Privacy Policy
1. Acceptance of Terms – This order/proposal is subject to final acceptance by Advanced Industrial Manufacturing (hereinafter referred to as the “AIM”). Customer agrees that they have been provided opportunity to review the Terms & Conditions of Sale prior to submitting their order and understand that it is accepted by AIM for processing only in accordance with the terms of sale set forth herein. This policy shall govern all disputes which may arise. Jurisdiction of this agreement shall be within the State of Kuwait and resolution made in accordance with the laws thereof. All sales are bound by this agreement. The terms and conditions provided by AIM are intended to answer or edit any terms and conditions provided with a purchase order. All sales are subject to AIM’s Terms and Conditions. Hours of operation are Sunday through Thursday 8:00 a.m. to 3:30 p.m. Kuwait Time.
2. PRICES AND TAXES – Prices listed are quotation prices and are subject to change without prior notice after validity period noted in Paragraph 3. All prices and deliveries are FOB AIM’s facility, Al-Jahra, Kuwait. All excise sales or use taxes, any duties, any fees and other charges imposed by any government authority upon the sale, transportation, export or import of the goods sold hereunder shall be paid by the buyer. Or if required to be paid by AIM, shall be reimbursed to AIM by the Buyer.
3. VALIDITY OF QOUTE - Quotes are valid for 60 days. All materials offered are subject to prior sale. Domestic Purchase orders are subject to a KWD50 minimum, International Purchase Orders are subject to a KWD100 minimum order.
4. ORDERING DETAILS - Orders can be placed anytime online, or by phone, or by e-mail but will only be processed during normal operating hours. When placing your order by phone or e-mail please include complete address, phone number, shipping method and contact person. All online, phone and e-mail orders received will be confirmed within 1-2 business days. AIM cannot be responsible for delays or non-fulfillment due to electricity or equipment failure, riot, fire, flood, strikes, or other causes beyond our control. First time customers and large custom orders may require a deposit of 70% payment upon ordering, 30% upon shipping.
5. TERMS OF PAYMENT - All initial purchases for new customers subject to prepay. If the order is within the Kuwait, a check may be permitted. For new clients, until a purchased pattern is established orders may be handled as pre-paid. Orders at our discretion may be subject to a 70% deposit to be paid at the time of placing the order via wire transfer with the remaining 30% balance to be paid upon shipment, or NET 30. For new international customers, orders may be pre-paid via wire transfer. For your protection, AIM cannot accept credit card payments. Company checks submitted for payment must have the same name as the company named on the invoice. All checks returned for insufficient funds will be subject to a KWD25 returned check fee. NET 30 customers shall make full payment for goods and all other charges within thirty (30) days of the date of invoice, in Kuwaiti Dinar currency unless otherwise agreed. Finance charges may be applied to all balances 30 days past due. The finance charge rate is 1.5% per month of the balance. Payment of finance charges is a condition of continuing credit. An invoice will be put with the shipment, and one may be emailed or faxed. A additional invoices can be mailed if requested. All prices are subject to change without notice. All orders will be invoiced at the price in effect when the order is placed. Upon failure of payment, buyer hereby grants the seller the right to reclaim the entire inventory. Buyer hereby grants the seller the goods sold as security interest for performance.
6. SHIPMENT, FORCE MAJEURE – Shipping dates herein is approximate. The are subject to timely receipt of all necessary information, data and responses to actions from Buyer and other contingencies beyond AIM’s control. The shipping dates shall be extended to offset any delays caused by late delivery of data, tools, materials, supplies or by strikes, flood, riot, fire, government regulations, explosion, war or other casualty or cause beyond AIM’s control. AIM will use reasonable efforts to notify Buyer of the nature of the occurrence and the estimated length of additional time necessary to fill this order. In the event of delay, AIM may, but shall not be required to, allocate delivery among its customers.
7. DELIVERY / SHIPPING OPTIONS – Unless otherwise agreed, deliveries of all local orders are the responsibility of the buyer. AIM can provide deliveries at extra charge. The delivery fee is determined based on the size of the delivery and the distance required. For International customers, the terms of deliveries should be decided before the sales is made. Shipping options are also available through Fed-Ex, DHL, and through other mail carriers. Pickup and shipping fees may apply. Exact freight and insurance charges apply. Shipping terms are F.O.B. Al-Jahra Kuwait. All shipments are insured unless otherwise instructed. Product damage or loss incurred in transit is the responsibility of the carrier. AIM will provide customers with assistance in tracking packages and filing claims. If a package is lost and the customer cannot wait for the carrier to determine whether a claim will be filed, the customer may have the order duplicated at their expense. AIM is not responsible for any damages incurred to parts or any box after it leaves our facility. Any claims must be submitted directly to the freight carrier responsible for the shipment.
8. RETURNS - Merchandise must be inspected within 14 calendar days and returned within 30 days from day of receipt. Please call or e-mail our sales department for a return authorization number and assistance. We cannot issue a refund on any product returned without proper identification, i.e. lost or unreadable part numbers and documentation when sold. Returned merchandise and packaging must be in a sellable condition. Any product returned may be subject to a re-stock fee to be determined by our quality control manager. Our standard restocking fee is 25%. Custom and special order items are non-cancelable & non-returnable. AIM will make a good faith effort for prompt correction or other adjustment with respect to any product which proves to be defective within the warranty period.
9. SHORTAGES – AIM reserve the right to reject all claims for shortages not made within fourteen (14) days after receipt of shipment.
10. RISK OF LOSS – Unless otherwise provided herein, risk of loss or damage to the goods shall pass from AIM to the Buyer upon the earliest of the following:
(a) Delivery to the Buyer or its representative;
(b) Delivery to a common carrier for shipment to the Buyer; or
(c) Delivery to the Post Office for mailing to the Buyer
In the case of returns, goods shall be at the Buyer’s risk until received by AIM.
11. WARRANTY – All goods supplied by AIM are subject to manufacturer warrantee. AIM is not responsible for warranties on goods that are offered by third parties, including manufacturers and repairers/maintainers/alterers of such goods. AIM MAKES NEITHER WARRANTIES NOR REPRESENTATIONS ABOUT GOODS SOLD EXCEPT AS MAY BE STATED EXPLICITLY IN WRITING IN THESE TERMS AND CONDITIONS. IN PARTICULAR, AIM EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY GOODS SOLD THAT ARE SUBJECT TO THESE TERMS AND CONDITIONS.
12. LIMITATION OF LIABILITY –
(a) Except as provided in paragraph (b) below, and except for remedies expressly provided elsewhere in this order/contract, AIM shall not be liable for loss of or damage to property of the Buyer (excluding the supplies delivered under this order/contract) that (1) occurs after Buyer acceptance of the supplies delivered under this order/contract and (2) results from any defects or deficiencies in the supplies.
(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Buyer’s acceptance of, the goods is caused directly by the negligence of this order/contract.
(c) Buyer will indemnify AIM against any liability and will hold AIM harmless from and pay any loss, damage, cost and expense (including, without limitation, legal fees and disbursements, court costs and the cost of appellate proceedings) which AIM incurs arising out of or in connection with any claim arising from performance or goods supplied under this agreement. In any event, AIM will not be liable for loss of profits or incidental, special or consequential damages.
(d) AIM will notify Buyer of any claim described in paragraph (c) above which is asserted against AIM. Buyer will, at its expense, defend and settle any such claim and will notify AIM thereof, and thereafter AIM will not, except as provided in the next sentence, be obligated to pay any expenses of Buyer (including, without limitation, legal fees and disbursements, court costs and the cost of appellate proceedings) in connection with such claim. AIM will cooperate in the defense of any such claim, and Buyer will pay any costs incurred by AIM in connection therewith. Buyer will not settle any claim for which AIM may be liable without the prior written consent of AIM unless Buyer releases AIM from all of AIM’s obligations to Buyer with respect to the claim.
IN NO EVENT SHALL AIM BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES. AIM’S LIBILITY FOR ANY AND ALL CLAIMS HEREUNDER SHALL NOT EXCEED THE PRICE PAID THEREFOR.
13. CHANGES TO ORDER – Please contact us for changes. We will make every attempt to change an order. However, if items have already been shipped we cannot guarantee your request will be possible. Shipping charges, refusal fees, and special handling charges will be the responsibility of the Buyer if applicable.
14. CANCELLATIONS BY BUYER – Orders accepted by AIM are not subject to cancellation except with AIM’s consent and after arrangement of terms, which will indemnify AIM for any loses or damages including lost profit and unabsorbed overheads occasioned by such cancellation. Custom jobs will be charged to the degree of progress.
15. CANCELLATIONS BY AIM – AIM reserves the right to cancel the order in the event that any governmental price regulation, schedule or ceiling prescribes a price lower than AIM’s price as established in the order acknowledgment, or in any way prevents AIM from purchasing or otherwise acquiring any commodity, goods or service necessary to the performance of the order, or in any way prevents AIM from adjusting its prices when the cost of any such commodity, goods or service is increased.
16. JURISDICTION AND VENUE - The sales agreement was formed in the State of Kuwait and shall be governed by the laws of the State of Kuwait. By signing this agreement, Customer hereby submits itself to the jurisdiction of the State of Kuwait for all disputes arising from or relating to this Agreement or either parties’ performance (or lack thereof) of any obligation under this Agreement. Claims made under this agreement shall be made within twelve months of the date of purchase, and the parties to this agreement hereby waive any longer statute of limitations that may be applicable. In the event that legal action is instituted to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs including costs of collection and reclaiming inventory.
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