General Conditions

These conditions apply to all the work with regard to cleaning material and equipment and repairing material and equipment assigned to EGYTRANS DEPOT SOLUTIONS CO S.A.E. By placing an order with our workshop, the client automatically agrees to all the conditions and provisions below. Any conditions in the client’s order or the general conditions upheld by him/her which contravene them, will be considered not to exist and will therefore not have any result unless accepted in writing by EGYTRANS DEPOT SOLUTIONS CO S.A.E.

Article 1.

On giving the order, the client shall give EGYTRANS DEPOT SOLUTIONS CO S.A.E. all the data which EGYTRANS DEPOT SOLUTIONS CO S.A.E. shall require, acting reasonably, to carry out the order correctly.

Article 2.

In as far as the order is related to cleaning work, the client, in addition to that determined in art. 1. above, is obliged to inform EGYTRANS DEPOT SOLUTIONS CO S.A.E.:

a.           what the content of the last load transported;

b.           whether there remains any part of the load in the tank; and if so how much, whereby the amount of

load remaining will be determined in consultation with the cleaning personnel, unless another

arrangement has been agreed upon with the client in writing;

c.          the method of cleaning desired by the client as instructed by the client from time to time;

  1. any other instructions from the client with regard to the cleaning work;
  2. all costs for handling, processing , recovery or waste treatment of remains of products will be for customer’s expense. EGYTRANS DEPOT SOLUTIONS CO S.A.E.: will not be held liable for the quality of the product remains.

 

Article 3.

The client is obliged, in as far as the work assigned to GLOBAL DEPOT SOLUTIONS CO S.A.E. is cleaning work, to fill out and sign a form, provided by GLOBAL DEPOT SOLUTIONS CO S.A.E on which all the information with regard to the cleaning work (and any specific data) is stated as requested in such form.

Article 4.

EGYTRANS DEPOT SOLUTIONS CO S.A.E. shall work with the information supplied and shall be obliged to check the accuracy and completeness of that information and request additional information if so reasonably required.

Article 5.

With regard to EGYTRANS DEPOT SOLUTIONS CO S.A.E., the client is liable for all damage and costs which result from the fact that the information supplied by the Client were false and/or incorrect.

Article 6.

If the cleaned object is refused by the client due to insufficient cleaning and/or EGYTRANS DEPOT SOLUTIONS CO S.A.E. has not taken enough care in such cleaning as per the market norm or the agreement of the parties, EGYTRANS DEPOT SOLUTIONS CO S.A.E.’s responsibility does not extend further than offering to clean the object again to meet the agreement of the parties or the market norm (whichever is higher). Every inspection carried out by the client should occur on location at EGYTRANS DEPOT SOLUTIONS CO S.A.E. If EGYTRANS DEPOT SOLUTIONS CO S.A.E. shows, that in view of the circumstances of the case, the damage has resulted directly from the negligence of the Client with regard to supplying information, it will be assumed that EGYTRANS DEPOT SOLUTIONS CO S.A.E. and its subordinates have taken reasonable care.

Article 7.

When the cleaning work is finished, the client will sign for receipt of the cleaned object and the equipment. In addition, the client is obliged to check the cleaned objects before signing and thus declares that the work has been carried out in accordance with the order, unless for hidden defects. If the damage as meant in article 6. cannot be perceived from the outside and the client, before leaving the EGYTRANS DEPOT SOLUTIONS CO S.A.E. location, does not make a written reservation in which the general nature of the damage is indicated, the cleaning work will be assumed to have been carried out in accordance with the order given and it will also be assumed that the material and personnel of the client have not incurred any damage as a result of the cleaning work. In the absence of a reservation from the client with regard to the state of cleaning, it will be assumed that the client accepts the cleaned object and equipment as having been well cleaned and in a good state.

Article 8.

Any client who does not fulfil any obligation imposed by the law/these conditions, will hold harmless EGYTRANS DEPOT SOLUTIONS CO S.A.E. – without prejudice to that determined elsewhere in these conditions – from all damage incurred by the client with regard to the cleaning work.

Article 9.

Payment should be made to EGYTRANS DEPOT SOLUTIONS CO S.A.E. within 14 days of the invoice date unless agreed otherwise. If the client does not pay within the term agreed, he is assumed to be legally in default and EGYTRANS DEPOT SOLUTIONS CO S.A.E. has the right, without any notice of default, to charge him the an interest rate of 0.5% per  month on undisputed amounts due from the due date until payment thereof.

Article 10.

Any offer is based on the execution of the agreement between EGYTRANS DEPOT SOLUTIONS CO S.A.E. and the client.

Any quote can be changed after prior ten day notice in case of a change in the costs of materials and labour, provided that the order and/or agreement has not been signed between the parties.

 

Article 11.

The collection of the repaired material from the workshop or location by the client or his  representative implies the acceptance of the work carried out, unless reservations are made by the client in writing. The written acceptance of the work releases EGYTRANS DEPOT SOLUTIONS CO S.A.E. of all responsibility with the exception of hidden defects and other written reservations made by the client. Any complaint should be made in writing when the material is taken out of/from our workshop/location.

Article 12.

The delivery terms shall be a fixed date and any delay thereon shall cause a deduction in due amounts of a percentage of 1% per week and not to exceed 10% of the value of the order.

Article 13.

In case of faulty repair, the client will only be reimbursed the cost price of the repair or replacement of the defect parts. In no case will he be entitled to any compensation other than the above-mentioned. Absolutely no complaints about faulty repair which was not visible at the time the material was collected from our workshop/terrain will be accepted after said collection unless if a written reservation has been made by the client or the fault is a hidden defect.

Article 14.

Fires, floods, epidemics, interruptions or delay of transport and/or the power supply entire disconnection of the machines due to strikes and lock outs can be considered cases of force majeure which relieve EGYTRANS DEPOT SOLUTIONS S.A.E of our obligations if it is evidenced that such events has made it impossible for EGYTRANS DEPOT SOLUTIONS S.A.E to undertake its obligations hereunder for a period of twenty days after the due date of the works and the client has been informed in writing by EGYTRANS DEPOT SOLUTIONS S.A.E of the force majeure event within two days of its occurrence. In case the force majeure makes communication impossible, EDS will inform clients within two days after means of communication are restored.

 

Article 15.

EGYTRANS DEPOT SOLUTIONS CO S.A.E. does not accept responsibility for damage and/or loss of the material occurring from the moment the material in question was received by our workshop until it was delivered to the client except if such a damage or loss is a result of the actions and/or omissions of EGYTRANS DEPOT SOLUTIONS S.A.E, its personnel,. Employees, agents, workers, consultants and/or representatives.

Article 16.

When performing services for cleaning, maintenance or repair of Containers or storage of empty Containers and any services connected therewith, the EGYTRANS DEPOT SOLUTIONS CO S.A.E. shall not be liable for any improper performance or non performance of such services, or any consequences whatsoever arising therefrom, except to the extent provided in this clause.

The EGYTRANS DEPOT SOLUTIONS CO S.A.E. liability shall not exceed the reasonable cost of rectifying the services improperly or not performed by the Company, subject to a limit as per [articles 7 and 16]

At the EGYTRANS DEPOT SOLUTIONS CO S.A.E. sole option, the company may rectify at its own expense the services improperly or not performed.  If the Company exercises this option, or is not given an opportunity by the Customer to exercise this option, the Company shall not be liable for any costs incurred by the Customer or any other person in rectifying such services.

The Customer undertakes to inspect the Container on redelivery to the Customer or such other person as is required.  The EGYTRANS DEPOT SOLUTIONS CO S.A.E. shall not be liable and the Customer shall defend, indemnify and hold harmless GLOBAL DEPOT SOLUTIONS CO S.A.E.against any loss, damage, liability, cost and expense in respect of or arising from an improper or non performance of GLOBAL DEPOT SOLUTIONS CO S.A.E.services which would have been apparent upon reasonable inspection of the Container at the time of redelivery and was not brought to the Company’s attention in writing at the time of redelivery.  This indemnity is in addition to the provisions in articles 6 and 14.

 

Article 17.

Payments should occur at EGYTRANS DEPOT SOLUTIONS CO S.A.E.’s office in Alexandria without discount in USD currency or its equivalent in EGP unless agreements to the contrary are made by the parties in writing.

 

Article 18.

EGYTRANS DEPOT SOLUTIONS CO S.A.E. shall have no right of lien or any other right whatsoever on the material of the client in the possession of EGYTRANS DEPOT SOLUTIONS S.A.E and the latter shall be obliged to return same to the client immediately upon receipt of a written request from the client requesting such return.

Article 19.

EGYTRANS DEPOT SOLUTIONS CO S.A.E. may not assign and of its rights and/or obligations under this general term sheets or sub-contract others in relation to same without the express written approval of the client.

Article 20.

Relating to the orders or agreements governed by such general conditions, unless otherwise agreed to, shall be subject to and interpreted in accordance with the Egyptian applicable laws and regulations. Any dispute regarding same shall be settled before the Alexandria courts.