Terms & Conditions

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TERMS AND CONDITIONS

1. TERMS DEFINITION AND APPLICATION

1.1 THIS SET OF TERMS AND CONDITIONS IS INTENDED TO SERVE AS A CONTRACTUAL AGREEMENT BETWEEN:

BUILD IT COMPANY, OFFICIALLY REPRESENTED BY THE WEBSITE: WWW.BUILDITKWT.COM, AND DOING BUSINESS UNDER THE NAME BUILD IT COMPUTER HARDWARE SERVICES & RETAIL OF ELECTRONIC DEVICES (FORMALLY KNOWN AS "شريكة بِلد أي تي كمبيوتر هارد وير سيرفيسز للبيع بالتجزئة للاجهزة الالكترونة").
THE CONSUMER, WHO MAKES PURCHASES EITHER VIA THE WEBSITE: WWW.BUILDITKWT.COM OR AT PHYSICAL STORES UNDER THE NAME OF BUILD I.T COMPANY, HEREINAFTER REFERRED TO AS "THE CUSTOMER".

1.2 GENERAL TERMS OF SALE ("TERMS AND CONDITIONS"):

THESE SALES TERMS ("TERMS AND CONDITIONS") APPLY TO ALL OFFERS, TRANSACTIONS AND PURCHASES OF PRODUCTS (INCLUDING BUT NOT LIMITED TO, HARDWARE AND/OR SOFTWARE) ("PRODUCTS") OR SERVICES ("SERVICES") THAT ARE SOLD VIA THE WEBSITE WHERE THESE CONDITIONS ARE POSTED ("SITE") BY: (A) US, BUILD IT COMPANY (WITH "US", "WE" OR "OUR" INTERPRETED ACCORDINGLY) THE SELLER, TO (B) YOU, THE BUYER, THE CUSTOMER (WITH "YOU" OR "YOUR" INTERPRETED ACCORDINGLY).
ALL PURCHASES ARE CONCLUSIVE, CANNOT BE CANCELLED AND ARE NON-REFUNDABLE, EXCEPT AS OUTLINED IN THE RELEVANT RETURNS POLICY.
ALL ORDERS ARE TO BE FULFILLED WITHIN 3 BUSINESS DAYS ACROSS KUWAIT, UNLESS OTHERWISE MENTIONED IN SHIPPING POLICY.

2. TERMS OF USAGE

WELCOME TO OUR DIGITAL STORE! BUILD IT COMPUTER HARDWARE SERVICES & RETAIL OF ELECTRONIC DEVICES WILL OFFER THEIR SERVICES BASED ON THE FOLLOWING TERMS, WHICH THE CUSTOMER CONSENTS TO UPON CONFIRMATION ON THE OFFICIAL INVOICE OR AT CHECK OUT.
IF YOU BROWSE OR SHOP ON THE WEBSITE, YOU HAVE VOLUNTARILY ACCEPTED THESE TERMS OF CONDITIONS, IN THEIR ENTIRETY. PLEASE REVIEW THEM THOROUGHLY.

3. PRIVACY

PLEASE TAKE A LOOK AT OUR PRIVACY POLICY, WHICH ALSO APPLIES TO YOUR VISIT TO OUR WEBSITE, TO GRASP OUR OPERATIONS.

4. YOUR REPRESENTATIONS

YOU CONFIRM THAT THE INFORMATION YOU PROVIDE WHEN PLACING YOUR ORDER IS CURRENT, ACCURATE, AND IS SUFFICIENT FOR US TO PROCESS YOUR ORDER.
YOU ARE OBLIGATED TO MAINTAIN AND PROMPTLY UPDATE YOUR ACCOUNT INFORMATION WITH US FOR ACCURACY AND COMPLETENESS.
UNLESS OTHERWISE AGREED, OR REQUIRED BY KUWAITI LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS OR SERVICES ONLY APPLY TO YOU ON THE CONDITION THAT YOU ARE A CONSUMER AND NOT A RESELLER OF THE MENTIONED.
YOU SHOULD NOT ASSUME ANY WARRANTY, COMMITMENT OR ANY OTHER OBLIGATION BY YOU OR ON OUR BEHALF OF A PRODUCT MANUFACTURER, LICENSOR, SUPPLIER OR RESELLER WITHOUT OUR PRIOR WRITTEN PERMISSION.

5. DIGITAL COMMUNICATIONS

WHEN YOU VISIT THE BUILD IT COMPANY WEBSITE OR SEND US EMAILS, YOU ARE INTERACTING WITH US IN A DIGITAL MANNER.
YOU CONSENT TO RECEIVE RESPONSES FROM US ELECTRONICALLY.
WE WILL RESPOND TO YOU VIA EMAIL OR BY POSTING NOTIFICATIONS ON THIS SITE.
YOU ACKNOWLEDGE THAT ALL CONTRACTS, ALERTS, REVELATIONS AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY MEET ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

6. COPYRIGHT

ALL CONTENT DISPLAYED ON THIS SITE, INCLUDING TEXT, GRAPHICS, LOGOS, BUTTON ICONS, IMAGES, AUDIO CLIPS, DIGITAL DOWNLOADS, DATA COMPILATIONS, AND SOFTWARE, IS THE OWNERSHIP OF BUILD IT COMPANY OR ITS CONTENT PROVIDERS AND GUARDED BY INTERNATIONAL COPYRIGHT LAWS.
THE AGGREGATION OF ALL CONTENT ON THIS SITE IS THE EXCLUSIVE OWNERSHIP OF THE BUILD IT COMPANY, WITH COPYRIGHT AUTHORSHIP FOR THIS COLLECTION BY BUILD IT COMPANY, AND SHIELDED BY INTERNATIONAL COPYRIGHT LAWS.

8. TERMS OF USE

USING THE SERVICES OF WWW.BUILDITKW.COM IMPLIES YOUR ACCEPTANCE OF OUR PRIVACY POLICY AND YOUR AGREEMENT TO HOW WE COLLECT AND PROCESS YOUR DATA.
BUILD IT COMPANY HOLDS YOUR PRIVACY IN HIGH REGARD AND ADHERES TO ALL LAWFUL STANDARDS FOR DATA HANDLING.
WE ENSURE THE PRIVACY OF ALL USERS AND VISITORS OF OUR SITE AND CLEARLY STATE HOW WE USE YOUR PERSONAL DATA.
WE HOLD OUR CUSTOMER'S DATA IN HIGH ESTEEM AND DO NOT ENGAGE IN ITS SALE TO OTHER PARTIES.

9. RETURN AND EXHANGE POLICY

WE STAND BEHIND THE QUALITY OF OUR PRODUCTS, STRIVING FOR OUR CUSTOMER'S SATISFACTION. WE RECOGNIZE THAT THERE MAY BE INSTANCES WHERE A CUSTOMER MAY NEED TO EXCHANGE OR RETURN A PRODUCT. WITHIN 14 DAYS OF PURCHASE, WE WILL ACCEPT RETURNS OR EXCHANGES UNDER CERTAIN CONDITIONS.
THE PRODUCT MUST BE IN GOOD CONDITION AND ACCOMPANIED BY THE RECEIPT AND ORIGINAL PACKAGING. HOWEVER, ELECTRONIC DEVICES THAT HAVE BEEN OPENED OR INSTALLED CANNOT BE RETURNED OR EXCHANGED UNLESS THEY WERE DAMAGED AT THE POINT OF SALE.
WE RESERVE THE RIGHT TO REFUSE RETURNS ON ITEMS PURCHASED DURING SALES OR PROMOTIONS.
CASH REFUNDS WILL BE PROCESSED ON THE SAME DAY OF PURCHASE, WHILE BANK REFUNDS MAY TAKE 4-6 WEEKS, SUBJECT TO THE BANK'S POLICY.
PRODUCTS CAN ALSO BE EXCHANGED FOR COUPONS OF EQUIVALENT VALUE.
NOTE THAT GIFT CERTIFICATES, DIGITAL SERVICES, SOFTWARE, AND ALL SALES ARE FINAL AND NON-REFUNDABLE.
RETURNED ITEMS SHOULD BE IN ORIGINAL CONDITION TO BE RESOLD.
PLEASE REVIEW THE RETURN POLICY PAGE FOR GREATER DETAIL.

10. CUSTOM ORDER(S) CANCELLATION AND RETURNS

CUSTOM ORDERS REQUIRE FULL PAYMENT TO CONFIRM THE SALE.
CANCELLATIONS ARE ONLY ACCEPTED WITHIN THE FIRST 24 HOURS AFTER THE FINAL SALE INVOICE HAS BEEN ISSUED.
A FEE OF 25 KWD IS APPLIED FOR CANCELLATIONS MADE BETWEEN 24 AND 72 HOURS AFTER THE INVOICE.
BEYOND 96 HOURS, THE ORDER CANNOT BE CANCELLED OR REFUNDED.
ANY DAMAGES OR FAILURES AFTER DELIVERY ARE NOT THE RESPONSIBILITY OF BUILD IT COMPANY.
CUSTOM ORDERS, ELECTRONIC DEVICES, AND VIRTUAL PRODUCTS (E.G., ITUNES, PLAYSTATION DIGITAL CARDS) ARE NOT ELIGIBLE FOR RETURN OR REFUND ONCE THEIR SEALS ARE BROKEN.
IN CASE OF ANY FAULTY OR DAMAGED ITEM, OUR CUSTOMER SUPPORT TEAM MUST BE INFORMED WITHIN 2 HOURS OF RECEIPT.
TO MODIFY OR CANCEL YOUR ORDER, PLEASE EMAIL BUILDITKUWAIT@GMAIL.COM AT YOUR EARLIEST CONVENIENCE.
HOWEVER, ONCE AN ORDER HAS BEEN SUBMITTED IT CAN'T BE ALTERED OR CANCELLED.
"GALLERY" CATAGORY PRODUCT ITEMS ARE NOT FOR SALE.
IF AN ORDER IS PLACED FROM "GALLERY" CATAGORY PRODUCT ITEMS IT IS CONSIDERED AS A REQUEST FOR SUPPORT ONLY.
FOR OTHER PRODUCT INQUIRIES, PLEASE CONTACT OUR OFFICE: +96599909363.

11. TERMS OF PAYMENT

THE COST OF THE PRODUCTS OR SERVICES YOU ORDER WILL BE THE PRICE IN EFFECT AT THE TIME OF DISPATCH OR DELIVERY.
THE PRICE MAY BE STATED ON THE SITE OR AN ORDER ACKNOWLEDGEMENT, BUT THE FINAL AUTHORITY IS THE PRICE WE NOTIFY YOU AT THE TIME OF OUR ACCEPTANCE.
WE MAINTAIN THE RIGHT TO WITHDRAW ANY DISCOUNTS AND ADJUST PRICES TO REFLECT CHANGES IN MATERIAL, LABOR, TAXES, DUTIES, OR EXCHANGE RATES.
IF THERE ARE ANY ERRORS IN PRODUCT DESCRIPTIONS OR PRICING, WE WILL INFORM YOU PRIOR TO DISPATCH.
IF YOU DECIDE TO PROCEED, YOU ACKNOWLEDGE THAT THE PRODUCT OR SERVICE WILL BE PROVIDED ACCORDING TO THE REVISED DESCRIPTION OR CORRECTED PRICE.
DELIVERY IS LIMITED TO SPECIFIED "AREAS" IN KUWAIT UNLESS OTHERWISE NOTED IN OUR SHIPPING AND PAYMENT POLICY PAGE.
PRICES DO NOT INCLUDE SHIPPING COSTS, VAT, OR OTHER TAXES OR DUTIES. THESE COSTS, WHERE APPLICABLE, WILL BE ADDED TO THE TOTAL PRICE.
YOU AGREE TO PAY THESE COSTS AS SPECIFIED ON OUR SITE WHEN YOU PLACE YOUR ORDER.
PAYMENT IS REQUIRED PRIOR TO DELIVERY AND MUST BE MADE USING THE METHODS INDICATED ON OUR SITE. UNLESS OTHERWISE STATED, FULL PAYMENT IS REQUIRED, REGARDLESS OF ANY CLAIMS FOR SHORT DELIVERY OR DEFECTS. CREDIT OR DEBIT CARDS WILL BE CHARGED UPON PRODUCT DISPATCH OR SERVICE COMMENCEMENT.
WE MAY VERIFY CREDIT OR DEBIT CARD PAYMENTS BEFORE ACCEPTANCE.
NO DEDUCTIONS FOR COUNTERCLAIMS OR SET-OFFS CAN BE MADE WITHOUT OUR WRITTEN CONSENT.
WE RESERVE THE RIGHT TO PURSUE YOU FOR THE PRICE OF THE PRODUCTS AFTER PAYMENT HAS BECOME DUE, EVEN IF WE HAVE NOT YET TRANSFERRED THE PRODUCT'S OWNERSHIP TO YOU.
INTEREST WILL BE CHARGED ON LATE PAYMENTS, ACCRUING DAILY AT THE MAXIMUM RATE ALLOWED BY LAW UNTIL FULL PAYMENT IS RECEIVED.
YOU MUST COMPENSATE US FOR ANY EXPENSES INCURRED IN COLLECTING LATE PAYMENTS.
PLEASE REVIEW THE SHIPPING AND PAYMENT POLICY PAGE FOR GREATER DETAIL ON PAYMENT METHODS AND ITEMS.

12. ORDER TERMINATION

IN CASES WHERE YOU DECLARE BANKRUPTCY, ARRANGE A DEBT SETTLEMENT WITH CREDITORS, ARE SUBJECTED TO A COURT ORDER FOR LIQUIDATION, EXPERIENCE SIMILAR FINANCIAL DISTRESS, OR WE BELIEVE THAT YOU'RE UNABLE TO SETTLE YOUR DEBTS WHEN DUE; OR IF YOU MISS ANY PAYMENT DEADLINES OR VIOLATE ANY OF THESE TERMS, WE HOLD THE RIGHT, WITHOUT COMPROMISING OUR OTHER RIGHTS, TO TAKE THE FOLLOWING ACTIONS:

WE MAY HALT ANY PRODUCTS IN TRANSIT, SUSPEND FURTHER DELIVERIES,
STOP OR SUSPEND SERVICES,
AND WE MAY NOTIFY YOU IN WRITING TO TERMINATE YOUR ORDER ALONG WITH ANY OTHER CONTRACTS BETWEEN US.

13. WARRANTY

13.1 WARRANTY TERMS

THE WARRANTIES VARY BASED ON THE POLICIES SET BY THE CERTIFIED DISTRIBUTORS OF THE PRODUCT BOTH WITHIN AND OUTSIDE KUWAIT.
THE WARRANTY IS INVALID IF THE PRODUCT IS DAMAGED OR BROKEN DURING PURCHASE.
THE DURATION OF THE WARRANTY FOR EACH PRODUCT IS INDICATED ON THE RECEIPT. CHARGES WILL APPLY FOR REPAIRS AFTER THE WARRANTY PERIOD.
FOR ADDITIONAL INFORMATION, CONTACT OUR MAIN OFFICE OR EMAIL SUPPORT TEAM AT BUILDITKUWAIT@GMAIL.COM.
WE STRIVE TO PROVIDE THE BEST AFTER-SALES SERVICE, WHICH INCLUDES A WARRANTY FOR ALL CUSTOMERS.
AFTER-SALES SERVICE IS AVAILABLE FOR ALL ELECTRONIC ITEMS IN THE STORE.
THE WARRANTY CAN LAST UP TO 12 MONTHS FROM THE DATE OF PURCHASE, DEPENDING ON THE ITEM.
THE DURATION OF THE WARRANTY WILL BE NOTED ON THE INVOICE.

13.2 GENERAL WARRANTY PROCEEDURES
- BUILD IT COMPANY WARRANTY COVERS ONLY FACTORY FAULTS/DEFECTS AND DOES NOT COVER ANY ISSUES CAUSED DUE TO MISUSE.
- BUILD IT COMPANY WARRANTY DOES NOT COVER ANY DEVICE THAT IS EXPOSED TO NATURAL DISASTERS.
- THE DEVICE EXAMINATION PERIOD /RESPONSE TIME IN THE MAINTENANCE CENTER IS 72 HOURS.
- BUILD IT COMPANY RESERVES THE RIGHT TO REPAIR THE DEVICE (WITHOUT EXCHANGING THE DEVICE) AFTER THE COMPLETION OF 14 DAYS FROM THE DATE OF PURCHASE.
- IF THE DEVICE WAS REPAIRED OR EXCHANGED DURING THE WARRANTY PERIOD THE WARRANTY ON THE REPLACED DEVICE IS VALID UNTIL THE END OF THE ORIGINAL DEVICE WARRANTY PERIOD.
- THE WARRANTY ON THE REPAIRED/EXCHANGED DEVICE CANNOT BE EXTENDED OR TRANSFERRED FROM OLD DEVICE.
- BUILD IT COMPANY IS NOT RESPONSIBLE FOR THE LOSS OF PASSCODES AND CUSTOMER’S PRIVATE DATA.
- BUILD IT COMPANY HAS THE RIGHT TO TAKE UP TO 180 DAYS, TO REPLACE, REPAIR, OR CONTACT SUPPLIER FOR SUPPORT IF WARRANTY CASE(S) BELOW ARE MET:
THE WARRANTY WILL BE VOID IF THE DEVICE HAS SCRATCHES, DENTS, CRACK, EXPOSED TO LIQUIDS, OR ANY DAMAGE CAUSED DUE TO SHOCK. o WARRANTY VOIDS IF THE DEVICE IS TAMPERED WITH, OPENED OR MODIFIED BY OTHER SERVICE CENTERS, OTHER THAN BUILD IT COMPANY. o WARRANTY DOES NOT COVER IF UNSUPPORTED/INCOMPATIBLE SOFTWARE IS INSTALLED ON THE DEVICE. o ALL PRODUCT SPECIFICATIONS, ILLUSTRATIONS, DRAWINGS, PARTICULARS, DIMENSIONS, PERFORMANCE DATA AND OTHER INFORMATION ON THE SITE OR MADE AVAILABLE BY US ARE INTENDED TO REPRESENT NO MORE THAN A GENERAL ILLUSTRATION OF THE PRODUCTS AND DO NOT CONSTITUTE A WARRANTY OR REPRESENTATION BY US THAT THE PRODUCTS WILL CONFORM WITH THE SAME. YOU MUST REFER TO THE MANUFACTURER'S SPECIFICATIONS OR WARRANTY DOCUMENTATION TO DETERMINE YOUR RIGHTS AND REMEDIES IN THIS REGARD. o YOU WILL HAVE THE BENEFIT OF THE MANUFACTURER'S, LICENSOR'S OR SUPPLIER'S WARRANTY WITH THE PRODUCTS SUPPLIED AND SHOULD REFER TO THE RELEVANT DOCUMENTATION SUPPLIED WITH THE PRODUCT IN THIS REGARD. (IF APPLICABLE, A RETURNS POLICY MAY ALSO SET OUT PROCEDURES APPLICABLE TO REPAIRS OR REPLACEMENT OF DEFECTIVE PRODUCTS DELIVERED.) o YOUR RIGHTS OF REPAIR OR REPLACEMENT OF ANY PRODUCTS OR ANY PART OR PARTS THEREOF WHICH ARE FOUND TO BE DEFECTIVE WILL (EXCEPT WERE AGREED OTHERWISE) BE NEGATED OR RENDERED VOID WHERE: o PRODUCTS HAVE BEEN REPAIRED OR ALTERED BY PERSONS OTHER THAN THE MANUFACTURER, US OR ANY AUTHORISED DEALER; AND/OR o DEFECTIVE PRODUCT OR PRODUCTS HAVE NOT BEEN RETURNED TOGETHER WITH FULL DETAILS IN WRITING OF THE ALLEGED DEFECTS WITHIN 30 DAYS FROM THE DATE ON WHICH SUCH PRODUCTS WERE DELIVERED; AND/OR o DEFECTS ARE DUE (WHOLLY OR PARTIALLY) TO MISTREATMENT, IMPROPER USE OR STORAGE OR MAINTENANCE OR INSTALLATION, OR FAILURE TO OBSERVE ANY MANUFACTURERS' INSTRUCTIONS OR OTHER DIRECTIONS ISSUED OR MADE AVAILABLE BY US IN CONNECTION WITH THE DELIVERED PRODUCTS. o WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.

14. ERRORS AND INACCURACIES

WE STRIVE TO ENSURE THAT OUR WEBSITE IS ACCURATE, COMPLETE, AND CURRENT. HOWEVER, SOMETIMES HUMAN OR TECHNICAL ERRORS MAY OCCUR, WHICH CAN RESULT IN TYPOGRAPHICAL MISTAKES, INACCURACIES, OR OMISSIONS. THESE ERRORS MAY AFFECT PRICING, AVAILABILITY, AND PRODUCT INFORMATION. WE MAINTAIN THE RIGHT TO RECTIFY ANY ERRORS, INACCURACIES, OR OMISSIONS EVEN AFTER AN ORDER HAS BEEN PLACED. WE ALSO HAVE THE AUTHORITY TO CHANGE OR UPDATE INFORMATION WITHOUT PROVIDING PRIOR NOTICE AT ANY TIME.

15. DELIVERY, SHIPPING AND, RISK

DELIVERY IS FREE OF CHARGE AS DETAILED IN THE SHIPPING AND PAYMENT POLICY PAGE.
DELIVERY SHALL BE TO A VALID ADDRESS WITHIN THE AREA SUBMITTED BY YOU AND SUBJECT TO ACCEPTANCE ("DELIVERY ADDRESS"). YOU MUST CHECK THE DELIVERY ADDRESS ON ANY ACKNOWLEDGEMENT OR ACCEPTANCE WE PROVIDE AND NOTIFY US WITHOUT DELAY OF ERRORS OR OMISSIONS. WE RESERVE THE RIGHT TO CHARGE YOU FOR ANY EXTRA COSTS ARISING FROM CHANGES YOU MAKE TO THE DELIVERY ADDRESS AFTER YOU SUBMIT AN ORDER.
IF YOU REFUSE OR FAIL TO TAKE DELIVERY OF PRODUCTS PROVIDED IN ACCORDANCE WITH THESE TERMS, ANY RISK OF LOSS OR DAMAGE TO THE PRODUCTS SHALL NONETHELESS PASS AND WITHOUT PREJUDICE TO ANY OTHER RIGHTS OR REMEDIES WE HAVE.
WE SHALL BE ENTITLED TO IMMEDIATE PAYMENT IN FULL FOR THE PRODUCTS OR SERVICES DELIVERED AND EITHER TO EFFECT DELIVERY BY WHATEVER MEANS WE CONSIDER APPROPRIATE OR TO STORE PRODUCTS AT YOUR RISK.

YOU SHALL BE LIABLE PAY ON DEMAND ALL COSTS OF PRODUCT STORAGE AND ANY ADDITIONAL COSTS INCURRED AS A RESULT OF SUCH REFUSAL OR FAILURE TO TAKE DELIVERY.

WE SHALL BE ENTITLED 30 DAYS AFTER THE AGREED DATE FOR DELIVERY TO DISPOSE OF PRODUCTS IN SUCH MANNER AS WE DETERMINE.

DELIVERY TIMESCALES/DATES SPECIFIED ON THE SITE, IN ANY ORDER ACKNOWLEDGEMENT, ACCEPTANCE OR ELSEWHERE ARE ESTIMATES ONLY. WHILE WE ENDEAVOUR TO MEET SUCH TIMESCALES OR DATES, WE DO NOT UNDERTAKE TO DISPATCH PRODUCTS AND/OR COMMENCE SERVICES BY A PARTICULAR DATE OR DATES AND SHALL NOT BE LIABLE TO YOU IN RESPECT OF DELAYS OR FAILURE TO DO SO.

16. REJECTION, DAMAGE OR LOSS IN TRANSIT

UNLESS OTHERWISE STATED IN OUR RETURNS POLICY OR IN THESE TERMS AND CONSIDERING ANY RIGHTS YOU HAVE UNDER THE LAW THAT CANNOT BE LIMITED OR EXCLUDED:

OUR LIABILITY DOES NOT COVER, AND YOU CANNOT REFUSE PRODUCTS OR SERVICES, EXCEPT FOR:
- DAMAGE TO OR LOSS OF PRODUCTS DURING TRANSIT (WHEN THE PRODUCTS ARE TRANSPORTED BY OUR OWN VEHICLES OR BY A CARRIER ACTING ON OUR BEHALF), PROVIDED YOU NOTIFY US WITHIN 5 WORKING DAYS OF RECEIVING THE PRODUCTS;
- DEFECTS IN PRODUCTS (EXCEPT DEFECTS CAUSED BY YOUR OWN ACTIONS, NEGLECT, OR MISUSE) WHICH ARE REPORTED IN WRITING TO US WITHIN 30 DAYS OF RECEIPT OF THE PRODUCTS.
- FAULTY EXECUTION OF SERVICES (EXCLUDING FAULTS CAUSED BY YOUR ACTIONS, NEGLECT, OR MISUSE) WHICH ARE REPORTED IN WRITING TO US WITHIN 5 DAYS OF DISCOVERING SUCH A FAULT.
WE WILL NOT BE RESPONSIBLE FOR DAMAGE OR LOSSES RESULTING FROM IMPROPER INSTALLATION OF THE PRODUCTS, USE OF THE PRODUCTS IN COMBINATION WITH OTHER DEFECTIVE, UNSUITABLE, OR IMPROPERLY INSTALLED EQUIPMENT, YOUR NEGLIGENCE, MISUSE, OR USE IN A WAY THAT CONTRADICTS THE MANUFACTURER'S SPECIFICATIONS OR GUIDELINES.
WHERE THESE IS A SHORTAGE OR FAILURE TO DELIVER, OR ANY DEFECT IN OR DAMAGE TO A PRODUCT OR SERVICE, WE MAY AT OUR OPTION:

(A) (IN THE CASE OF PRODUCT SHORTAGE OR NON-DELIVERY) MAKE GOOD ANY SUCH SHORTAGE OR NON-DELIVERY AND/OR
(B) IN THE CASE OF FAILURE TO PERFORM OR DEFECTIVE PERFORMANCE OF A SERVICE, MAKE GOOD SUCH FAILURE OR DEFECTIVE PERFORMANCE; AND/OR
(C) IN THE CASE OF DAMAGE OR ANY DEFECT(S) IN THE PRODUCT AND IN ACCORDANCE WITH ANY APPLICABLE RETURNS POLICY:

17. SOFTWARE

WHEN A PROVIDED PRODUCT INCLUDES OR IS SOFTWARE ("SOFTWARE"), THIS SOFTWARE IS LICENSED EITHER BY US OR THE RESPECTIVE LICENSOR/OWNER, BASED ON THE END-USER LICENSE AGREEMENT OR OTHER LICENSE TERMS INCORPORATED WITH THE SOFTWARE ("LICENSE TERMS") AND/OR THE PRODUCT. FURTHERMORE:
YOU MAY NOT REPLICATE, ADAPT, TRANSLATE, DISTRIBUTE, VARY, MODIFY, DISASSEMBLE, DECOMPILE, REVERSE ENGINEER, OR MERGE THE SOFTWARE WITH ANY OTHER SOFTWARE, UNLESS (I) THIS IS ALLOWED UNDER THE LICENSE TERMS, OR (II) THE LAW EXPLICITLY GRANTS SUCH A RIGHT THAT CANNOT BE LEGALLY EXCLUDED BY AN AGREEMENT.
UNLESS IT'S STATED IN THE LICENSE TERMS, YOUR RIGHTS TO RETURN AND/OR TO GET A REFUND UNDER THESE CONDITIONS AND ANY APPLICABLE RETURNS POLICY DO NOT APPLY IF YOU UNSEAL THE SOFTWARE SHRINK-WRAP AND/OR BREAK THE LICENSE SEAL AND/OR USE THE SOFTWARE.
EXCEPT FOR WHAT IS EXPRESSLY PROVIDED BY US IN WRITING OR UNDER RELEVANT LICENSE TERMS, SOFTWARE IS SUPPLIED 'AS IS' WITH NO WARRANTIES OR CONDITIONS REGARDING ITS QUALITY, SUITABILITY FOR USE, PERFORMANCE, OR ALIGNMENT WITH ITS DESCRIPTION. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING SOFTWARE INSTALLATION, CONFIGURATION, OR ERROR/DEFECT CORRECTION. WE RECOMMEND REFERRING TO ANY LICENSE TERMS TO ASCERTAIN YOUR RIGHTS AGAINST A MANUFACTURER, LICENSOR, OR SUPPLIER OF THE SOFTWARE.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, WHETHER OR NOT WE WERE AWARE OR ADVISED OF POTENTIAL DAMAGES, AND EVEN IF THE LIMITED REMEDIES HERE FAIL IN THEIR FUNDAMENTAL PURPOSE (1) OUR TOTAL LIABILITY (WHETHER FOR CONTRACT BREACH, TORT, OR ANY OTHER LEGAL THEORY) SHALL NEVER EXCEED THE COST OF THE PRODUCTS YOU ORDERED THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES, AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.

19. THIRD PARTY RIGHTS

YOU AGREE TO PROTECT US FROM ANY AND ALL LIABILITIES, CLAIMS, AND COSTS INCURRED BY OR MADE AGAINST US AS A DIRECT OR INDIRECT RESULT OF US PERFORMING SERVICES OR WORKING ON OR TO THE PRODUCTS WHERE THIS HAS BEEN DONE BASED ON YOUR (OR YOUR REPRESENTATIVE'S) SPECIFIC REQUIREMENTS OR SPECIFICATIONS, CAUSING AN INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT WHERE EXPRESSLY STATED IN ANY LICENSE TERMS OR ELSEWHERE, WE SHALL HAVE NO LIABILITY TO YOU IF THE PRODUCTS OR SERVICES INFRINGE OR ARE ALLEGED TO INFRINGE THE PROPRIETARY RIGHTS OF ANY THIRD PARTY. IF THE PRODUCTS COULD BE SUBJECT TO PATENT, COPYRIGHT, DATABASE RIGHT, REGISTERED DESIGN, TRADEMARK, OR OTHER RIGHTS OF ANY THIRD PARTY, YOU SHOULD REFER TO THE RELEVANT TERMS OF THE PRODUCT MANUFACTURER AND/OR LICENSOR/OWNER. WE ARE ONLY OBLIGATED TO TRANSFER TO YOU SUCH RIGHT OR TITLE AS WE POSSESS.

20. GENERAL

YOU ARE NOT PERMITTED TO ASSIGN, TRANSFER, CHARGE, OR ATTEMPT TO ASSIGN, TRANSFER, CHARGE, OR MAKE OVER YOUR RIGHTS UNDER THESE TERMS.
WE WILL NOT BE HELD ACCOUNTABLE FOR ANY LOSS OR DAMAGE THAT MAY OCCUR DIRECTLY OR INDIRECTLY AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL, PREVENTING, HINDERING, OR DELAYING US FROM PERFORMING. THESE CIRCUMSTANCES MAY INCLUDE NATURAL DISASTERS, WAR, RIOTS, GOVERNMENT ACTION, EXPLOSIONS, FIRE, FLOOD, ACCIDENTS, STRIKES, LOCK-OUTS, LABOR DISPUTES, MACHINERY BREAKDOWN, POWER OR MATERIALS SUPPLY INTERRUPTIONS, ETC. UNDER SUCH CIRCUMSTANCES, WE RESERVE THE RIGHT TO CANCEL YOUR ORDER AND REFUND ANY PAYMENTS MADE.
THESE TERMS TAKE PRECEDENCE OVER ALL PREVIOUS CONTRACTS, AGREEMENTS, AND ARRANGEMENTS, WHETHER VERBAL OR WRITTEN, EXPLICIT OR IMPLIED, BETWEEN US. THEY SUPERSEDE ANY OTHER TERMS OR CONDITIONS MENTIONED ELSEWHERE OR IMPLIED BY TRADE PRACTICES, CUSTOMS, OR COURSE OF DEALING. ANY CONTRARY TERMS OR CONDITIONS ARE HEREBY EXCLUDED TO THE GREATEST EXTENT LEGALLY PERMISSIBLE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS, PROVIDING PRIOR WRITTEN NOTICE TO YOU, EFFECTIVE FOR FUTURE INTERACTIONS - SUBJECT TO YOUR RIGHT TO REJECT ANY SUCH MODIFICATIONS THROUGH WRITTEN NOTICE CONCERNING ORDERS THAT HAVE BEEN ACCEPTED BUT NOT YET FULFILLED.
NEITHER PARTY'S ACT OF RELAXATION, FORBEARANCE, DELAY, OR INDULGENCE IN ENFORCING ANY OF THESE TERMS, OR GRANTING OF TIME BY EITHER PARTY TO THE OTHER, WILL AFFECT OR LIMIT SUCH RIGHTS AND POWERS.
ANY WAIVER OF ANY TERM OR CONDITION OF THESE TERMS MUST BE IN WRITING AND SIGNED BY US. THE WAIVER OF ANY BREACH OF ANY TERM SHOULD NOT BE CONSTRUED AS A WAIVER OF ANY SUBSEQUENT BREACH OR CONDITION.
IF FOR ANY REASON WE DETERMINE, OR A COMPETENT COURT DECIDES, THAT ANY PROVISION OR PART OF THESE TERMS IS ILLEGAL, UNENFORCEABLE, OR INVALID UNDER APPLICABLE LAW WITHIN A SPECIFIC JURISDICTION:
THESE TERMS WILL REMAIN UNAFFECTED IN OTHER JURISDICTIONS WHERE SUCH A DETERMINATION OR FINDING HAS NO APPLICABILITY.
IN THE RELEVANT JURISDICTION, THE REMAINDER OF THESE TERMS WILL CONTINUE TO OPERATE TO THE FULLEST EXTENT PERMITTED BY LAW.

21. GOVERNING LAW

THESE TERMS AND CONDITIONS ARE TO BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE STATE OF KUWAIT. IN THE EVENT OF ANY LEGAL DISPUTE, THE JURISDICTION WILL FALL UNDER THE COURTS OF KUWAIT.
THE LANGUAGE USED FOR ANY DISPUTE RESOLUTION PROCESS OR LEGAL PROCEEDINGS WILL BE ARABIC.