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2.5 Prices are subject to fluctuation in the event of any increase in the cost of labour or in the cost of materials or overheads affecting the cost of supplying the goods.
Any increase in such costs will be added to the price.
2.2 Without prejudice to Clause 2.3, below, the delivery method shall be agreed between the Buyer and the Seller at the time of order acceptance in accordance with Clause 1.3 2.3 If the delivery is Ex-Works, the price quoted shall be net Ex-Works and exclusive of any and all applicable taxes (whether local or otherwise), transportation costs, demurrage costs, insurance, customs clearance and any other costs payable in respect of the goods.
2.4 If delivery is agreed to be made by the Seller then, subject to Clause 4, the price quoted shall be inclusive of transportation costs, demurrage costs and insurance but shall not include any applicable taxes (whether local or otherwise), customs clearance or any other charges levied by any authority in respect of the goods.
1.2 If there is a conflict between these conditions and any other terms of the Seller's quotation, offer, tender or acknowledgement of order, these conditions shall prevail.
These terms specifically prevail over any publication of terms and conditions contained in sales literature or price lists published from time to time should there be any conflict.
Intervention and associated on-site costs will not be covered under the AKC Lighting warranty under any circumstances – the warranty applies to defective AKC Lighting products only.
The Buyer shall have no right to damages or to cancel the contract for failure for any cause to meet any delivery time stated nor shall the Buyer be entitled to make, or to purport to make, time for delivery of the essence of the contract.
The Seller also reserves the right to make an additional charge to cover any increase in transport costs occurring before the date of delivery. Payment 3.1 Unless otherwise agreed by the Seller in writing, payment shall be due and payable as per the agreed terms stipulated in the sales order confirmation and invoice and shall be made without any set- off, counterclaim, retention or deduction whatsoever.
3.2 The Seller shall be entitled to submit its invoice with its delivery advice note or at any time following dispatch except that where delivery has been postponed at the request of, or by the default of, the Buyer, the Seller may submit its invoice at any time after the goods are ready for delivery or would have been ready in the ordinary course but for the Buyer’s request or default.
3.7 Notwithstanding any other provision of these Conditions, the Seller reserves the right to refuse shipment of the goods if the total amount owing by the Buyer to the Seller under any contract made between them exceeds any credit limit agreed by the Seller from time to time. Delivery 4.1 Delivery of the goods within the UAE shall be given and taken at the Seller's premises unless the Seller has specifically agreed in writing to arrange transport for the goods in which case delivery shall occur when the goods arrive at the designated place of delivery (Ex-Works).
4.2 Delivery of the goods outside of the UAE shall be given and taken, and risk shall pass from the Seller to the Buyer, when the goods are loaded on board the vessel which will then take the goods to the Buyer’s destination port.
1.6 Unless specifically agreed to the contrary all commercial terms shall be interpreted in accordance with INCOTERMS current at the time the order is accepted. Prices 2.1 The price of the goods shall be the price as set out or determined in accordance with the Seller's current price list at the date of the order.