Terms & Conditions

The following conditions issued by Tachmarx International (the “Company”) apply to any contract of which these conditions form part to the exclusion of any conditions of order or purchase of the “Buyer” or any other standards, specifications, conditions or particulars of or adopted by the Buyer, unless expressly accepted in writing by the Company as part of the contract.

Tachmarx International
1.1 Manufacturers Representatives
1.2 Service to Clients, Architects, Designers, Contractors, Distributions
1.3 Customer Care and After Sales Support
1.4 Technical support, training, advice, assistance, individual Carpet Design Service
1.5 Online Service 24/7

Mailing Address
2.1 Tachmarx International, P.O. Box 11975, Downtown – Dubai, United Arab Emirates

Generals
3.1 All Services are conducted by skilled, experienced professionals.
3.2 All Services and Products are communicated honest, clear, structured and transparent.
3.3 The continuous Customer Care and After Sales Support.
3.4 All factories represent a substantial long-term history of performance to secure the obligation of quality and supply.
3.5 The Agreement between the ‘Company’ and the ‘Buyer’ with respect to the sale and service shall consist only of these terms or any terms mutually agreed and content issued hereafter by the ‘Company’. The ‘Company’ objects to and shall not otherwise be bound by any additional or different terms, whether printed or otherwise, in the ‘Buyer’s’ Purchase Order or in any other communication from the ‘Company’ and the ‘Buyer’ issued prior, upon or afterwards. The Agreement shall be for the benefit of the ‘Company’ and the ‘Buyer’ and not for the benefit of any other person. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by the ‘Company’ to the extent they differ from, modify, add to or detract from the Agreement, shall not be binding on the ‘Company’. There are no agreements, promises or understandings, either verbal or written that are not fully expressed herein. No statements, recommendations, or assistance by either party has been relied upon by either party or shall constitute a waiver by either party of the provisions.
3.6 The Agreement may be modified or terminated only upon the Company’s written consent. If all or part of the Agreement is terminated by the Buyer, the Buyer shall pay charges based upon actual expenses and costs incurred in the production of the Product or Services already conducted to the date such termination is accepted by the Company plus a reasonable profit, except that any Product or Services completed on or prior to the Company’s acceptance of such termination shall be accepted and paid for in full by the buyer.
3.7 Special offers, tender documents or any other quotation can, under no circumstances, entail any performance obligation.

Warranties
4.1 Warranties and Limit of Responsibility are according each Manufacturing Partners by product category.
4.2 Damages or deteriorations of goods and installations, caused by wrong maintenance, usage, whatsoever are not covered and any warranty, services of replacement, re-fitting.
4.3 All complaints about visible defects to or non-conformity of the consignments must be lodged, in writing/per e-mail, within 48h after receipt of the goods. As for hidden defects, that same period begins to run the moment that the defect can be detected.

Validities and Mandatories
5.1 Standard validity of quotations/pro forma invoices: 30 Days.
5.2 To process orders, pro forma invoices to be returned either electronically signed (provided system integration: DocuSign) or manually signed and stamped (if not electronically signed) as mandatory contractual document and acceptance of products, service and terms.

Orders
6.1 If 24h has elapsed after acceptance of order, signed pro-forma,  and order confirmation has been issued, cancellation is out of question.

Additional Insurance
7.1 On project basis if a contract requires an additional explicit insurance coverage, it can be discussed and provided along with the contract, with an approx. application time of 10 – 14 days.

General Financial Term
8.1 Descriptions
8.1.1 Advance Payment’/ ‘Down Payment’ secures production or material in general.
8.1.2 ‘Payment Prior Dispatch’ settles due balance of fulfilled order manufactured.
8.1.3 Company: ‘Creditor’
8.1.4 Buyer: ‘Debtor’

8.2 Payments
8.2.1 International standard: Dues are to be received by the ‘Creditor’
– via bank transfer (standard)
– direct deposit at creditors bank account
– or to be discharged at creditors domicile (office)
8.2.2 Dues are obligations deliverable by the ‘Debtor’.
8.3 Business Transaction Standards and Currencies
8.3.1 NATIONAL + INTERNATIONAL: Bank Transfer
8.3.2 AED, USD,  EUR, GBP (as quoted/invoiced)
8.4 Transaction charges, bank fees, etc. to be borne by the remitter.

8.4 Generals
8.4.1 Manufacturer processes orders once advance or full payment has been received at creditors account.
8.4.2 Bespoke productions material is on advance basis only.
8.4.3 All terms are based on the ‘Debtor’s’ financial track records with the ‘Creditor’, regularity of payment behavior and substantial financial good standing with the ‘’.
8.4.4 Manufacturer ships orders once payment prior dispatch has been received at ‘Creditors’ account.
8.4.5 Payments in general are accepted as fulfilled the day it has been credited at ‘Creditor’s’ account.
8.4.6 Goods and Services remain property of the ‘Creditor’ until it’s 100% paid.
8.4.7 The ‘Creditor’ engages and delivers all orders on secure basis to the ‘Debtor’.
8.4.8 Failure to pay for any goods or services or for any delivery, performance or installment shall entitle the ‘Creditor’ to suspend further deliveries and work both on the same order and on any other order from the ‘Debtor’ without prejudice to any other right the ‘Creditor’ may have. The ‘Creditor’ also reserves the right to charge interest on overdue accounts at the rate of 2% per month for amounts equal to 500,001 AED and above, 4% per month for amounts equal to 100,001 – 500,000 AED, 10% per month for amounts equal to 1 – 100,000 AED.  Scale is valid also for amounts due in EUR, GBP and USD while the value in AED is applicable: E.g. 10% per month for amounts equal to 1 – 27,170 USD. The ‘Creditor’ reserves the right where genuine doubts arise as to a ‘Debtor’ financial position or in the case of failure to pay for any goods or any delivery or installment as aforesaid to suspend delivery of any order or any part or installment without liability until payment or satisfactory security for payment has been provided.
8.4.9 Payment terms are clear at any pro-forma, respectively expressly accepted by the ‘Creditor’.
8.4.10 If a shipment is delayed by the ‘Debtor’, payment therefore shall become due on the date when Supplier is prepared to make shipment thereof. Standard terms products and productions are EXW (Ex-Works), unless otherwise agreed upon specified on the confirmation or in a writing related to a particular purchase of Service or Product.
8.4.11 Agreed terms for local services such as ‘Invoicing on Progress’ to be transacted within 7 working days after invoicing. If the ‘Debtor’ fails to maintain the agreement, the ‘Creditor’ has the right to seize services ‘Due to Non-Payment’ until all dues are settled.
8.4.12 The ‘Creditor’ may requests Post Dated Cheques to secure the work on progress payments.
8.4.13 If the dispatch or local delivery delays by the buyer, storage charges applying calculated on the volume of shipment and storage conditions. Goods will be released after settling dues including storage costs.
8.4.14 No refunds on orders for bespoke productions, as the factory arranges the material immediately.
8.4.15 Pricing of Installation Services are generally for regular working days and hours; which is from Saturday to Thursday; 08:00 AM to 05:00 PM. Except Ramadan. Installation Services outside the regular days and hours are subject to overtime which will be charged additionally, per hour per person.
8.4.16 Generally all business transactions are conducted on secure current basis.
8.4.17 Bespoke production are generally to be paid fully upfront, as well small sized orders/contracts.

Documentation Processing Standards [Environmental Policy]
9.1 The Company pursues the ‘Paperless Office’ performed by latest technology systems.
9.2 As of August 2015 The Company generates and processes its documents digital, in the effort protecting the environment, participating the green vision, and reducing carbon footprint.
9.3 The System: DocuSign, a digital transaction management system, as global and legal standard. Large multi-national enterprises, business departments, individual professionals, and consumers have standardized on DocuSign. More than 85 million users worldwide in188 countries have DocuSigned.
9.4 The Company’s document transmission standard is digital and all digital processed documents are valid as originals.

Delivery Times
10.1 The delivery or performance dates specified are approximate only. The Company as the representatives service office, nor the Manufacturing Partners will not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver or perform, if the duration of the delay is not substantial, or if the delay or failure is due to act of God, fire, inclement or exceptional weather conditions, industrial action (whether at the Company’s premises or elsewhere), hostilities, shortage of labour, materials, power or supplies, late delivery or performance or non-delivery or non-performance by subcontractors, governmental order or intervention (whether or not having the force of law) or any other cause whatsoever beyond the control or of an unexpected or exceptional nature.
10.2 The Company and/or its Manufacturing Partners may state Lead Times including shipping, based on general experiences on common shipping routes. However, delays due to, or while Forwarding, Shipping, Clearing, or any other 3rd Parties Services or administrative / governmental Bodies, are considered as non-influential by the Supplier/Manufacturer.

Packing Standards on Shipments
11.1 All Goods are packed by the manufacturer for shipping according international carpet manufacturers packing standards. Allowing sea-freight or air freight shipping. ‘Carpets for Contract’ and/or its Manufacturing Partners accepts no responsibility for any damage or loss in transit. Claims for damages or loss in transit should be made on the carrier and any condition imposed by the carrier in relation to claims for damage or loss in transit should be complied with. Insurance is always recommended and can be included in the shipping terms.

Buyers/Consignees obligation receiving goods
12.1 The Company provides the Buyer/Consignee the ETA once available by the forwarder. It gives the Buyer time to make all arrangement whatever necessary to receive the goods on arrival.
12.2 It is the Buyer/Consignee’s obligation to make any arrangements to receive the goods on arrival, even if it means to arrange storage in the event site is not ready for delivery. Storage time shall be limited if exposed to moisture, humidity and heat that may harm the goods, unless a professional storage temperature and environment controlled has been arranged.

General site conditions required prior installation
13.1 A/C – The installation is not to begin until the HVAC system is operational and the following conditions are maintained for at least 48 hours before, during and 72 hours after completion. The carpet is to be installed when the indoor temperature is between 65-95ºF (18-35ºC) with a maximum relative humidity of 65%. The substrate surface temperature should not be less than 65°F (18°C) at time of installation. Do not allow the temperature of indoor carpeted areas to fall below 50o F (10o C), regardless of the age of the installation. If these conditions are not attainable, contact flooring manufacturer for applications to warranty.
13.2 Substrate Conditions – The owner or general contractor is responsible for providing an acceptable substrate for the specified installation. Note: Installing carpet prematurely before other trades have completed their work will result in problems with: overall appearance, visible damage, soiling, adhesive failure, delamination and dimensional stability. These conditions may not be immediately evident.
13.3 Floor Preparation – Carpet is required to be installed over properly prepared substrates that are suitable for the specific product and installation method selected. All cracks, holes and flooring irregularities are required to be repaired to ensure a smooth, finished appearance, prevent accelerated wear and telegraphing substrate irregularities. Substrates are required to be structurally sound and free of foreign substances that will compromise the carpet or its installation. Patching compounds are required to be suitable for the use application. Select polymer-fortified patching compounds according to the carpet manufacturer’s instructions. (Refer to ASTM E1155-96 (2008). Note: Patched areas may be porous and highly alkaline, which will prevent adequate adhesive bond. For best results, prime patched areas. Consult patch manufacturer for primer recommendations and compatibility with adhesives.
13.4 Concrete – Concrete must be cured, clean and dry. Cracks, chips and saw cuts must be properly patched or treated. Concrete is available in two basic forms; lightweight and normal weight. This difference is based on the type of aggregate used in the mix. Lightweight concrete is most commonly, but not exclusively, used on upper floors. Various screeds and topcoats that are available – typically gypsum based – are NOT lightweight concrete. CAUTION: Any concrete floor, even when adequately cured and dry, can allow moisture vapor to pass through to its surface. Depending upon the type of carpet and method of installation, the moisture emission rate greatly influences the long-term success of an installation. The use of a properly installed, uncompromised, approved moisture membrane is essential in preventing moisture migration into and through a concrete slab.
13.5 Substrates – Surfaces such as terrazzo, ceramic and natural stone – Remove finishes and prepare flooring surfaces to ensure adhesion. These surfaces are required to be structurally sound and well bonded to substrate. Fill grout lines flush with approved cementitious leveling or patching compound. Follow the open time recommendations of the adhesive manufacturer when adhering carpet to nonporous substrates. Slate and Brick – These surfaces may be too rough and uneven for most installations and may require refinishing and/or smoothing before installing carpet. Asphalt – It is required that asphalt surfaces be clean, dry, free from excessive oil and grease, and in good condition. Cure new asphalt for at least 30 days, or longer, depending upon weather conditions. Follow adhesive manufacturer’s recommendation.
13.6 Ventilation – During installation, maintain air circulation by operating the HVAC system at full capacity.
13.7 Full access to site, not be disturbed by other works and labours.
13.8 Multi Storey Buildings at least one Elevator has to be dedicated, to distribute the materials to the floors.
13.9 Protection – After installation it is recommended that the buyer protects the carpeted area immediately.
13.10 Manufacturers Cleaning and Maintenance Manual will be provided.

Quantification
14.1 In general the Company and its Manufacturing Partners are not responsible for quantifications, and delivering as inquired. However, the Company may assist the Buyer to understand proper quantification, up to an extend that the factory will provide professional roll production and fitting plans, as professional supporting document that explains number of rolls, cutting plan and fitting locations.

Custom Sampling and Mock-Up Rooms
15.1 Generally first sample is free of charge.
15.2 Depending on production type and project quantity charges are determined on project to project basis.
15.3 Mock-Up Room Orders will be treated as regular order. However, in the event of order for the main contract, the material difference if any, between project price per sqm and the paid mock up per sqm price will be credited.

Currencies of Goods and Services
16.1 Products are offered in its origins currency (EUR; USD; GBP).
16.2 Local Services and Goods are offered in AED.
16.3 Products offered in AED its origin currency however is EUR, GBP or USD the quote/pro-forma invoice has limited validity due to currency exchange rate fluctuations, therefore the Company holds the right to adjust the quoted local currency amount at any time. The Buyer accepts the fact of currency value fluctuations are a natural matter in business and that rates will be ajusted at any time to maintain service and commodity value. Whatsoever; the Company always tries to maintain prices, converted to AED, as long as any possible.

Information of Stock Availability
17.1 Information about Available Stock in Quotations or any other correspondence are always subject to be re-confirmed / re-inquired prior firm order. Factory’s Stock information as well Local Warehouse Stock information are subject to daily sales, serving orders on the principle ‘First Come First Serve’.
17.2. Stock can be temporarily reserved for max. 3 days if the customer is firm about to place an order.
17.3 Corporate guaranteed stock availabilities in order to access the material fast with a specific price can be agreed, where details about required volume, price, and committed monthly/yearly turnover will be contractual defined.

Production Overages/Overruns/Surplus at Halbmond
18.1 Halbmond’s production overages will be invoiced and delivered to the buyer. However, overages are limited by the Halbmond to: 100 – 199 sqm 7%, 200 – 499 sqm 5%, 500 – 999 sqm 3%, > 1,000 sqm 1%. The percentage of overage is not a guaranteed value, as overages varies from almost zero to the max. possible percentage.

Color and Tolerance
19.1 The Manufacturer agrees to make every effort to match varying lots in the Goods to, as near as possible but an exact color match cannot be guaranteed.
19.2 In terms of tolerance the Goods, slight variations by the manufacturer cannot be avoided but the manufacturer warrants that tolerance should be within the states standards by the factory.
19.3 In cut-pile carpeting pile reversal (shading) may occur in rare cases without affecting its fitness for use. Such shading is not covered by the warranty since it is neither caused by defective material nor defective workmanship. Pile reversal is not a manufacturing defect and does not affect the durability of the carpet. Pile reversal is not due to the materials used to produce the carpet, the manufacturing process, or any combination of these factors. Watermarking or shading may develop on a carpet made with any fiber(s) or manufacturing process.

Change or Cancellation of Service Schedules
20.1 A change of Installation Schedules are generally possible 24hours prior, or at least the day before COB, in writing. Installation Teams that appear at site without prior notice that installation cannot be carried out, a charge applies depending on team size and location distance.
20.2. If the client misses to inform us that a particular service is not anymore required, or he decides to have it done by it’s own team (e.g. removal of carpets), however Tachmarx made all arrangements and the teams appearing at site to carry out the job, 80% for this scope as quoted, for this day remains due.

Procurement
21.1 Purchase Orders are issued with a PID [Procurement ID) related to the project.
21.2 Variation Orders of the same project will have to have a different PID.
21.3 All procurement documents will be countersigned electronically by the authorized signatory.
22.4 Purchase Order are provided electronically only.
22.5. Purchase Order are valid only if send by the issuing system of Tachmarx International.

Version 2015.01

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