General Terms & Conditions

GENERAL

  1. All contracts, agreements, payment and other official document will be in the name and order of GULF CENTER UNITED INDUSTRIAL EQUIPMENT CO. W.L.L.;
  2. In the following clauses and sub- GULF CENTER UNITED INDUSTRIAL EQUIPMENT CO. W.L.L. will be referred to as GULF CENTER;
  3. All our products and services are supplied and executed according to the following General Terms & Conditions, except if any other conditions are clearly pointed and accepted by both parties in writing;
  4. The acceptance of any our offer or agreement implies the acceptance of our term and conditions;
  5. In case of differences between the General Terms & Conditions and the Sales Proposal or Sales Agreements, the respective Sales Proposal or Sales Agreement takes precedence over the General Terms & Conditions;
  6. Our products come with a manufacturer warranty, being the warranty conditions of the respective equipment based on the warranty conditions granted by the manufacturer of the equipment. If nothing else is agreed, our warranty conditions under point 9. of this document are to be considered;
  7. Whenever a manufacturer whose products we represent introduces modifications in the equipment, GULF CENTER reserves the right to introduce any of these modifications used during the production process, if these modifications aim to improve the quality or efficiency of the ordered products/services. These modifications in any case will not diminish the guaranties assumed by the manufacturer. Such modifications will be communicated to the customer during the manufacturing period;
  8. Any document or study of any kind, such as; offers, sketches, drawings, reports, calculations, etc., given or sent to our customers are always and GULF CENTER Property and cannot be communicated or transferred to any third parties without our expressed approval in writing. If this clause is not respected GULF CENTER will be entitled to a compensation and will also have the right to present a claim to the judicial courts, following the intellectual/industrial property protection law;
  9. The delivery of equipment is done at our installations, except if other address is agreed between both parties and confirmed in writing. Also, the address for any payment is our installations in Kuwait, except if offered or agreed otherwise in writing;
  10. Al disputes resulting, directly or indirectly, from the established sales contracts will be presented to the courts in Kuwait or to a previous agreed commercial arbitration instance;
  11. Any request by the customer to introduce changes to the original order during the production process, must be conveyed to GULF CENTER in writing and will stop the production process until the technical possibilities, additional costs, if any, and delivery time are evaluated by GULF CENTER and the manufacturer. Any resulting additional costs, delivery time extensions, changes to the projects, etc. originated from such a request, must be confirmed by the customer in writing;
  12. We do not accept, in any case, the cancelation of any order which is already in design stage or production;
  13. In the case of design and engineering services, any request by the customer to introduce changes to the original order during the design process, must be conveyed to GULF CENTER in writing and will stop the design process until the technical possibilities, additional costs, if any, and delivery time are evaluated by GULF CENTER and the manufacturer. Any changes resulting from such a request must be confirmed by the customer in writing;
  14. We do not accept, in any case, the cancelation of any project, which is already in the design stage;
  15. Words importing the singular shall include the plural and vice versa;
  16. References to clauses, schedules and other documents, unless otherwise stated, are the clauses in and the schedules and other documents within and annexed to the respective Agreement;
  17. Dates and periods of time shall be constructed by reference to the Gregorian calendar;
  18. Day means work day;
  19. Week means seven (7) calendar days commencing with any day of the week;
  20. “Including”, “such as”, “for example” and similar expressions shall be constructed without limitation;
  21. In writing means any hand-written, type-written or printed communication including email (against a written confirmation of receipt)

SUPPLY LIMITS

  1. Our supplies include only and strictly the equipment or services specified in our offers. The acceptance of our offers implies the acceptance of these General Terms & Conditions;
  2. Except if agreed otherwise in writing, expenses with customs and other custom related duties and fees are not included in our deliveries;
  3. Except if agreed otherwise in writing, Soil Probes, Surveying Services, Excavations, Earthmoving, Soil Compaction, Rebar, Concrete Reinforcements, Shoring, Formwork, Leveling, Civil works, Foundations, Foundation Anchors, Foundation Plates, Structural Calculations, are not included in our deliveries;
  4. In case equipment require a water feed installation, the necessary Water pumps, pressure regulation equipment, piping and control equipment is excluded up to the water supply point of the equipment or plant structure, except if agreed otherwise in writing;
  5. Electric feed installation, including Power Panels for the equipment/plant supplies, DBs, power control equipment and power supply cables, is excluded up to the power supply connection point of the equipment or plant, except if agreed otherwise in writing;
  6. Our equipment/plants will be supplied requiring 400V-AC-50Hz power supply. If technically possible, and accordance to local and general legal and technical requirements, our equipment/plants can be supplied with different voltages, if previously agreed in writing;
  7. Except if already incorporated in the equipment/plant by the manufacturer, equipment or plant lightning is excluded from our supply, except if agreed otherwise in writing;
  8. Where equipment are equipped with Admixtures Scales, the feed installation of the admixture up to the pump is excluded from our supply, except if agreed otherwise in writing;
  9. Electrical power, water and any type of fuel necessary to the erection, assembly, testing, commissioning or operation of equipment/plant is excluded from our supply, except if agreed otherwise in writing;
  10. Weights for calibration and local official approval of the weighing scales is excluded from our supply, except if agreed otherwise in writing;
  11. Where the erection or assembly of an equipment/plant is part of our supply, mobile or tower cranes are excluded from our supply, except if agreed otherwise in writing;
  12. Skids, steel structures, auxiliary structures, machine structures, platforms, supports and racks not incorporated in the equipment/plant supply by the manufacturer, are excluded from our supply, except if agreed otherwise in writing;
  13. In case skids, silo structures, auxiliary structures, building structures, machine structures, shades, platforms, supports, racks and other items, are included in our supply, all steel raw material will be in conformity with S235 – EN10025:2004 or to ASTM A36 or equivalent grades, except if agreed otherwise in writing;
  14. In case skids, silo structures, auxiliary structures, building structures, machine structures, shades, platforms, supports, racks and other items, are included in our supply, the following colors, according to the RAL Color Chart, will be preferably used: RAL 1001, RAL 1013, RAL 9002, applying, at least, one coat of primer and one top coat of paint, except if agreed otherwise in writing;
  15. Any materials, such as, but not limited to, cement, sand, aggregates, additives, ice, steel, fly ash, or microsilica needed for testing, adjustment or commissioning of or supplies, excluded from our supply, except if agreed otherwise in writing;

TRANSPORTS

  1. When the service of transport is not part of our supply all risks and responsibilities are held by the customer;
  2. When the transport by truck, container or other to the customer´s address or nearest port is included in our supply, the customer will be responsible for all the costs resulting from: delays on unloading procedures, if the respective unloading place is not properly prepared and makes the unloading procedures impossible;

ASSEMBLY/TECHNICAL ASSISTANCE

  1. In the cases where GULF CENTER or the manufacturer is responsible for assembling and/or erect the equipment object of the contract, the customer will be responsible for all the costs caused by the interruption of the assembling process which are out of GULF CENTER responsibility. These interruptions will be sufficient reason to the necessary postponing of the agreed schedule;
  2. If nothing else agreed in writing, the displacements of technicians for assembly or technical support by GULF CENTER, include the invoicing of all hours starting from depart until the returning to our installations and all related expenses: travelling expenses, tolls, meals and hotels;

PAYMENT CONDITIONS

  1. All ordered payments will be done at our address Kuwait, according with plan specified and agreed by both parties. This plan has to be clearly indicated in the offers or contracts that support the deal;
  2. The payment conditions cannot be changed or postponed by the customer and doesn’t matter the stated reason, even if this reason is of juridical origin;
  3. The delays of the due payment dates will delay any service or production and origin the calculation of interest costs at legal rate, which will be invoiced to the customer;
  4. In the cases when the customer does not collect or receives the equipment that were at its disposal at our installations or other previous agreed installations/sites, it will give the right to GULF CENTER to invoice the customer all costs related to the stock of these equipment: parking area, insurances, etc., The delay on the collection or the reception of the equipment will not give the right to the customer to change the agreed payment conditions;
  5. The payment of additional costs resulting of the prices revision policies will be ruled by the Kuwaiti Law;
  6. The property of the equipment and items resulting from services, like drawings, Calculations, Bill of Material, etc. sold by GULF CENTER will only be transferred to the customer after he has paid 100% of the agreed values;
  7. All payments to be made in the name of GULF CENTER UNITED INDUSTRIAL EQUIPMENT CO. W.L.L.;
  8. All costs related to Bank Guaranties and Letters of Credit, are excluded.

TERMS

  1. All delivery dates indicated in our offers are always to be considered binding, however the time to delivery date starts to count only upon the reception by GULF CENTER of an official purchase order and the fulfilment of all agreed prerequisites as previously agreed in writing with the customer;
  2. The agreed delivery date will be valid except in cases of force majeure such as:–Lack of raw-materials or components caused by the non-fulfillment of our suppliers and non-existence of alternatives on local market, if caused by force majeure;-Stops of transport services, strikes, lock-outs, social conflicts, military mobilizations, wars, cosmic or epidemic episodes, fires, major and serious accidents/damages in critical machines for the execution of the equipment, long periods of power supply and restrictions of local authorities;-Any major event out of our will or control that modifies the normal conditions of industrial or commercial operation of the company;-During the assembly of the equipment at GULF CENTER installations, in case there are abnormal weather conditions, lightening, cyclonic winds or rain 30% above monthly average figures;
  3.  The agreed delivery time will be automatically postponed to a new date defined by GULF CENTER whenever:

-Are introduced important modifications in the confirmed orders;

-There is a delay on the supply by the customer of important documents/information/approvals needed to continue the production of the ordered equipment;

-There is a delay in the agreed payment, down-payment or payment schedule;

PENALTIES

  1. GULF CENTER will not accept any penalties that were not discussed and agreed before the reception of the customer order;
  2. On the orders where we accept the application of penalties by late delivery we consider that:

-These penalties will only be accepted after the customer proves the real damages and they are recognized by GULF CENTER or if need by and independent third parties;

-The value of the penalties will be limited to the one that was clearly indicated and agree by both parties. GULF CENTER will not be responsible for any other damages either direct or indirect, like for example profit losses;

      3. The payment conditions cannot be changed or postponed due to any assumption regarding penalties application;

SUSPENSION OF SERVICES

  1. The Client may give thirty (30) days’ notice in writing at any time to GULF CENTER to suspend any of Service ordered from GULF CENTER shall comply with such notice to the Client’s reasonable satisfaction. If such suspension is not the result of GULF CENTER breach of its obligations under the established Agreement, the Client will pay to GULF CENTER the amounts due for that specific stage of work (in accordance to the schedule of work);
  2. Suspension of services is considered for a period of 90 days maximum, after this period the clause 10. shall be considered. The contract will be considered terminated by client option;

WARRANTY

  1. The warranty period starts with the commissioning of equipment and the complete payment of the equipment or the scrupulously following of the previously agreed payment conditions by the customer. In case a commissioning procedure is not necessary, the warranty period starts with the handing over and complete payment of the equipment or the scrupulously following of the previously agreed payment conditions by the customer;
  2. The electric and mechanic assembly of our machines and products is at the customer’s responsibility, except if agreed otherwise in writing. When asked, GULF CENTER can supply the necessary drawings to accomplish this task, if available. In both situations, GULF CENTER will not be responsible for any problems related to wrong electric or mechanic assembly. These tasks must be done according to the country regulations where the equipment is going to be installed;
  3. GULF CENTER and its suppliers reserve the right to modify the design of its equipment if that contributes to its correct assembly and functioning;
  4. If not stated otherwise in our offer, our equipment are warranted for a period of 12 months of normal work, after its supply, considering one single daily shift (8 working hours/day). In case the assembly cannot be done or if it’s delayed by whatever reason by the customer, the warranty will be valid for a maximum period of 15 months from the date on the bill of lading;
  5. During that period of time, the warranty is strictly limited to the repairing of any defective part in the shortest possible time and at our expenses, if materials of bad quality or deficient construction confirmedly cause the defect. All wear parts are not covered by this warranty. In case some serious trouble might occur, which, in order to restore the equipment’ normal functioning, demands the intervention of a technician, GULF CENTER will place one at the customer´s disposal, provided the necessary working and security conditions are available on site;
  6. The warranty is not applied either in cases resulting of, but not limited to, wrong manipulation of the equipment, wearing, using non-genuine spare parts accidents proceeding from recklessness, lack of verification or maintenance;
  7. Sequential damages are not covered by this warranty; therefore, GULF CENTER declines all the inherent responsibility of direct and indirect expenses of replacement or stopping times due to parts repairing or substitution;
  8. The use of personnel not belonging to GULF CENTER or approved by us to execute dismounting, alterations or repairing works in our equipment ends immediately the warranty. Even on those situations where certain components have brand representation on the client’s country, the warranty claims must always pass through GULF CENTER, otherwise, we do not take any responsibility for the associated costs;
  9. The repairing, modification or substitutions of any parts during the period of warranty do not cause the extension of the warranty stated period;
  10. Any dispute between GULF CENTER and the customer regarding warrantable parts and services under this warranty must be submitted in writing to GULF CENTER within fifteen (15) days of the date of the report on the part deemed by GULF CENTER to be non-warrantable defect, but in no event later than the expiration of the applicable warranty period, and subject always to all applied limitations of this warranty;
  11. In case the dispute cannot be solved, both parties shall agree on an independent analysis of the defect by a third party. The third party to carry out the final decision on the dispute will be the manufacturer of the equipment. In case of a warrantable defect which causes doubts, the respective defected part, which caused the disputed warranty case, will be at first exchanged on warranty, to avoid delays, and later send to the manufacturer, which will carry out a thorough root cause analysis on the part and issue a detailed final report on the subject. The costs related to the root cause analysis by the manufacturer, will be charged to part who, according to the manufacturer’s report, has to pay the defect part which has caused the dispute;
  12. The parts that were replaced under warranty are kept in our property;
  13. The delays stated here are taken into consideration, except if some unexpected cases and in cases of Force Majeure.
  14. In all cases, the assessment and the decision if a defect, warrantable equipment is substituted or repaired, including the type and the extension of repair, is of the entire responsibility of GULF CENTER;

AGREEMENTS & CONTRACTS

  1. All agreements and contracts between GULF CENTER and its customers shall be governed by and construed in accordance with the laws, regulations and standards of the State of Kuwait
  2. Engineers could be assigned to the quarry site to help installation and testing, when requested by customer,
  3. Gulf Center is not responsible for general degradation nor for any damage to the goods which occurs during transit,
  4. This warranty not covers the any base material failure caused by cracks or any other physical and metallurgical defects occurring due to the old material.
  5. Gulf Center is not responsible for any lack of operation or performance,
  6. Gulf Center reserve the right to refuse warranty which is cased through fault of the customer and  The warranty is in addition to any non- excluded or legal right.