Terms & Conditions – Purchase & Sales
WARRANTIES.
- Accrete General Trading Company LLC (AGT) warrants that (a) the product sold is of the quality set forth in Accrete’s published specifications, if any, or as may be otherwise expressly stated in any negotiated contract, and (b) the title conveyed is good and the product is free from any lawful security interest, lien or encumbrance. ACCRETE MAKES NO FURTHER REPRESENTATION OR WARANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE. Buyer assumes all risk of patent infringement by reason of any use Buyer makes of the product in combination with any other material or in the operation of any process.
QUANTITY.
- If the product is subject to a negotiated contract, and the contract does not specify quantity, Buyer shall give Accrete thirty (30) days notice of the quantity to be shipped each contract month. The quantity shipped in any contract month may be limited by Accrete to either (a) the monthly quantity as specified in the contract or if no monthly quantity is specified, the pro-rata portion of the maximum quantity so specified, or (b) the average of the monthly quantities purchased by Buyer for the preceding two contract months. Accrete shall not be obligated to deliver in any subsequent month any quantity not shipped as a result of any such limitation.
- If the product is not subject to a negotiated contract, the quantity shall be the lesser of the quantity available at the time of shipment or as is stated on the Buyer’s order at the time of shipment.
PRICE AND TERMS.
- If the product is subject to a negotiated contract, and the contract does not specify price and/or terms of sale, Accrete may, by giving thirty (30) days prior written notice thereof to Buyer at any time during the term of the contract, change the price and terms of delivery and shipment then current under the contract. Such changes shall be applicable to all product shipped on and after the date the changes become effective. If any governmental action or request restricts Accrete from making a price increase in accordance with these terms or continuing any price in effect, then Accrete shall have the right to (a) terminate the contract upon thirty (30) days written notice to Buyer, (b) suspend deliveries for the duration of such restriction, or (c) have applied to the contract (as of the effective date of such restriction) any price permitted under action or request.
- If the product is not subject to a negotiated contract, the price and/or terms of sale are those in effect at the time of shipment.
DELIVERY TERMS
- The terms FOB, FAS, CIF, CF or such similar terms are, except as may be agreed to in any negotiated contract, only terms that express delivery terms and payment terms and are not an agreement as to passage of title.
CREDIT
- Accrete may recover for each shipment made as a separate transaction, without reference to any other shipment. If Buyer fails to pay any invoice, whether in accordance with the terms of any applicable contract or after a single transaction, Accrete may, at its option, defer further shipments until payment has been made (in which event Accrete may elect to extend such contract period for a time equal to that for which shipments were so deferred), or, in addition to any other legal remedy, Accrete may decline further performance of such contract. If at any time, in the sole judgment of Accrete , the financial responsibility of Buyer is impaired, Accrete may change the terms of payment, require payment as a condition of shipment, and take any other steps it believes are necessary to protect its interests in the transaction.
TAXES
- Buyer shall reimburse Accrete for any federal, state or local excise or other tax, assessment, license fee or other charge, or increases thereof, which Accrete may be required to pay upon the sale, production, transportation, delivery or use of the product.
TRANSPORTATION
- Accrete may, at its option, deliver from points other than that specified in any contract or sales agreement (but shall not be obligated to do so) provided that such delivery shall be at the contract price. Where the contract or sales price provides for absorption by Accrete of freight charges, wholly or in part, Accrete shall have the right to select the route, mode and carrier. If Buyer requires a route, mode or carrier other than that selected by Accrete any extra cost incurred shall be paid by Buyer. If freight or other transportation costs are increased, whether by Buyer’s requirement of route, mode or carrier, or by any other decision, action or inaction of Buyer, Accrete may add any increase to the contract price. All sales are based on and are subject to all present and future tariff, import and export duties, border taxes and similar imports, surcharges and taxes which shall be solely at the cost and risk of Buyer. If any such rates or changes are included in the unit price (whether shown as a separate charge or not) and should be increased pending delivery, Buyer shall pay such increased rates or charges in addition to the unit price.
TITLE
- If the product is subject to a negotiated contract, and the contract does not specify the passage of title and risk of loss, or in the absence of a negotiated contract, title to and risk of loss on all products sold shall pass to Buyer at Accrete ’s point shipment whether or not Accrete pays all or any part of the freight, and notwithstanding any designation of FOB or any other delivery term elsewhere in any invoice or document evidencing the sale.
FORCE MAJEURE
- Neither party shall be liable for its failure to perform if due to any contingency beyond the reasonable control of the party affected, including but not limited to acts of God, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, issues involving national security, or voluntary or involuntary compliance with any applicable governmental act, regulation or order. Accrete shall not be liable for its failure to perform if such failure is due to any shortage or inability to obtain (on terms deemed economically practicable by Accrete ) any raw material (including energy), equipment or transportation. Any quantities not delivered or accepted because of any such contingency shall be eliminated from any contract or sales agreement. Accrete shall not be obligated to deliver the product from other than the production or shipping points designated and there shall be no obligation to rebuild or repair any damage or destruction to such production or shipping points in order to fulfill the contract or sales agreement. During any period when Accrete is unable to supply the contract quantity of the product, whether caused by the circumstances above or otherwise, Accrete may allocate any available product among its customers, including its own subsidiaries, divisions and departments, on such basis as Accrete deems fair and reasonable.
GOVERNMENTAL REGULATION
- Should Accrete elect to discontinue, curtail or limit the production or sale of the product in consequence of the application of any governmental act, regulation or order (including but not limited to those relating to national security, environment, ecology, energy, occupational safety and health, toxic substances, product safety, packaging, sale, use or application, consumer protection or transportation), compliance with which will, in the sole judgment of Accrete , render the production, marketing or transportation of the product economically, technically or commercially infeasible, Accrete may terminate the contract or sales agreement upon written notice to Buyer.
CLAIMS
- The weights, tares and tests fixed by Accrete’s invoice shall govern unless proved to be incorrect. Claims relating to quantity, quality, weight, condition and loss of or damage to any of the product sold hereunder shall be waived by Buyer unless made within fifteen (15) days after receipt of product by Buyer.
LIMITATION OF LIABILITY
- Buyer’s exclusive remedy and Accrete ’s exclusive liability under a contract or sales agreement (including negligence) shall be for, at Accrete ’s option, either replacement of nonconforming goods at the FOB point stated in this contract or damages which shall in no event exceed so much of the purchase price as is applicable to that portion of the particular shipment with respect to which damages are claimed. In no event shall Accrete be liable to Buyer for any incidental or consequential damages arising in connection with the contract or sales agreement or the product sold. Buyer assumes all risks and liability, and Accrete assumes no liability, with respect to unloading and discharge of the product (including failure of discharge or unloading implements or materials used by Buyer, whether or not supplied by Accrete ), storage, handling, sale and use of the product (including its use alone or in combination with other substances or in operation of any process), and the compliance or non-compliance with all federal, state and local laws and regulations applicable to the product.
NON-WAIVER
- Accrete ’s or Buyer’s waiver of any breach or failure to enforce any of the terms or conditions of a contract or sales agreement at any time shall not in any way affect, limit or waive such party’s right thereafter to enforce strict compliance with every term and condition of a contract or sales agreement.
ASSIGNMENT
- Neither a contract or sales agreement nor any right or obligation under same is assignable or transferable by either party in whole or in part without the prior written consent of the other party and any such purported assignment without such consent shall be void, except that Accrete shall have the right to assign any contract or sales agreement and its rights and obligations, without obtaining the prior written consent of Buyer, to any entity with which Accrete (a) merges, (b) sells a substantial part of its assets or businesses, or (c) sells a substantial part of its assets or business relating to the manufacture and/or sale of the product.
APPLICABLE LAW
- All contracts and sales agreements shall be governed by and construed in accordance with the laws of the State of Connecticut without giving effect to its conflict of laws provisions. The parties agree that venue for any cause of action brought by either shall be in Fairfield County, Connecticut.
CAPTIONS
- The titles contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of this document.
SEVERABILITY
- If any provision of this document shall be prohibited or invalid, that provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of that provision and the remaining provisions of the contract.
AMENDMENT
- In the absence of a negotiated contract, or if same is silent, these Terms and Conditions are intended as the final expression of the parties’ agreement and are the complete and exclusive statement of the terms thereof. No statements or instructions, oral or written, except as part of a negotiated contract, shall vary or modify these written terms; and neither party shall claim any amendment, modification or release from any provision hereof by reason of (a) a course of action or mutual agreement unless such agreement is in writing signed by the other party and specifically stating it is an amendment to this contract, (b) course of performance or (c) usage of trade. No modification or addition to any contract or sales agreement shall be effected except by the prior written acknowledgement and acceptance by Accrete of any purchase order, acknowledgement, release or other forms submitted by Buyer containing other or different terms or conditions.
RETURNS
- It is the policy of Accrete to provide quality products every time. In the event the product is non-compliant and must be returned, Accrete will be responsible for shipping costs incurred by the buyer in connection with returning non-compliant products. Returned products must be in the original containers, unopened. Return of products for reasons other than non-compliance may be accepted at Accrete’s discretion and may have differing terms. No return of products shall occur without prior written authorization from Accrete .
Please read these Terms and the Privacy Policy carefully before using this site.
Privacy Policy & Disclaimer
Accrete General Trading LLC. (AGT) is committed to protecting your privacy.
We have developed this Privacy Statement to inform you about how MCA will collect, hold, use, and disclose personal information, how individuals can gain access to personal information held by us and how you may inquire about how we deal with your personal information.
TERMS & CONDITIONS
These terms and conditions govern your use of this website.
By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Collection of Personal Information
AGT will only collect Personal Information which is necessary for our business functions and activities, or to comply with legal or regulatory obligations. We will collect Personal Information by lawful and fair means and not in an unreasonably intrusive way.
Depending on your relationship with us, this information may include, but is not limited to; your name, address and email address.
When collecting personal information about you which, for the purposes of the Privacy Act is regarded as sensitive information or health information, we will collect that information from you or from third parties only with your consent.
Use of Personal Information
AGT collects, uses and discloses your personal information for a range of purposes. These purposes depend largely upon your relationship with us. We will use personal information for the Primary Purpose for which it was collected. The information we collect is used for the following purposes:
- To be able to offer safe and simple use of our website;
- To be able to communicate, by means of email or otherwise, with you in connection with your questions, queries and transactions made through our website;
- To be able to provide you with information about MCA products;
- To be able to offer you marketing and advertisements which we think you will find interesting;
- To ensure that you can access client only areas;
- To fix system errors and for support services;
- To identify you and assist you to subscribe to our services;
- To customise the information you receive from our website;
- For our research, so that we can improve our products and services and tailor them to better suit your needs;
- To track how the website is used and to identify popular areas, Internet trends and demographics.
We will only use personal information beyond the Primary Purpose where it is related to that purpose or where you consent to the further use.
Disclosure of Personal Information to Third Parties
Your Personal Information will only be disclosed to other entities (including related entities of AGT) for the Primary Purpose(s) for which that Personal Information was collected. Where we wish to disclose your Personal Information for purposes other than the Primary Purpose, we will, where appropriate and necessary, obtain your consent.
We are not required to obtain your consent where:
- The disclosure is required to lessen or prevent a serious and imminent threat to an individual’s life, health or safety, or to public health and safety;
- We suspect fraud or unlawful activity (United Arab Emirates only);
- The disclosure is necessary to assist a law enforcement agency; or
- The disclosure is required or authorized by law.
Quality and accuracy of Personal Information
AGT will take reasonable steps to ensure that any Personal Information that we use or disclose is complete and current. If you become aware that any Personal Information we hold is not accurate please advise us in writing as soon as possible at the address below.
Retention and destruction of Personal Information
We will only keep your Personal Information on file for as long as it is necessary to fulfil our business needs or legal requirements. When we no longer require your Personal Information, we will destroy or dispose of it in a secure manner.
Security
We will take all reasonable steps to protect your Personal Information, and to safeguard that Personal Information from misuse and loss, unauthorised access, modification and disclosure.
Intellectual Property (“IP”) addresses
To be able to maintain the website in an efficient and secure manner, we collect and store IP addresses for a limited period of time. The IP address is a unique number which makes it possible to identify a visitors connection to the Internet and it is automatically reported by your web browser each time you view a website.
Copyright
Copyright in material contained on this website is owned by AGT unless otherwise indicated. AGT authorises you to copy, download and/or print any material published by AGT on this website for non-commercial use only, provided that such material is not edited or modified and retains all copyright and other proprietary notices, including any disclaimer notices.
Trademarks
All trademarks, logos, images, product and company names referred to in this website are the property of their respective owners.
Data Mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request permission to use copyright materials on this website by writing to “The Office Manager” – see details below.
Disclaimer
The information contained in this website is provided “as is” and without warranties of any kind either express or implied to the fullest extent permissible pursuant to the laws of Dubai, UAE. AGT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
AGT makes no claim as to the accuracy of the content or information contained on this website. AGT does not accept liability for any information or advice provided on the website or incorporated into it by reference. AGT does not accept any liability for loss or damages incurred by any person as a result of reliance placed upon the content of this website or any other information incorporated by reference.
AGT makes no representation as to the accuracy of any other aspect of the information contained on servers linked to this website via hyperlinks.
The information on this website is provided on the basis that all persons accessing the website undertake responsibility for assessing the accuracy of its content and information; and that they rely on it entirely at their own risk.
Variation
AGT may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of publication of the revised terms and conditions of this website. Please check this page regularly to ensure you are familiar with the current version.
Applicable Law
This website is to be construed in accordance with, and is governed, by the laws of Dubai, United Arab Emirates. By using this website you submit to the jurisdiction of the courts of Dubai in relation to any dispute relating to the website.
Hyperlink Notice
AGT provides external links for your convenience (“Links”). Whilst AGT has used reasonable endeavours to review the Links, it is not responsible for the accuracy, legality or decency of material located at the Links, nor is AGT responsible for the copyright compliance of the Links.
Our Commitment to Security
AGT strives to protect your personal information.
We will take reasonable steps to make sure any personal information we have isn’t lost or accessed without authority or destroyed, misused, modified or disclosed.
However, while AGT will do its best to protect your security, no information sent over the Internet can be 100% secure and we can’t guarantee the security of any information you send to us or receive online.
Because of this, you should always keep any personal information secure as you alone are responsible for maintaining its secrecy. Please be careful and responsible whenever you’re using the Internet and the website and let us know about any security breach immediately.
Modifying the Information and Services
AGT may modify, suspend or discontinue the information and/or services available on the website from time to time in its absolute discretion.
Online Ordering Facility
These terms and conditions apply if the goods sold are purchased using the online ordering facility on the AGT website. Should any provisions of these terms and conditions be inconsistent with general terms and conditions of trade, these terms will prevail to the extent of such inconsistency.
To use the AGT online ordering facility, you must have an active current credit account with AGT. Credit facilities are available and will be negotiated directly on a confidential basis. Credit terms will not automatically be granted. Should you wish to apply for a credit facility, please contact our head office on (050) 5811964 accounts@accreteme.com or your local branch. Alternatively contact via “Contact Us” facility available on the AGT website.
Inquiries
Inquiries regarding privacy and/or terms can be addressed to:
The Office Manager – Finance & Accounts
Accrete General Trading Co LLC
P.O. Box 378609, Al Ras, Dubai
United Arab Emirates
Phone +97150 5811964
Or by email: mail@accreteme.com
