| ASM establishment General Terms and Conditions of Contract (latest) will apply along with this quote. This quote shall supersede, should it conflict with asm establishment Terms and conditions. Please note that if the order is placed on different Terms & Conditions this may impact on the price and schedule of the quote and the quote may need to be re-negotiated. The Terms & Conditions below will apply unless specified differently in the above scope. |
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| Cancellation and Interest |
| A cancellation fee based on the quote value as determined by the actual progress to date + 40%, will apply in the event should the order be cancelled. asm establishment reserves the right to charge interest at prime lending rate + 2% for accounts older than 60 days. |
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| Risk and Ownership |
| Ownership of the equipment will be passed to the client upon receipt of the full payment. The Contractor will not become liable for any direct or indirect costs, losses and or damages incurred by the Purchaser in the use of the items or any part thereof. Consequential damages are expressly excluded. |
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| Delays & Standing Time |
| ASM establishment has based its calculations on the information and dates as specified in the enquiry and based on the interpretation of your requirements. Should asm establishment experience any delays caused by others or adverse weather conditions, asm establishment reserve the right to negotiate additional claims for waiting time or alternatively to deploy resources else were, deployment cost may be levied to the account of the client. Furthermore delays caused by scope changes may also be charged for separately. Unless specified otherwise it is understood work can be done during normal time. asm establishment will not be held responsible for any loss of income or any other such penalties due to delays caused by asm establishment or adverse weather conditions. |
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| Standards and Specifications |
| All equipment supplied will as per asm establishment standards. asm establishment reserves the right to provide alternative parts to those offered in the quotation. |
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| Force Majeure |
| Neither the Company nor the Client shall be liable for any failure to full fill any of their obligations under the Agreement insofar as such failure is due to force majeure i.e. unrest in which access is restricted to asm establishment to perform their duties. |
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| General |
| The governing law shall be that of Saudi Arabia. Please note that asm establishment has only completed a high-level design used to prepare the quotation. Therefore only the items listed in the scope and the work listed in the scope is included in asm establishment scope, be it a turnkey project. Assumptions may affect the price of the project should assumptions be incorrect. asm establishment will also not be held responsible for any intellectual property or similar copyright infringements. Unless otherwise stated the following will apply: The quoted price is subject to currency variations. Where the goods or services to be provided in terms of the offer require that funds be remitted abroad, the foreign currency portion will be based on a rate of exchange relevant on the date of offer. Any variation in this rate of exchange will be for the Client’s account, based on the dates on which, payment is received from the Client. |
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