Terms & Conditions
The following terms and conditions (the “Terms”) apply to the sale by Bulkify Goods Wholesalers
L.L.C (the “Seller”) and the purchase by the buyer (the “Buyer”) of products agreed to be supplied to the Buyer (the “Products”).
Any sale of Products shall be governed by a pro-forma invoice issued by the Seller (the “Pro-forma Invoice”). The contract for the sale and purchase of the Products (the “Contract”) consists solely of these Terms and the Pro-Forma Invoice. All other terms and conditions, including any terms proposed by the Buyer under any purchase order or otherwise, and any statements, promises, or representations whether implied by statute or otherwise, are expressly excluded.
1. Delivery
All deliveries shall be supplied FOB, CPT, CIF, or EXW, as specified in the Pro-Forma Invoice, in accordance with Incoterms® 2010.
Any delivery dates provided are estimates only. Time for delivery shall not be of the essence.
If delivery is delayed due to acts or omissions of the Buyer, as reasonably determined by the Seller, the Seller reserves the right to charge the Buyer any additional costs incurred, including but not limited to demurrage, detention, re-delivery, unloading, excess freight, or other related expenses.
2. Payment
Payment shall be made in the currency and within the time period specified in the Pro-Forma Invoice.
3. Time for payment shall be of the essence.
Handling and Storage
After delivery, the Buyer or its agents shall:
- Handle the Products in accordance with good industry practice;
- Put the Products on sale promptly;
- Not store the Products in damp or dirty conditions;
- Not store food items with non-food items;
- Not intermingle Products with goods infested with or exposed to vermin, weevils, or other insects.
4. Limitation of Liability
The Seller shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill, whether direct, indirect, or consequential, nor for any claims for consequential compensation whatsoever, howsoever caused, arising out of or in connection with the supply of the Products.
Nothing in these Terms shall exclude or limit the Seller’s liability where such exclusion or limitation would be unlawful.
5. Retention of Title
Notwithstanding any other provision, title to all Products supplied by the Seller shall remain with the Seller until full payment of all sums due and owing by the Buyer on any account has been received.
The Seller or its agents may enter any premises where unpaid Products are stored to repossess such Products.
Until title passes, the Buyer shall store the Products separately and maintain them in satisfactory condition.
6. Risk and Claims
Risk of loss or damage to the Products shall pass to the Buyer at the point of delivery.
The Seller shall not be liable for claims for damage in transit or short delivery unless notified to the Seller
in writing within three (3) days of arrival of the Products.
7. Force Majeure
The Seller shall not be liable for delays or non-delivery caused by events beyond its reasonable control, including but not limited to acts of God, strikes, lock-outs, riots, war, accidents, acts of civil, military, or governmental authority, delays by third parties, transport shortages, embargoes, fires, or similar causes.
8. Prices
All prices and terms are subject to change without notice.
9. Trademarks and Branding
The Buyer is not licensed to use any trademarks or trade names of Bulkify Goods Wholesalers L.L.C. The Buyer shall not modify the Products or their cartons or packaging, nor alter, remove, or transfer any trademarks or trade names used on or in relation to the Products.
The Seller accepts no liability arising from any breach of this clause by the Buyer.
10. Amendments
No employee or representative of the Seller is authorized to amend or vary these Terms.
11. Governing Law and Jurisdiction
The Contract and any dispute or claim arising out of or in connection with it, including non-contractual claims, shall be governed by and construed exclusively in accordance with the laws of the United Arab Emirates.
The parties submit to the exclusive jurisdiction of the courts of the UAE.
12. Assignment
The Buyer shall not assign, transfer, or subcontract any of its rights or obligations under the Contract without the Seller’s prior written consent.
13. General Provisions
These Terms constitute the entire agreement between the user and Bulkify Goods Wholesalers L.L.C, unless expressly stated otherwise in writing.
Users of the Bulkify Goods website are strictly prohibited from copying, reproducing, distributing, modifying, or using any part of the Website’s content, design, layout, images, logos, or trademarks without prior written consent.
Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, or employment relationship between the user and Bulkify Goods Wholesalers L.L.C.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Bulkify Goods Wholesalers L.L.C. shall not be liable for failure or delay in performing any obligation caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, acts of government, labor disputes, port congestion, transport disruptions, or vessel delays.
Such events shall be deemed force majeure and shall not constitute a breach of these Terms.
Bulkify Goods Wholesalers L.L.C. may assign or transfer these Terms to any person or entity. The user may not assign or transfer these Terms, in whole or in part, without the prior written consent of Bulkify Goods Wholesalers L.L.C.
Any unauthorized use or infringement of Bulkify Goods Wholesalers L.L.C trademarks, logos, branding, or intellectual property shall entitle Bulkify Goods Wholesalers L.L.C to pursue legal remedies before the competent courts of Dubai, United Arab Emirates.
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, and shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.