- In these term and conditions the “ Company” means Alfath Aldahabia company, Customer means person or company who purchases goods from the company or our supplier, or sign an agreement for implement project, “Goods” means any good bought form our branches or agreed to be supplied through the company to the customer, “Contract” means any contract between the company and the customer for the sale and purchases of the goods and subcontract to implement project which incorporates these terms and conditions.
- No terms, conditions, warranties, reservations, or stipulations by the Customer and no course of dealings shall annul, vary or add to any of these terms and conditions except where expressly consented to by the Company in writing.
- No relaxation, forbearance, delay or indulgence of the Company in enforcing any of its rights shall affect prejudice or restrict such rights and any waiver of the Company in respect of any breach of contract by the Customer shall not operate as a waiver of any subsequent or continuing breach.
- These terms and conditions and any Contract are governed by Libyan Law and the Company and the Customer agree to submit to exclusive jurisdiction of the courts of Libya.
- Advertising issued by the Company and any descriptions or illustrations contained in the Company’s buyers guide, brochures or websites are issued or published for the sole purpose of giving an approximate idea of the available goods or describe the offered project and shall not form part of the Contract between the Company and the Buyer or subcontract.
- For comprehensive terms and conditions relating to any installed project, construction, site or service work please refer to our Sales Office on www.alfath.ly/en/contact-us/.
- Price
- All prices for the products the company supply are available in the company’s branches all around the country, for the projects quote please send email to “tm@alfath.ly”.
- All prices quoted by the Company in any written quotation are valid for 30 days provided that the Company has not previously withdrawn it or extension is approved. The Company does endeavour to maintain these prices, however, due to factors beyond the Company’s control e.g. currency fluctuations, raw materials increase etc. the Company reserves the right to alter the price of any Goods without prior notice.
- The prices for the quoted project are not subjected to change when the contract is signed and approved.
- All prices exclude V.A.T. which shall be charged at the rate applicable at the date of invoice.
- For more information please contact the company office, contact details are available on www.alfath.ly/en/contact-us/.
- Payment
- Payment for the goods collected or delivered from the company’s branches can be done by cash and check payment methods.
- Time for payment shall be of the essence.
- For the project contract, (implemented by the company) if the Customer (owner of the project) fails to pay to the Company any sum by the due date then the Customer shall be liable to pay interest to the Company on such sum from the due date of payment at the rate of 2% above the base lending rate from time to time of the Company’s bank accruing on a daily basis until payment is made and/or (at the Company’s sole discretion) the Company shall be entitled to claim interest under the Late Payment of Commercial Debts (interest) such claim or claims to interest for non-payment have been waived by the Company in the past.
- The Customer shall make all payments due to the Company without any deduction whether by of set-off, counterclaim, discount or abatement or otherwise.
- Further payments details/ conditions will be included in the contract.
- Liability
- The Company is not a manufacturing company but merely acts as a reseller and is therefore not responsible for the manufacture of any goods sold.
- All warranties, conditions and other terms implied by statute or Libyan common law to the fullest extent permitted by law excluded from these terms and conditions and any contract.
- It is the responsibility of the Customer to check the suitability and condition of all Goods supplied by the Company before use.
- The Company’s total liability in contract, tort (including negligence or breach of statutory duty, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance by the Company of the Contract shall be limited to either the supply of replacement Goods, or the repair of the Goods (to the limit of the invoice price) or reimbursement not exceeding the invoice price for the Goods.
- The Company shall not be liable to the Customer (owner of the project) for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct or indirect consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arising out of or in connection with these terms of business or the Contract include late or non delivery of the Goods.
- The company (when implementing a project) shall not be liable for any lose resulted by delay of the project owner to supply the goods or not acting with any of the terms of the contract and the company, the project owner shall be liable to pay interest to the Company using the rate stated in the contract.
- Subcontract
- The Company reserves the right to sub-contract part or all of any Contract with any Customer without prior notice to the Customer (Owner of the project) unless otherwise is requested.
- Due to the political and security situation of the country additional charge will be subjected to any project implemented by the company to caver the security cost for deliveries of equipment, staff transportation and safety of the project site during the working period, the company shall not be liable to any responsibility to any damage or steal of project installed equipment after the project work completed, unless agreed otherwise, extension will be subjected to additional charge.
