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Mittsu Terms and Conditions of sale, Full

MITTSU TERMS AND CONDITIONS OF SALE

  1. Definitions

“Buyer” means the person, firm, or company purchasing the Goods.

“Company” means Mittsu Building Materials Trading L.L.C, The Exchange Tower - G06-193, Business Bay, Dubai, UAE, Trade License 1614551, or any entity stated on the quotation, proforma invoice, or invoice.

“Goods” means the tiles and any related products or services supplied by the Company.

“Order” means any order placed by the Buyer, whether in writing, by email, verbally, or by payment.

“Price” means the price for the Goods excluding VAT, carriage, insurance, duties, and taxes unless stated otherwise.

“Conditions” means these terms and conditions of sale.

“Contract” means the agreement between the Company and the Buyer comprising the quotation or proforma invoice, these Conditions, and any written terms agreed by the Company.

  1. Application

These Conditions apply to all sales and override any terms submitted by the Buyer unless agreed in writing by the Company.

Placement of an Order or payment in full or in part constitutes acceptance of these Conditions.

  1. Contract Formation

A Contract is formed when the Company accepts the Order or receives payment.

In the event of conflict, the following order of precedence applies:

  1. Special written terms agreed by the Company
  2. The quotation or proforma invoice
  3. These Conditions
  4. Prices

All prices are subject to change until the Contract is formed.

Unless stated otherwise, prices exclude VAT, carriage, insurance, customs duties, and any applicable taxes or charges.

  1. Payment

Payment terms are as stated on the quotation or invoice.

The Company may withhold production, allocation, or shipment until payment has been received in cleared funds.

  1. Shipping Costs and Adjustments

Any shipping, freight, or logistics costs quoted are based on rates available at the date of the quotation or invoice.

Due to factors outside the Company’s control, including fuel costs, shipping routes, port access, geopolitical events, and carrier pricing, such costs may change.

Where shipping or logistics costs increase by more than 25%, the Company reserves the right to pass on the increase to the Buyer.

Reasonable supporting information will be provided upon request.

  1. The Goods and Natural Variation

The Buyer acknowledges that ceramic tiles vary in size, shape, shade, tone, and texture between samples, batches, and production runs.

Such variation is inherent in the manufacturing process and does not constitute a defect.

  1. Delivery

Delivery dates are estimates only and are not guaranteed. Time for delivery is not of the essence.

The Company shall not be liable for delay caused by events outside its control, including shipping disruption, port congestion, routing changes, or carrier delays.

Delivery is kerbside unless agreed otherwise. The Buyer is responsible for providing suitable access, labour, and equipment to unload and handle the Goods.

The Company may deliver the Goods in instalments, each delivery forming a separate contract.

  1. Risk and Title

Risk in the Goods passes to the Buyer on delivery.

Title to the Goods remains with the Company until payment has been received in full and in cleared funds.

  1. Inspection and Claims

The Buyer must inspect the Goods on delivery.

Claims for shortage or damage must be made in writing, with supporting images, within 24 hours of delivery.

Claims for non-delivery must be made within 3 days of the expected delivery date.

Failure to comply with these requirements will result in the claim being rejected.

  1. Returns

The Company does not accept returns or exchanges for unwanted, surplus, or incorrectly ordered Goods.

No return will be accepted unless authorised in writing by the Company prior to dispatch.

Any authorised return is at the Company’s sole discretion and may be subject to handling, transport, and restocking charges.

  1. Cancellation

Orders may not be cancelled without the Company’s prior written consent.

Where cancellation is accepted, the Company reserves the right to charge a cancellation fee of not less than 35% of the Contract value, together with any additional costs incurred.

 

  1. Liability

The Company warrants that the Goods will correspond with their specification at the time of delivery.

The Company shall not be liable for defects arising from installation, misuse, wear and tear, failure to follow instructions, or any alteration or repair not approved by the Company.

The Company’s liability is limited, at its option, to replacement of the Goods or refund of the price paid.

The Company shall not be liable for any indirect or consequential loss, including loss of profit, delay costs, or third-party claims.

  1. Force Majeure

The Company shall not be liable for failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including but not limited to war, trade restrictions, supply chain disruption, labour shortages, or shipping delays.

  1. Governing Law

These Conditions are governed by the laws of the United Arab Emirates.

The Buyer agrees to submit to the jurisdiction of the courts of Dubai.

  1. Company Details


Mittsu Building Materials Trading L.L.C
The Exchange Tower - G06-193
Business Bay
Dubai
United Arab Emirates

Trade License 1614551

 

A copy of this can be downloaded here.

https://www.dropbox.com/scl/fi/6bzborpnrn7dbwvjj5qcs/MITTSU-TERMS-AND-CONDITIONS-OF-SALE.pdf?rlkey=wr47zfd3cly2oiihqw2yzww3z&dl=1