General Terms & Conditions - Fhm of Things
1. Scope
These terms apply to every quotation, sales order and invoice issued by Fhm of Things (the "Company") to its customers (the "Client") and form an integral part of the agreement. The Client waives its own general terms unless otherwise agreed in writing in advance.
2. Quotation Validity
Quotations remain valid for thirty (30) days from the issue date unless stated otherwise. Thereafter prices and lead times are subject to review.
3. Prices and Tax
Prices are in Saudi Riyals and exclude VAT (15%) unless expressly stated otherwise. Prices cover only the items listed in the quotation and exclude civil works, electrical conduits and network infrastructure unless quoted as a separate line.
4. Payment Terms
Unless stated otherwise in the quotation:
- 50% advance on order confirmation
- 50% on notice of readiness for delivery or on completion of installation
Invoices are payable within thirty (30) days of the invoice date by bank transfer to the account stated on the document.
5. Late Payment
Past the due date the Company may suspend supply, installation or support services without prior notice and without liability for the consequences of such suspension. Sixty (60) days after the due date the Company may pursue statutory collection measures; actual collection and legal costs are borne by the Client.
6. Delivery and Installation
Delivery dates are estimates pursued on a best-efforts basis and do not constitute an obligation of result. The Client shall prepare the site before installation, including power supply, cable routes, internet connectivity and safe access for the team. Any delay or additional cost arising from site unreadiness is borne by the Client.
7. Title and Risk
Risk passes to the Client on delivery. Title remains with the Company until the price is paid in full.
8. Inspection and Claims
The Client shall inspect goods on receipt. Claims regarding quantity or visible defects are not admissible after seven (7) days from delivery and must be submitted in writing to the Company's registered address.
9. Warranty
Supplied equipment is warranted against manufacturing defects for twelve (12) months from delivery, unless the product documentation states a longer period. The warranty is limited to repair or replacement at the Company's discretion.
Excluded: misuse or neglect; voltage fluctuation or surge; lightning, fire and water damage; tampering or repair by unauthorised parties; modification of system configuration without reference to the Company; consumables and batteries.
10. Software and Configuration
Intellectual property in any software, control scenarios or configuration schemas developed by the Company remains with the Company. The Client receives a non-exclusive, non-transferable licence to use them at the contracted site.
11. Cloud Services and Applications
Certain functions depend on third-party and manufacturer platforms. The Company does not warrant the continuity of such services and is not liable for their interruption or for changes to their policies or fees.
12. Limitation of Liability
The Company's aggregate liability, on any basis, shall not exceed the contract value actually paid. The Company is not liable for indirect or consequential loss, including loss of profit, business interruption or loss of data.
13. Force Majeure
The Company is not liable for any failure caused by circumstances beyond its control, including supply-chain disruption, governmental decisions, natural disasters, epidemics, fire and telecommunications outages.
14. Confidentiality and Data Protection
Both parties shall keep exchanged information confidential. The Company processes personal data in accordance with the Personal Data Protection Law of the Kingdom of Saudi Arabia and its implementing regulations.
15. Variation and Cancellation
Any change to scope or quantities after order confirmation requires a revised quotation. If the Client cancels after confirmation, it bears actually incurred costs, including specially ordered non-returnable materials.
16. Governing Law
These terms are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, and the competent courts of the Kingdom have jurisdiction over any dispute.
17. Prevailing Language
These terms are issued in Arabic and English. In case of discrepancy the Arabic text prevails.