STANDARD TERMS AND CONDITIONS OF SALE
1. Exclusion of Client Terms
The client explicitly waives the applicability of its own general terms and conditions, whether referenced prior to, concurrently with, or subsequent to these Terms. No variation or amendment shall be binding unless agreed upon in writing by TribalSage in advance.
2. Order Acceptance
All orders are subject to acceptance by TribalSage. A quotation or proforma invoice does not constitute a binding agreement. No order is final until full payment is received and written confirmation is issued by TribalSage.
3. Payment Terms
Unless otherwise agreed in writing, all orders require 100% upfront payment before fulfillment or shipment. No order will be processed until payment is received in full. Any agreed-upon credit terms must be stated in writing on the invoice or sales order.
4. Late Payment
If deferred payment terms are granted and payment is not received by the due date, TribalSage reserves the right to charge interest at a flat rate of 10% of the outstanding balance. We may also suspend services and deliveries without notice. If the balance remains unpaid after 60 days, TribalSage may engage third-party debt recovery services, and all associated costs shall be borne by the client.
5. Shipping and Customs Responsibility
All shipments are made Ex Works (EXW) unless otherwise agreed in writing. TribalSage’s responsibility ends once goods are dispatched. The client is solely responsible for all customs clearance, duties, import permits, taxes, and compliance with local regulations. TribalSage is not liable for any delay or loss arising from customs or regulatory issues at the destination.
6. Retention of Title
Ownership of all goods remains with TribalSage until full payment is received. Until that time, the client may not resell, transfer, or pledge the goods.
7. Withholding Taxes and Local Levies
All payments to TribalSage must be made net of any withholding taxes or local levies. The client shall bear sole responsibility for any deductions required under local law. The invoiced amount is due in full and must not be reduced due to such deductions.
8. Non-Refundable Orders
Orders for customized, special-order, or pre-ordered products are non-cancellable and non-refundable once payment has been made, except as required by applicable law.
9. Warranty Disclaimer
TribalSage provides no warranty beyond that of the original manufacturer. It is the client's responsibility to register and process any warranty claims directly with the manufacturer unless otherwise agreed in writing.
10. Limitation of Liability
To the maximum extent permitted by law, TribalSage’s total liability for any claim shall be limited to the value of the relevant order. Under no circumstances shall TribalSage be liable for indirect, incidental, punitive, or consequential damages.
11. Force Majeure
TribalSage shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, embargoes, strikes, government action, supplier failure, transport disruptions, or export restrictions.
12. Claims and Complaints
The client must report any claim or complaint in writing by registered post to TribalSage’s registered office within fourteen (14) calendar days of delivery. Failing this, goods and services will be deemed accepted.
13. Export Control and Compliance
The client agrees to comply with all applicable export control laws and sanctions. TribalSage shall not be liable for any breach by the client. The client warrants that the goods will not be diverted to sanctioned entities or countries.
14. Electronic Communication
The client agrees that all electronic communications, including emails, scanned signatures, and digital approvals, shall be deemed valid and enforceable for commercial and legal purposes.
15. Indemnity
The client agrees to indemnify and hold harmless TribalSage from any claims, damages, or liabilities arising from misuse, resale, or unauthorized distribution of the goods or services.
16. Entire Agreement
These Terms, together with any signed invoices or sales confirmations, constitute the entire agreement between the parties and supersede all prior discussions, proposals, and representations.
17. Governing Law and Jurisdiction
All agreements shall be governed by and construed in accordance with the laws of the State of Kuwait. Any disputes shall be subject to the exclusive jurisdiction of the courts of Kuwait City.