Terms and Conditions

I.                    General

These terms and conditions apply to all supplies of goods by General Trading & Equipment Co. (“GTE”), C.R. 2051020814, VAT# 300510652400003, ordered via the website parts.gte.sa (“this Site”) or by telephone or email. In the event of any inconsistency between these conditions and any other terms and conditions including (but not limited to) those in any purchase order, these terms shall prevail.

The placing of an order (including mobile, message, or email) with GTE shall constitute implicit acceptance of these terms and conditions of sale which can also be found on this Site.

 

II.                  Orders from this Site

The order process on this Site allows purchasers to check and amend any errors before sub- mitting an order to GTE. After an order is placed, purchasers will receive an e-mail acknowledging that the order has been received. There may be circumstances when GTE may be unable to supply a product, for example: because payment cannot be authorized, because the goods are not in stock (or no longer available), because a delivery date is unavailable, or because of an error in the price on this Site. In these circumstances GTE will inform the purchaser of this by email and the order will not be processed. If the purchaser has already paid for the goods, GTE will refund the full amount (including any delivery costs charged) as soon as possible.

 

III.               Prices

The price of goods supplied by GTE will be the price indicated on the order pages when an order is placed (for purchases made via this Site) or the price quoted by GTE (for orders placed by other means). All prices quoted by GTE are subject to change without notice. Unless otherwise stated prices are for a single consignment to a single address.

Whilst every effort has been made to ensure price list accuracy, no responsibility is accepted for any errors or omissions. The price charged shall be that current at the date of order (for purchases made via this Site) or at the date of dispatch (for orders placed by other means), in addition to the applicable VAT. VAT will be charged at the current rate.

 

IV.                Payment

Purchasers may pay for goods ordered via this Site using a credit or debit card, which will be charged when the order is placed. GTE will use its reasonable endeavors to ensure that all of the information that is provided by a purchaser when paying for goods is secure using an encrypted secure payment mechanism but, in the absence of GTE’s negligence, GTE will not be legally responsible for any loss that a purchaser may suffer if a third party gains unauthorized access to any information provided.

If the purchaser chooses “Cash on Delivery” as payment method, the purchaser shall be obligated to pay the amount due upon delivery of the goods by GTE’s assigned logistics company. Failure to pay will result in the goods being returned to GTE, and the order being cancelled.

 

V.                 Title

5.1       All goods supplied by GTE to a purchaser are the risk of the purchaser from the time of delivery.

5.2       Ownership of goods shall not pass to a purchaser until GTE has received in full (in cash or cleared funds) all sums due to it in respect of the goods supplied by it to the purchaser and all other sums which are or which become due to GTE from a purchaser on any account.

5.3       GTE shall be entitled to recover payment for any goods supplied notwithstanding that ownership of any goods has not passed from GTE.

 

VI.                Delivery

GTE will notify the purchaser in writing when GTE confirms that the order has been dispatched by an appointed logistics company. Delivery fees are charged to the purchaser at cost. While GTE will take all reasonable steps to ensure delivery of the goods in a timely manner, GTE accepts no responsibility or liability for failure to do so by the logistics company.

The purchaser may choose to collect the goods at GTE’ s predefined facility. In the event that collection is not made by the purchaser within 10 working days, GTE shall be entitled to cancel the order and refund all charges.

 

VII.              Cancellation

All cancellations will be subject to review and acceptance by GTE. Cancellation of orders will not be in effect unless notified in writing by GTE.

 

VIII.           Inspection

The purchaser shall inspect any goods received from GTE within 7 days of receipt. Unless GTE receives notice of any loss or damage in transit within 3 days of delivery, its liability to refund the goods pursuant to clause 9 below shall cease.

 

IX.                Loss and Damage in Transit

If proved to the satisfaction of GTE, GTE may refund the cost of or at its discretion replace or repair, any of the goods proved to have been lost or damaged in transit up to the moment of delivery, provided that within seven days after the receipt of the goods in the case of damage, or within 14 days of receipt of invoice in the case of loss, the purchaser notifies both GTE and the carrier in writing of the occurrence of the damage or loss and its nature and extent.

 

X.                  Limitation of Liability

10.1     All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any contract between a purchaser and GTE.

10.2     Nothing in these conditions excludes or limits the liability of GTE for fraud or fraudulent misrepresentation, or for death or personal injury caused by GTE’s negligence.

10.3     Subject to paragraph 10.1 and 10.2

(a)        GTE’s total liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of any contract between it and a purchaser shall be limited to the contract price payable by the purchaser; and

(b)        GTE shall not be liable to any purchaser for any indirect or consequential loss or damage (whether for loss of profit, loss of busine ss, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with any contract between GTE and the purchaser.

 

XI.                Termination

Without prejudice to any other rights or remedies which the parties may have, GTE may terminate the contract created pursuant to these terms without liability to the purchaser immediately on giving notice to the purchaser if:

(a)        the purchaser fails to pay any amount due for payment; or

(b)        the purchaser commits a material breach of any of the terms of these terms and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing of the breach: or

(c)        the purchaser repeatedly breaches any of these terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the terms; or

(d)        the purchaser goes into liquidation, has a winding up petition presented against it, makes an arrangement with its creditors, is declared bankrupt (or other equivalent situations).

Upon termination of such contract for any reason the purchaser shall immediately pay to GTE all outstanding invoices and interest in respect of services or goods supplied by GTE.

 

XII.              Technical Data and Input Material

Whilst every effort has been made to ensure the accuracy of technical data, GTE accepts no liability in respect of any loss or damage arising from errors or omissions or by virtue of any data or information provided to it which turns out to be incorrect.

 

XIII.            Intellectual Property

as between the purchaser and GTE all intellectual property rights in any goods or services provided by GTE shall remain the sole property of GTE.

 

XIV.            Force Majeure

Should GTE be prevented from delivery at the agreed date due acts of God, war, fire, storm s, flood, accident or damage to goods, or delay in obtaining or inability to obtain through scarcity of materials or for any other cause beyond GTE’ s control, GTE may suspend delivery until a reasonable time after the end of the happening and during such time as is reasonably incidental to the resumption of normal production of sale or cancel or vary the contract without compensation.

 

XV.              Law

The quotation and any contract that shall result there from shall be governed in all respects by the laws of the Kingdom of Saudi Arabia and the purchaser hereby agrees to submit to the non-exclusive jurisdiction of the Kingdom of Saudi Arabia.