Terms and Conditions – Misar Trading Co. LLC
1.CONTRACT TERMS, VARIATIONS AND REPRESENTATIONS
(a) In these conditions, “the Seller” means Misar Trading Company as may sell the Goods; “the Buyer” means the individual, firm, company or other party with whom the Seller contracts; “the Goods” means the Goods (including any installment of the Goods) which the Seller is to supply in accordance with th0.supply or carry out; “the Contract” means any contract under which the Seller provides Services and/or sells the Goods to the Buyer; “Supply” includes (but is not limited to) any supply under a contract of sale.
(b) No order in pursuance of any quotation or otherwise shall be binding on the Seller unless and until such order is accepted by the Seller. Any Contract made between the Seller and the Buyer shall be subject to these conditions and save as after mentioned no representative or agent of the Seller has authority to agree any terms or make any representations inconsistent with them or to enter into any contract except on the basis of them; any such term representation or contract will bind the Seller only if in writing and signed by an authorized signatory of the Seller.
(c) Unless otherwise agreed in writing by the Seller these conditions shall apply to the exclusion of any terms and conditions stipulated or referred to by the Buyer in his order or pre-contract negotiations or any inconsistent terms implied by law or trade custom, practice or course of dealing.
(d) Any general description contained in the Seller’s catalogues or other advertising material shall not form a representation or be part of the Contract.
(e) Where the Seller has not given a written acknowledgment of the Buyer’s order these conditions will nonetheless apply to the Contract provided that the Buyer has had prior notice of them.
(f) The Seller reserves the right to correct any clerical or typographical errors made by its employees at any time.
(g) In case of any disputes the law applicable would be based on the UAE Governing Law.
- SPECIFICATION, INSTRUCTIONS OR DESIGN
(a) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods or Services within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
(b) If the Goods are made to a specification, instruction or design supplied by the Buyer or any third party on behalf of the Buyer then (i) the suitability and accuracy of that specification, instruction or design will be the Buyer’s responsibility; (ii) the Buyer will indemnify the Seller against any infringement or alleged infringement of any third party’s intellectual property rights including but not limited to patent, design right, registered design, trademark, trade name or copyright and any loss, damage or expense which it may incur by reason of any such infringement or alleged infringement in any country; (iii) the Buyer will indemnify the Seller against any loss, damage or expense in respect of any liability arising in any country by reason of the Goods being made to such specification, instruction or design.
- QUOTATIONS AND PRICES
(a) The Seller shall be entitled to increase its prices at any time to take account of any increase in the cost to the Seller of purchasing any goods or materials or manufacturing working on or supplying any goods (including but not limited to any such increase arising from any error or inadequacy in any specification, instructions or design provided by the Buyer, any modification carried out by the Seller at the Buyer’s request or any change in exchange rates) and such increased prices ruling at the date of dispatch by the Seller shall be substituted for the previous Contract price.
(b) All prices quoted are exclusive of any delivery or handling charges and the Buyer shall pay any and all taxes duties and other government charges payable in respect of the Goods and/or Services.
(c) All prices shown are in DIRHAM (AED) unless otherwise stated.
- ORDERS & DELIVERY
- a) Unless otherwise agreed in writing by the Seller, the Seller shall deliver the Goods by the means most convenient to the Seller to the address or addresses specified by the Buyer at the time of placing his order or (in the event that the Buyer fails so to specify an address) to any address at which the Buyer resides or carries on business. The Seller shall be entitled to add to the contract price a reasonable charge for packaging and delivery. Off-loading shall be at the Buyer’s expense.
- b) If the Contract requires the Buyer to take delivery of the Goods at the Seller’s premises the Seller shall notify the Buyer of the collection date (being the date on which the Goods are or will be ready for delivery) and the Buyer shall take delivery of the Goods within 7 days of the collection date. Loading of the Goods shall be at the Buyer’s expense.
- c) Should the Seller be delayed in or prevented from making delivery of the Goods or carrying out the Services due to any cause whatsoever beyond the reasonable control of the Seller the Seller shall be at liberty to terminate the Contract or suspend the order placed by the Buyer without incurring any liability for any loss or damage arising therefrom, but without prejudice in any such case to rights accrued to the Seller in respect of deliveries already made.
- d) While the Seller will endeavor to deliver the Goods or complete the Services by any date or within any period agreed upon, such dates and periods are estimates only given in good faith and the Seller will not be liable for any failure to deliver the
- e) If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated
- f) As soon as your order is dispatched we will notify you by e-mail. If it is not possible to deliver your order within the allotted
- g) Should your order consist of multiple items, some stating a longer lead time than others, we will endeavor to dispatch in
- h) Misar Trading Company will deliver across the UAE within 2-3 Working days. This includes Dubai, Abu Dhabi, Al Ain, Sharjah, Ajman,
- i) Misar Trading Company will bill your credit card as soon as you place an order with us. We carry this out to ensure that we can deliver at your chosen delivery time. If on occasion a product may be unavailable after processing your order and billing your credit card we will provide you with an option to consider selecting an alternative product or opting for a refund should we be unable to determine when the product you want may be back in stock. It may take up to  days for a refund to be credited back to your card.
- RISK IN THE GOODS
(a) Save in the case of International Supply Contracts and subject to any agreement in writing by the Seller, the risk in Goods which the Seller agrees to supply shall pass to the Buyer on (i) delivery or (ii) the date on which, the Goods being ready for delivery, delivery is postponed at the Buyer’s request, whichever shall first occur. Delivery shall be deemed to be completed before off-loading or (in the case of delivery at the Seller’s premises) loading of the Goods.
(b) All other goods shall be at the Buyer’s sole risk at all times, and the Seller shall not be liable for any loss of or damage sustained by any goods left with the Seller howsoever caused and whether or not attributable to negligence on the part of the Seller or negligence or willful default on the part of any servant or agent of the Seller.
- PRICE & PAYMENT
(a) The Price shall be the Seller’s quoted Price. The Price is shown is same which shall be due at the rate ruling on the date of the Seller’s invoice.
(b) The Seller reserves its right to change and vary its stated Price.
(c) To enable the Buyer’s order to be accepted, payment in full including any carriage charges must be received by the Seller. The Seller shall not be required to process the order until payment is made.
(d) You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a fraud protection agency, which may keep a record of that information
(e) Misar Trading Company accept Master and Visa Credit and Debit Cards.
(f) Currency accepted on our website for a transaction will be AED only.
If your purchase is found to be faulty within 3 days of purchase, please contact Misar Trading Company by email on firstname.lastname@example.org. We will recommend the best course of action to get the issue resolved. If your purchase is outside the 3 day period you are still covered by the manufacturer’s warranty, the procedures for each of the main manufacturers is detailed below.
PLEASE NOTE – The guarantee does not apply where:
- Repairs have been made or attempted by others.
- Repairs are required because of normal wear and tear.
- The tool has been abused, misused or improperly maintained.
- Alterations have been made to the tool.
- This does not affect your statutory rights.
- LIMITATION OF LIABILITY
(a) The Seller will have no liability for damage in transit, shortage of delivery or loss of Goods unless the Buyer shall have given to the Seller written notice of such damage, shortage or loss with reasonable particulars thereof within 3 days of receipt of the Goods or (in the case of total loss) of receipt of the invoice or other notification of dispatch. The Seller’s liability, if any, shall be limited to replacing or (in its discretion) repairing such Goods and it shall be a condition precedent to any such liability that the Buyer shall if so requested provide authority for the Seller’s servants or agents to inspect any damaged Goods within 14 days of such request.
(b) The Seller will have no liability for any consequential loss arising out of any damage in transit shortage of delivery or loss of Goods.
(c) (i) Save as otherwise provided in these conditions the Seller’s liability in respect of any defect in or failure of Goods whether the Supplier’s own branded Goods or third party Goods procured and supplied by the Supplier to the Buyer is limited to replacing or (in its discretion) repairing or paying for the repair or replacement of such Goods which, (in the case of defects apparent upon inspection) within 21 days of delivery and (in the case of defects not so apparent) within 12 months of delivery to the Buyer are found to be defective or fail or are unable to perform in accordance with the Contract by reason of faulty or incorrect design workmanship parts or materials. (ii) In the event of any error in any weight, dimension, capacity, performance or other description which has formed a representation or is part of a contract the Seller’s liability in respect of any direct loss or damage sustained by the Buyer as a result of such error shall not exceed the price of the Goods in respect of which the description is incorrect. (iii) The Seller shall honour the terms of any guarantee provided by the third party manufacturer of which the Buyer has the benefit by virtue of it having purchased such Goods PROVIDED ALWAYS that the Buyer shall have complied with all and any terms imposed by the manufacturer’s guarantee. (iv) The Seller shall have no other or further liability in respect of any direct or consequential loss or damage sustained by the Buyer arising from or in connection with any such defect failure or error as aforesaid.
(d) Where the Seller agrees to repair or replace Goods in accordance with the foregoing provisions of this clause 8 or otherwise any time specified for delivery under the Contract shall be extended for such period as the Seller may reasonably require.
(e) All Goods sold by the Seller are supplied with the benefit of the terms implied by section 12 of the Sale of Goods Act 1979. Subject thereto, and whether or not the Contract is a contract of sale, all other conditions, warranties and other terms express or implied, statutory or otherwise, are expressly excluded, save insofar as contained herein or as otherwise expressly agreed by the Seller in writing PROVIDED that if and insofar as any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the Contract any term or shall have made unenforceable any attempt to exclude any such term, the foregoing provisions of this paragraph will not apply to any such term.
(f) Nothing in these conditions shall exclude or restrict any liability that the Seller may have by virtue.
- RETENTION OF TITLE
(a) The following provisions shall apply to all contracts other than International Supply Contracts and to all Goods which under the Contract the Seller agrees to supply to the Buyer. No failure by the Seller to enforce strict compliance by the Buyer with such provisions shall constitute a waiver thereof and no termination of the Contract shall prejudice limit or extinguish the Seller’s rights under this paragraph. (i) Upon delivery of the Goods the Buyer shall hold the Goods solely as bailee for the Seller and the Goods shall remain the property of the Seller until such time as the Buyer shall have paid to the Seller and the Seller shall have cleared funds for the full purchase price thereof. Until such time the Seller shall be entitled to recover the Goods or any part thereof and for the purpose of exercising such rights the Buyer hereby grants a license to the Seller its employees and agents with appropriate transport to enter upon the Buyer’s premises and any other location where the Goods are situated and remove the Goods. (ii) The Buyer is hereby granted a license by the Seller to incorporate the Goods in any other products. (iii) The license granted under sub- clause (i) hereof shall extend to detaching the Goods from any property to which they are attached or into which they have been incorporated or from any other products or Goods to which they have been attached pursuant to the license granted under sub- clause (ii) hereof. (iv) The Buyer is hereby licensed to agree to sell on the Goods and any products incorporating any of them on condition that the Buyer shall inform its customer of the provisions of sub-clauses (i)-(iii) hereof. The Buyer acts as the Seller’s bailee in respect of any such sale and shall, immediately upon receipt of the proceeds of sale, and whether or not payment has become due under clause 6 hereof, remit to the Seller the full purchase price of the Goods sold on less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent for the Seller. (v) The Buyer shall maintain all appropriate insurance in respect of the Goods from the date or dates on which the risk therein passes to him. In the event of any loss or damage occurring while the Goods remain the property of the Seller the Buyer shall immediately on receipt of the insurance monies, remit to the Seller the full purchase price of the Goods lost or damaged less any part thereof which has already been paid and until such mount has been so remitted shall hold such amount as trustee and agent for the Seller. For the avoidance of doubt the provisions of this sub-clause do not affect the Buyer’s obligations under clause 6 hereof. (vi) The licences granted under sub-clauses (ii) and (iv) above shall be terminable forthwith at any time upon notice by the Seller to the Buyer. In the case of International Supply Contracts property in the Goods shall pass to the Buyer on delivery.
- USE AND SAFE HANDLING
(a) The Buyer warrants that it will pass on to all third parties to whom it may supply the Goods or any of them all information as to the use and safe handling of such Goods as may have been provided to the Buyer by the Seller.
(a) The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
The shipment of our company would not be given to the sanction countries like Afghanistan, Iran, Israel, North Korea, Somalia, Sudan, Syria and Yemen.
- Responsibility of Website Visitor
The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Misar Trading Company disclaims any responsibility for any harm resulting from the use by visitors of the Website.
- Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Speedextools.com links, and that link to Speedextools.com. does not have any control over those non- Misar Trading Company websites and webpages, and is not responsible for their contents or their use. By linking to a non- Misar Trading Company website or webpage, Misar Trading Company does not represent or imply that it endorses such website or webpage. Misar Trading Company disclaims any responsibility for any harm resulting from your use of non Misar Trading Company websites and webpages. Your privacy is extremely important to us. We won’t ask you for personal information unless we truly need it. (When we do ask for your information it is usually to ensure that we’re dealing with real people and not a Fake!). We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights. If you have questions about accessing or correcting your personal data please get in touch with us through any of the ways listed at the Misar Trading Company Contact Us. It is Misar Trading Company policy to respect your privacy regarding any information we may collect while operating our website.
- Gathering of Personally-Identifying Information
Certain visitors to Misar Trading Company websites choose to interact with Misar Trading Company in ways that require Misar Trading Company to gather personally-identifying information. The amount and type of information that Misar Trading Company gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account to provide a username and email address. Those who engage in transactions with Misar Trading Company are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Misar Trading Company collects such information only in so far as is necessary or appropriate to fullfil the purpose of the visitor’s interaction with Misar Trading Company. Misar Trading Company does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
- Aggregated Statistics
Misar Trading Company may collect statistics about the behavior of visitors to its website. For instance, Misar Trading Company may monitor the most popular products on the website Misar Trading Company s may display this information publicly or provide it to others. However, Misar Trading Company does not disclose personally-identifying information other than as described below.
- Protection of Certain Personally-Identifying Information
SpeedexTools discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that need to know that information in order to process it on Misar Trading Company behalf or to provide services available at Misar Trading Company website, and that have agreed not to disclose it to others.
“All credit/debit cards’ details or information will NOT be collected, stored, sold, shared, rented or leased to any third parties”.
Other than to its employees, contractors and affiliated organizations, as described above, Misar Trading Company discloses potentially personally-identifying and personally-identifying information only in response to a subpoena or court order, or when Misar Trading Company believes in good faith that disclosure is reasonably necessary to protect the property or rights of Misar Trading Company, third parties or the public at large. If you are a registered user of the website and have supplied your email address, Misar Trading Company may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Misar Trading Company and our products which will primarily be on our Special Offers.
- Copyright Infringement
As Misar Trading Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Misar Trading Company violates your copyright, you are encouraged to notify Misar Trading Company. Misar Trading Company will respond to all such notices, which may include as required or appropriate removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Misar Trading Company or others, Misar Trading Company may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Misar Trading Company will have no obligation to provide a refund of any amounts previously paid to Misar Trading Company
- Intellectual Property
This Agreement does not transfer from Misar Trading Company to you or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with Misar Trading Company. Misar Trading Company, Misar Trading Company, the Misar Trading Company logo, and all other trademarks, service marks, graphics and logos used in connection with Misar Trading Company, or the Website are trademarks of Misar Trading Company. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Misar Trading Company or third-party trademarks.
Misar Trading Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Misar Trading Company may also, in the future, offer new services and/or features through the Website (including the release of new tools). Such new features and/or services shall be subject to the terms and conditions of this Agreement, as may be amended from time to time.
Misar Trading Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice. If you wish to terminate this Agreement or your Misar Trading Company account (if you have one), you may simply discontinue using the Website. In addition, Misar Trading Company can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.