1. General - Scope of Application
1.1. Unless otherwise agreed upon, the following terms and conditions shall apply to all present and future sales contracts or deals between YALA and her Buyers.
1.2. Even if YALA has knowledge of differing, contrary, or supplementary general terms and conditions of the Buyer, these shall not receive contractual validity, unless the validity is expressly consented upon.
1.3. These terms and conditions shall only apply to natural persons or legal entities or incorporated companies, in general, to all YALA’s customers.
1.2. Even if YALA has knowledge of differing, contrary, or supplementary general terms and conditions of the Buyer, these shall not receive contractual validity, unless the validity is expressly consented upon.
1.3. These terms and conditions shall only apply to natural persons or legal entities or incorporated companies, in general, to all YALA’s customers.
2. Offer, Conclusion of Contract
2.1. Unless otherwise agreed by us explicitly, all offers made by YALA should be valid for 14 calendar days from the offer date.
2.2. A contract shall be valid upon our formal acknowledgment of the order in writing or electronically or upon execution of the order.
2.3. Any verbal or telephonic agreement, except where it has been approved by one of our directors or officers authorized to act and sign on behalf of the firm, shall be binding upon us only insofar as the said agreement is subsequently confirmed by us in writing. Authority given to staff members is restrained insofar.
2.2. A contract shall be valid upon our formal acknowledgment of the order in writing or electronically or upon execution of the order.
2.3. Any verbal or telephonic agreement, except where it has been approved by one of our directors or officers authorized to act and sign on behalf of the firm, shall be binding upon us only insofar as the said agreement is subsequently confirmed by us in writing. Authority given to staff members is restrained insofar.
3. Prices and Shipment
3.1. If not otherwise agreed upon, all prices stated by us mean delivery ex works, including packaging. The actual weight at delivery shall be the basis of price calculation.
3.2. If so wished by the Buyer, we will ship the product to destinations as requested by the Buyer. The Buyer carries the burden of shipment costs.
3.3. In case the delivery date agreed upon is more than (2) weeks after the conclusion of the contract and in case we have incurred cost increases with regard to the delivery item which were unforeseeable upon conclusion of the contract, we are entitled at our equitable discretion to increase the price agreed upon accordingly. It is agreed that the responsibility is on the buyer during this period.
3.4. Compensation: the buyer is responsible to compensate YALA for any damages related to to any contract or deal with YALA.
3.5. We will ship in packaging according to trade custom at our discretion unless we agree otherwise.
3.2. If so wished by the Buyer, we will ship the product to destinations as requested by the Buyer. The Buyer carries the burden of shipment costs.
3.3. In case the delivery date agreed upon is more than (2) weeks after the conclusion of the contract and in case we have incurred cost increases with regard to the delivery item which were unforeseeable upon conclusion of the contract, we are entitled at our equitable discretion to increase the price agreed upon accordingly. It is agreed that the responsibility is on the buyer during this period.
3.4. Compensation: the buyer is responsible to compensate YALA for any damages related to to any contract or deal with YALA.
3.5. We will ship in packaging according to trade custom at our discretion unless we agree otherwise.
4.Time of Delivery, Scope of Delivery
4.1. Unless an ex works delivery date has been explicitly agreed by us as binding, any date or time stated by us for delivery is an estimate only. Fixed delivery dates are binding only upon their written confirmation by us.
4.2. We are for justified reasons at all times entitled to delivery and fulfillment in part.
4.2. We are for justified reasons at all times entitled to delivery and fulfillment in part.
5. Force Majeure
5.1. Force majeure circumstances, particularly strikes, lockouts, war, Pandemic, shortage of raw material, failure of public utilities, Acts of God, or other unpredictable occurrences whatsoever beyond our control and affecting the normal operation, as well as interference by means of jurisdictional sovereign acts, shall cause to void the contract being affected, and both parties shall be excused from performing their part of the agreement in such an event for the period of the interruption and to the extent of the consequences thereof including the conditions that render the execution of the affected contract uneconomical for a limited time thereafter. This course of action shall also be applicable when under any of the aforesaid circumstances our suppliers are unable to meet their supply commitments and we, on the other hand, do not have any alternative source of procurement or if the conditions of procurement from such alternative source be unacceptable.
5.2. Should the delay in delivery in consequence of any of the aforesaid occurrences exceed 6 weeks, both parties to a contract are assigned the right to withdraw from the affected part of the contract.
5.3. We shall not be liable to the Buyer for any consequential or indirect damage whatsoever arising out of force majeure circumstances.
5.2. Should the delay in delivery in consequence of any of the aforesaid occurrences exceed 6 weeks, both parties to a contract are assigned the right to withdraw from the affected part of the contract.
5.3. We shall not be liable to the Buyer for any consequential or indirect damage whatsoever arising out of force majeure circumstances.
6. Quality information
6.1. All statements of contents or composition of our goods, whether set forth in our quotations or elsewhere, are estimates only and do not form part of the contract. Any sample of goods submitted by us, shall be regarded as an approximate specimen only and are subject to certain customary deviations although we use our best endeavors throughout the production.
6.2. Any advisory suggestion or help given by us about our goods is given according to best knowledge based on the state of our experience and knowledge. We shall assume no responsibility whatsoever with respect thereto; verification of all information and data by means of appropriate tests and trials shall be the sole responsibility of the Buyer.
6.3. Observance of statutory and administrative regulations with regard to the storage, further transport and the use of our goods shall be the sole responsibility of the Buyer.
6.2. Any advisory suggestion or help given by us about our goods is given according to best knowledge based on the state of our experience and knowledge. We shall assume no responsibility whatsoever with respect thereto; verification of all information and data by means of appropriate tests and trials shall be the sole responsibility of the Buyer.
6.3. Observance of statutory and administrative regulations with regard to the storage, further transport and the use of our goods shall be the sole responsibility of the Buyer.
7. Place of Performance
Place of performance for all rights and obligations resulting out of this contractual relationship is Qassim-KSA unless we agree otherwise.
8. Passage of Risk
8.1. Unless the parties agree, the risk in the goods passes to the Buyer at the time that the object of purchase is handed over to the shipping agent, carrier or other persons or establishments appointed to the execution of shipment.
8.2. The Buyer shall immediately notify YALA of complaints arising out of damages and demand written confirmation thereof in case it was YALA’s fault.
8.3. Transport insurance may be arranged by us at Buyer’s special request and on Buyer’s account. The weight or pieces of goods handed over to the carrier shall be conclusive for the premium payable.
8.2. The Buyer shall immediately notify YALA of complaints arising out of damages and demand written confirmation thereof in case it was YALA’s fault.
8.3. Transport insurance may be arranged by us at Buyer’s special request and on Buyer’s account. The weight or pieces of goods handed over to the carrier shall be conclusive for the premium payable.
9. Warranty
9.1. The Buyer is called upon to examine the goods supplied by us immediately upon receipt of the same, and if considered reasonable also by way of appropriate trial, in respect of any defects or any quality issue. The buyer is deemed to have adequately inspected the products upon his approval of the purchase.
9.2. Our warranty is limited until the delivery time. This includes delivery to the customer or to any other party.
9.2. Our warranty is limited until the delivery time. This includes delivery to the customer or to any other party.
10. Liability
10.1. Our statutory liability for damages shall be limited as follows:
In any case, the extent of our liability shall be limited to typical damages foreseeable at the time of conclusion of the contract and resulting from slightly negligent breach of essential contractual obligations (such as the delivery of defect-free goods).
We shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
10.2. The Buyer shall take all reasonable measures to avert and reduce damages.
10.3. The buyer is deemed to have received the goods if the buyer asks to keep them in the refrigerators. They should be under his full responsibility regarding damages, rent, insurance and any other costs.
10.4. YALA’s liability is limited to the order value.
10.2. The Buyer shall take all reasonable measures to avert and reduce damages.
10.3. The buyer is deemed to have received the goods if the buyer asks to keep them in the refrigerators. They should be under his full responsibility regarding damages, rent, insurance and any other costs.
10.4. YALA’s liability is limited to the order value.
11. Terms of Payment
11.1. Unless otherwise agreed by us in writing, all payments shall be for the full amount of each invoice without deduction or set-off and each invoice shall be payable immediately upon receipt.
11.2. If any cash discount has been approved by us, the Buyer is entitled to that benefit on express condition that all older outstanding accounts have been settled in full by the Buyer.
11.3. The Buyer shall pay in advance before delivery. upon receiving the invoice. Unless the parties agree on other date or procedure.
11.4. The Buyer may NOT exercise any right on balancing accounts or of retention of money unless agreed by YALA in writing.
11.2. If any cash discount has been approved by us, the Buyer is entitled to that benefit on express condition that all older outstanding accounts have been settled in full by the Buyer.
11.3. The Buyer shall pay in advance before delivery. upon receiving the invoice. Unless the parties agree on other date or procedure.
11.4. The Buyer may NOT exercise any right on balancing accounts or of retention of money unless agreed by YALA in writing.
12. Proprietary Rights
12.1. Goods supplied by us remain the property of YALA until payment in respect of all amounts owing has been made in full.
12.2. If payment by the Buyer is no longer carried out in accordance with the contract or the invoice, YALA will not deliver any products. Such action is not a breach by YALA.
12.2. If payment by the Buyer is no longer carried out in accordance with the contract or the invoice, YALA will not deliver any products. Such action is not a breach by YALA.
13. Court of Jurisdiction, Applicable Law
13.1. For all legal disputes arising out of any contract or deal with us, the courts in Riyadh, shall be the court of jurisdiction unless we agree otherwise.
13.2. The laws of the Kingdom of Saudi Arabia, shall be applicable on our deals and contracts unless we agree otherwise.
13.2. The laws of the Kingdom of Saudi Arabia, shall be applicable on our deals and contracts unless we agree otherwise.
