SITRAIN Customer Support
Email: ahmed.alkhawajah@siemens.com
Registration Guideline (PDF download)
SITRAIN Customer Support
Email: ahmed.alkhawajah@siemens.com
Registration Guideline (PDF download)
Download Terms and Conditions as PDF (includes arabic version)
1-1 These General Terms shall govern the supply of Products, systems and services (hereinafter referred to as 'Supplies') by Arabia Electric Limited as Equipment (hereinafter referred to as 'Seller') and shall prevail, subject to clause 1-2, over any other terms, unless otherwise expressly agreed to in writing by both Parties. The Purchaser shall be deemed to have accepted these General Terms upon the issuance of a purchase confirmation or purchase order or any other written form (hereinafter referred to as 'Purchase Confirmation').
1-2 These General Terms shall govern in conjunction with the Price List or terms stipulated in each particular Quotation supplied by Seller to the Purchaser. Such terms stipulated in any Quotation shall apply exclusively to that particular Quotation. In the event of contradiction or divergence between particular terms in a Quotation and these General Terms, the relevant terms in a Quotation shall take precedence.
1-3 Failure on the part of Seller to object to the provisions contained in a Purchase Confirmation or other correspondence of the Purchaser shall not be construed as a waiver of either these General Terms or the terms stipulated in a Quotation. In the event that the Purchaser wishes to make any amendments to the Price List or a Quotation, such amendments shall not become effective unless agreed to in writing by Seller.
1-4 An offer for the provision of Supplies shall be valid for a period of thirty (30) days from the date of a Quotation, unless otherwise stipulated in a Quotation.
1-5 Seller reserves the right to change or modify the cost estimates, specifications, design, drawings and construction (hereinafter referred to as 'Documents') of any Supplies and to substitute other suitable material. If Documents are provided, they are submitted only to show general style and arrangement of the Supplies. Seller reserves any intellectual property rights relating to its Documents. The Documents shall not be made available to third parties without Seller's prior approval and shall, upon request, be returned without undue delay to Seller if the Purchase Confirmation is not finalised.
1-6 Items in the Price List or Quotation shall be subject to the proviso that the required export licenses have been granted or that there are no impediments arising from German or other export regulations.
2-1 Seller shall be entitled to charge the Purchaser for any additional costs resulting from an increase in customs duties or taxes imposed by the Saudi governmental authorities or any additional costs resulting from changes in the currency exchange rate or devaluation of currency.
2-2 The costs related to any pre-installation work of the Supplies are not included in the price stipulated in a Quotation.
2-3 Seller shall be entitled to adjust the price stipulated in the Price List or Quotation in the event of delay in the Delivery of the Supplies not attributable to any acts or omissions of Seller.
2-4 Seller shall retain title in all Supplies, including those delivered to the Purchaser, in order to secure payment of all amounts that are due. Where the Purchaser fails to pay any amount when it becomes due, Seller shall have the right to repossess and remove all or any part of the Supplies from the Purchaser, without prejudice to any other claims enforceable by Seller. The Purchaser shall not pledge the Supplies or otherwise use them as security or resell them unless a full payment for the supplies is received by the Seller. The Purchaser may only resell the Supplies in the ordinary course of business on condition that it receives full payment from its customer or makes the resale conditional upon the customer fulfilling its obligation to effect full payment. The Purchaser shall immediately inform Seller of any seizure or other act of intervention by third parties.
2-5 Where Seller has fulfilled all its obligations under a Purchase Confirmation and where there are outstanding payments that are due to Seller, Seller shall be entitled to assign its rights to collect the monies to a third party without the prior approval of the Purchaser. In such a case, and where the Warranty Period has not expired, Seller shall continue to perform its Warranty obligations.
3-1 Time for Delivery of Supplies can only be observed if all documents to be supplied by the Purchaser including, but not limited to, necessary permits, releases, plans and approvals, are received in time, and if the agreed terms of payment, including the provision of advance payments, and other obligations of the Purchaser are fulfilled. Unless these conditions are fulfilled in time, Delivery times shall be extended accordingly with no liability whatsoever incurred by Seller for such late Delivery.
3-2 The Purchaser shall not refuse to receive Supplies due to minor defects which do not affect their operation.
3-3 Delivery of Supplies shall mean that all responsibilities are passed to the Purchaser.
4-1 If software applications are provided with the Supplies, the Purchaser shall have the non-exclusive and non-transferable right to use such software, in unchanged form and for the purpose specified in the product description. Such software or any associated documentation shall not be made available to third parties by the Purchaser, with the exception of authorized users. The Purchaser shall not be entitled to copy, redevelop or recompile any software, nor to extract any parts of any software. The Purchaser shall be entitled to produce two (2) back-up copies of each item of the software, whereby the use of such back-up copy shall be limited to replace the original software, if such original software is inoperable.
4-2 Any modifications to the Supplies through the utilisation of software applications may be made by Seller at an extra price to the price stipulated in a Quotation.
4-3 Such software does not include service software. The Purchaser shall not acquire the right of use of any service software that is provided with the Supplies, unless a separate agreement for such use is concluded between Seller and the Purchaser.
4-4 All such software that is provided with the Supplies shall be in the English language. There shall not be any Arabic language or Arabization software provided, unless otherwise specified in a Quotation.
5-1 During installation, commissioning and training, the Purchaser shall take all measures it normally takes for the protection of its own possessions and personnel to protect the possessions and personnel of Seller at the site.
5-2 If installation, commissioning or training are delayed due to circumstances for which Seller is not responsible, the Purchaser may not impose penalties of any kind and any additional expenses imposed on Seller shall be borne by the Purchaser.
5-3 With respect to pre-installation work, the Purchaser shall, at its own expense, be responsible for providing electrical and plumbing connections, medical gases, air conditioning, lead lining and other constructions related to the building process. Seller shall provide the approved proposal and installation drawings free of charge.
5-4 Seller shall provide, free of charge, on-site operational training for designated staff of the Purchaser during installation, commissioning and handing over.
6-1 Upon the completion of the delivery, installation and commissioning of the Supplies and training, Seller shall notify the Purchaser in writing that the site is ready for handing over to the Purchaser (hereinafter referred to as 'Handing Over'). Thereafter, the Purchaser shall immediately notify Seller in writing of its acceptance, otherwise Handing Over shall be deemed effected automatically fifteen (15) days after the notification by Seller.
6-2 The responsibility for risk of the Supplies shall transfer to the Purchaser upon Handing Over of the site.
7-1 Seller warrants to the Purchaser that the Supplies shall be free of not insubstantial defects in workmanship and material (hereinafter referred to as 'Warranty') for a period of one (1) year from the date of the Handing Over of the site as per clause 6-1 (hereinafter referred to as 'Warranty Period'). Seller shall, at its discretion and expense, repair or replace such defective Supplies or their parts, provided that the cause of the defect had already existed upon Handing Over of the site, and provided that the Purchaser informs Seller of the defect in writing within 30 days of receipt of the defect, presents Seller with satisfactory proof of the defect and allows Seller to inspect the defect within the Warranty Period.
7-2 The Warranty shall not cover damage caused to the Supplies due to natural depreciation, accident, misuse, neglect, unusual or severe operation, improper installation, maintenance, operation, storage, alterations or repairs, use of unsuitable materials for operation, excessive operation at peak capacity, frequent starting and stopping, type of fuel and inlet air conditions, adverse environmental conditions and fuel or airborne contaminants. The Warranty shall not cover Supplies that have a lifespan shorter than the Warranty Period nor consumables.
7-3 The Warranty is the Purchaser's exclusive remedy. The Warranty is in lieu of all other warranties, whether express or implied, including but not limited to, any warranty of merchantability or fitness for any particular purpose.
8-1 Unless otherwise agreed, Seller shall provide the Supplies free from third parties' intellectual property rights. If a third party asserts a justified claim against the Purchaser based on an infringement of intellectual property rights with respect to the Supplies, within a period of one (1) year from the date of transfer of risk of the Supplies, provided that the Purchaser immediately notifies Seller of any such claim, does not concede the existence of the infringement and leaves any protective measures and settlement negotiations to the discretion of Seller, Seller shall, at its discretion, either acquire the right to use the intellectual property rights or modify the Supplies such that they no longer infringe the intellectual property rights or replace the Supplies or cancel the Purchase Confirmation.
8-2 Any claims by the Purchaser against Seller based upon infringement of intellectual property rights shall be excluded if the Purchaser is itself responsible for the infringement of the intellectual property rights, or if the infringement of the intellectual property rights is caused by specifications made by the Purchaser to a type of use not foreseeable by Seller or by modifications to the Supplies made by the Purchaser or by the use of the Supplies with products not provided by Seller.
9-1 Seller shall not be liable to the Purchaser or any third party for any claims for damages and reimbursement of expenses, special, indirect or consequential damages, anticipated or lost profits, loss of time, cost of capital, damage to or loss of Purchaser or third party property and equipment, loss of use of equipment or system, cost of purchased or replacement material or products or temporary equipment, or any other losses incurred by the Purchaser or any third party in connection with the Supplies.
9-2 The liability of Seller for any claims in connection with the Supplies shall not exceed the sum of the Purchaser's payments for the Supplies.
10-1 Seller shall not be liable for damages as a result of any delay or failure of Delivery or failure to perform due to any cause beyond Seller's control, including, but not limited to, any regulation, order, act, instruction, requirement or priority request of any governmental agency, civil or military authority, act of God, act or omission of the Purchaser or carriers or their representatives, fire, accident, weather, strike, lockout, equipment breakdown, riot, terrorism, war, other natural disasters, embargo or delay transportation or inability to obtain necessary labor, materials, fuel or manufacturing locations (hereinafter referred to as 'Force Majeure').
10-2 In the event of any delay due to Force Majeure, the time for Delivery of the Supplies or Handing Over of the site shall be extended accordingly for a period equal to the time loss by reason of the delay, and Seller shall be reimbursed for any additional cost that it has incurred as a result of such delay. The Purchaser's receipt of the Supplies shall constitute a waiver of any claims for delay.
The relationship between the Seller and the Purchaser and all Purchase Confirmation shall be subject to and interpreted in accordance with the laws of the Kingdom of Saudi Arabia.
Any disputes between the Seller and the Purchaser in relation to the execution and interpretation of this relationship shall be solved amicably, in case of failure to reach an amicable solution then the dispute shall be forwarded to arbitration in accordance with the Saudi Arbitration Law and the seat of arbitration shall be in Jeddah.
In case of any conflict between the Arabic text and the English text, then the Arabic text shall prevail.