STANDARD TERMS AND CONDITIONS OF ONLINE SALE

ARTICLE 1: SCOPE

1.1. These standard terms and conditions (“STANDARD TERMS AND CONDITIONS OF ONLINE SALE”) govern all sales of products to professionals (the “Products”) offered on the website www.azmatcables.com by Azmat Cables Industries (the “Website”).

1.2. Placing an order for Products implies the Customer’s full and unreserved adherence to these STANDARD TERMS AND CONDITIONS. In accordance with the law, these STANDARD TERMS AND CONDITIONS constitute the basis of the commercial negotiation and prevail over any contradictory provisions that may derive from the Customer.

2. DEFINITIONS

• “Customer”: Any legal entity or natural person purchasing Products from the Seller for strictly professional purposes.

• “Order”: Action for the Customer to accept these STANDARD TERMS AND CONDITIONS by ticking the box “I have read and I accept the general conditions of sale,” selecting a Product on the order page, and validating the order process up to payment, according to the conditions set out in Article 3.

♦”Contract”: Set of documentation consisting of the Customer’s Order, these STANDARD TERMS AND CONDITIONS, and any potential specific agreement agreed upon by the Parties.

♦ “Intellectual Property Rights”: Any information belonging to the Seller or any other person, including patents, trademarks, designs, and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods, and original know-how, databases, technical, commercial, or financial information or any other intellectual property right subject to protection in one or more countries.

♦”Party”: The Customer on the one hand, and the Seller on the other hand, referred to jointly as the “Parties.”

♦ “Products”: All Azmat Cables Industries Products listed on the Azmat Cables Industries website.

♦”Website”: www.azmatcable.com

♦ “Seller”: Azmat Cables Industries.

3. ORDERS

3.1. The Order is placed with the Seller by the Customer by selecting one or more Products, which, in accordance with the selection, the Customer places in his “Shopping Cart.”

3.2. Before validating the Order, the Customer shall expressly accept these STANDARD TERMS AND CONDITIONS by ticking the box “I have read and I accept the general conditions of sale.”

3.3. The Order is only validated after the Customer provides the information required for the successful completion of his Order. This information includes:

♦ Customer’s name, billing address, email address, telephone number,

♦ NTN/STN/CNIC (as applicable); and Delivery address and recipient’s telephone number.

3.4. The Customer warrants the accuracy of all this information. If all or part of the delivery addresses prove incorrect, obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences, and the Seller is entitled to charge administrative and transportation costs associated with returning the Orders.

3.5. The Customer’s Order shall be systematically confirmed via email, WhatsApp, or call at the information indicated by the Customer when placing the Order. This confirmation email shall include a Sale order in the Customer’s name, summarizing the identifying features of the Order.

3.6. To track the Order, the Customer may contact the Seller’s customer service department contact us.

3.7. The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfillment or payment of a previous Order, or the Customer has a history of order rejection without justifiable reasons, or when the Customer has not complied with these STANDARD TERMS AND CONDITIONS.

4. PRODUCT AVAILABILITY

4.1. The Order is placed subject to the availability of the Seller’s stocks. In case of a shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production, partial delivery, or cancellation of the Order.

4.2. In case of a shortage of supply, the Seller cannot be held liable for the physical impossibility of honoring the Order.

5. DELIVERY

5.1. To optimize delivery, it is advisable to provide an address to which the Order may be delivered during working hours.

5.2. The delivery times indicated are average delivery times, provided for information only and may vary according to the destination, weather, and law & order situations.

5.3. The delivery time for in-stock items is within 7 days, for non-stock items by air 2 working weeks from the time of Order.

5.4. The Seller’s online sale department, under its sales contract, is fully responsible for delivery and shipping, with the costs incurred being integral to these transactions. In the event of a dispute on delivery, any claim must be sent within 48 hours to the online sale department at sales@azmatcable.com, in addition to any reservations made to the carrier under legal conditions.

5.5. Delivery is made by Any Courier Services or by Cargo Services. Failing delivery to the address indicated by the Customer within seven (7) working days after the scheduled delivery date indicated by the Seller, the Customer may cancel his Order by contacting the Seller contact us. However, this cancellation shall not be valid when the Seller has been prevented from making a delivery by a case of force majeure, as set out in Article 12 of the STANDARD TERMS AND CONDITIONS, and has informed the Customer as soon as possible.

6. PRICES

6.1. The prices are indicated on the Website in Pak Rupees (PKR), excluding all taxes applicable in Pakistan, and including processing and delivery costs.

6.2. The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.

7. PAYMENT

7.1. The Order shall be paid by Electronic Transfer once the Order has been placed/at the time of order placement.

8. PRODUCTS COMPLIANCE

8.1. UPON EACH DELIVERY OF PRODUCTS, THE CUSTOMER MUST IMMEDIATELY CHECK THAT THE DELIVERY RECEIVED COMPLIES WITH THE ORDER PLACED. THIS CHECK SHALL BE CARRIED OUT USING CRITERIA WHICH, UNLESS SPECIFICALLY AGREED IN WRITING, ARE AS FOLLOWS: COMPLIANCE WITH THE PLACE AND METHOD OF DELIVERY, COMPLIANCE WITH THE TYPE AND QUANTITY OF PRODUCTS DELIVERED IN RELATION TO THE QUANTITY ACCEPTED AND ACKNOWLEDGED BY THE CARRIER WHEN LOADING, AND THE CONDITION OF THE PACKING BOXES.

8.2. If necessary, the Customer shall make clear and precise reservations on the carrier’s slip. Simultaneously, the Customer shall also send a copy of the letter to the Seller by registered letter with acknowledgment of receipt.

8.3. Should the Product delivered to the Customer not comply with the Order, the Customer may communicate the same at sales@azmatcable.com and return the product to the Seller if the Seller so directs.

8.4. If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller:

♦ Either to have a Product delivered that complies with the one ordered (provided it is in stock);

♦ Or to have a Product of equivalent quality and value delivered (provided it is in stock);

♦ Or to be refunded for the price of the Product within thirty (30) days of his claim through a cross check in favor of the customer.

8.5. In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller.

9. RETENTION OF TITLE

9.1. THE SELLER SHALL RETAIN FULL OWNERSHIP OF THE PRODUCTS UNTIL THE COMPLETE PAYMENT OF THE PRICE AND INCIDENTAL COSTS BY THE CUSTOMER AND ACTUAL COLLECTION BY THE SELLER OF THE SUMS DUE UNDER THE CONTRACT AT THE TIME OF DELIVERY (“CASH ON DELIVERY” OR “COD”). UNTIL THEY ARE PAID FOR IN FULL, THEY SHALL REMAIN IN THE CUSTODY OF THE CUSTOMER WHO MUST ASSUME THE RISKS THEREOF.

9.2. The implementation of this retention of title clause cannot have any effect whatsoever on the transfer of risks to the Customer, which takes place upon receipt of the Products by the latter.

10. USE OF THE WEBSITE AND PERSONAL INFORMATION

10.1. The use of the Website shall not confer any rights. All rights used or represented on the Website shall remain the Seller’s exclusive property and cannot be reproduced, disseminated, sold, marketed, or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.

10.2. Access to the Website is provided on an “as is” basis, accessible according to its availability and with no guarantee from the Seller. It shall be used at the user’s risk. The Seller does not warrant that:

♦ (i) the Website, the content, and Products offered shall fully meet the user’s expectations,
♦ (ii) the Website shall be uninterrupted and free from all errors, or that
♦ (iii) the Website shall not contain any viruses.

 10.3. Computerized registries are kept in the Sellers’ IT systems under reasonable conditions of security as proof of communications, orders, and payments made by the Customer. Purchase orders and invoices are filed on a reliable and durable medium. The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.

10.4. The Customer has a right to access, modify, amend, and delete his personal data by communicating to us [insert contact details]. More specifically, when the Order is placed and the Customer provides his personal data, he is asked to give his authorization,

♦ (i) if he wishes to receive information on the Seller’s Products and the Newsletter;
♦ (ii) if he agrees to his data being shared with the Seller’s partners;
♦ (iii) for the purposes of the guaranteed secure payment on the Website.

 10.5. Failing the Customer’s express agreement by clicking on each of these items, the Seller agrees not to make such use of it.

11. LIABILITY

11.1. Under no circumstances can the Seller be held liable for indirect or unforeseeable damage, in particular consequential loss such as financial and commercial damage, loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.

11.2. In any case, the amount of the Seller’s liability for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer.

11.3. Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.

12. FORCE MAJEURE

12.1. The Seller cannot be held liable for failure to fulfill one of its commitments to the Customer if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.

12.2. In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.

13. INTELLECTUAL PROPERTY RIGHTS

13.1. The Products contain graphic, visual, and textual elements and illustrations (the “Intellectual Property Rights”), all protected by copyrights, rights on the image, rights on models, trademark rights as owners.

13.2. Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation. The rights of use, representation, and reproduction over the Products shall continue to be held by the Seller.

13.3. Any reproduction, copy, imitation, publication, communication, marketing, or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorization of the rights holders.

14. DISPUTE/APPLICABLE LAW

14.1. These STANDARD TERMS AND CONDITIONS, in addition to any contract entered into pursuant to the STANDARD TERMS AND CONDITIONS, are subject to Pakistan law.

14.2. Any dispute relating to these STANDARD TERMS AND CONDITIONS shall be dealt with under the Arbitration Act, 1940.