Terms and Conditions
This is a copy of the Terms and Conditions of sale effected at our online store and Vextel Systems LLC offices (“Seller”)
1.Application
Every sale and delivery by the Seller is based on the following terms and constitutes the entire understanding and Agreement between the Seller and Buyer (collectively the “parties”).
2.Prices and Delivery
Prices agreed upon are exclusive all taxes and duties.Unless otherwise agreed, the prices and delivery terms are of ex-Sellers’ Warehouse/Retail Outlet; and it includes the cost of Seller’s usual packing.Buyer request of delivery, special or export packing are undertaken by Seller, subject to Buyer agreement to pay additional charges to the Seller.
In stock-out situations, Seller shall make every reasonable effort to meet quoted/acknowledged delivery dates, but will not be liable in any manner for failure to meet such dates.
3.Payment
Payment shall be made in cash or with credit/debit cards or through online bank transfers (in UAE Dirhams or other currency). Our office do not accept payments in any other currency than in UAE Dirhams.
4.Title
The Products sold here under remain Seller’s property until full payment is effected to the Seller.
Buyer please be aware that all consumer electronics; information technology: hardware and software; and telecommunication products are subject to rights of Patent, Trademark, Trade secret, Copyright and other Intellectual property rights owned by manufacturer and Vextel Systems LLC; and compliance of licensing terms. Buyer’s purchase and usage of these products are subject to compliance of licensing and end user requirement of the product. Seller is not liable for any violation of terms of purchase, licensing terms, and end user agreement. Also, Seller is not liable for infringement of any third party rights, while using the product purchased.
5.Risks
Seller’s responsibility for the Products stops and the risk passes on to the Buyer on delivery to Buyer, his agent, carrier, transport company, mail or courier. The Carrier, Transport Company and mailing and courier services shall be deemed to be the agents of the Buyer. Consequently any expense, damage or loss occurring during transportation has to be borne solely by the Buyer.
6.Exchange & Return Policy
(i) Exchange or Return is possible only within 3 Days of purchase from date of invoice subject to the terms herein.
(ii) No Exchange or Return shall be made without the Original Invoice & Warranty Card provided and the product (including the unit carton) is returned unused and unopened (original seal not broken) along with accessories & FOC (Free of Cost) items, if applicable.
(iii) Exchange or Return only allowed in the same office where the product was originally delivered/purchased.
(iv) No Exchange or Return for the following product categories: All Accessories, Software, Cartridges & Toners
(v) Any Refund will be in the form of Credit Memo only, to be redeemed within a period of 6 months. No cash refund or credit card refund will be allowed.
(vi) These terms & conditions shall be governed and constructed in accordance with the laws of the UAE as applied in the respective emirate.
7.Warranty Terms & Conditions
(i) Product Warranty commences from the Date of the Invoice, normally for a period of 1 Year unless specified otherwise.
(ii) In case the Product is defective and/or requires repair then Standard Warranty Conditions of the manufacture shall apply. Collection for Vextel Systems LLC repairs/warranty will be only at our designated Collection Centers in selected Vextel Systems LLC and Service Centers.
(iii) Vextel Systems LLC will only be the facilitator of this service and primary responsibility for warranty service rests with the brand / manufacturer / distributor.
(iv) Warranty is applicable within the limits of UAE only unless specified otherwise
(v) In cases of Dead on Arrival (DOA) product / Out of the Box failure, the respective service center / service provider will determine whether the product is DOA and would offer either a replacement or product repair.
8. Limitations of Liability
(i)The total liability of Seller, on any claim, whether in contract, warranty; tort, product liability; and copyright, trademark, trade secret, patent and other intellectual property rights infringement; or otherwise, arising out of, connected with, or resulting from the performance or non-performance of any agreement resulting here from or from the sale, delivery resale, repair, replacement or use of any Product or the furnishing of any service, shall not exceed the price allocable to the Product or service which gives rise to the claim.
(ii)In no event, whether as a result of Product defect/malfunction, breach of contract, warranty; tort; copyright, trademark, trade secret, patent and other intellectual property infringement or otherwise, shall Seller be liable for any special, consequential, incidental, indirect or exemplary damages, including, but not limited to, loss of profit or revenues, loss of use of the Products or any associated equipment, cost of capital, cost of substitute goods, facilities, services or replacement power downtime costs or claims of Buyer’s customers for such damages. If Buyer transfers title to, or leases the Products sold here under to, or otherwise permits or suffers use by, any third party, Buyer shall obtain from such third party a provision affording Seller the protection of the proceeding sentence.
(iii)If Seller furnishes Buyer with advice or other assistance which concerns any Product supplied here under or any system or equipment in which any such Product may be installed, the furnishing of such advice or assistance shall not subject Seller to any liability, whether in contract, warranty; tort; copyright, trademark, trade secret, patent and other intellectual property rights or otherwise.
9.General
(i) The delegation or assignment by Buyer of any or all of its duties or rights here under without Seller’s prior written consent shall be void.
(ii) Buyer shall not use or export or re-export any Products or materials or information purchased/received from the Seller (or any copies thereof) in violation of any applicable laws or regulations of UAE or international laws. Buyer shall at all times comply with any applicable UAE, international or other laws and regulations relating to the use and export of the Products or materials or information.
(iii) The provisions of any agreement resulting here from are for the benefit of the parties here to and not for any other person except as specifically provided here in.
(iv) Buyer may terminate an order only upon paying Seller its termination charges determined in accordance with Seller’s standard accounting practices upon submission of Seller’s invoices therefore. Termination of an order shall not relieve either party of any obligation arising out of work performed prior to termination.
(v) As used throughout this instrument, (i) the term Product (or Products or goods) is defined to include all equipment, materials, supplies, components, services, engineering, design and data, in other words all work which Seller has supplied and/or contracted to supply.
(vi) The obligations of each party under this Agreement shall be suspended during the period and to the extent that such party is prevented or hindered from complying there with by any cause beyond its reasonable control.
(vii) The invalidity, in whole or in part of any Article or Paragraph there of shall not affect the validity of the remainder of such Article or Paragraph or of any agreement resulting where from.
(viii) The validity, performance and all matters relating to the interpretation and effect of this Agreement and all disputes and/or differences resulting, there from and any amendment there to shall be governed by the laws of the United Arab Emirates.
10.Enforcement of Terms and Conditions
By accessing and using the www.vextelsystems.com website and purchases through online, you agree that your access and use of the vextelsystems.com and purchases through online are subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of UAE.
11. Arbitration
All disputes arising in connection with this contract shall be settled by arbitration. The arbitration shall be held in Dubai, UAE and in accordance with UAE Laws of Arbitration.