1. Specifications: “Product” (Mobil, Exxon & Esso) specifications are as per the relevant product data sheet of Exxon Mobil Corporation, as amended from time to time. “Mobil” (Mobil Askari Lubricants Ltd) does not give any further guarantee or warranty, expressed or implied, including warranties as to the product merchantability, fitness or suitability for any particular use. Product grades, trademarks and packaging shall be those used by ExxonMobil and may be subject to change by ExxonMobil at any time.
2. Title and Risk: Title (ownership) and risk of loss or damage to Products shall pass from Mobil to the Customer upon delivery at the Customer’s usual place of business, unless otherwise agreed in writing.
3. Shipment: All shipment of Mobil Products shall be effected strictly in accordance with the Terms and Conditions of sale as agreed between Mobil and Customer at the time of placement of the order by the Customer for the Products.
4. Inspection: Within 7 working days after delivery of Products, the Customer shall give written notice to Mobil of any claim with respect to the condition, quality, quantity or grade of the consignment, and for any non-conformity to these Terms & Conditions, specifying the basis of such claim in reasonable detail.
Mobil may, at its sole discretion, inspect the relevant consignment at the Customer’s facilities in order to verify any discrepancy asserted by the Customer.
If the Customer does not give such notice within 7 days of delivery of the relevant consignment, claims, if any, by the Customer shall be deemed to have extinguished and / or waived, and the Customer shall be deemed to have (a) received the relevant consignment in a condition consistent with the Customer’s order and these Terms & Conditions, and (b) irrevocably and unconditionally accepted delivery of the relevant consignment of Mobil Products.
If the Products do not conform to these Terms & Conditions, the Customer’s sole remedy and Mobil’s obligation shall be, at Mobil’s sole discretion, to replace the discrepant consignment or a part thereof at Mobil’s expense, or to reimburse the Customer with the corresponding amount therefore to the extent of such discrepancy only. Under no circumstances whatsoever, Mobil shall be liable for any indirect, consequential, special, incidental or exemplary damages, or prospective loss of profits, or any other damages or liability other than as expressly specified in these Terms & Conditions.
5. Dispute settlement and resolution: If any dispute, controversy or claim arises out of or in relation to these Terms & Conditions, or the breach, termination or invalidity thereof, the parties hereto will meet in good faith to discuss the matter and to endeavor to resolve it. However, if within a reasonable time, the parties hereto are unable to resolve the matter amicably between themselves, the said dispute shall be referred to arbitration to be conducted by two arbitrators in accordance with the Arbitration Act, 1940 (or any statutory modifications and amendments thereto).
One arbitrator shall be appointed by each of the parties hereto and the two arbitrators shall appoint an Umpire in case of their failure to resolve the dispute submitted to them. The decision of the arbitrators (or the Umpire) shall be final and binding upon the parties hereto. Arbitration shall be a precondition to any action at law and each of the parties hereto shall bear its own cost of arbitration, regardless of the arbitral outcome. The venue of the arbitration proceedings shall be Karachi, Pakistan.
6.Safety, Health and Environment: Adherence to Mobil’s Safety, Health and Environmental Policies including Mobil’s Operations Integrity Management System (OIMS) and Alcohol and Drug Policy is a requirement.
7.Amendments: Any amendments or changes to these Terms & Conditions shall be communicated to the Customer with reasonable advance notice of such change for the Customer’s information and record.
8.Without prejudice to the generality of the foregoing, all other terms and conditions of sale communicated by Mobil at the time of offer for sale of Products, as may be amended from time to time, shall also be applicable hereunder and shall be deemed to be and construed as forming part of these Terms & Conditions.
|Delivery note is a document sending goods from supplier to a buyer. Its contains only the buyer’s name address VAT/CST No. Description of the goods| |being sent Goods quantity and method of packing/packing quantity. The Delivery Note may be raised without Invoice but against buyer’sPurchase | |Order. Invoice may be raised against the buyer on later date against the acknowledged receipt of the Delivery Note | | |