OLIVIA
Domestic & International Buyers- Terms And Conditions

Acceptance

ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER’S ASSENT THERETO. WHEN THE BUYER PLACES AN ORDER HE SHALL BE DEEMED TO HAVE READ AND UNDERSTOOD ALL THESE TERMS AND CONDITIONS. NO VARIATION, AMENDMENT, ALTERATION, WAIVER OR CANCELLATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON MASKATIYA INDUSTRIES (PVT.) LTD. HEREINAFTER REFERRED TO AS THE “SELLER” UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
The Seller provides the content and services available on this website subject to the following terms and conditions. By accessing or using this website, the Buyer is acknowledging that it has read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Access to this website is permitted on a temporary basis and the Seller reserves the right to withdraw or amend the Services without notice. The Seller will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, the Seller may restrict access to some parts or this entire website.

Changes

Orders arising hereunder may be changed, modified or amended only in writing, via email or in any other form as may be agreed by both Buyer and Seller, setting forth the particular changes to be made and the effect, if any, of such changes on the price and time of delivery. Buyer may not cancel this order unless such cancellation is expressly agreed to by Seller and informed to the Buyer in writing, via email or in any other form as may be agreed by the Buyer and Seller. In such event, Seller will advise Buyer of the total charge for such cancellation, and Buyer agrees to pay such charges, including, but not limited to, storage and delivery costs.

Delivery, claims, delays

The goods ordered will be delivered by the Seller’s representative at the point of delivery mentioned in the order form. If Shipping and Handling Charges are quoted or invoiced, they will include charges in addition to actual freight costs. Seller reserves the right to make delivery in installments. Any failure on the part of the Seller to deliver installments within the stipulated time does not entitle the Buyer to repudiate the Order. The time of delivery is not of the essence but the Seller shall employ due diligence to complete delivery within time. Immediately upon Buyer’s receipt of any goods shipped hereunder, Buyer shall inspect the same at the time of delivery and shall notify Seller in writing, via email or in any other form as may be agreed by both Buyer and Seller of any claims for shortages, defects or damaged goods and shall hold the goods for Seller’s instructions concerning disposition. If Buyer shall fail to so notify Seller within five days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer. In the event that a non-delivery occurs on account of a mistake by the Buyer (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the Buyer.
Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond Seller’s reasonable control, including, without limitation, embargo or other governmental act,regulation or request affecting the conduct of Seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices

Payment

Payment will be made at the time of placing the order in case of orders placed from outside Pakistan. The form of payment shall be by confirmed and irrevocable Letter of Credit acceptable to the seller or through an instrument that is readily encashable. In the case of order placed within Pakistan for delivery in Pakistan payment will be made by cash at the time of delivery.

Taxes and other charges

Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller for the same; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.

Warranties

To the extent legally permitted and except as provided herein, the Seller excludes all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by the Seller (Warranties), other than those implied by statute which may not be legally excluded. Any liability the Seller may have to the Buyer under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at the Seller’s option. The Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Seller’s catalog displayed on the web. The Buyer shall be responsible for apprising himself of such description. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller’s warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Seller. Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products proved to Seller’s satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller’s sole discretion, upon the return of such products in accordance with Seller’s instructions.
BEFORE USING THE GOODS THE USER SHALL CAREFULLY READ THE INSTRUCTIONS THAT ACCCOMPANY THE PRODUCT AND ANY FAILURE ON THE PART OF THE USER TO STRICTLY FOLLOW THE INSTRUCTIONS SHALL RELIEVE THE SELLER OF ALL LIABILITY. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER’S GROSS NEGLIGENCE. All claims must be brought within twelve (12) months of delivery, regardless of their nature.

Returns

Goods may not be returned for credit except with Seller’s permission, and then only in strict compliance with Seller’s return shipment instructions.

Miscellaneous

Seller’s failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of Seller’s right to strictly enforce such terms or conditions or exercise such right thereafter and is not a waiver of any subsequent breach or default by the Buyer. All rights and remedies under this order are cumulative and are in addition to any other rights and remedies Seller may have at law or in equity. If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only; they form no part of the terms and conditions and shall not affect their interpretation. These Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.

Privacy Policy

The Seller undertakes not to divulge any information filled in by the Buyer on the order form to any third party unless such disclosure is required to be made by law or under the order of a competent court of law or legal process (iii) or to law enforcement authorities or government officials; (iv) or when the Seller believes the disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual fraudulent or illegal activity.

Errors

From time to time there may be errors on the Seller’s website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms and Conditions, to the extent legally permitted, the Seller may decline or cancel any orders that are affected by the error, even if the order has been confirmed and payment has been made. The Seller reserves the right to change prices, terms, specifications and warranties for products on this website at any time without prior notice.

Risk

Risk of damage, loss or deterioration to goods passes to the Buyer on delivery in accordance with these Terms and Conditions.

Title

Goods ordered by the Buyer remain the Seller’s property until the Buyer pays for them in full.

Limitation of liability

To the extent legally permitted, in no event will the Seller be liable to any party, including the Buyer for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if the Seller is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.

Indemnity

The Buyer agrees to indemnify, defend, and hold the Seller, its officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms and Conditions, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by the Seller.

Counterfeit

The Seller shall not be liable to the Buyer for any claim, liability or damage resulting from the use of any counterfeit products. In order to avoid the purchase of such counterfeit products, the Buyers should purchase directly from this website.

Website Warranties

This website is provided on an “AS IS,” “as available” basis. The Seller makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding this website. The Buyer expressly agrees that use of this website is at its sole risk.

Use of this Website

By accessing This website, the Buyer warrants and represents to the Seller that the Buyer is legally entitled to do so and to make use of information made available via this website. The buyer must not misuse this website. The Buyer will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of this website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence and the Seller will report any such breach to the relevant law enforcement authorities and disclose your identity to them. The Seller will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Buyer’s computer equipment, computer programs, data or other proprietary material due to the Buyer’s use of this website of to the Buyer’s downloading of any material posted on it, or on any website linked to it.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Seller or its content suppliers and protected by copyright laws. The compilation of all content on this site is the exclusive property of the Seller, with copyright authorship for this collection by The Seller, and protected by copyright laws.

Trademarks

The Seller’s trademarks may not be used in connection with any product or service that is not the Seller’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Seller.

Governing Law

All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of Pakistan including its conflict of laws principles.

Arbitration

The parties expressly consent that all disputes shall be amicably settled between the parties, failing which such disputes shall be settled in accordance with the Arbitration Act, 1940, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration shall be conducted at Karachi in the English language by a sole arbitrator who shall be mutually selected by the parties, and if the parties fail to agree on the choice of the sole arbitrator within 15 days of the dispute arising, he/she shall be appointed by the Sindh High Court. Each party shall bear its own costs and expenses of the arbitration and an equal share of the arbitrators’ fees and administrative expenses. Each party hereby agrees that any final arbitral decision shall be binding upon the parties.