Since 1978
Terms & Conditions
Dolphin Heavy Equip. Tr. Co. LLC (hereinafter referred to as "the Company") and the purchasing party (hereinafter referred to as "the Client") hereby agree to the following terms and conditions.
1. General
This quotation is confidential and intended solely for the addressed party. This quotation covers only the items listed herein; any additional requirements will be quoted separately. This quotation is valid for a period of 7 days from the date of issue. Quotations not confirmed within this period shall be considered expired and subject to re-quotation, which may reflect revised pricing or availability.
2. Stock & Availability
All items are subject to availability at the time of order confirmation and prior sales.
3. Inspection & Acceptance
The Client is responsible for inspecting all items prior to acceptance or issuance of a Purchase Order (PO). The issuance of a PO by the Client shall be deemed as confirmation that all items have been inspected and approved. The signature of the Client on any quotation, the issuance of a written order, the submission of a Purchase Order (PO), or any other written or electronic confirmation sent to the Company shall constitute full and unconditional acceptance of all terms and conditions set forth herein, without reservation or exception.
4. VAT & Documentation
All quotations and invoices are inclusive of 5% VAT unless a valid exemption or 0% rating applies under the UAE VAT Law and its Executive Regulations. The Client is solely responsible for providing an original Bill of Lading (BOL), Customs Exit Certificate (where applicable), and any other supporting documentation required for VAT exemption or 0% rating at the time of collection or delivery. Failure to provide these documents will result in the application of 5% VAT, which the Client must settle before the goods are released. Once an invoice has been issued, any request for amendment or re-issuance is subject to the Company’s sole approval and must be made within 7 days of the invoice date, except where changes are required under applicable UAE tax regulations. If, for any reason, the UAE Federal Tax Authority (FTA) determines that a transaction is subject to a different tax treatment than originally invoiced, the Client shall be liable to pay the Company any additional VAT, interest, or penalties arising from such determination.
5. Payment
Payment is required 100% in advance upon order confirmation, unless otherwise agreed upon in writing. Prices quoted are subject to change in the event of currency fluctuation, freight rate changes, or supplier price adjustment prior to order confirmation. In the event of a partial payment arrangement agreed in writing, failure to settle the remaining balance by the agreed due date shall entitle the Company to place the order on hold or cancel it entirely, with the cancellation terms in Section 6 applying accordingly.
6. Order Confirmation, Cancellation & Returns
Once an order is placed and confirmed in writing, it is considered final and binding — no returns will be entertained. In the event of cancellation after order confirmation, the Company shall retain 15% of the total order value as a cancellation charge. Where full payment has been made, any remaining balance may be refunded at the sole discretion of the Company. Any down payment made is strictly non-refundable. Notwithstanding the above, where the Company has already procured, ordered, or committed to purchase items from third-party suppliers, the Client shall bear the full cost of such items, and no refund shall be applicable for those portions of the order.
7. Quantity & Specifications Responsibility
The Client is solely responsible for verifying all quantities and specifications prior to the issuance of a Purchase Order. The Company shall not be held liable for any surplus, shortage, or discrepancy once the order has been confirmed. Any request to modify quantities after confirmation is subject to written acceptance by the Company and may result in revised pricing and lead times.
8. Product Condition & Warranty Disclaimer
Items supplied may be new, used, or refurbished, as specified in the quotation. The Client is responsible for seeking clarification on item condition prior to confirmation. Specifications and product details are provided in good faith; however, the Company is not liable for minor variations within industry tolerances. Unless explicitly stated by the Company in writing, all items are sold on an “as-is, where-is” basis, without any warranty, express or implied. This includes, but is not limited to, any implied warranties of merchantability or fitness for a specific purpose. The Client is encouraged to inspect all items prior to order confirmation, as per Section 3. No claims relating to item condition, performance, or specifications will be entertained once the order has been confirmed and accepted.
9. Storage
Once goods are ready, the Company will notify the Client in writing. All confirmed orders must be collected or delivery arranged within 30 days of such notification. Should the Client fail to collect or arrange delivery within this period, a storage fee of 10% of the total value of the uncollected items shall be applied per month. Storage fees will accrue monthly until the goods are collected or delivered.
10. Identification & Documentation
For individual transactions, a valid Emirates ID must be provided by the Client for accurate documentation purposes. For corporate transactions, a valid VAT registration certificate is required. The Company reserves the right to withhold order processing until all required identification and documentation have been received.
11. Delivery, Title, Risk, Limitation of Liability & Force Majeure
All delivery timelines provided are estimates and non-guaranteed. Unless otherwise agreed in writing, all costs for transport, insurance, loading, and unloading shall be borne by the Client. Risk of damage or loss shall transfer to the Client upon collection or delivery, whichever occurs first. Legal title (ownership) of the goods shall remain with the Company until the Client has settled all outstanding balances in full. Once items have been collected or delivered, the Company shall bear no liability whatsoever for any damage, loss, malfunction, or any claim arising thereafter. In all cases, the Company’s total liability, if any, shall be strictly limited to the value of the items supplied under the relevant order. The Company shall not be liable for any indirect, special, incidental, or consequential losses. The Company shall not be held liable for any delay or failure to fulfil an order due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government restrictions, port closures, or supply chain disruptions. In such events, the Company’s obligations shall be suspended for the duration of the force majeure event, without liability.
12. Communication & Amendments
All formal notices shall be made in writing via email or official letter. The parties agree that communication via WhatsApp or other instant messaging platforms shall not constitute a formal amendment to these terms unless followed by an official written confirmation from the Company. Any amendment to the agreed terms is only valid if signed by authorized representatives of both parties.
13. Governing Law, Jurisdiction & Cost Recovery
This agreement shall be governed by the laws of the United Arab Emirates. Any dispute that cannot be resolved amicably within 30 days shall be subject to the exclusive jurisdiction of the competent courts of the Emirate of Sharjah. The Client shall be liable for all costs incurred by the Company in enforcing these terms or recovering outstanding payments, including but not limited to legal fees, court costs, and collection agency charges.
14. Severability
If any provision of these terms is found to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.
This document is the property of Dolphin Heavy Equip. Tr. Co. LLC and is subject to change without prior notice.