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Terms of Sale
DEFINATIONS
In these conditions:
"the Company" means JOTEX.
"the Buyer" means any company, firm, individual or agent thereof to whom the Company's acknowledgment of order, delivery note or invoice is addressed.
"the Goods" means the products (including parts and accessories), materials and /or services to be supplied by the company.
APPLICABILITY OF CONDITIONS
The Company concludes contracts for the supply of Goods subject only to these conditions. The buyer accepts that these Conditions shall govern relations between itself and the Company to the exclusion of any other terms including, without limitation, conditions and warranties written or oral express or implied even if contained in any of the Buyer's documents which purport to provide that the Buyer's own Terms shall prevail. No variation or qualification of these Conditions or of any quotation or contract arising here from shall be valid unless agreed in writing by a Director of the Company.
PLACING AN ORDER
Jotex sells internationally, therefore anyone in any country can purchase from our website excluding countries that are subject to international embargo in accordance with international laws. JOTEX reserves the right to refuse or cancel any orders placed for products and/or services.
JOTEX attempts to display the colors of the products shown on JOTEX Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
DELIVERY
Jotex ships internationally and locally through the available couriers on the Jotex Website. If customer desire other Method of shipping, customer needs to arrange the pickup from our warehouse.
Delivery will be affected by the Company at the Buyer's premises or to such other place as is mutually agreed. Title for all merchandise ordered on JOTEX Site passes to you when the merchandise is delivered to the shipping carrier. The Goods shall be at the Buyer's risk on either entry on to the Buyer's premises or on being placed into the custody of the courier on the Buyer's behalf.
The risk of loss or damage during shipping is the responsibility of the shipping company and customer must file claim with the shipping company. Customer can also request us by email or any other method to place insurance on the shipment at the customers expense.
Notwithstanding the method of delivery, the Buyer shall carefully examine the Goods on receipt of the same and shall give the written notice of any short delivery or over delivery which must be received by the Company within 3 days of receipt of the Goods and in the case of any defects reasonably discoverable on careful examination written notice must be received by the Company within 10 days of receipt of the Goods.
COMPATIBILITY
Under EC Directive 89/656/EEC the responsibility for establishing the suitability of any of the Company's products for the intended purpose and its subsequent selection and use shall rest upon the Buyer and the Company shall not be liable for any loss or damage whether consequential or otherwise.
It is the sole responsibility of the buyer to make sure the ordered item is compatible with the buyer needs or requirement and it is the sole responsibility of the buyer to check sizing and details of the product.
LIMITATION OF LIABILITY
The conditions of your use and application of technical assistance and information (whether verbal, written or by way of product evaluations) including without limitation responses to questions posted to our Web site and/or answers to frequently asked questions posted on our Web site, are beyond our control. Therefore, it is imperative that you test our products, and find technical assistance and information to determine to your own satisfaction whether they are suitable for your intended uses and applications. This application-specific analysis at least must include testing to determine suitability from a technical as well as health, safety and environmental standpoint. Such testing has not necessarily been done by JOTEX.
The Company shall be relieved from any liability under any Contract if and to the extent that it may become unable to carry out all or any of its obligations because of any event or matter beyond its reasonable control. By the way illustration and not of limitation, the following are considered as events beyond the reasonable control of the Company: Strike, lock-out or other industrial dispute, public disorder, riot, revolution, mobilization, hostilities, war (whether or not formally declared), epidemic, fire, earthquake, storm, flood and other acts of God, official regulations, orders, requirements or acts of any government or administrative authority, transportation difficulties, machine breakdown, failure of supplies or other causes. Where there is any shortage of goods, materials, energy or labor the Company will endeavor to allocate available resources fairly between one Buyer and another. The Company's decision as to any such allocation shall be final and insofar as such allocation results in the shortfall or delay to the Buyer of Goods or other non-performance of these Conditions such shortfall, delay or non-performance shall be deemed to arise from matters beyond the control of the Company and the Company shall be relieved from liability accordingly.
PRICES AND PAYMENT
Prices contained in the Company's price lists, catalogues, booklets, advertising matter or similar matter are for general guidance only. Prices are subject to change without notice.
Title of Goods shall not pass to the Buyer until the Goods have been paid for in full If between the date of the order of the Goods and the date of delivery of the Goods there is an increase in the cost of the Goods, packing carriage, delivery, duty, tax or any other impost thereon (including a rise caused by the devaluation or revaluation of any currency) the price shall be adjusted by adding thereto the amount of the increase in such costs or levels whether such an increase was or should have been foreseeable by the Company.
If, however, it is expressly agreed in writing between the Company and the Buyer that the price of the Contract should be a fixed price and not subject to any variation either by rise or fall in the costs or levels, such fixed price will be the price of the Contract. If delivery of the order or any part thereof is delayed at the Buyer's request the fixed Contract price of such proportion thereof as relates to the part delayed as aforesaid will be subject to the variation (if any) set out and will be adjusted accordingly.
If in the reasonable opinion of the Company the credit rating of the Buyer becomes unsatisfactory prior to the delivery or if the Buyer fails to perform or observe any obligations on its part to be performed under this or any other Contracts made with the Company, the Company shall be entitled at its discretion to delay delivery of the goods until the payment thereof is rendered by the Buyer or until such obligations are duly performed or observed or by notice in writing to the Buyer unilaterally to cancel the Contract for the supply of goods.
JOTEX reserves the right to change its payment procedures at any time without prior notice to you.
JOTEX has the discretion to ad sales tax for merchandise ordered on the JOTEX Site based on the applicable state sales tax rate of the location to which the order is being shipped.
Pricing errors may occur on the JOTEX Site from time to time, JOTEX attempts to correct all pricing errors as soon as they are discovered, or as soon as JOTEX receives notice of an error. JOTEX reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from JOTEX. Any payments you make to JOTEX for orders that are cancelled due to pricing errors will be refunded.
Orders you submit online may be cancelled until they are processed.
Unless expressly agreed in writing with the Buyer or stated on the face hereof payment shall be made for the Goods in full. Notwithstanding any agreed terms of payment, neither legal or beneficial title of the Goods will pass to the buyer until the Buyer has paid to the Company all sums due and payable from the Buyer under this Contract and any other contract between the Buyer and the Company.
If the Buyer refuses or fails to provide forwarding instructions or take delivery of Goods tendered in accordance with these Conditions, the Company shall be entitled to demand immediate payment for such Goods. The Company shall be entitled to store or arrange storage of any such Goods at the risk and cost of the Buyer.
WARRANTIES
JOTEX warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to JOTEX by the manufacturer of the goods. JOTEX makes no other express or implied warranties, and specifically disclaims all implied warranties including but not limited to the implied warranties of merchantability and fitness for purpose.
Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions supplied to jotex, a copy of which will be furnished upon written request. furthermore, JOTEX liability shall be limited to either repair or replacement of the goods or refund of the purchase price, if manufacture defect has proven to exist, and in no case, shall JOTEX be liable for incidental, special, or consequential damages. in addition, claims for shortages must be made in writing not more than five (5) days after receipt of shipment.
DISPUTE
All disputes between you and JOTEX relating in any way to JOTEX site (including without limitation orders made from the JOTEX site, JOTEX advertisements and disclosures, email and mobile SMS (text) messages JOTEX sends to you, or relating to the collection or use of any information about you or about these terms, or your status as a user will be submitted to the jurisdiction of the Jordanian courts.
Any User who intends to seek arbitration must first send to JOTEX, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to our mailing address indicated in this website.
If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
Under any theory of law or equity. under no circumstances shall we be liable for any consequential, incidental, indirect or punitive damages for any claim arising out of or relating to this agreement.
