General
These General Terms and Conditions apply to all quotations, orders, sales, deliveries, and services provided by ACROW Building Products (ABP) (the “Supplier”) to its customers (the “Purchaser”).
By placing an order, the Purchaser accepts these Terms and Conditions. Any different or additional terms proposed by the Purchaser shall apply only if expressly accepted in writing by the Supplier.
Quotations and Order Acceptance
Quotations remain valid for the period stated in the quotation and are subject to availability and final written confirmation by the Supplier. An order becomes binding only when confirmed in writing by the Supplier or when shipment is made. Any verbal agreement or amendment must be confirmed in writing
Prices
Unless otherwise stated in the quotation, prices are Ex Works (EXW) in accordance with In coterms 2020 and exclude packaging, freight, insurance, customs duties, taxes, and VAT.
rices may be revised before order confirmation if raw-material costs, exchange rates, freight costs, or applicable regulations change materially.
After order confirmation, any price adjustment shall require written notice and the Purchaser’s written agreement. Custom-made products are non-cancellable and non-returnable once production has commenced
Payment Terms
Payment shall be made in accordance with the terms stated in the quotation, order confirmation, or invoice. If no payment terms are stated, payment is due within 30 days from the invoice date.
Overdue amounts may be subject to commercial interest at the maximum rate permitted by applicable law. The Supplier may suspend production or delivery, cancel any outstanding credit facility, or require advance payment while any amount remains overdue.
Delivery
Delivery dates are estimates unless expressly confirmed as binding in writing. The Supplier shall make reasonable efforts to meet the agreed schedule but shall not be liable for delays caused by events beyond its reasonable control. Partial deliveries are permitted, provided they do not materially affect the intended use of the products.
Shipping and Transportation
The agreed Incoterm and delivery point shall be stated in the quotation or order confirmation. Risk of loss or damage transfers in accordance with the agreed Incoterm. Unless otherwise agreed, the Supplier may select the transport method, while freight, insurance, customs clearance, unloading, and related charges remain the Purchaser’s responsibility.
Product Information
Catalogues, brochures, technical data, drawings, samples, and photographs describe the products in general and do not form part of the contract unless expressly referenced in the order confirmation. Product improvements and minor variations within agreed specifications or normal manufacturing tolerances shall not be considered defects.
Warranty and Claims
The Supplier warrants that the products will meet the agreed specifications at the time of delivery. Any additional product warranty shall be governed by the applicable quotation, technical datasheet, or warranty certificate. Visible shortages or defects must be reported in writing within 7 days of delivery.
Hidden defects must be reported promptly after discovery and within the applicable warranty period. The Purchaser shall provide photographs, batch details, and reasonable access for inspection. For a valid claim, the Supplier may, at its discretion, repair or replace the affected products or refund their invoiced value.
The warranty does not cover misuse, improper handling or storage, incorrect installation or application, unauthorized modification, normal wear and tear, or use outside the Supplier’s written instructions.
Quality Assurance
Products are manufactured under the Supplier’s established quality-control procedures. The Supplier is responsible for compliance with the agreed specifications; the Purchaser is responsible for confirming that the selected product is suitable for its intended application, installation method, and site conditions.
Limitation of Liability
To the maximum extent permitted by applicable law, the Supplier’s total liability arising from any claim shall not exceed the net invoice value of the affected products. The Supplier shall not be liable for loss of profit, loss of business, loss of use, or any indirect, incidental, or consequential loss. Nothing in these Terms excludes liability that cannot legally be excluded or limited.
Retention of Title
To the extent permitted by applicable law, ownership of the products remains with the Supplier until all amounts due for those products have been paid in full. Until ownership transfers, the Purchaser shall keep the products identifiable, properly stored, and insured and shall not pledge them as security.
Order Cancellation
An order may be cancelled only with the Supplier’s prior written approval. The Purchaser shall reimburse the Supplier for reasonable costs already incurred, including committed raw materials, work in progress, completed products, and cancellation charges from third parties. Custom-manufactured products cannot be cancelled once production has commenced.
Force Majeure
Neither party shall be liable for delay or failure caused by an event beyond its reasonable control, including natural disasters, war, civil disturbance, epidemic, labour disruption, transport interruption, raw-material shortage, government action, or utility failure.
The affected party shall notify the other party promptly and take reasonable steps to reduce the impact. If the event continues for more than 60 days, either party may terminate the affected part of the order by written notice, without liability for the termination itself.
Governing Law and Jurisdiction
These Terms and any related order shall be governed by the laws of the Arab Republic of Egypt unless otherwise agreed in writing. The parties shall first attempt to resolve any dispute through good-faith negotiation. If no settlement is reached, the dispute shall be submitted to the competent courts of Cairo, Egypt.
