Terms an Conditions
VISIT: WWW.dashmeshintl.COM/DUBAI EMAIL: info@ditfze.COM Tel : +97145824777
Interpretation
The following definitions will apply in the interpretation of these terms and conditions:
“The Company” shall mean Dashmesh International Trading DWC-llc Limited .
“The Customer” shall mean the body, whether incorporated or unincorporated, which purchases or intends to purchase goods from the Company. “The Product” shall mean the goods sold or supplied by the Company to the Customer under these terms and conditions even where the Product is more in the nature of supply of services.
General
1.1 The terms and conditions shall govern all sales of any Products to any Customers by the Company and shall override any additional or conflicting conditions the Customer may attempt to impose.
1.2 No variation of these terms and conditions shall be valid unless agreed expressly and specifically in writing by the Company.
Eligibility and Entitlement
2.1 The Company strictly supplies only to individuals of legal age and genuine personnel serving the military or diplomatic corps across the world, or who has Diplomatic Privilege in their host country. The Company reserves the right to verify the Customer’s identity by requesting supporting documents and has the right to cancel or withhold orders from ineligible individuals.
2.2 The Customer is responsible for ensuring that they follow the wine, beer, spirit or beverage quota, or any other entitlement set forth by the Embassy, High Commission, Military affiliation or Organisation. The Company shall not be liable for any delay, expense, and repercussions arising from over-quota or breach of the specified entitlement.
Orders
3.1 Orders should be placed directly through the Company’s website and must clearly identify the product(s), pack sizes and quantity ordered. Orders sent via email to info@ditfze.com,
fax, or other electronic means to the Company’s authorized representative will be accepted provided that all efforts were exhausted by the Customer to place the order through the Company’s website or if the Customer does not have a capacity to do the online order.
3.2 The country of final destination must be quoted on all orders.
3.3 All orders received are subject to acceptance and availability of goods at the time of delivery by the Company. Substitutions for out of stock items will only be made with the Customer’s confirmation. The Pro-forma Invoice will be sent to the email address used by the Customer to place the order. The Customer must check their email address and approve the pro forma invoice. In case of a non-response, the Company reserves the right to dispatch the goods as per the pro-forma invoice with or without substitutions.
3.4 Each order shall be considered as a separate contract.
Cancellation Policy
4.1 Orders for Products listed in the brochure may be changed or cancelled up to 72 hours prior to the dispatch of Products from the Company warehouse without charge.
4.2 If a Customer should cancel an order for Products not listed in the main brochure and the Products have been specifically ordered from a third party, then the full price of the Products and any additional handling, transport, shipping or insurance costs committed and/or incurred at the point of cancellation will become the responsibility of the Customer and will be payable under the Payment terms outlined below.
4.3 Special packing or additional services and requests such as wooden crates, special pallets, reefer container, manpower, unloading, etc. must be approved by the Customer in advance and cannot be cancelled once arrangement(s) has been made by the Company to third-party provider(s).
4.4 Products subsequently returned to the Company premises following the cancellation of an order will become the property of the Company.
Prices
5.1 Prices charged are those determined by the Company at the time of shipment of the Product – any change in price against the order would be advised to the Customer prior to shipment.
5.2 Any typographical, clerical error or other omissions in any sales literature, price list, invoice or other document or information issued by the Company shall be subject to correction without any
liability on the part of the Company.
5.3 Prices are exclusive of VAT and taxes.
Delivery
6.1 All prices are quoted excluding delivery, insurance and related costs. Prices for Products based on FOB, CIF or any other incoterms are available on request for specific orders or enquiries.
6.2 All risks in relation to the Product will pass to the Customer upon receipt.
6.3 Products are sold either packed into cases onto pallets or hand-loaded into containers. The Customer should provide at its expense at the delivery point; adequate and appropriate equipment, storage space and manual labour for unloading and loading the Products.
6.4 The Customer shall inspect the Products at the time of delivery and claims for breakages will only be accepted if the Customer notifies the Company within ‘reasonable time’ not exceeding 3 working days after the delivery took place and the damaged Products and their packaging are kept for inspection.
6.5 Without prejudice to the foregoing the Company does not operate a “sale or return” policy on any of the Products supplied.
6.6 All references by the Company to the timing of delivery to the Customer are estimates. In no case shall the estimated time of delivery to the Customer become a term of the contract. Every reasonable effort will be made on the part of the Company to meet agreed times and location for delivery, shipment or collection. However, these cannot be guaranteed, and the Company shall not be liable for any loss caused by delay in delivery in the event of force majeure (9.1).
6.7 Every reasonable effort will be made by The Company to ensure Product availability to meet orders for shipment. Actual availability can only be confirmed when the Products for the order are assembled. The Company shall not be liable for any loss caused by the unavailability of Product ordered.
6.8 A freight amount shown on a Pro Forma invoice will be based on a specific shipping route. A freight amount will vary if a Customer wishes to alter the route. Any additional charge will be
added to the final invoice.
6.9 All delivery terms are subject to the rules of Incoterms 2010.
Products
7.1 The Company guarantees that all Products supplied conform in every respect to relevant UAE legislation.
7.2 However, it is the sole responsibility of the Customer to ensure that Products ordered are acceptable under the laws of the importing country concerning labelling, packaging, ingredients and any other considerations. The accuracy of any special Product requirement contained in the order is the responsibility of the Customer.
7.3 The Company will ensure that the Products supplied will have a minimum of 3 months shelf-life upon the shipment arrival to the port of destination. Requests for longer shelf life will be fulfilled as much as possible. However, the Company can only guarantee a minimum of 3 months expiry of Products from the shipment’s arrival to the port of destination, except in the unlikely event of force majeure.
Claims and Returns
8.1 As stated in ‘Delivery’ 6.4, the Customer, upon receipt, must inspect all Products. Any claim on the Company by the Customer based on any defect in the quantity, quality or condition of the Products must be reported in writing to the Company within three days of receipt; otherwise, the Products shall be deemed to have been accepted by the Customer.
8.2 Where there is a valid claim based on any defect of quality, the Company shall issue a credit note for no more than the invoiced price to the Customer for the Products not supplied and shall have no further liability to the Customer.
8.3 Goods returned by the Customer without the pre-authorised consent of the Company will not be accepted for credit. Furthermore, the Company reserves the right to refuse credit for the return of goods deemed to be outside a ‘reasonable period’ since purchase or where proof of original purchase is not available. The Company will also not accept goods for credit if they are out of condition, damaged, or where the best before date is within the specified period for any product category.
8.4 Uninsured Products are not eligible for any claims.
Force Majeure
An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the Company and which by the exercise of reasonable diligence
the Company was unable to prevent provided that event or circumstance is limited to the following:
(a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(b) ionizing radiation or contamination, radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
(c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
(d) earthquakes, flood, fire or other physical natural disaster; and
(e) strikes at national level or industrial disputes at a national level or strike or industrial disputes by labour not employed by Company, its subcontractors or its suppliers and which affect an essential portion of the delivery of Products.
9.1 The Company is not responsible for any failure to perform its obligations if it is prevented or delayed in performing those obligations by an event of force majeure.
9.2 Where there is an event of force majeure, the Company must immediately notify the Customer giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing the Company from or delaying it from performing its obligations and must use its reasonable efforts to mitigate the effect of the event of force majeure to fulfil its obligations.
9.3. Upon completion of the event of force majeure, the Company must as soon as reasonably practicable recommence the performance of its obligations under the contract of sale.
9.4 An event of force majeure does not relieve the Company and Customer from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
9.5 The Company has no entitlement and has no liability for: (a) any costs, losses, expenses, damages during an event of force majeure; and (b) any delay costs in any way incurred due to an event of force
majeure.
Payment
10.1 Payment is due within 30 days, or on receipt of the Product, whichever is earliest, or if specifically agreed in writing by the Company.
10.2 In the event that the Customer fails to make a payment to the Company when it becomes payable, the Company reserves the right to:
10.2.1 defer or cancel any further orders
10.2.2 charge interest at 3% per month
10.2.3 charge the Customer all expenses, including legal fees, which the Company may incur in recovering such outstanding sums.
10.2.4 take payment in advance on future orders.
10.3 At the discretion of the Company, the Customer may be granted Open Account facilities up to a specified credit limit and on completion of a satisfactory credit investigation. The Company reserves the right to withdraw such facilities without giving notice or reason to the Customer.
10.4 We accept payment in cash, cheque, bank transfer or by Visa/ Mastercard credit/debit cards.
10.5 The Company reserves the right to refuse to process a new order until any overdue invoices have been settled in full, including any extra fees incurred by the Customer. Details on page No4.
Retention of title and risk
11.1 Notwithstanding the passing of risk in the Products, the property in the Products shall not pass to the Customer until the Company has received payment in full, together with payment of all other sums outstanding between them in respect of this contract or otherwise.
11.2 Risk in the Products shall pass to the Customer when the goods are delivered by the Company or collected by the Customer. If the Company uses a third-party carrier the risk in the Products passes to the Customer when the Company delivers the goods to the carrier. Documentation
12.1 The Company shall give all reasonable assistance in obtaining the necessary documentation to accompany a shipment.
12.2 However, the Company cannot accept responsibility for the acceptance of these documents by the authorities in an importing country.
12.3 The Company reserves the right to charge the Customer for any documentation, inspection or other services supplied to the Customer in respect of their orders.
Jurisdiction
13.1 These terms and conditions shall be governed by the laws of UAE.
13.2 The Company may at any time assign or subcontract all or any of its rights or obligations under the Contract. The Customer shall not be entitled to assign the Contract or any part.