Terms and Conditions of Sales

1. 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 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.

2. Changes — Orders arising hereunder may be changed or amended only by written agreement signed 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 in writing by 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.

3. 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. 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 of any claims for shortages, defects or damaged goods and shall hold the goods for Seller’s written 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.

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.

4. 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.

5. 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.

6. Warranties — 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, 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.

7. 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.

8. 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. 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 this Agreement 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. This Agreement 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.

9. 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.

10. 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. Each party to this order agrees that any dispute arising between them shall be referred to Arbitration which shall be conducted at Karachi, Pakistan in accordance with the Pakistan law of arbitration.