1. Any and all business, including acceptance of orders or the provision of advice, information or services, undertaken by Leading Businesses Est. For Machinery & Equipment (hereinafter called“LBE”) whether gratuitously or otherwise is transacted subject to the conditionsherein set out. Each condition shall be deemed to be incorporated in and to be a condition of any agreement between the LBE and its customers.
  2. No agent or employee of the LBE has the LBE’s authority to alter or vary theseconditions except with the LBE’s written confirmation under the hand of an authorized signatory of the LBE.
  3. Any tender or quotation by the LBE shall unless otherwise agree in writing be subject to immediate acceptance by the customer and shall be deemed withdrawn ifnotacceptedimmediatelybythecustomerorwithinsuchperiodasmaybeagreedbytheLBEinwriting. AnytenderorquotationbytheLBEshallbesubject to revision,before or after acceptance, in the event of changes in prices, exchange rates or applicablecharges. On verbal acceptance by the customer of any tender or quotation the LBE will be bound by the order only when written confirmation has been given by the customer and acknowledged in writing by the LBE and, if credit has been requestedby the customer and agreed to in principle by the LBE, subject always to the approval of the customer’s credit and the terms under which it shall be extended.
  4. Any information from the purchaser necessary to enable the LBE to proceed with any other must be furnished within a reasonable time, otherwise the LBE may atitsoptioncanceltheorderorchargethePurchaseranyadditionalpriceforthedelay. IncaseofcancellationthePurchaserwillbeliabletotheLBEforanyloss incurred by it.
  5. The LBE undertakes to transfer to the customer the benefit of any manufacturer’s warranty applicable to overseas sales covering the goods sold by the LBE to the extent such warranty may be so transferred. The customer shall also be entitled to the benefit, insofar as it may be transferred to the customer of any rights which the LBE may have against the supplier of such goods in respect thereof. The LBE’s liability is limited to making the benefit of such right available to the customer to the extent aforesaid. This undertaking is in lieu of and excludes any other conditions, guarantees or warrantiesexpress of implied, statutory, or otherwise. In no event shall the LBE be liable (except to the extent if any, of its undertaking as aforesaid) for any loss, injury or damagehowsoever caused or arising.
  6. If performance of any obligation accepted by the LBE is prevented, delayed, or interfered with by war, strikes, accidents, force majeure, pandemic, shipping schedules, worldwide supply chain or any other cause beyond the LBE’s control the LBE may at its option suspend performance and keep any amounts that has been paid by the customer to LBE, and LBE will be not liable of any loss claimed to have arisen from delay or prevent.
  7. Times or dates for delivery or performance which mentioned in the LBE quotations are business estimates only and not contractual obligations of the LBE. The LBE will make every endeavor to deliver or perform by the time or date given but will not accept cancellation under any reason or be any liable for loss claimed to have arisen from any delay.
  8. No illustrations, drawings, specifications, dimensions, details, or statements contained in any catalogues or other documents or referenced thereof are to be treatedascontractual: Theyareintendedasageneralguideonly.
  9. The LBE accepts no responsibility for sites or foundations or (except when suppliedby the LBE) for any framework or support for machinery or for compliance with statutory regulations or local byelaws or the fulfillment of any special requirements binding on the customer. The customer is responsible for the proper adaptation of any designs to the customer’s own circumstances.
  10. Where the LBE undertakes to erect machinery, preparations or a proper site with suitable foundations and success thereto, off-loading, storing and protecting materials supplied, the provisions of all necessary lifting tackle, fuel, water, ;latrines, oil waste andother house stores, and sufficient labor and assistance to enable the LBE to proceedwith an complete the erection undertaken, and to start and set to work the Machinery, are the responsibility of the customer and not of the LBE.
  11. If erection is prevented, delayed, or impeded by any act or omission of the customer including failure to advise the LBE of special local conditions the customer shall paysuch extra charges as the LBE shall reasonably require.
  12. Where the LBE provides any labor on the customer’s site the customer shallindemnify the LBE against consequences of any defect or unsuitability of any plant, tackle, or apparatus, provided by the customer and against any claims by third parties or any liability arising under any local laws.
  13. The LBE may supply its workmen with time sheets to be submitted weekly to the customer who shall check and sign the same and all-time sheets signed as correct by or on behalf of the customer shall be conclusive of the correctness of their contents.
  14. Payment shall be made in local currencies – except where noted differently on the quotation and/or invoice -in accordance with the arrangements agreed by the LBE.
  15. The Contract price will be payable by the customer in strict accordance with the contractterms notwithstanding any delay in delivery or performance under the contract or any adjustments or correction of defects which may be required to the goods or work. The LBE may suspend performance of any contractual obligation to the customer so long as any account of that customer is overdue.
  16. In no case will the property in any goods pass to the customer until payment has been made to the LBE of the full contract price for the goods including the price for erection or other work (if any) to be done by the LBE.
  17. In case of default by the customer after delivery of any goods and before the goods havebecome the customer’s property the LBE may give notice to the customer terminating the customers’ right to possession whereupon the customer shall be bound at the customer’s own expense to re-deliver the goods to the LBE. In all such casesand the LBE may (whether with or without previous notice) itself retake possessionof the goods and the LBE is in such circumstances irrevocably authorized by the customer to enter the premises on which the goods are situated and to dismantle and remove the goods at the customer’s expense.
  18. All goods and work shall be deemed to have been accepted by the customer as in complete conformity with the contract unless within a reasonable time after actual receipt by the customer of the goods or (where the LBE is responsible for erection)after the machinery is ready for starting up written notice is given to the LBE specifying grounds for the customer’s dissatisfaction.
  19. In the event of the customer’s official order forms containing printed conditions, such condition shall form part of the contract only in so far as they are not at variance with these conditions.
  20. These Conditions shall be governed by and construed in all respects in accordance withthe laws of the Kingdom of Saudi Arabia.
  21. All references to time shall be construed according to the Gregorian calendar