Terms and Conditions
Version: September 2011
1.1. The 7 Group is a division of IWS FZE (IWS).
Therefore, contractual partner of the client is IWS.
1.2. The Terms and Conditions (TC) of IWS apply to all business to be transacted
with customers in the future.
1.3. The contractual relationship between IWS and the client is outlined in the contract
between the client and IWS.
1.4. Written and oral agreements with our representatives are only binding on us
if they are confirmed in writing.
1.5. The customer will be made explicitly aware that the sales staff are not authorized to make agreements that are not in line with these terms.
2. Justification of the contract
2.1. The contractual relationship is founded upon a written / electronic order of the customer and written / electronic acceptance or “positive” adoption by providing the expected services/products by IWS.
2.2. IWS can reject the offer by the customer at any time without notice for any reason.
3. Shipping and Cancellation Rights
3.1. The term “delivery” designates the physical delivery of goods to the customer.
3.2. All delivery dates are an approximation. IWS does not take any guarantee whatsoever for delivery times.
3.3. If a product is not available temporarily or permanently, IWS will inform the customer immediately about the non-availability. IWS will then – in consultation with the customer – refund the payment, deliver not currently available items at a later time or another product to the customer’s choice.
3.4. Partial deliveries are permissible. IWS reserves the right to deliver larger amounts in smaller package sizes. The shipping costs will be charged in this case only once.
3.5. The consequences of force majeure or similar unforeseen events by us or our suppliers (e.g. operations or traffic problems, fire or flood, labor, energy or raw materials shortages, strikes, lockouts to release official measures) adjust the obligation to make timely delivery and give us the right to make further deliveries without compensation and without requirement for subsequent delivery.
4. Responsibility for Content
4.1. IWS assumes no responsibility for the Internet by “links to other websites” content made available, especially the external links to manufacturer sites or product descriptions.
5. Codes / Passwords
5.1. In cases a special code (e.g. identification number / PIN code or password) is required for the use of a service, the customer is obliged to keep this code confidential. If in doubt of knowledge of the code by an unauthorized third party, the customer has to change the code immediately, or – if this can be done only by IWS – instruct IWS without delay with the change of the code.
5.2. If services of IWS are used by unauthorized third parties using a code claimed, then the customer is liable for all charges incurred thereby.
6. Retention of title
6.1. We retain ownership of all delivered goods until full payment
of the invoice amounts.
7. Prices and Payment
7.1. IWS provides the customer with the services and products agreed in the contract at the prices and conditions as outlined in the contract.
7.2. IWS is entitled to change the terms and conditions and the product/service description or prices at any time.
7.3. The invoice amounts are due within the time as specified in the contract without any deduction and free of charges payable to us, unless a different terms of payment agreed upon in the invoice.
7.4. IWS is entitled to levy extortion fees, interest and appropriate enforcement costs on the customer for every reminder sent to the customer.
7.5. If the customer, despite warning, delays his payment, we are entitled to charge default interest at a rate of 14% p.a., and the actually incurred costs to assure proper operation, necessary reminder and collection expenses as well as legal costs. The customer is explicitly pointed out that IWS reserves to hand over the claim costs after the first dunning level to a collection agency or a lawyer. Additionally, all fees will be charged to the end of the current contract period prematurely due.
7.6. The withholding or set-off by the customer due to counter-claims of any kind is always excluded, except those that are legally established in court or accepted by us in writing.
7.7. Any objections to invoices by the customer must be made at IWS in writing within 14 calendar days after receipt of invoice. No objections is made within that period constitutes acceptance of the invoice.
7.8. An objection on the part of the customer against bills does not exempt
from the payment thereof.
8. Sharing of costs, payment of taxes
8.1. The customer has to bear all costs, taxes and other charges due to the use of the services or products.
8.2. Power and communication costs (telecommunications provider) between the customer and IWS shall be borne by the customer. Deviations require written confirmation of IWS.
9. Warranty and Liability
9.1. The warranty period is outlined in the contract. If a warranty is agreed upon in the contract, IWS is only guaranteeing to defects that existed at the time of transfer of risk. Small commercial or technically unavoidable differences in quality do not justify claims.
9.2. A deficiency of the goods must be notified in writing. Obvious defects must be reported within two weeks of receipt of goods. The notice period is preserved by sending the notice of defects to IWS.
9.3. We can compensate deficiencies at our own discretion
(replacement, reimbursement, repair etc.)
9.4. Customers’ cost of returning the goods will be reimbursed by IWS if the
complaints are legitimate.
9.5. The use of the products is at the customer’s sole risk.
9.6. The products are delivered, as they currently exist. Any express or implied warranty is not given particular regarding the desire of copyright or other rights of merchantability or fitness for a particular purpose.
9.7. Neither IWS nor any other person involved in the development, production or supply of the products are liable for damages of any kind, in particular, they are not liable for consequential damages such as loss of profit, as a result of the use of the Products and/or Services or the impossibility or difficulty of use of Products and/or Services or as a result of the breach of a warranty obligation incurred. Furthermore, we are not liable for the loss of profits due to delayed or defective delivery, for adverse effects from caused by this breakdown, transportation costs, in connection with the replacement of the defective arise with perfect goods, for any removal and replacement costs as well as for the customers of the customers against any claims that we also assume no liability for gross negligence. A legal basis of mandatory requirements nevertheless proven to be refunded and damage is limited to 1 times the amount of the purchase price. We are responsible for our own negligence and that of our agents, but not for simple negligence.
9.8. IWS is not liable for failures or interruptions in the course of official investigative activities caused. Compensation claims are not substantiated by this.
9.9. The exclusions do not apply if liability under the applicable laws is
essential to this Agreement.
9.10. The client acknowledges that the conditions apply also to others.
10.1. Demands of the customers must be claimed within six (6) months after their creation otherwise enters limitation.
10.2. If any provision of this agreement be or becomes invalid, the validity of the remaining provisions shall not be affected. The contracting parties shall, if a provision is invalid, agree on a new provision that comes close to the intended regulation and is legally possible.
10.3. Also employees, freelancers, representatives etc. of IWS, have the right to rely directly on the decisions taken in these provisions on the limitation of liability.
10.4. Payment and performance is made in Ras al Khaimah.
10.5. The court of jurisdiction for both parties is the competent court in Ras al Khaimah.
10.6. This agreement, its implementation and all other agreements are governed by the laws of the United Arab Emirates/the Emirate of Ras al Khaimah.
10.7. IWS is entitled to transfer their acquired rights and obligations in the contract to a successor. IWS will inform the customer in the particular case of this.