1      DEFINITIONS

“Company” shall mean Tabbara Electronics LLC and its permitted assigns (alias TE).

“Purchaser” shall mean a person, firm or company whose order for Products is accepted by Tabbara Electronics.

“Products” shall mean any item of hardware, engineering design or documentation that TE has agreed in writing to supply to the Purchaser.

“Software” shall mean any computer program or other software which Company has agreed in writing to supply to the Purchaser.

Clause headings are for ease of reference and do not form part of nor shall they affect the interpretation of these conditions. Where the context so admits or requires words, denoting singular include the plural and vice versa and words denoting any gender includes all genders.

2      TERMS AND CONDITIONS

Unless otherwise expressly agreed in writing all orders and contracts are entered into based on these Conditions to exclusion of all others set out or referred to in any document or communication and in writing.

3      GENERAL

• By placing an order with Tabbara Electronics LLC, the purchaser acknowledges that he has read and understood the terms and conditions herein and agrees to be bound by them.
• The purchaser’s comments, objections and complaints, if any, to TE’s terms’ and conditions of sale shall be made in written prior to the submission of the order to Tabbara Electronics.
• The modification, the addition or the subtraction to these terms and conditions shall be binding to TE only if TE has authorized the change in writing with a signed verification by an Officer here at TE.
• The purchaser contacting TE to place an order on behalf of the purchasing company is assumed to have the requisite to place the order and deal on the behalf of the purchasing company, and has an affirmative determination that the order placed with TE abides by the herein terms and conditions.
• These terms and conditions, rights and duties of the parties will be governed and interpreted in accordance with the law of United Arab Emirates exclusively.
• Supply of equipment is subject to end-user approval, local TRA authorities, CID approval on export, and stock availability.
• Software supply is subject to prior written approval, no returns nor refunds will be granted for these purchases.

4      QUOTATIONS AND ACCEPTANCE

Quotations are valid for thirty days unless otherwise stated in writing and represent no obligation from either parties until we accept the purchase order from the client. We reserve the right to reject or postpone the acceptance of any order for clarification, stock availability or lack of information to proceed with the order, or dishonored payment terms. Any changes to order will need to be requested in written and must be approved by an authorized TE Officer.

Some handling fees apply during order preparation, enlisted as follows:

• Inspection fee: 250.00$USD
  If the purchaser requires an inspection before the shipment of the goods, the purchaser is responsible for the cost, for coordinating and contacting inspection agencies, all in accordance with TE’s personnel. The inspection date can only be confirmed in writing from TE’s authorized personnel.
• Orders below 275.00$USD will have a processing fee of 30.00$USD
• Certificate of origin declaration (COO): 50.00$USD
• Order handling fee: flat rate per order, applicable on special orders placed for out of stock items.
  
• Order value: below 2,300$ – handling fee will be 200.00$ USD
• Handling fee waived if the order value is equal or higher to 2,300.00$
  In the case where TE performs reliability calculations based solely on information supplied by or on behalf of the purchaser, without a physical site-survey, it is understood that these calculations are done for budgetary purposes only. TE shall not be responsible for the installation of the equipment acquired, any interference cases due to the environment hosting the system or due to errors and omissions in such data.
  Any changes in the system design, site locations, disturbance of terrain, installation of a third party to non-TE acquired products, additional frequency interference sources shall not be the responsibility of Tabbara Electronics to amend nor to bear.

5      PRICES AND PRICE VARIATIONS

We reserves the right to vary the price prior to acceptance of an order, if the quotation is outside of its validity period, or between the acceptance of an order and the actual delivery date (including but not limited to variations linked to exchange rate, transport costs, taxes, or where the cost increase is due to any act or default of the Purchaser).

If, as a consequence of any breach of these conditions by the Purchaser or by reasons of the incorrect supply of information by the Purchaser, TE has to incur extra costs then these extra costs shall be charged to the purchase at the prevailing commercial rates of TE.

6      DELIVERY AND PICK-UPS

• Any delivery period quoted is an estimate only and commences from the payment receipt acknowledgement of the Purchaser’s order. Provided that TE takes all reasonable endeavors to deliver the Products at the time stated then the TE shall be under no liability for failure to do so.
• TE reserves the right to deliver in more than one consignment and to invoice each consignment separately.
• Where an estimated delivery date is dependent on third party approval or grant to the Purchaser of an operating license then the Company shall be under no liability to deliver within the estimated or contracted delivery period. All products will be packed according to the Company’s normal practice. The Company reserves the right to alter the method of packing in respect of individual orders.
• The purchaser is responsible to pick-up the goods from the warehouse or storing facility. TE does not offer delivery services free of charge.
• TE shall not be liable for delays in whole or in part to any cause beyond its reasonable control, including but not limited to, actions or inactions of government whether in its sovereign or contractual capacity, judicial action, war, civil disturbance, insurrection, sabotage, act of a public enemy, labor difficulties or disputes, failure or delay in delivery TE suppliers or subcontractors, transportation difficulties, shortage of energy, materials, labor or equipment, accident, fire, flood, storm or other act of God, or Purchaser’s fault or negligence.
• Circumstances which preclude any claim for compensation based on a delayed delivery date due to force majeure or due to uncontrollable circumstances. TE is not responsible for the goods during transit towards the purchaser. If TE should provide the purchaser with a shipping quote from a local freight company, the purchaser must specify his desire to insure the goods before shipping the items.
• TE shall not be responsible for any losses or damages caused by the products or software purchased from TE, neither for loss of production, profit or any other consequential economic loss. TE will provide the purchaser who wishes to export goods with the proper documents such as: Stamped and signed invoice, packing list, COO (refer to clause 4 for detailed fees). It is the purchaser’s responsibility to issue the appropriate import and export licenses from/into the country of delivery.
• Should the purchaser fail to give TE delivery instructions, TE shall be entitled (but not bound to) store the products and shall have deemed to have passed the risk in the products to the purchaser. Payment for the products and any storage charge levied shall be due forthwith.

7      PAYMENT

Unless otherwise agreed in writing, the payment against the total value for the products purchased must be settled in full by the purchaser with the purchase order. The order will not be confirmed unless the payment has been received in total.

8      TITLE AND RISK

Title in the Goods shall not pass to the purchaser until the Tabbara Electronics LLC has been paid in full for the Goods.

Risk in the goods shall pass to the Purchaser at the point of delivery whether or not the transaction is deemed to be on the Purchaser’s or the Company’s site.

9     ORDER CANCELLATION

All cancellations must and are subject to be approved by Tabbara Electronics LLC. Restocking charges will be determined based on whether the product is a stock versus non-stock item. A minimum restocking charge of thirty five percent (35%) of the net price will apply.

If the order cancellation takes place a week after the PO date, the entire value of the order will be charged to the customer.
The purchaser is to reimburse TE with any cost affecting the cancellation of an order, both freight and manufacturer’s reimbursements.

10    WARRANTY

If any defect in the material from which the goods are made or fault in manufacturing shall be found and be reported to TE in writing within a period of twelve months from the date when the goods are invoiced, or such other period as is expressly agreed in writing by TE. Manufacturer’s warranty does not apply to any damages sustained in transit.

Shall cease to have effect if the goods have been used for any purpose other than that for which they were intended or otherwise than in accordance with the Company’s instructions, or have been wrongly installed by the Purchaser or a third party to whom the goods may have been directly or indirectly supplied by the Purchaser or stored in improper conditions, or, if installed by Company, removed from such place of installation or otherwise tampered with or if the Company’s trademark or serial number has been removed, defaced or altered.