General Terms & Conditions
The following Terms and Conditions apply to the sale of all products and/or services provided by Bosch Diesel Service- Al Salehi Machinery and Equipment Repairing and its affiliates (“BDS-Al Salehi“) pursuant to any quotation or purchase order accepted by BDS-Al Salehi.
BDS-Al Salehi shall perform work or provide products for Customer as specified in the Purchase Order or approved Quotation. BDS-Al Salehi entity performing work or delivering a product under an Order or approved Quotation shall have a liability or responsibility only with respect to such work or product.
Delivery dates quoted are estimates only and not contractual obligations. BDS-Al Salehi will make every endeavor to deliver on time but will not be liable for any loss to have arisen caused by the delay. The Customer shall inspect the goods immediately on delivery thereof. BDS-Al Salehi has the right to stop delivery due to Customer’s non-payment or overdue account as the case may be.
The Price shall be the BDS-Al Salehi’s quoted price unless otherwise specified in the Contract. All items quoted ex-stock are subject to prior sale without notice. Any increase in BDS-Al Salehi‘s Quotation due to hidden defects which may occur while further inspection or during work process shall be notified to the Customer. Inspection fee will be charged if the quotation for service or repair is not approved by the Customer. The pricing for undelivered items may be increased in the event of an increase in BDS-Al Salehi’s cost, change in market conditions, or any other causes beyond BDS-Al Salehi‘s reasonable control.
4. Invoicing and Payment
Payment of the price and applicable VAT shall be made by the Customer against BDS-Al Salehi‘s Invoice, subject to the terms of payment agreed. For Credit Accounts, the terms and conditions are stipulated on BDS-Al Salehi Credit Facility Form. In the event of default by Customer, BDS-Al Salehi shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court fees and collections cost.
5. Service Warranty
Unless otherwise expressly stated in the Quotation or Invoice with respect to a particular BDS-Al Salehi service provided or reconditioned product sold, the foregoing BDS-Al Salehi warranties are the sole and exclusive warranties made by BDS-Al Salehi, all of which are covering from the Invoice date:
5.1 Bosch and other brands of Fuel Injection Pumps and Injectors (except 5.2)- 6 months Workmanship warranty.
5.2 Caterpillar Fuel Injection Pumps and Injectors- 3 months Workmanship warranty.
5.3 Overhauled Engines- 6 months warranty or 500 engine operating hours, whichever comes first.
5.4 If it is established that the cause of failure reported by the Customer is not related to the repair work carried-out by BDS-Al Salehi, the entire cost of investigation and repair will be charged to the Customer.
6. Product Warranty
New or Reman products sold are subject to the respective manufacturer‘s Conditions of Sale unless otherwise specified in the Invoice. BDS-Al Salehi makes no other representations or warranties whatsoever with respect thereto, hereby disclaiming any and all other warranties, express or implied.
7. Warranty Exemptions
Product usage deviating from manufacturer guidelines, tampering of the product, incorrect assembly procedures, mishandling or misuse, accident or lack of routine maintenance, and other related Customer negligence are reasons for a warranty to be void. In some cases, Warranty Information with Recommendations indicated on the Final Invoice should be considered for future warranty decisions.
For items that are not collected by the Customer within 3 months from the Job Card date, BDS-Al Salehi reserves the right to either keep the items in order to recover the storage & inspection charges or dispose the items without giving any notice to the Customer.
Customer agrees that an Order shall in no event be subject to cancellation for Service jobs. For products, Order may be cancelled by the Customer in whole or in part, with the prior written consent of BDS-Al Salehi in its sole discretion and subject to the Customer paying all reasonable cancellation and restocking charges.
10. Force Majeure
BDS-Al Salehi is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond its reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of product, acts or omissions of other parties, acts or omissions of civil or military authority, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, and delays in transportation. In an event of force majeure condition, BDS-Al Salehi’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting BDS-Al Salehi to any liability or penalty.
11. Alteration of Terms
Any variation and amendments to these Conditions (including any special terms & conditions agreed between the Customer & BDS-Al Salehi) shall not be binding unless agreed in writing and signed by a duly authorized representative of BDS-Al Salehi.
12. Governing Law
All matters arising out of or relating to these General Terms & Conditions shall be governed and finally resolved by arbitration under the rules of the Chamber of Commerce and Industry in Dubai, United Arab Emirates.