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Terms & Conditions
1. Agreement
1.1 These terms and conditions form the basis of the legal
agreement (hereafter called the supply agreement) under
which we, DRH Export, will supply to you goods and items
(hereafter called goods) that you have ordered from us and
we have agreed to supply to you.
1.2 Each order will constitute a separate supply agreement
between us.
1.3 A supply agreement is made only upon these terms and
conditions. No additional, or alternative terms or
conditions will apply to a supply agreement unless expressly
agreed in writing between a director of DRH Export and you
or your authorized representatives (hereafter called You).
1.4 We are entitled to cancel a supply agreement at any time
if you have exceeded or will (as a result of the supply
agreement in question or otherwise) exceed your authorized
credit limit with us or if any invoices rendered for goods
previously supplied to you are overdue.
2. Specification of goods
2.1 All descriptions and other details provided in relation
to goods are subject to confirmation by us and may be
changed without prior notice.
2.2 All sizes are approximate to fit sizes and are given as
general guidance only.
2.3 Colors, shades, materials and sizes may vary to a minor
extent from those illustrated.
2.4 All goods are subject to availability of material.
2.5 We will rely on your orders being correct at time of
entering a supply agreement and reserve the right to refuse
to take back goods which were ordered in error or are no
longer required.
2.6 If expressly agreed in writing between a director of DRH
Export and you that goods are to be returned they must be
returned to us within 5 working days of this written
agreement undamaged, unmarked and unused. A handling charge
of 10% of the invoice value of these returned goods plus
TAXES is payable to DRH Export on the date of their return.
2.7 Acceptance that all designs, artwork and print work are
to your satisfaction must be expressly approved in writing
by you prior to production.
2.8 All designs, artwork and print work are accepted by DRH
Export in good faith. On providing DRH Export with designs,
artwork or print work it is your responsibility to ensure
that you are the copyright holder or an authorized user,
licensed by the copyright holder and that the you will
indemnify DRH Export in full against any claim for
infringement that may arise
2.9 Unless expressly agreed in writing between a director of
DRH Export and you, no supply agreement will be entered into
on a sale or return basis.
3. Prices and payment
3.1 The price to be paid for the goods shall be the price
specified by a director of DRH Export in any relevant
quotation or tender.
3.2 All prices shall be expressly agreed in writing between
a director of DRH Export and you.
3.3 DRH Export reserve the right to revise our prices
without prior notice.
3.4 Unless we expressly state otherwise in writing all
prices are ex-works and are exclusive of carriage, postage,
packaging, insurance, freight and any other levy which may
be payable in respect of the goods.
3.5 Credit will not be extended unless expressly agreed in
writing between a director of DRH Export and you prior to
any supply agreement being entered into.
3.6 Where credit has been granted you are to pay in full the
agreed price as specified in the relevant invoice within 30
days after the relevant invoice has been sent to you.
3.7 DRH Export reserves the right to charge you interest at
a rate of 2% per month or part thereof on all amounts
payable by you under a supply agreement which are not paid
when due from the time when those amounts first became
payable up until the time that they are paid in full. Such
interest will remain payable after any court judgment.
4. Delivery of goods
4.1 Delivery of goods will be deemed to have taken place: -
4.1.1 Upon you collecting them from our premises.
4.1.2 Immediately upon us delivering the goods to any
Destination at your request if expressly agreed in writing
between a director of DRH Export and you.
4.1.3 Immediately upon us posting them if it has been
expressly agreed in writing between a director of DRH Export
and you that we are to deliver the goods by Forwarder /
Cargo Agent / Shipping Company.
4.2 You must accept delivery of all goods which are in good
condition and which are as ordered.
4.3 If we deliver the wrong or damaged goods to you then you
are to notify us within 48 hours of delivery giving us full
details of the damaged or incorrect goods. We will accept
returns of such damaged or incorrect goods notified to us in
writing within the relevant time period and we will give you
the option of replacement goods.
4.4 Replacement of damaged or incorrect goods claimed
outside of the relevant time period will be at our
discretion.
4.5 We will collect the damaged or incorrect goods from your
premises.
4.6 You are to notify us in writing of non-delivery of part
of a consignment within 2 working days of the delivery of
the remainder of that consignment and of non-delivery of the
whole of a consignment within 2 days of date upon which
delivery was scheduled to take place.
4.7 If you do not notify us of non-delivery of all or part
of a consignment within the stated time limits then we shall
not be liable to you for non-delivery.
5. Warranties and conditions
5.1 We undertake that the goods will, in all material
respects, comply with any general description which may have
been submitted to you, will be of satisfactory quality and
will be reasonable fit for the purpose for which they were
manufactured subject to normal usage. Unless specifically
expressed in writing by a director of DRH Export all
garments are for Sports Game use only.
6. Exclusion / Limitation of our liability to you
7.1 Our liability to you is limited to the invoice value of
the goods (exclusive of TAXES) that fail to comply with the
express undertaking in condition 5.1 above. You agree that
in return for the undertakings in condition 5.1 above all
warranties, guarantees, conditions and other terms which
would be implied in a supply agreement are excluded.
6.2 We will not be deemed to be in breach of a supply
agreement if we are unable to comply with our contractual
obligations because of any event or circumstance which is in
any way wholly or primarily beyond our control or not due to
our act of default and in any such circumstance we will be
entitled to extend our time for complying with our
contractual obligations under a supply agreement by a
reasonable time and if we are still not able to comply with
our contractual obligations after such reasonable extension)
either of us may terminate the supply agreement in question
by written notice to the other party.
6.3 We will not be liable to you for loss of profits,
markets or any type of special indirect or consequential
loss.
7. General
7.1 All supply agreements shall be governed by the laws of
the Republic of Pakistan and shall be subject to the
exclusive jurisdiction of the Republic of Pakistan courts of
law.
7.2 We both agree that these terms and conditions strike a
reasonable balance between our respective interests. If any
of these terms or conditions shall be invalid or
unenforceable for whatever reason then that shall not affect
the validity of the remainder of these terms and conditions
which will remain in full force and effect as if any such
invalid or unenforceable term or condition had never formed
part of the term and conditions of the supply agreement
Sincerely,
Ahmed Minhas (C.E.O)
The Director Of The Company |
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