MF Fastener Industries LLC
Emirates Modern Industrial Area, Umm Al Quwain, United Arab Emirates · P.O. Box 7071
These terms govern all quotations, orders and deliveries by MF Fastener Industries LLC (“MF”). They apply to the order shown on our acknowledgement and to all future orders unless we agree otherwise in writing. Read them before signing a contract or placing an order.
Where we have issued you a quotation, the terms printed on it form the contract and govern in full.
1. Application of these terms
These terms are an integral and compulsory part of every quotation we issue. By placing an order against our quotation, the Buyer accepts them.
Any conflicting purchase terms and conditions of the Buyer are expressly rejected, and apply only where we confirm them in writing. Acceptance of delivered goods is acknowledgement of these terms.
No offer falls outside the scope of these terms. No employee, agent or representative of MF may vary them except in writing signed by a director.
2. Quotations and orders
A quotation is valid only for the period stated on it. If the order is not finalised within that period, MF may change the price or any other part of the quotation. Validity can be extended by written confirmation from MF for a mutually agreed period.
Our quoted price applies to the complete offer. A partial order against a quotation is subject to MF’s acceptance.
MF has the unconditional right to accept a purchase order in full or in part, at its own discretion.
Ex-stock items are quoted subject to prior sale. Where goods quoted as ex-stock are sold to another customer before we receive your order, MF has no obligation to offer an alternative or substitute, and no liability or compensation arises.
3. Prices
Prices are those stated on our quotation or order acknowledgement, in AED unless stated otherwise, plus any miscellaneous costs or charges applicable at the time. Uncollected goods may be revalued on the terms stated on the quotation. Unless special terms are agreed, prices are ex-works, with no deduction or discount for immediate payment.
For custom-made products, MF may increase the price by a reasonable amount and deviate reasonably from the agreed quantity. A variation of ±10% against the ordered quantity is deemed agreed, and the Buyer must take delivery of surplus quantities within that tolerance. Quantities within this tolerance are not a shortage or a defect.
4. Payment
For all new account holders, the first three transactions will be honoured only against a banker’s draft or bank cheque. Company post-dated cheques are not acceptable.
Payment terms are those stated on our order acknowledgement or invoice.
5. Credit
MF may assign a credit limit for a mutually agreed period against the Buyer’s credit request. Any credit limit or facility may be changed or cancelled at MF’s discretion, with or without prior notice to the Buyer.
6. Late payment
If payment is not made by the due date, default arises automatically without any reminder being required, and the entire outstanding balance becomes immediately due irrespective of any agreed payment schedule.
MF may charge interest on overdue sums at 1% per month, or the maximum rate permitted under the laws of the United Arab Emirates if that is lower.
MF may also suspend delivery of any pending order while payment is overdue, and is not liable for liquidated damages or any loss of any nature arising from that suspension.
7. Cancellation
This clause applies to cancellation before the goods are ready. Goods that have reached readiness and are not collected are governed by the collection terms on the quotation.
Where a confirmed order is cancelled, the following charges apply and will be invoiced for immediate payment:
| When cancelled | Charge |
|---|---|
| Within 2 days of the confirmed purchase order | 60% of order value |
| After production has started, within 4 days of the confirmed purchase order | 80% of order value |
| Once production is more than 50% complete | 100% of order value |
8. Delivery
MF will endeavour to meet stated delivery deadlines. Delivery deadlines are not binding unless expressly agreed otherwise in writing, given the nature of material processing and our dependence on our own suppliers delivering correctly and on time.
The place of performance for delivery is the principal place of business of our respective suppliers or manufacturers. The place of performance for payment is MF’s principal place of business.
9. Collection and storage
Goods must be collected within fifteen (15) days of our notice that they are ready. Uncollected goods incur storage at 2% of their value per month, and standard goods uncollected after twenty (20) days may be revalued at our prevailing selling price. Goods made to order are sold on the notice of readiness and the full price is due whether collected or not. The full terms are stated on the quotation.
10. Passing of risk
Risk of accidental loss, destruction or deterioration passes to the Buyer as soon as the goods are handed to the carrier — whether the Buyer’s appointed freight forwarder or MF’s own dispatch vehicle — or are made available for collection at MF’s premises.
Insurance in transit is the Buyer’s sole responsibility. MF is not liable for loss, theft or damage in transit where the Buyer has not insured the goods.
11. Retention of title
Goods supplied remain the property of MF Fastener Industries LLC until they have been paid for in full. This applies irrespective of delivery terms and irrespective of the passing of risk under clause 10.
Risk and title are separate. Risk passes on handover to the carrier; title passes only on payment in full. Until title passes, the Buyer holds the goods as bailee, must keep them identifiable and insured, and must not pledge them or grant any security over them. MF may recover the goods at any time while payment remains outstanding.
12. Packaging
Unless otherwise agreed in writing, goods are supplied in MF’s standard packaging appropriate to the product and the agreed mode of transport. Special packaging, marking, bundling or palletisation is quoted and charged separately, and must be specified before the order is accepted.
Protective packaging must not be removed before installation. Goods stored in wet, humid, saline or contaminated conditions after delivery are outside our warranty.
13. Inspection and notification of defects
The Buyer must examine the goods on collection or delivery.
| What | Notify within |
|---|---|
| Visible defects, shortages or transit damage | 5 days of receipt |
| Non-compliance with the purchase order | 5 days of receipt |
| Latent defects — not reasonably discoverable on examination | 10 calendar days of discovery, and within the warranty period |
Time is of the essence. Goods not notified within these periods are deemed accepted, and the Buyer forfeits any right to compensation or replacement.
Every notification must state the invoice number, the date of delivery, the lot number and heat number, the quantity affected, and a description of the problem. Goods that cannot be identified by lot and heat number cannot be traced to a production run and are not covered.
The Buyer must retain the affected goods in the condition in which the problem was found, and must not scrap, return, repair, re-work or install further quantities from the same lot until MF has responded in writing.
14. Warranty
Goods are covered by MF’s Product Warranty, which forms part of these terms and sets out what is covered, for how long, what is excluded, and how to claim.
In summary: 12 months from delivery for goods manufactured at our plant, 6 months for goods imported and supplied from stock. Where the Warranty and these terms differ, these terms prevail.
Where a claim is accepted, MF will at its election repair or replace the goods, deliver substitute goods, refund the invoice value, or issue a credit note. MF must be given a reasonable opportunity to render subsequent performance before any other remedy is pursued.
Replacement is subject to confirmation by a professional expert on evaluation of the material, and to the defective material being returned to MF. Where the defect arises from mishandling, from failure to apply the product in accordance with the relevant international standard, or from poor workmanship by the Buyer, MF is not responsible for replacement.
15. Limits of liability
In any case or situation whatsoever, MF’s liability is strictly limited to the value of the order, and MF cannot be held responsible for anything beyond the ordered value.
MF is not liable for any indirect, special or consequential loss, including loss of profit, loss of revenue, loss of contract, liquidated damages, delay or disruption to a project, the cost of removing, accessing or reinstalling goods, or any claim brought against the Buyer by a third party.
Nothing in these terms excludes or limits liability which cannot lawfully be excluded or limited under the laws of the United Arab Emirates.
16. Manufacture and sourcing
It is at MF’s sole discretion whether material is produced in full or in part at our own plant, or at an approved manufacturer elsewhere. MF is equally free to supply goods manufactured by another producer against any purchase order, provided the goods meet the requirements and technical specification of that order.
MF manufactures anchor bolts, studs and plate washers at its plant in Umm Al Quwain. Other items are imported and supplied from stock.
17. Technical information and drawings
Technical information, literature, documents and drawings provided by MF are given to the best of our knowledge. The Buyer is responsible for identifying any deviation from the relevant standard before manufacture begins.
Where the Buyer does not identify such a deviation, the information we supplied prevails over the relevant standard, and MF is not liable for damages arising from that.
Where goods are made to the Buyer’s drawing or specification, the Buyer is responsible for the suitability of that design.
18. Documents
Documents supplied by MF may not be copied, made available to third parties, or used for any purpose other than the agreed purpose.
19. Force majeure
Force majeure applies to all purchase orders. MF is not liable for failure or delay in performance caused by events beyond its reasonable control.
20. Governing law and jurisdiction
These terms are governed by the laws of the United Arab Emirates.
In the event of any dispute, Buyer and Seller will first use their best efforts to resolve the matter amicably. Failing agreement, the dispute is subject to the exclusive jurisdiction of the courts of Umm Al Quwain, United Arab Emirates.
21. Weights
Weights shown on MF’s website, in catalogues, charts, calculators or quotations are theoretical values derived from the nominal dimensions of the applicable standard and are provided for estimating, freight and logistics purposes only. Actual weights may vary by ±3% or more according to manufacturing tolerance, head form, thread rolling and coating. Goods are sold and delivered by piece count unless expressly agreed otherwise in writing. Where a weight appears on an invoice or packing list, it is the actual weighed figure and prevails over any theoretical value. No claim for short delivery shall be founded on a theoretical weight.
22. Related documents
Product Warranty — what is covered, for how long, and how to claim.
Fraud Prevention Policy — how we prevent fraud, and how to protect yourself when paying us.
Where we have issued you a quotation, the terms printed on it form the contract and govern in full.
Please read these terms carefully before signing a contract or agreement. If anything is unclear, ask before you order rather than after. Questions to sales@mfindllc.com.
