Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, shortages or with respect to any Internal Trade Controls. The seller shall have the right to terminate the transaction on an immediate basis without any liability in case of such restrictions with respect to trade controls.
Warranty
Any warranty for the products/goods distributed or sold by the Seller shall only be as per the Vendor’s (brand owners) policy.
Limitation of Liability
Notwithstanding anything to the contrary, to the maximum extent allowed by applicable law, in no event shall Seller be liable for any indirect, incidental, consequential, punitive or special damages, including but not limited to, loss of use, revenue or profit or in case of any trade control restrictions imposed even if Seller has knowledge of the possibility of such damages.
Governing Law and Jurisdiction
The parties agree to submit to the exclusive jurisdiction of DIFC, Dubai in case of the contracting entities being incorporated in UAE.
Confidentiality
All non-public, confidential, of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, that Seller discloses to Buyer, whether disclosed orally or disclosed or and regardless of whether marked, designated, or otherwise identified as “confidential,” in connection with the Agreement is confidential, solely for the use of performing the Agreement, and may not be disclosed or copied unless authorized in advance by Seller in writing. This does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Seller on a non-confidential basis from a third party.
Binding
These terms & conditions are binding on all Business Partners for all transactions. Seller reserves its right to amend the said terms and conditions at its discretion and the partners are requested to refer to the updated terms and conditions as available on https://www.hiperdistuae.com/