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GENERAL TERMS AND CONDITIONS OF SALE

The transaction between Gulf Circle Arabia and Customer is always subject to the following conditions:

In these terms and conditions, the terms «we», «us» and «our» are a reference to Gulf Circle Arabia (Gulf Circle).

  1. Responsibility for payment

You acknowledge that you are entirely responsible for payment of any amounts owing to Gulf Circle except to the extent that Gulf Circle receives payment from a private or public health institution, insurance or other payer agency. You acknowledge that it is your responsibility alone to qualify for any such coverage.

  1. Return and exchange policy 
    1. Any device and consumable in its original packaging and was not utilized, can be exchanged or returned within 7 days from the date of the purchase. 
    2. Any device returned with the packing and original accessories within 3 days as defective/non-functioning may be exchanged or refunded after technical inspection from our teams.
    3. Any mask or accessory which has its sealed pack opened cannot be considered for return or exchange
    4. Gulf Circle does not allow return or exchange of products which are damaged as a result of misuse, such as scratches or malfunction due to power fluctuations or missing parts of the products (such as catalogues, accessories…)
  2. Warranty, maintenance & repair policy 
    • . All the devices sold by Gulf Circle are covered by the warranty as per the terms mentioned in the warranty card.
  1. The prescribed warranty takes effect from the date of the purchase
  2. Gulf Circle warrants the devices against manufacturing defects during their warranty period. The warranty does not extend to consumables and misuse.
  3. You shall check and read the device manual before using the product to make sure it meets all safety, security and electrical requirements.
  4. Unless specified, devices that we sell are designed to work on 220-240 Volts. devices damaged due to use with incorrect electrical sources or supplies will not be accepted under warranty terms and conditions
  5. Please consider a minimum period of 7 working days for repair.
  6. The Customer shall ensure that his contact details are correct, in order to update him/her about the repair status. 
  7. Gulf Circle is not responsible for the device that is not collected within 3 months from the date of receipt in the service center
  1. Medical advice

You acknowledge that 

  1. we have not provided you with any medical advice and have made no representations in relation to the suitability of the device and/or consumables for your medical condition;
  2. you will comply with the prescription given to you by your doctor in relation to the use of the device and/or consumables;
  3. you will inform Gulf Circle immediately of any changes made to your prescription by your doctor.
  1. Instructions and safety.

You acknowledge that we have explained and provided you with (and you have read and understood) comprehensive instructions in respect of the safety, maintenance, possession and use of the device and consumables, including (without limitation) written and verbal instructions regarding your therapy, safe use of associated device and our services. You must :

  1. only use the device and consumables strictly for their intended purpose and in accordance with those instructions;
  2. immediately advise us of any defect in the device and consumables.
  1. Liability and indemnity

We are not liable to you in any circumstance for:

  1. any economic loss or damage including any loss of revenue, profits actual or potential business opportunities, contracts or anticipated savings or profits;
  2. any indirect or consequential loss or damage; or
  3. any loss or damage relating to the acts or omissions of any third party, and all other matters beyond our control.

To the extent permitted by law, we exclude all liability for breach of any express or implied term or warranty and also exclude all liability for negligence in respect of the performance of our obligations under this Agreement.

Where liability for any term implied by law cannot be excluded, and to the extent permitted by law, our liability for any breach of such an implied term is limited to (at our election), the lowest of the cost of replacing the Purchased device / consumables, acquiring equivalent Purchased device/ consumables or having the Purchased device/consumables repaired.

You acknowledge that Gulf Circle assumes no responsibility or liability for the success, failure or effect of any diagnostic and/or treatment service prescribed by your physician. Gulf Circle reserves the right to terminate the supply or provision of Services or supplies at any time and for any reason.

  1. FORCE MAJEURE 
    1. If either Party is prevented from performing any of its obligations hereunder due to any cause which is beyond the non-performing Party’s reasonable control, including but not limited to fire, explosion, flood or other acts of God; acts, regulations, or laws of any government; strike, lock-out or labour disturbances; or unavailability or shortage of power, labour or transportation; war, rebellion or civil disorder (collectively, “Force Majeure Event”), such non-performing Party shall not be liable for breach of this general terms and conditions with respect to such non-performance to the extent any such non performance is due to a Force Majeure Event.
    2. Such non-performance shall be excused for six (6) months or until the termination of such event (whichever occurs sooner), provided that the non-performing Party gives written notice to the other Party of the Force Majeure Event no later than thirty (30) days after becoming aware that the Force Majeure Event shall prevent timely performance.
    3. A Force Majeure Event affecting either party does not excuse non-payment of amounts due for accepted goods ordered and delivered to the Distributor or for defective or recalled goods returned to the Seller.

  2. Privacy 

For details of how Gulf Circle collects, holds, uses and discloses Customer’s information, please refer to Gulf Circle Privacy Policy which can be located https://www.gulflabsupplies.com/home/privacy-policy-1
Except to the extent Customer notifies Gulf Circle that it opts out, Customer authorises Gulf Circle to collect, use and disclose Customer’s personal information in accordance with those policies.

  1. Governing Law and Dispute Resolution

These General Terms and Conditions of Sale are governed by the laws of the Kingdom of Saudi Arabia. Any disputes that may arise in connection with this Agreement that cannot be settled amicably shall be finally settled under the ICC Rules of Arbitration, the seat of arbitration shall be in Riyadh and the language shall be in English.


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