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STANDARD TERMS AND CONDITIONS OF SALE for ABS Tech

These Terms & Conditions of Sale ("Agreement") govern all sales of software, hardware, and services by ABS Tech ("ABS Tech," "we," "us") to you, the customer ("Customer"). By placing an order with us, you agree to be bound by this Agreement.

1. General Provisions

1.1. Entire Agreement: This Agreement, along with the order form or invoice, constitutes the entire and sole agreement between ABS Tech and the Customer, superseding all prior communications, proposals, and agreements.

1.2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Bahrain, without regard to its conflict of law principles.

2. Product & Service Sales

2.1. Product Descriptions: ABS Tech makes every effort to ensure the accuracy of product descriptions and specifications. However, we do not warrant that they are error-free.

2.2. Order Acceptance: All orders are subject to acceptance by ABS Tech. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing, or suspected fraud.

3. Software-Specific Terms

3.1. License Grant: ABS Tech does not sell its software; it licenses it. Subject to your full payment, ABS Tech grants you a non-exclusive, non-transferable, limited license to use the software according to the terms of the accompanying end-user license agreement (EULA). All rights not expressly granted are reserved by ABS Tech.

3.2. Intellectual Property: The software, including all intellectual property rights, remains the exclusive property of ABS Tech or its licensors. You agree not to copy, modify, decompile, reverse engineer, or create derivative works from the software.

3.3. Support: Software support and maintenance may be provided under a separate support agreement and are not included in the software license fee unless explicitly stated.

4. Hardware-Specific Terms

4.1. Shipping: All shipping is F.O.B. (Free on Board) from our facility. The risk of loss or damage to the hardware passes to the Customer upon our delivery of the hardware to the carrier. Shipping and handling costs are non-refundable.

4.2. Returns: Hardware may only be returned within 2 days of delivery only if there is any fault in it, provided it is not physically damaged by customer and in its original, unopened packaging. All returns are subject to a 3% restocking fee.

5. Warranties & Disclaimers

5.1. Limited Warranty:

  • Hardware: We warrant that new hardware products will be free from defects in materials and workmanship for a period of 1 year(s) from the date of shipment. Used hardware warranty is 3 months. Used hardware warranty means the issue will be fixed or hardware replaced with similar item. Warranty becomes void if warranty sticker is removed, tampered or damaged.
  • Software: We warrant that our software will perform substantially in accordance with its documentation for a period of 1 year from the date of purchase.

5.2. Warranty Exclusions: This limited warranty does not cover defects or damage caused by misuse, accidents, unauthorized repairs, or improper installation.

5.3. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ABS TECH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability

6.1. Limitation: ABS TECH'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

6.2. No Consequential Damages: IN NO EVENT SHALL ABS TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Dispute Resolution

Any dispute arising from this Agreement will be resolved through binding arbitration in Portugal, Bahrain or Pakistan in accordance with the rules of respective state.