- Unless and otherwise mentioned, “Client,” means the addressee in the quotation or recipient of the quotation who has acted on behalf of the addressee. The recipient may be an individual, an entity registered under the relevant laws and regulations applicable for the entity, or their agents, representatives,assigns, successors, legal heirs or anyone notified as an authorized person in a power of attorney or any government document related to such entity/individual.
- The “Company”refers to “MSME Rentals,” a brand operating under “Cabins & Shades FZC.” Cabins & Shades FZC is an entityregistered in and under the laws of Sharjah Airport Free Zone, also known andreferred to as “Cabins & Shades.” All LPO’s, proforma invoices, tax invoices, cheques, deeds and other relevant documentation shall be issued in the name of “Cabins & Shades FZC” only.
- The “Cabin”refers to the portable and prefabricated cabin as expressly defined in the quotation with exclusions as applicable. The cabin thus provided is intended for temporary office or accommodation purposes. “Cabin” shall also mean modular buildings and containers converted in to modular cabins as the requirement may be. The Cabin shall be used only for purposes and activities permitted under the federal and local laws of the United Arab Emirates. The Client is required to provide an undertaking at the time of delivery confirming the intended purpose of the cabin.[a1]
- 1 Calendarmonth means 30 days including weekly holidays and any public holidays withinthat month.
- SecurityDeposit means an unconditional and irrevocable guarantee, issued in the form ofa bank guarantee or an undated cheque issued by a reputed UAE local bank infavor of “Cabins & Shades FZC”
GENERAL TERMS & CONDITIONS
- This Terms & Conditions cannot be waived or revoked in whole or in parts by the Client. The Client shall be deemed to have gone through and understood the provisions herein. Unless otherwise agreed in writing, all goods and services are rented to the Client upon the following terms and conditions.
- This proposal is valid for 10 days from the above noted date or till stock lasts which ever is earlier, after which Cabins & Shades reserves the rights to re-tender. Such re-tendering shall reflect the variation in costs which includes but not limited to material costs, manpower costs, resources’cost and any other applicable costs.
- Cabins & Shades’ prices stated in the quotation are based on the availability of cabins and rental period desired by Client.
- A rental period for which the cabin is required by the client shall be expressly mentioned in the quotation. Rental period starts from the date of delivery of the cabin and continues until the cabin is returned in good condition and working order. If the return date of the cabin exceeds the agreed rental period, Client shall pay pro rata rental charges in excess to the rent already paid or due to be paid. Change in rental period desired by Client will also attract a change in rate of rent against based on which any excess shall be payable by the client. Unless mentioned otherwise in the quotation, there shall be a minimum rental period of 30 days for which the rent needs to be paid even if the cabin is returned before completion of 30 days.
- A joint inspection shall be done by the Client and Cabins & Shades prior to delivering the cabins based on which a check-list will be signed off by both parties noting the satisfaction of parties. A similar joint inspection will be conducted on return of the cabins to judge the condition of and functionality of cabins, noting the statuses on a checklist, based on which the Client may have to pay rectification costs or will be given a “Cabin retuned in good condition” certificate, without any further liability on the client. The Clients are requested to ensure that they collect this certificate mandatorily to avoid future disputes.
- The Client is required to provide a security deposit in favour of the Company which shall be retained with the company till the date on which the cabin is returned and the Client obtains “Cabin returned in good condition” certificate. On obtaining such certificate, the security deposit shall be returned to the Client.
- Power supply, concrete foundation as required, unfettered site access, entry passes/permits/NOCs etc, shall be the responsibility of the Client. All civil works required for the cabin must be completed by the Client before delivery/off-loading of cabin.
- Cabins & Shades’ may wholly or partly terminate any rental of cabins hereunder or any contractual obligation if the Client makes any assignment or trust for the benefit of creditors, becomes insolvent or otherwise is unable to pay its debts as they become due, or if proceedings are commenced by or against Client alleging bankruptcy, or insolvency, or involving the appointment of a receiver. Upon termination, Cabins & Shades shall have the right to regain possession of the cabins, with associated costs levied from the Client.
- The Client shall incur storage charges if the Client does not take possession of the materials within 3 days of commencement of rental period. The storage charges shall be calculated at AED 750 per day and shall be paid in excess by the Client over and additional to the agreed rental charges.
- Ownership and Title to the Goods shall remain vested with Cabins & Shades’ under all circumstances including within the rental period and beyond. The client has only the right to use the cabins for purposes agreed and under the terms & conditions stated herein. Cabins & Shades reserves the right to regain the possession of Cabin in the event any of these terms & conditions are breached by the Client or if the Client has failed to pay any of the sums due to Cabins & Shades. The Client is not authorized to hand-over the possession of the cabin to any third party by means including but not limited to lease, sub-renting or sale.
- Maintenance of cabins as and when required shall be under an annual maintenance agreement effected by the parties. If no such agreement is in existence, Cabins & Shades shall provide maintenance on each instance of request by the Client and will charge for the same, The Client is not allowed to engage any third party other than Cabins & Shades for any rectification, maintenance or relocation of the cabin. Any such engagement of a third party shall be a breach of this agreement and Cabins & Shades reserves the right for punitive damages for the same.
- Any deviations from the above mentioned terms and conditions must be specifically stated in the purchase order/contract issued to Cabins & Shades’. Purchase orders/Contracts based on this quotation are otherwise assumed to be adhered to the general terms and conditions stated above.
- This transaction is governed by & construed according to the laws time being in force in the Emirate of Dubai and the Federal Laws of the United Arab Emirates. In the event of a dispute or claim by either regarding products or services provides, the parties shall try to resolve the matter amicably by dialogue within 15 days from notification by either party. If it remains unresolved, either party may commence litigation procedures in accordance with the provisions under UAE Law.