Our Terms and Conditions
These are the standard terms under which PAMIR ALPHA TECHNOLOGIES provides equipment ("Hardware") and outside programming ("Software") ("Products") and administrations ("Services") to the client ("Customer") at the Site at the costs and additional permit expenses ("Charges") as further determined in these agreements and related Schedule.
Please carefully read the following terms and conditions.
1. Acceptance of the Request
1.1 Unless explicitly agreed to in writing by PAMIR ALPHA TECHNOLOGIES, these agreements will apply to any orders from the Customer for Products or Services, and will supersede any other agreements alluded to, offered, or relied on by the Customer.
Explicit agreements of PAMIR ALPHA TECHNOLOGIES relating to Products or Services will prevail over these conditions in the event of a dispute, as will the Software to the terms of its outsider permit arrangement. Subject to this, no variation to these terms will be binding unless approved by a PAMIR ALPHA TECHNOLOGIES overseer.
1.2 Any request made by the Customer to PAMIR ALPHA TECHNOLOGIES constitutes a proposal to PAMIR ALPHA TECHNOLOGIES subject to these agreements and is subject to acknowledgement by PAMIR ALPHA TECHNOLOGIES at the above address.
2. Transportation and the Risk of Loss
2.1 Each delivery of Products under this Agreement will be considered to contain a substitute consent to which these courses of action will apply; however, genuine disappointment or defect in any development will not qualify the Customer for rejecting the Agreement or dropping any subsequent transports.
2.2 PAMIR ALPHA TECHNOLOGIES will customize development for the date advised to the Customer for delivery, however transport may be delayed due to circumstances beyond PAMIR ALPHA TECHNOLOGIES reasonable control, and PAMIR ALPHA TECHNOLOGIES will not be liable for any damages as a result of development delay.
2.3 The Customer will make the location in Afghanistan where the Products are to be delivered (“the Site”) available for inspection by PAMIR ALPHA TECHNOLOGIES staff at a mutually agreed-upon time 30 days before the scheduled development date, if required by PAMIR ALPHA TECHNOLOGIES.
2.4 Delivery will be made to the Site during generally normal business hours, unless otherwise agreed upon with the Customer.
2.5 If the Customer fails to take development of Products, development will be considered to have occurred for the reasons that PAMIR ALPHA TECHNOLOGIES benefits to piece, and PAMIR ALPHA TECHNOLOGIES will be prepared to store Products at the Customer’s risk and cost, including all transportation charges.
2.6 Risk will be transferred to the customer at the time of development.
As a result, responsibility for protecting the Products passes to the Customer from the time of transport. When all invoiced charges owed to PAMIR ALPHA TECHNOLOGIES have been paid in full, title to the hardware may pass to the customer. PAMIR ALPHA TECHNOLOGIES programming isn’t sold anymore because it’s reliant on its licensor’s plans of usage, with which the Customer must agree and comply.
2.7 The Customer shall inform PAMIR ALPHA TECHNOLOGIES of any problems or damage to the Products within 7 days of delivery.
3.1 In the event that PAMIR ALPHA TECHNOLOGIES repudiates any promise in this agreement, the Customer will be solely responsible for installation and preparation excluded from the Charges and not coordinated by the Customer.
3.3 Acceptance will occur at the Site when PAMIR ALPHA TECHNOLOGIES proves that the appropriate test methods, diagnostic and/or verification programs function effectively. If PAMIR ALPHA TECHNOLOGIES presentation of the test process and/or programs at the Site is delayed for more than 7 working days for reasons other than PAMIR ALPHA TECHNOLOGIES fault, the Products are presumed approved.If any Hardware item fails acceptance processes, PAMIR ALPHA TECHNOLOGIES will, at its discretion, replace or repair such item.
In all licenses, plans, copyright arrangements, schematics, drawings, and analogous information identifying with the Hardware, the creator retains and shall retain all restrictive rights. The provision of Hardware to the Customer does not grant any place or award to benefit from any special rights in the Hardware. To copy or expose any part of PAMIR ALPHA TECHNOLOGIES’ or the Hardware’s design to anybody else, you must first get permission from PAMIR ALPHA TECHNOLOGIES, or the person who created the Hardware.
4.1 PAMIR ALPHA TECHNOLOGIES will run such software tests as it considers basic to guarantee that the Software is introduced and installed correctly. Upon completion of these tests, the Software will be deemed to be accepted.
4.2 Copyright is preserved in all software and documentation.
The Customer has no rights to promised improvements in the Software, including its documentation, updates, or redesigns.
THE CUSTOMER DOES NOT GET TITLE TO THE SOFTWARE UNDER ANY CIRCUMSTANCES.
4.3 PAMIR ALPHA TECHNOLOGIES expressly disallows the Customer from using third-party software.
The Customer agrees to any remote Software conditions recommended to it at the most recent development of any Software, including entering and acclimating to permit approaches and other agreements with the untouchable going before the Customer utilizing the Software concerned, and to reimburse PAMIR ALPHA TECHNOLOGIES at the suit of an outsider Software proprietor.
5.1 Products and/or services delivered under these terms and conditions shall be charged at the prices agreed upon by both sides, plus any value-added tax (VAT).
PAMIR ALPHA TECHNOLOGIES retains the right to raise the Fees at any moment.
5.2 PAMIR ALPHA TECHNOLOGIES reserves the right to increase the Charges to reflect any increase in the costs to PAMIR ALPHA TECHNOLOGIES due to any fact beyond its control such as, but not limited to, any foreign exchange fluctuation, currency regulation, change in duties, significant increase in the cost of labor, materials or other manufacturing costs, any change in delivery dates, quantities or specifications requested.
6.1 Customer orders are accepted by PAMIR ALPHA TECHNOLOGIES, and PAMIR ALPHA TECHNOLOGIES bills the Customer for the Products and/or Services upon receipt of the invoice.
Unless otherwise agreed in writing, the Customer will pay PAMIR ALPHA TECHNOLOGIES the complete charges within 14 days of the invoice date.
6.2 All fees are exclusive of any reasonably incurred expenditures that will be added on top of the charges.
6.3 All charges, including costs where appropriate, are exclusive of Value Added Tax and other comparable taxes, which will be charged in line with current legislation at the tax point date.
6.4 All bills are due and payment within 14 days after receipt, unless otherwise specified.
Payments that are not received by the due date will be considered overdue and will be due by the customer together with interest for late payment from the due date at the statutory rate applicable both after and before any judgment and independent of such judgment.
This interest will be compounded daily and is due immediately.
6.5 Despite the aforementioned provision for late payment, PAMIR ALPHA TECHNOLOGIES may, at its discretion and without prejudice to any other remedies, cancel or temporarily suspend this Agreement after payment has become due.
6.6 If PAMIR ALPHA TECHNOLOGIES has the right to cancel this Agreement for any reason, PAMIR ALPHA TECHNOLOGIES will be paid in full immediately.
7. Rescheduling or Cancellation
7.1 The Charges for the Products will be limited to charges for re-stocking or other costs incurred by PAMIR ALPHA TECHNOLOGIES if the Customer cancels all or part of an order or requests changes to the shipment date or configuration ordered at least 60 days or more before the scheduled ex-factory shipment date or requested delivery date, whichever is later. There will be a cancellation or rescheduling fee of five percent of the charges if less than 60 days notice is given for any of the above. If you cancel within 40 days or fewer, you’ll be responsible for paying a cancellation fee equal to 10% of the Charges. If you need to make any changes to your purchase after the scheduled ship date, you must do so at least seven days before the new date.In the event that previously rescheduled orders for Products are later cancelled, the cancellation costs will be based on the notice period provided when the order was initially rescheduled, or when it was cancelled.
7.2 PAMIR ALPHA TECHNOLOGIES retains the right to alter the specified delivery date in the case of hardware configuration changes.
7.3 If PAMIR ALPHA TECHNOLOGIES delays delivery in accordance with paragraph 7.2, the Customer has the right to cancel all or part of the impacted Hardware delivery within 7 days of receiving notified from PAMIR ALPHA TECHNOLOGIES of a revised delivery date.
7.4 The parties agree that the charge outlined in this paragraph is fair and is intended as liquidated damages rather than a punishment.
8. Replacement and Modification
PAMIR ALPHA TECHNOLOGIES has the right to provide products that have had upgrades, replacements, adjustments, or enhancements made to them in the future without notifying customers first.
9.1 PAMIR ALPHA TECHNOLOGIES guarantees that it is entitled to or has the right to deliver the products, services & software.
9.2 Hardware shall be repaired or replaced solely in line with the original hardware manufacturer’s warranty cover if any component of it proves faulty in material or workmanship during regular use.
This warranty does not cover hardware that has undergone unauthorized repair or modification, or that has been damaged as a result of abuse, accident, or misuse.
9.3 APART FROM THE ABOVE EXPRESS WARRANTIES, PAMIR ALPHA TECHNOLOGIES DOES NOT PROVIDE ANY OTHER WARRANTIES.
This warranty is in lieu of all obligations and liabilities on the part of PAMIR ALPHA TECHNOLOGIES for damages arising from or in connection with the products, including, without limitation, any warranty of satisfactory quality or fitness for a particular purpose, and the above warranties are in lieu of all obligations and liabilities on the part of PAMIR ALPHA TECHNOLOGIES for damages arising from or in connection with the products.
10. Reimbursements and Limits of Liability
10.1 10.1 The Customer accepts that it has accepted these terms and conditions knowing that PAMIR ALPHA TECHNOLOGIES liability is restricted and the Charges have been determined appropriately.
If the customer wants to further restrict their risk exposure or if they want more or alternative coverage, it is recommended that they obtain their own insurance.
If the customer asks PAMIR ALPHA TECHNOLOGIES to make inquiries on the customer’s behalf regarding enhancing cover, PAMIR ALPHA TECHNOLOGIES shall give reasonable assistance, providing the customer understands that this may result in higher charges being passed on to the customer.
10.2 In the event of an accident or death caused by the carelessness of one of PAMIR ALPHA TECHNOLOGIES workers operating within the extent of their authority, IT shall reimburse the Customer.
10.3 Except as provided in paragraphs 10.2, PAMIR ALPHA TECHNOLOGIES responsibility for any breach of this Agreement is limited to a refund of the Charges paid by the Customer to PAMIR ALPHA TECHNOLOGIES for the relevant Products in the aggregate of damages, charges, fees, and expenses that can be awarded to the Customer.
Neither PAMIR ALPHA TECHNOLOGIES nor any of its affiliates will be held accountable for any costs associated with the acquisition of alternative Products.
10.4 Except for the express terms of this agreement, PAMIR ALPHA TECHNOLOGIES disclaims all liability to the Customer under these terms and conditions, including but not limited to liability for loss of profits whether in the course of the Customer’s business or otherwise, or arising from loss of data, and in no event will PAMIR ALPHA TECHNOLOGIES be liable to the Customer for special, indirect, incidental, or consequential damages.
10.5 The Customer agrees to indemnify and defend PAMIR ALPHA TECHNOLOGIES and its employees against any liability, claim, loss, damage, cost, or expense of any kind resulting directly or indirectly from any negligent act or omission by the Customer, or from any claims arising from loss of data for any reason or from any failure by the Customer to maintain adequate current licences for the Software.
10.6 The customer agrees to reimburse PAMIR ALPHA TECHNOLOGIES for any fees, fines, or expenditures incurred by PAMIR ALPHA TECHNOLOGIES as a consequence of the connection of any product or equipment of any telecommunications utility by PAMIR ALPHA TECHNOLOGIES in violation of any legislative restrictions without the fault of PAMIR ALPHA TECHNOLOGIES.
10.7 Customer agrees to be best judge of the value and relevance of the data stored on Customer’s computer systems, and Customer will be entirely responsible for:
– Establishing and running all required backup processes to protect data integrity in the case of data loss for any cause; Maintaining all essential backup procedures for its own advantage;
– Insurance policies and other financial protection against loss and harm due to the erasure of data are also recommended.
11. Question & Resolution
11.1 In the event of a dispute arising out of or relating to this Agreement, it shall be referred to a Board level director of each party for discussion and resolution within seven days of the date of referral. In order to avoid immediate harm to their business or to preserve whatever right of action they might have, one party may not begin any legal action until this activity is carried out.
Any application to a court that has jurisdiction over a preliminary injunction for the purpose of protecting its interests shall be exempt from this provision.
11.2 Any dispute between the parties regarding the performance of this Agreement (other than payment of money) that cannot be resolved by the parties within 20 days of the date of referral referred to above will first be referred to mediation or other alternative dispute resolution procedure as agreed between the parties, each acting in good faith.
Dispute Resolution in Afghanistan will assist the parties if they are unable to agree on a procedure or any aspect of a procedure.
12. Privacy & DNA
Any private information obtained by the Customer will be treated as strictly secret by the Customer and will not be disclosed without the prior written approval of PAMIR ALPHA TECHNOLOGIES. The Customer will do all in its power to guarantee that all of its current and former workers are held to the same standard of performance.
13. End of Agreement
13.1 You may terminate this agreement at any time by giving us written notice of your intent to do so.
(a) By PAMIR ALPHA TECHNOLOGIES if the customer fails to pay any amounts due under this Agreement by the due date despite any other provisions under this Agreement for late payment;
(b) If the other party breaches any of its duties under this Agreement and fails to rectify the same (if remedyable) for a period of 30 days following written notice from the other party, either party may terminate this Agreement.
(c) A party may initiate an administration order or petition for an administration order if the other party is involved in any legal proceedings regarding its solvency, ceases to trade, commits a bankruptcy act, or is declared bankrupt or enters into liquidation, whether compulsory or voluntary, other than for the purposes of amalgamation or reconstruction, or makes an arrangement with its creditors or has a receiver or manager appointed over all or any part of its assets, or generally be adjudged bankrupt or liquidated.
13.2 Any termination of this agreement under this paragraph shall be without prejudice to any other rights or remedies of either party under this agreement or at law and will not affect any accrued rights or obligations of either party as of the termination date.
13.3 This section 13 shall terminate the agreement without affecting any accrued rights or existing obligations of the parties to each other as of the date of termination.
14. Fare and Re-Export Limitation
This applies regardless of whether the customer has disclosed an ultimate destination for any Products to PAMIR ALPHA TECHNOLOGIES. The client agrees that no products shall be exported/imported/reimported in any way without first obtaining all necessary written consent/authorization required by any applicable Government regulations.
15. General Contract Provisions
15.1 Entire Agreement
This Agreement is the last agreement between the parties and replaces any prior agreements between the parties related to the subject matter of this Agreement.
Each of the parties recognizes that by entering into this Agreement, it does not rely on and will have no remedy in respect of any statement of fact or opinion not recorded in this Agreement (whether negligently or innocently stated), save for any fraudulent representation.
Unless authorized signatories of both parties on or after the date of this Agreement confirm any modification to these terms and conditions in writing, they are not effective.
15.3 Force Majeure
Any delay or failure to execute an obligation (other than the payment of money) due to a cause beyond its reasonable control, including but not limited to an industrial dispute, shall not entitle either party to compensation from the other. Either party may cancel the agreement by notice in writing if a delay or failure persists for 90 days or more.
Unless the substantive purpose of this agreement is frustrated, the continuation in full force and effect of the remaining provisions of this agreement will not be prejudiced if any provision of this agreement is found to be illegal or unenforceable, in which case either party may terminate this agreement immediately on written notice.
Any delay or forbearance on the part of any party in asserting its rights will not prejudice or restrict the rights of that party, and no waiver of such rights or of any violation of any contractual terms will be considered a waiver of any other right or of any later breach.
15.6 Rights of Third Parties
As long as you are not a party to this agreement, you have no authority to enforce any of its terms against anybody who is not a party.
This Agreement or any rights or duties under this Agreement may not be assigned, subcontracted, or otherwise dealt with without the agreement of the other party.
Any notice provided under this Agreement by one party to the other must be in writing and delivered physically or by first class post, and in the event of post shall be deemed to have been given two working days after the date of posting.
In the event of a dispute, notices will be given to either party in writing, and must be accompanied by email to the Customer Representative, at the email address set out in the Services Schedule, or to the Managing Director of the other party’s business email address listed in this Agreement’s as [email protected] separately.
15.9 Governing Law and Jurisdiction
This agreement is governed by and construed in accordance with Afghan law, and the parties submit to the exclusive jurisdiction of the courts of Afghanistan.