranteed by expressly waving the exemption of a force majeure event.
Neither Party shall be liable for failure to perform its obligations under this Agreement if prevented by a Force Majeure event. A Party affected by a Force Majeure event shall provide notice to the other Party following its occurrence or the date on which such Party becomes aware that a particular event may be a Force Majeure event, and each Party shall use reasonable endeavors to mitigate the effects of any Force Majeure event.
These terms and conditions shall be governed by the Laws of the Emirate of Dubai and those of the United Arab Emirates. Any dispute, difference, controversy or claim arising out or in connection with this terms and conditions, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Small Claim Tribunal of the Courts of the Dubai International Financial Centre (“the DIFC Courts”). Each party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out or in connection with these terms and conditions being heard in the DIFC Courts on the ground that it is an inconvenient forum (forum non conveniens). Both Parties agree that either Party may apply to the DIFC Courts to transform the judgment into an Arbitration Award.