Experienced sea captain, Abdulla Mohamed Ibrahim,founded his trading company in 1981 to serve the growing demand for modern marine technology in the United Arab Emirates.
Over the years, he has navigated the company through a period of intense growth and secured regional distributorships for leading international brands across multiple sectors from marine and aviation navigation to water sports, outdoor recreation and fitness.
AMIT Marine Services has been an industry player and the customers’ preferred choice for marine and diving products and services since 1981. Established and based in the UAE, the entity offers customized, expert solutions in Marine Equipment and Services, and is honed to cater to the Commercial Maritime Industry across GCC and Asia. Visit our website to learn more.
AMIT RETAIL is a one-stop shop for globally renowned Outdoor Adventure brands in the UAE. Brands participating in the warehouse sale include Garmin, Tacx, Atomic, Bare, Yamaha, Stahlsac, Zeagle, Oceanic, Omer, Blue Sea, Hella Marine, Plastimo, Subgear, Sharkskin, Seac, Scubapro, Riffe, Palantic, Light & Motion, Gull, Epsealon, Fifth Element, AB Biller, Big Mouth and Wow.
Established in 1985 in the UAE, AMIT Real Estate has been at the forefront of UAE’s Real Estate market, delivering Residential, Commercial & Industrial properties across UAE and Thailand. Customer satisfaction and relationship building are of paramount importance; hence high-quality standards are applied to all property lending transactions. Visit our website to learn more.
1.1 “AIG” means the entity issuing the Order or Purchaser, and any affiliates, subsidiaries, successors or assigns thereof. “Supplier” means the person, firm or company to whom the Order is addressed. “Materials” means all the products and/or services to be supplied by Supplier under the Order. “Order” means the purchase order issued by AIG for the supply of Materials, which may be an Purchase Request/Order or a written or electronic document and may also include particular shipping instructions and/or other specifications required by AIG for the Materials.
1.2 This offer is not an acceptance or a confirmation of any previous order or proposal from Supplier, and this contract shall be deemed to be a rejection and counteroffer with respect to any previous order or proposal from Supplier. Acceptance of any shipment of the Materials shall not be construed as an acceptance of any such previous order or proposal or an acceptance of any different or additional terms proposed by the Supplier.
1.3 This contract shall become an “Agreement” upon acceptance by Supplier. Supplier shall be deemed to have accepted this contract by commencement of performance called in form of Order, by delivery of the Materials to AIG, by written acceptance or confirmation of this Agreement, or by any other act or communication constituting legal acceptance, whether or not any such acceptance or confirmation purports to state terms additional to or different from those stated herein. AIG hereby expressly objects to and rejects any such additional or different provisions, and none of such provisions shall be deemed to be a part of this Agreement unless specifically agreed to in writing by AIG.
2.1 The Supplier/Service Provider agrees to sell, transfer and deliver the Materials/Service to AIG for the purchase price set forth in the Order, subject to all of the covenants, terms, and conditions hereof.
2.2 AIG agrees to purchase the Materials, subject to all of the covenants, terms, and conditions hereof, and to pay Supplier/Service Provider the purchase price set forth in the Order. Typographical and other clerical errors in the Order are subject to correction. AIG reserves the right at any time to modify the Order upon notice to the Supplier/Service Provider. Upon such notice, AIG and Supplier/Service Provider shall negotiate an equitable adjustment in price and/or time of performance. AIG shall have the right to stop all or part of the work under the Order or cancel any future delivery of any Materials upon notice to the Supplier/Service Provider.
2.3 Supplier/Service Provider agrees to obtain from AIG a purchase order number for any and all purchase orders of goods and/or services. Supplier/Service Provider further agrees it will clearly reference the purchase order number on the applicable invoice(s). The supplier/Service Provider acknowledges that any invoice submitted to AIG that does not clearly reference AIG’s corresponding purchase order number may be considered invalid by AIG and may result in delayed payment.
2.4 Irrespective of whether engineering, design, data or information has been reviewed, and/or approved by AIG or incorporated in Purchase Order, the supplier/Service Provider warrants that the requirement is of latest technology (unless the purchaser specifically requests an older version), of excellent quality and workmanship (unless otherwise specifically authorized by the purchaser), are free from faulty design and errors, are fit for purposes specified in the Purchase Orders, shall conform with the specifications and any samples given to the Purchaser, shall operate in all material respect in accordance with its documentation and are of sufficient size and capacity and of proper material so as fulfill in all respects such operation conditions as may be specified by AIG.
2.5 With respect to the goods or services purchased under this Agreement, and all other goods or services purchased by the purchaser, Supplier/Service Provider expressly warrants for the Warranty Period as follows: (a) The goods shall strictly conform to all specifications, drawings, instructions, advertisements, statements on containers or labels, descriptions, and samples; (b) The goods shall be free from defects in workmanship and material and shall be new and of the highest quality. (c) Purchaser shall receive title to the goods that is free and clear of any liens, encumbrances and any actual or claimed patent, copyright, or trademark infringement. (d) The goods shall be merchantable, safe, and fit for the Purchaser’s intended purposes, which purposes have been communicated to the Supplier. (e) The goods shall be adequately contained, packaged, marked, and labeled. (f) The goods shall be manufactured in compliance with all applicable federal, state, and local laws, regulations or orders, and agency or association standards or other standards applicable to the manufacture, labeling, transporting, licensing, approval or certification, including by way of illustration and not by way of limitation, the Occupational Health and Safety Act, the Fair Labor Standards Act, and any law or order pertaining to discrimination. These warranties shall be in addition to all other warranties, whether express, implied, or statutory.
3.1 Unless the Purchase Order states that a written agreement that has been executed by the Purchaser and the Supplier/Service Provider takes precedence over these Terms and Conditions, the Supplier acknowledges and agrees that these Terms and Conditions are incorporated in, and part of, the Purchase Order. The Supplier/Service Provider acknowledges and agrees that it has read and understands these Terms and Conditions. If the Supplier/Service Provider does any of the following (3.1; 3.2 & 3.3), the supplier/Service Provider deemed to have accepted the Purchase Order (including these Terms and Conditions).
3.1.1 Accepts Purchase Order in writing.
3.1.2 Commence supplying the Requirements.
3.1.3 Takes preparatory steps to supply the requirement.
3.2 AMIT reserves the right at any time to make any changes to the purchase order (including additions and/or deletions to the original quantities) or any part thereof. If such changes cause any increase or decrease in the purchase order value and /or any alteration in the delivery date, a fair and reasonable adjustment shall be made by the Purchaser to the Purchase Order value and/or the contractual delivery date as applicable by written change order. Any claim by the Supplier/Service Provider for such adjustment must be made in writing and delivered to the Purchaser for the Purchaser’s approval before proceeding with the Changes.
4.1 Deliveries will be made in quantities, on the dates, at the location and at the times specified in the purchase order or any subsequent releases or instructions AIG issued under the Purchase Order. The Supplier should deliver the item not later than the specified delivery date on the Purchase Order.
4.2 The supplier/service provider shall bear the risk of loss of all Goods delivered in advance of the delivery date specified in the purchaser’s delivery schedule. If the supplier fails to have Goods ready for shipment in time to meet the delivery schedules using the method of transportation originally specified by the purchaser and as a result the purchaser requires the supplier to ship the goods using a premium method of transportation, the supplier will pay, and be responsible for the entire cost of such premium shipment.
4.3 A detailed delivery note must accompany the delivery of all goods. The marks on each package and identification of the goods on packing slips, bills of lading and invoices must enable the Purchaser to easily identify the Goods as per the ff:
4.3.1 Properly pack, mark and ship goods as instructed by the AIG or any carriers and in accordance with any applicable laws or regulations.
4.3.2 Route shipment as the Purchaser Instructed
4.3.3 Not charge for costs relating to handling, packaging, storage or transportation (including duties, taxes, fees, etc.) unless otherwise expressly stated in the Purchase Order.
4.3.4 Promptly forward the original bill of lading or other shipping receipt with respect to each shipment as the Purchase Instruction.
4.4 The supplier/service provider shall ensure that all requirements shall be completed or delivered on or before the completion date and the supplier shall comply with and meet all deadlines set out under the Purchase Order or relating to completion of services, Deliverables or Delivery of goods (“Deadlines”). Failure to meet any Deadline set out in the Purchase Order or relating documents (Agreement/SOW) will be deemed a material breach of the Purchase Oder without prejudice to the Purchaser’s additional rights.
4.5 Unless different terms are entered into the Order and supplier/service provider fails to meet a deadline, the supplier shall be liable to pay AIG one percent (1%) of the total price for each calendar day falling after the deadline and such liquidated damages shall cease to accrue on the earlier of the date the relevant services are completed/goods are received and the date of termination of the purchase order.
5.1 Service/Materials shipped against this Agreement shall be invoiced at the price set forth in the Order. Unless otherwise specified on the Order, payment of the purchase price shall be due as per payment terms in Purchase Order and/or seventy-days after the later of AIG’s receipt of Supplier’s correct invoice for such shipment or the date on which the Materials are received by AIG. Supplier/Service Provider agrees that it will take no adverse action against AIG for any invoices not paid resulting from Supplier/Service Provider’s failure to obtain or clearly reference purchase order numbers on the applicable invoices or accurately invoice AIG.
5.2 The purchase price for the Service/Materials shall include all taxes, customs duties, customs fees or other governmental charges due with respect to the Service/Materials. AIG shall, however, pay for any taxes that it is statutorily required to pay. Supplier shall provide AIG with documentation satisfactory to AIG that establishes AIG’s statutory liability to pay such taxes. If Supplier fails to provide such documentation, AIG shall not be obligated to pay any such taxes.
5.3 Supplier shall be responsible for all shipping and insurance costs, including without limitation, packing, crating, cartage and freight costs.
5.4 Supplier shall submit invoices to the Purchaser via AIG portal (i-Supplier), no other manner of submission will be accepted by the Purchaser. The supplier’s invoice must include the Purchase Order number.
5.5 Where the requirement involves the performance of Services, the supplier shall submit relevant evidence of completion of the services (as required by the purchaser (e.g Job Completion Report/Certification) in addition to the invoice, upon completion of the services.
5.6 For the avoidance of doubt, no obligation for the Purchaser to pay for the requirement shall arise, unless the above (clause 5.5) requirements have been met.
5.7 Except in special cases, all payment shall be made by bank transfer as mandatory and Cash payment upon agreed. Each party shall be responsible for its own bank charges. If an invoice is not in conformity with the Purchase Order, the Purchaser shall return the invoice to the supplier specifying the reasons for the return. The Supplier/Service provider should resolve any such reasons and queries and resubmit the invoice.
6.1 All shipments of Goods and performance of Services shall be subject to AIG’s right of inspection. AIG shall have ninety (90) days (the “Inspection Period “) following the delivery of the Goods at the Delivery Point or performance of the Services to undertake such inspection, and upon such inspection, AIG shall either accept the Goods or Services (“Acceptance “) or reject them.
6.2 AIG shall have the right to reject any Goods that are delivered in excess of the quantity ordered or are damaged or defective. In addition, AIG shall have the right to reject any Goods or Services that are not in conformance with the Specifications or any term of this Agreement. Transfer of title to AIG of Goods shall not constitute AIG’s Acceptance of those Goods.
6.3 AIG shall provide Supplier within the Inspection Period notice of any Goods or Services that are rejected, together with the reasons for such rejection. If AIG does not provide Supplier with any notice of rejection within the Inspection Period, then AIG will be deemed to have provided Acceptance of such Goods or Services.
6.4 AIG’s inspection, testing, or Acceptance or use of the Goods or Services hereunder shall not limit or otherwise affect Supplier’s warranty obligations hereunder with respect to the Goods or Services, and such warranties shall survive inspection, test, Acceptance, and use of the Goods or Services.
7.1 Unless otherwise stated in a Purchase Order, all prices or other payments stated in the Purchase Order are exclusive of any taxes. Supplier shall separately itemize all applicable taxes each on each invoice and indicate on each invoice its applicable tax registration number(s). AIG will pay all applicable taxes to the Supplier when the applicable invoice is due.
7.2 The Supplier will remit all applicable taxes to the applicable government authority as required by applicable laws. Notwithstanding any other provision of this Agreement, AIG may withhold from all amounts payable to Supplier all applicable withholding taxes and to remit those taxes to the applicable governmental authorities as required by applicable laws.
7.3 Performance of Services the supplier shall commence the services on the commencement date, or if no date is specified, immediately upon receipt of the Purchase Order and complete the deliverable as set out in the Purchase Order and comply with all scope, design, plans, drawings included in the Purchase Order and any relevant key performance indicators imposed.
7.4 Supplier shall apply for obtain and maintain the respective renewal of all necessary consents, approvals, certificates, permits, licenses, statutory agreements and any other authorizations required by law and any agreements from third parties in connection with the Purchase Orders.
7.5 The supplier shall ensure that the AIG Premises and property is kept clean, safe and without risk to persons or other property and shall not use the AIG Premises or any purpose other than the provision of the Services without the prior written approval of AIG.
7.6 Supplier shall not use or attempt to use any part of the premises for any use or propose use which would be contrary to UAE laws, culture and moral values, common decency or good morals or otherwise improper or detrimental to the reputation of AIG.
8.1 Supplier shall safeguard and keep confidential any and all information relating to AIG obtained by it or provided to it by AIG in connection with this Agreement and shall use such information only for the purposes of carrying out its obligations under this Agreement.
8.2 All Confidential Information of AIG disclosed by AIG to Supplier, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with this Order is confidential, solely for the use of performing this Order and may not be disclosed or copied unless authorized in advance and in writing by AIG. Upon AIG’s request, Supplier shall promptly return all Confidential Information received from AIG. AIG shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain; (b) known to Supplier at the time of disclosure, or (c) rightfully obtained by Supplier on a non-confidential basis from a third party. For purposes of this Agreement, “Confidential Information” means all non-public, confidential or proprietary information of AIG including, but not limited to, business affairs, business plans, trade secrets, intellectual property, specifications, samples, patterns, designs, client information, customer information, supplier information, technical data, developments, properties, systems, procedures, services, processes, methods, drawings, know-how, equipment, development plans, documents, manuals, strategies, training materials, costs, pricing, discounts or rebates, sales quantities or volumes, inventions, discoveries, or any other confidential matters acquired under this Order.
9.1 Supplier represents and warrants to AIG that it has in place with reputable insurers such insurance policies in coverage amounts that would be maintained by a prudent supplier of goods and services similar to the Goods and Services provided hereunder, including, as applicable, professional errors and omissions liability insurance and comprehensive commercial general liability insurance (including product liability coverage, all-risk contractors’ equipment insurance, and automobile liability insurance). In addition, Supplier will take out and maintain, at its own cost, such as insurance policies and coverages as may be reasonably required by AIG from time to time.
9.2 The supplier will promptly deliver to AIG, as and when requested, written proof of such insurance. If requested, AIG will be named as an additional insurer under any such policy. If requested by AIG, such insurance will provide that it cannot be canceled, or materially changed so as to affect the coverage provided under this Agreement, without the insurer providing at least 30 days prior written notice to AIG.
10.1 Supplier shall indemnify, defend and hold harmless AIG, its Affiliates, and their respective officers, directors, employees, consultants, and agents (the “AIG Indemnified Parties“) from and against any claims, fines, losses, actions, damages, expenses, legal fees and all other liabilities brought against or incurred by the AIG Indemnified Parties or any of them arising out of: (a) death, bodily injury, or loss or damage to real or tangible personal property resulting from the use of or any actual or alleged defect in the Goods or Services, or from the failure of the Goods or Services to comply with the warranties hereunder; (b) any claim that the Goods or Services infringe or violate the Intellectual Property Rights or other rights of any person; (c) any intentional, wrongful or negligent act or omission of Supplier or any of its Affiliates or subcontractors; (d) Supplier’s breach of any of its obligations under this Agreement; or (e) any liens or encumbrances relating to any Goods or Services.
10.2 In any case where it is necessary for employees, subcontractors’ agents or supplier representative to enter the premises of AIG, the supplier agrees to assume full responsibility for the proper conduct of such those persons. All such persons, while in AIG premises shall comply with all applicable workmen’s compensation laws, with all relevant requirements of any statute, statutory rule or order, or other instrument having the force of law and with all site rules and regulations, particularly with regard to safety precautions and fire hazards including any health and safety guidelines. The supplier shall obtain/arrange both workmen’s compensation / employer’s liability insurance together with insurer’s waiver of subrogation rights against AIG.
10.3 Supplier should be required to enter the Premises of AIG providing a valid certificate of insurance to the purchaser relating to third party liability/public liability insurance covering the legal liability of the supplier and its personnel, for injury illness or death to persons or for loss of or damage to property including in each case, claimant’s and defense costs, resulting from or incurred in connection with the negligent carrying out of the services, or the provision of defective goods. Such coverage shall have a limit of liability of not less than one million United Arab Emirates Dirhams (AED 1,000,00.00) in respect of each occurrence. Supplier is required to ensure that the cover prescribed is taken out by the respective employers or is otherwise in place.
10.4 The supplier shall also obtain and maintain professional indemnity insurance for an amount of not less than one million United Arab Emirates Dirhams (AED 1,000,00.00) and shall be maintained in full amount for the period in which the services are being performed and with a discovery period of ten years from the conclusion of the Purchase Order.
11.1 AIG reserves the right to cancel/terminate this Purchase Order or any part thereof. AIG shall be entitled to rescind the Agreement wholly or in part in a written notice to the Supplier if (i) The Supplier fails to comply with the terms of the Purchase Order; or (ii) The Supplier goes bankrupt or goes into liquidation proceedings; or (iii) The Supplier fails to deliver the goods on time and / or replace the rejected goods promptly; or (iv) the Supplier fails to deliver the Goods/Services of desired quality, weight, specification, drawing, layout, design, etc.; or (v) The Supplier makes general assignment for the benefit of the creditors; or (vi) Receiver is appointed in respect of property of the Supplier. AIG shall also be entitled to cancel this Order without assigning any reasons or becoming any way liable in such cancellation.
12.1 Except for Supplier’s obligations under clause 7, and except for damages that are the result of the gross negligence or willful of a party, in no event will either party be liable to the other party or any other person for any indirect, incidental, consequential or punitive damages, including lost profits, data, goodwill, or business opportunity for any matter relating to this agreement.
13.1 Failure or omission to carry out or observe any of the stipulation or condition of the Agreement shall not give rise to any claim or be deemed a breach of the Agreement if the same shall arise from any of the following cause. viz. the imposition or restriction on import, Acts of God. The Supplier submits his, acceptance of this agreement with the above conditions by acceptance of Buyer’s Order even in case where the confirmation has been made under assumption of different condition.
14.1 No waiver by any party of any of the provisions of the Order shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Order shall operate or be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
15.1 This purchase order shall be governed by and construed, performed and enforced in all respects in accordance with the laws of Dubai, United Arab Emirates, and the Federal Laws of the United Arab Emirates, without giving effect to the principles of conflicts or choice of law provisions therein.
