Terms & Conditions

A. Definitions

MAGICTOUCH, means Magic Touch Computers L.L.C, Limited Liability Company

Buyer, means the Party to whom MAGICTOUCH may agree to supply products or services in accordance with these terms and conditions

Products, means all products and/or services to be provided by MAGICTOUCH to the buyer in accordance with these terms and conditions.

The following Terms and Conditions of Sale apply to all - present and future - contracts entered into by Magic Touch Computers and the Buyer for the sale of all Products, and shall be considered acknowledged by the Buyer by placing of an order, signing and returning of Proforma Invoice or acceptance of the delivered Product, whichever occurs first.

All orders placed with MAGICTOUCH by the buyer for products are subjects to availability.

B. Dispatch and Risk

1.     All dispatch dates are estimated only. Dispatch may be postponed because of conditions beyond MAGICTOUCH’s control, or any other reason, and in no event shall MAGICTOUCH be liable for any damages or penalties for delay of dispatch or delivery.

2.     MAGICTOUCH may at any time make partial delivery or render services partially.

3.     MAGICTOUCH might select the carrier but carrier shall not be construed as an agent of MAGICTOUCH.

4.     Risk shall pass to the buyer at the time the products are dispatched by MAGICTOUCH, and MAGICTOUCH accepts no liability for loss or damage caused by the carrier. Buyer shall bear all risk of loss in transit and is responsible for filing claims with the carrier and all freight and handling costs.

C. Retention of Title

MAGICTOUCH shall retain title to the Reserved Products until it has received payment in full of all sums due in connection with the supply of the Products to the Buyer.

D. Prices

1.     Price lists, or any advertising method as used by MAGICTOUCH are intended only as an

Indication to price and range of products, they are subject to amendment and no prices,

Descriptions or other particulars contained therein are and shall be binding to MAGICTOUCH.

2.     All prices are given by MAGICTOUCH at the time of the order are on ex-work free zone basis and buyer is liable to pay for transport, packing and insurance, customs duty or any other fees may occur.

E. Payment

1.     Terms of payment are stated on the invoice / Proforma Invoice.

2.     All bank fees, charges and commissions are paid by the Buyer.

3.     All payments should be transferred / deposited into MAGICTOUCH’s bank account only. MAGICTOUCH does not bear any liability for any loss that might occur if the buyer pays unauthorized personnel.

F. Orders Cancellation

Buyer’s signature on MAGICTOUCH’s Proforma Invoice shall be binding to buyer, if buyer decided to cancel the order a penalty of 20 % of the total order amount will be charged on buyer’s account plus all transportation & documentation charges that might occur, subject to immediate settlement.

G. Warranties

1.     Periods of Product's warranties, if any, are stated on the invoice, Conditions of Product's warranties, if any, are provided by the manufacturer of the Products as may be specified on Product packaging, accompanying documentation or RMA Policy of the manufacturer

2.     MAGICTOUCH makes no warranties whatsoever ,whether expressed , implied or statutory, including , but not limited to , any warranty of satisfactory quality, fitness or any particular purpose, or any warranty otherwise arising out of any proposal ,specification or sample .Magic Touch Computers neither assumes nor authorizes any person to assume for it any other liability.

3.     Any deviations of quality, color, width, weight, equipment or design, which are customary in trade or of a minor nature and technically inevitable, are excluded from the warranties.

4.     If Products are defective or become defective within the warranty period due to a production or material defect, MAGICTOUCH may choose, at its own discretion, to deliver refurbished or new Products, to repair the Products (“Subsequent performance”) or to issue a credit; all other warranty claims, in particular all of the Buyer’s or its Buyer’s claims to compensation for consequential damage, shall initially be excluded. Subsequent performances may be attempted several times.

5.     RMA Terms and Conditions apply.

H. Limitation of Liability

Liability of MAGICTOUCH for breach of or resulting from Products sold pursuant to this agreement shall be limited to the remedies set forth in the warranty provisions of this Terms and Conditions of Sale. In no event shall MAGICTOUCH be liable for costs of procurement or substitute goods by Buyer, or for injury or damage to business, loss of profits, revenues or goodwill, or loss of data. In no event shall MAGICTOUCH be liable for any special, consequential, indirect or incidental damage, however caused, whether for breach of warranty, breach of contract, termination, negligence, or otherwise, even if MAGICTOUCH shall have been advised of the possibility of such damages.

I. Jurisdiction and Applicable Law

Exclusively the law of the United Arab Emirates shall govern the Agreement. The Courts of UAE shall have exclusive jurisdiction to decide any dispute arising out of or in connection with this Agreement.

 

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