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Orders are accepted by Elektrojo subject to; and in accordance with the below Conditions.
These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between Elektrojo and the Customer or set out in the Customer’s standard terms and conditions.
If there is any conflict between
• the other provisions of this Catalogue and these Conditions; or
• the provisions of the order and these Conditions
these conditions will prevail unless Elektrojo agrees otherwise in writing. Together with any terms accepted by Elektrojo in connection with an order, these Conditions constitute the entire agreement between Elektrojo and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Elektrojo.
Prices for Supplies are in US dollar or any listed currency, exclusive of VAT, which will be added at the time of despatch.
Where Elektrojo agrees to trade in Dollar or any listed currency, it will specify an exchange rate for each order. Elektrojo has used all reasonable endeavours to ensure that prices for Supplies are accurately set out in the Catalogue but reserves the right to change its prices without notice at any time. Elektrojo reserves the right to charge the Customer further amounts if the currency increases before the end of payment procedure.
Payment Time for payment is in advance for online payment, or in cash on delivery. If the Customer fails to make payment by the time of delivery then, without prejudice to any other right or remedy, Elektrojo shall be entitled to cancel the order or suspend any further deliveries or performance.
Invoices will be sent electronically to the email address provided during the account application process. This can be changed or a printed invoice requested by contacting the Elektrojo Accounts Receivable department (contact details can be found on the invoice). If a printed invoice is required, Elektrojo reserves the right to levy a charge to cover any postal costs.
A Customer wishing to open a credit account must furnish such information as may be requested by Elektrojo, and Elektrojo may make a search with a credit reference agency. Elekrojo reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities or reduce or suspend any credit limit at any time.
Elektrojo reserves the right to decline to trade with any company or person. To avoid duplication, written confirmation of telephone orders must be clearly marked ‘Confirmation only’. Elektrojo will not accept liability for orders not so marked and duplicate orders will be charged accordingly.
Once first order accepted, no order may be cancelled without the prior written agreement of a director of Elektrojo. Without limiting the generality of this, orders for Goods which are not in catalogue or non stock items may not be cancelled.
Orders for Goods are usually accepted by Elektrojo by dispatching the Goods provided, however, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.
Orders for certain Goods, in particular Goods which are not in catalogue or are non-stock items, may be subject to a minimum order quantity or value which Elektrojo will use its reasonable endeavours to notify to the Customer prior to accepting its order.
Elektrojo will use all reasonable endeavours to despatch Goods ordered before 6 p.m. Sunday to Thursday, within the next 72 hours. All Goods ordered after such times will take extra two working days, provided that those Goods are in stock. Such deliveries will vary by the carrier option that customer will use. Any extra charge different that the available default options will be notified to the Customer at the time of establishment of its account or placing of the order to which such charge applies.
Incase of Goods ordered are not in catalogue or are non-stock items, it may not be possible for the Elektrojo to arrange for regular time delivery, but Elektrojo will make reasonable endeavours to notify the lead times for such Goods, where known.
Delivery will be made to the address specified by the Customer. Elektrojo reserves the right to arrange delivery of Goods directly from the manufacturer or supplier of those Goods to the Customer.
Elektrojo may use any method of delivery available to it. Elektrojo will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in below inspection & defects terms, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence. Elektrojo reserves the right to delay despatch for a number of reasons. Where despatch is delayed for a reasons, Elektrojo will use reasonable endeavours to inform the Customer.
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in warranty terms, Elektrojo shall not be liable for any defect in the Supplies unless written notice is given to Elektrojo within 10 days of the date of inspection. Elektrojo does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before the Goods are used.
The quantity of any consignment of Goods, as recorded by Elektrojo upon despatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary.
Elektrojo will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to Elektrojo within 10 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events.
Prior to returning any Goods to Elektrojo for any reason, the Customer must contact Elekrojo to obtain a returns authorisation number (‘RMA’). All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to Elektrojo and for providing proof of delivery of such return.
Elektrojo operates a 21 day return policy. To be accepted for return on this basis, Goods should be returned for receipt by Elektrojo within 21 days of despatch.
Elektrojo will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods. In addition, Elektrojo will, free of charge, repair or, at the Company’s option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of Elektrojo to be damaged or defective due to faulty materials, workmanship or design. Software programs are supplied on the strict understanding that Elektrojo does not warrant their function to be free from defects or error.
This obligation will not apply:
• If the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
• Because the Customer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods;
• If the Customer has failed to notify Elektrojo of any defect within 10 days of date of inspection, where the defect should have been reasonably apparent on reasonable inspection.
The Supplies in this Catalogue may be subject to the intellectual and industrial property rights including patents, know how, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business.
Elektrojo shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. In particular, without limiting the above, title in any software program forming all or any part of the Goods is reserved to Elektrojo and/or its suppliers. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable. Elektrojo owns full copyright in respect of this Catalogue and its reproduction in whole or part is prohibited without Elektrojo’s prior written consent.
“Personal Data” means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by Elektrojo) Elektrojo can identify that Customer or that representative, regardless of how and when that data is provided. Elektrojo may process Personal Data for all purposes contemplated in these Conditions or arising in the context of the relationship between Elektrojo and the Customer including:
1. Order fulfilment, administration, customer services, profiling the Customer’s purchasing preferences and to help to review, develop and improve Elektrojo’s business and the goods and services it offers;
2. Direct marketing of Elektrojo’s products and services and/or of the products and services of other companies in Elektrojo or third parties which Elektrojo believes may be of interest to the Customer or its representatives, whether by post, fax, telephone, email, SMS, MMS or otherwise, to the extent that it is lawfully entitled to do so;
3. Crime prevention or detection.
The processing of the Personal Data may involve:
a. The disclosure of that Personal Data to Elektrojo’s service providers and agents;
b. The disclosure of that Personal Data to other companies in Elektrojo whose products and services Elektrojo believes may be of interest to that Customer or representative;
c. The disclosure of that Personal Data to third parties whose products and services Elektrojo believes may be of interest to that Customer or representative;
Unless otherwise confirmed by the Company in writing, nothing in this Catalogue is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.
Export Separate Conditions of Supply apply to export transactions and are available on request from the Elektrojo’s export section. The Customer is responsible at its own expense for obtaining any licence and complying with any export regulations in force within the Kingdom of Jordan and in the country for which the Goods are destined.
The Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Supplies. Elektrojo reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Goods.
Age requirements for certain Goods Where the law requires a minimum age for the purchase of certain Goods, the Customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by Elektrojo to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply.
The Company shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of these Conditions and/or any Contract to any company in elektrojo at any time.