Legal
Terms & Conditions
These conditions apply to the supply of products and services by ProTechKSA unless otherwise agreed in writing.
Supplier: ProTechKSA — 1st Floor, Office No. 4, King Khaled International Airport, Riyadh, Kingdom of Saudi Arabia. Email: sales@protechksa.com.co · Phone: +966 54-215-4040
Definitions
- Business Day: A day (other than Friday, Saturday, or a public holiday) when banks in Saudi Arabia are open for business.
- Conditions: The terms and conditions set out in this document (as amended from time to time).
- Supplier: ProTechKSA.
- Supply: The provision of Products or Services.
- Buyer: The person who offers to buy, buys, or has agreed to buy the Products or has requested the supply of Services.
- Contract: The agreement between the Supplier and the Buyer for the sale and purchase of Goods in accordance with these Conditions.
- Price: The cost of Products or Services and any other charges specified in the Order.
- Order: An offer from the Buyer to buy the Products or Services described in the Order, subject to these Conditions.
- Products: The Products or Services described in the Order.
1. Basis of Contract
- 1.1 The Order is an offer by the Customer to purchase Goods and/or Services under these Conditions.
- 1.2 The Order is accepted only upon written acceptance by the Supplier.
- 1.3 The Contract constitutes the entire agreement between the parties for that Order.
- 1.4 Descriptions on the Supplier’s website or other materials are illustrative only.
- 1.5 These Conditions override any conflicting terms from the Customer unless agreed in writing.
- 1.6 Quotations are not offers and are valid only for the period stated, or on the Business Day issued if no period is stated.
2. Goods
- 2.1 Goods are described in the Specification, quotation, or Order.
- 2.2 The Supplier may amend Specifications where required to comply with legal or manufacturer requirements.
3. Supplier’s Rights
The Supplier may:
- (A) Cancel quotations at any time without liability prior to acceptance.
- (B) Delay or refuse supply due to unsatisfactory Buyer credit or account status.
- (C) Modify designs/specifications or replace Products with equivalent alternatives where necessary.
4. Delivery
- 4.1 Each delivery includes a delivery note with Order details and any relevant storage instructions.
- 4.2 Goods will be delivered to the agreed location.
- 4.3 Delivery dates are estimates; the Supplier is not liable for delays caused by force majeure or the Buyer’s failure to provide adequate instructions.
- 4.4 The Buyer must inspect and report delivery issues within 48 hours, including incorrect quantity, wrong Goods, specification mismatch, or visible damage.
- 4.5 If the Buyer fails to accept delivery within 3 Business Days of notice, storage and insurance costs may apply.
- 4.6 Goods may be delivered in instalments and invoiced separately.
5. Warranty
- 5.1 The Supplier is not the manufacturer but facilitates sourcing and distribution.
- 5.2 The Supplier will assist in passing along applicable third-party manufacturer warranties.
- 5.3 Where no third-party warranty applies or it is invalidated, defective Products may be replaced or repaired if notification is made within 30 days (hardware) or 7 days (software) and the Buyer returns the item at their own expense, subject to inspection.
- 5.4 Products must be maintained and used correctly. Tampering or unauthorised repairs may void warranty support.
6. Title and Risk
- 6.1 Risk transfers to the Buyer on delivery.
- 6.2 Title transfers only upon full payment (or earlier resale by the Buyer as principal, where permitted).
- 6.3 Until title passes, the Buyer must store Goods separately, maintain them in good condition, insure them for full value, and notify the Supplier of insolvency events.
7. Price and Payment
- 7.1 Price is that stated in the Order or current price list.
- 7.2 Price may increase before delivery for currency, tax, material cost changes, or Buyer-requested Order changes.
- 7.3 Prices exclude packaging, insurance, and transport unless stated otherwise.
- 7.4 Applicable VAT or taxes are charged in addition where required.
- 7.5 Payment terms are as per invoice; payment is due on time and in full.
- 7.6 Late payments may incur interest and recovery costs as permitted by law and stated on the invoice.
8. Returns
- 8.1 The Buyer must ensure accuracy and completeness of Orders. Returns are subject to the Supplier’s returns policy.
- 8.2 The Supplier may cancel or amend an Order before acceptance. Refunds or credit notes will be issued accordingly. Restocking fees may apply.
- 8.3 No cancellation after acceptance except as permitted under the returns policy.
9. Termination
The Supplier may terminate or suspend supply immediately by written notice if the Buyer breaches the Contract and fails to remedy within 14 days, enters insolvency proceedings, suspends business, shows material financial instability, fails to pay, or is reasonably suspected of illegal or fraudulent activity. Termination does not affect accrued rights.
10. Limitation of Liability
Nothing in these Conditions limits liability that cannot lawfully be limited. Subject to that, the Supplier is not liable for loss of profit or any indirect or consequential loss, and total liability for other losses under a Contract shall not exceed the price of the Goods under that Contract.
11. Force Majeure
The Supplier shall not be liable for delay or failure caused by circumstances beyond its reasonable control, including acts of God, terrorism, war, fire, drought, power failure, strikes, or inability to procure required materials.
12. General
- 12.1 The Supplier may assign or subcontract its rights and obligations. The Buyer may not assign without prior written consent.
- 12.2 Notices must be in writing and delivered by hand, courier, post, or email to the addresses exchanged by the parties.
- 12.3 If any provision is invalid or unenforceable, it shall be modified to the minimum extent necessary or deleted; the remainder continues in force.
- 12.4 No waiver is effective unless in writing.
- 12.5 These Conditions do not create a partnership or agency between the parties.
- 12.6 Governing law and jurisdiction shall be the laws and courts of the Kingdom of Saudi Arabia, unless otherwise agreed in writing for a specific international Order.
13. Email Quotes
All costs quoted are exclusive of VAT unless stated. Costs are subject to change in line with vendor pricing. Stock availability is subject to confirmation at the time of order. Errors and omissions excepted. Promotional pricing applies only during the promotion period specified by the relevant vendor.
