The following terms and conditions govern the provision of engineering consultation services (“Services”) by MAYAR GULF ENGINEERING CONSULTANTS, herein referred to as “Seller,” to the client, herein referred to as “Client.”
By engaging with Seller for Services, Client acknowledges and agrees to be bound by these Sales Terms and Conditions. Any terms or conditions proposed by Client that are inconsistent with or in addition to these terms shall not be binding on Seller unless expressly agreed to in writing.
Seller shall provide Services to Client in accordance with the specifications and timelines agreed upon by both parties. Seller shall make reasonable efforts to meet agreed deadlines, but any delays caused by unforeseen circumstances shall not constitute a breach of contract.
Client agrees to pay Seller the agreed-upon fees for Services rendered. Payment terms shall be specified in the invoice provided by Seller. All fees are exclusive of any applicable taxes, which shall be the responsibility of the Client.
All engineering documents, data, designs, reports, and any other deliverables (“Deliverables”) produced by Seller in connection with the Services shall remain the property of the Seller, unless otherwise specified in writing by the Client. Seller retains all rights to use such Deliverables for marketing, promotional, or other business purposes, unless otherwise agreed upon with the Client.
Seller agrees to treat all confidential information provided by Client with the utmost confidentiality and not to disclose such information to any third party without the prior written consent of Client. This obligation of confidentiality shall survive the termination of this agreement.
Neither party shall be liable for any failure or delay in performing its obligations under this agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, and any other events beyond the reasonable control of the parties (“Force Majeure Event”). In the event of a Force Majeure Event, the affected party shall promptly notify the other party in writing and shall use reasonable efforts to mitigate the effects of the Force Majeure Event. The time for performance of the affected obligations shall be extended for a period equal to the duration of the Force Majeure Event, provided that if the Force Majeure Event continues for more than [insert number] days, either party may terminate this agreement upon written notice to the other party without liability.
In no event shall Seller be liable to Client or any third party for any incidental, consequential, indirect, special, or punitive damages arising out of or in connection with the Services provided, whether based on warranty, contract, tort, or any other legal theory, even if Seller has been advised of the possibility of such damages.
Either party may terminate this agreement upon written notice to the other party if the other party materially breaches any provision of this agreement and fails to remedy such breach within thirty (30) days of receiving written notice thereof.
This agreement shall be governed by and construed in accordance with the laws of Saudi Arabia. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Saudi Arabia.
It is explicitly stated that all agreements are deemed final, and thus, no refunds shall be granted on any agreements. In the event where work remains unexecuted by the Seller, the Client shall receive a “Credit Note” issued by the accounting department, entitling them to monetary credit applicable towards future projects.
The Client is hereby apprised that, particularly in instances involving supervision or the assessment and endorsement of engineering systems, the Seller is unable to endorse projects featuring nonconformities with statutory, regulatory, or end-user requisites. Moreover, it is emphasized that any supplementary charges necessitated for the rectification of nonconformities are excluded from the initially quoted price.
These Sales Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.
By engaging with Seller for Services, Client acknowledges that they have read, understood, and agree to abide by these Sales Terms and Conditions.
