TERMS AND CONDITIONS

Important notice

PLEASE READ CAREFULLY. THESE TERMS CONTAIN IMPORTANT LEGAL PROVISIONS, INCLUDING LIMITATIONS OF LIABILITY, YOUR INDEMNITY OBLIGATIONS, AND RECOMMENDATIONS REGARDING INSURANCE.

Highlighted provisions for your attention:

  • Liability limitations: These Terms contain provisions that limit or may exclude our responsibility for any loss, damage, delay, misdelivery, non-delivery, misinformation, failure to provide information, or other issues in connection with our Services.
  • Indemnification: These Terms include clauses under which you agree to indemnify, defend, and hold us harmless from specified claims, costs, damages, and expenses.
  • Insurance recommendation: Because our liability is limited, you should consider purchasing insurance appropriate to the value of your Goods and the transportation risks involved. We do not provide insurance coverage, and our charges are based on the value and weight of Goods, not on the risks of damage or loss.
  • Higher liability limits: In certain cases, we may, at our discretion, agree to higher liability limits, subject to a separate written agreement and potentially additional fees.

BY USING OUR SERVICES, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

Preamble / Recitals

These Terms and Conditions (“Conditions”) govern the contractual relationship between the Customer and the Company and apply to a broad range of activities relating to purchasing, selling, logistics, transportation, storage, handling, goods management, and related services and/or information.

Both the Customer and the Company must comply with all applicable laws, regulations, and standards, including (without limitation) customs rules, health and safety requirements, environmental regulations, and data protection laws.

Definitions and Interpretation

Definitions

  • Conditions: All terms and provisions set out in this document, as amended from time to time.
  • Company / we / us / our: EG Automotive FZE, including its subsidiaries, affiliates, directors, officers, employees, agents, representatives, and contractors.
  • Customer / you / your: Any individual or entity that requests or uses the Services.
  • Agent: The Company acting on behalf of the Customer in any transaction, negotiation, or arrangement with third parties.
  • Principal: The Company acting in its own name and for its own account, assuming legal responsibility for obligations in transactions.
  • Services: The full scope of activities provided by the Company, including trade, logistics, handling, storage, and customs-related activities.
  • Goods: Any items/materials/products for which the Company provides Services.
  • Liabilities: Any claims, demands, losses, damages, penalties, costs, and expenses (including legal fees).
  • Prohibited Items: Goods whose transport is unlawful under international or local law.

Acceptance of These Terms

By taking any action indicating an intention to use the Services (including registering on a Company website/platform, requesting a quotation, issuing instructions, or tendering Goods), you accept these Conditions, even if no document is signed. These Conditions also apply to third parties engaged by the Company to perform any part of the Services.

Roles of the Company

Company as master purchaser: The Company may act on your behalf to procure Goods, negotiate purchasing terms, and secure favorable arrangements.

Company acting as agent: The Company may act as your agent to perform tasks such as negotiating with third parties. You authorize the Company to enter into contracts and negotiate terms with third parties.

Company acting as principal: In certain circumstances, the Company acts as principal, transacting in its own name. You acknowledge the Company may generate profit in principal transactions independent of service fees.

Customer Warranties and Obligations

You warrant and undertake that:

  • All instructions provided are lawful, reasonable, and capable of performance.
  • The Goods are lawful and do not include Prohibited Items.
  • The Goods are suitably prepared and packaged.
  • You have informed the Company of special characteristics of the Goods.
  • All information provided is accurate and compliant with legal requirements.

Sanctions and restricted parties: You confirm you will not involve the Company in any activity that violates sanctions programs issued by international, regional, or national authorities.

Protection of Customer’s Interests

You acknowledge you are not entitled to statutory consumer protections except where the Company acts as principal in the direct sale of goods or services. You should protect your interests against loss or damage by purchasing independent insurance. The Company does not provide insurance coverage.

Applicable Law and Dispute Resolution

These Conditions are governed by the laws of the United Arab Emirates. The Company and the Customer submit to the exclusive jurisdiction of the competent courts of the United Arab Emirates.

Last Updated: November 2023