Legal
Terms & Conditions
Effective date: 19 February 2024
Last updated:
Sinocar Automotive and Brokerage LLC-FZ
These Terms and Conditions ("Terms") govern all commercial relationships between Sinocar Automotive and Brokerage LLC-FZ ("the Company", "we", "us") and any individual, company, or legal entity ("Client", "you") that places an order, enters into a contract, or otherwise engages our services. By transacting with us in any form — including by submitting a purchase order, signing a contract, or making a payment — you acknowledge that you have read, understood, and agree to be bound by these Terms in full. If you do not agree, you must not engage our services.
Article 1
General Provisions
These Terms constitute the entire agreement between the Company and the Client with respect to their subject matter and supersede all prior negotiations, representations, understandings, or agreements, whether oral or written.
The Company is incorporated under the laws of the United Arab Emirates and operates from Ras Al Khaimah, UAE. Our registered address is available upon written request.
We reserve the right to amend these Terms at any time. Updated Terms take effect upon publication on this page. Continued engagement with the Company following any amendment constitutes acceptance of the revised Terms.
Article 2
Products & Quality
- All new auto spare parts and components are sourced exclusively from verified manufacturers and authorised distributors and carry applicable manufacturer warranties where provided.
- Used auto spare parts are individually inspected, tested, and graded prior to offer for sale. A written condition report is available upon request for any used item.
- Product descriptions, specifications, and images are provided in good faith and are as accurate as reasonably possible. Minor variances in specifications, dimensions, or finish may occur and do not constitute grounds for return or claim.
- The Company is not liable for any damage, malfunction, or personal injury arising from incorrect installation, modification, or use of parts by the Client or any third party.
- Compatibility of parts with specific vehicle models is the Client's responsibility to verify prior to ordering. The Company may provide guidance but does not warrant fitment.
Article 3
Orders & Pricing
- All orders must be confirmed in writing — by email or by a signed Purchase Order — to be binding. Verbal agreements are not binding.
- Prices are quoted in United States Dollars (USD) unless otherwise agreed in writing. All quotations are valid for seven (7) calendar days from the date of issue, after which they must be reconfirmed.
- The Company reserves the right to withdraw or amend a quotation at any time before a written order confirmation is issued.
- Value Added Tax (VAT) at the applicable rate will be charged where required under UAE law.
- Bulk orders or repeat supply agreements may be subject to separately negotiated pricing terms confirmed in a signed supply agreement.
Article 4
Payment Terms
- Standard payment terms are fifty percent (50%) advance payment upon order confirmation, with the remaining fifty percent (50%) due prior to dispatch, unless alternative credit terms are agreed in writing and signed by both parties.
- Accepted payment methods include bank wire transfer (SWIFT/TT), bank draft, or such other methods as agreed in writing. The Company does not accept cash for international transactions.
- All bank charges, including intermediary and beneficiary charges, are the Client's responsibility. The Company must receive the full invoiced amount net of all charges.
- Invoices not paid by the due date shall accrue interest at the rate of two percent (2%) per calendar month on the outstanding balance, compounding monthly, from the due date until full payment is received.
- The Company reserves the right to suspend or cancel pending orders and withhold delivery in the event of overdue payments.
Article 5
Delivery & Risk of Loss
- Unless otherwise agreed in writing, all goods are sold on EXW (Ex Works) terms at the Company's premises, Ras Al Khaimah, UAE (Incoterms® 2020).
- Risk of loss, damage, or deterioration passes to the Client at the moment goods are handed over to the first carrier or collected by the Client or its agent from our premises.
- Transit insurance is the Client's sole responsibility under EXW terms. The Company may arrange insurance on the Client's behalf and at the Client's cost upon written request.
- Estimated delivery and dispatch dates are provided in good faith and are not guaranteed. Delays caused by carriers, customs, force majeure, or other circumstances beyond the Company's control do not constitute grounds for cancellation or penalty.
- The Client is responsible for all import duties, taxes, customs clearance, and compliance with regulations in the destination country.
Article 6
Returns, Claims & Warranty
- Claims for shortage, incorrect supply, or visible damage must be submitted in writing within seven (7) calendar days of receipt of goods, supported by photographic evidence and, where required, an independent inspection report.
- Claims submitted after the seven-day period will not be accepted, except where a latent defect covered by manufacturer warranty is subsequently discovered.
- Used and second-hand parts are sold strictly as-is and carry no warranty unless an explicit written warranty is separately stated in the invoice or contract.
- Goods correctly supplied in accordance with the order are non-returnable.
- Special-order, custom-sourced, or non-standard items are non-returnable and non-cancellable under any circumstances once the order has been confirmed.
- Where a valid warranty claim is accepted, the Company's liability is limited to, at our sole discretion: replacement of the defective item, credit note, or refund of the invoiced value of that item. No other compensation will be provided.
Article 7
Brokerage Services
- When acting as a commercial broker, the Company facilitates introductions and transactions between buyers and sellers as an independent intermediary only. The Company is not a party to the underlying sale or purchase transaction unless explicitly stated in a signed agreement.
- Brokerage commission and fees are agreed in writing prior to commencement of services and are payable upon successful closing of a transaction, unless otherwise agreed.
- The Company does not guarantee, warrant, or represent the successful completion of any brokered transaction. The Company's role is limited to facilitation and introduction.
- Clients are solely responsible for conducting their own due diligence on any counterparty introduced by the Company, including verification of financial standing, legal status, and the quality and ownership of goods.
- The Company shall not be liable for any loss arising from a Client's reliance on the Company's introductions or market guidance in connection with brokerage services.
Article 8
Limitation of Liability
The Company's total aggregate liability to the Client under or in connection with any contract or transaction, whether in contract, tort (including negligence), or otherwise, shall not exceed the total invoiced value of the specific goods or services giving rise to the claim.
The Company shall not be liable under any circumstances for:
- Loss of profit, loss of revenue, loss of business, or loss of anticipated savings;
- Indirect, consequential, special, or punitive damages of any kind;
- Operational downtime, vehicle off-road time, or third-party claims arising from defective parts;
- Any loss arising from the Client's failure to comply with installation instructions or compatibility requirements.
ImportantNothing in these Terms excludes or limits liability for fraud, death, or personal injury caused by gross negligence, or any other liability that cannot be excluded under applicable UAE law.
Article 9
Force Majeure
Neither party shall be liable to the other for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to: acts of God, natural disasters, war, armed conflict, terrorism, government sanctions or embargoes, port closures, strikes, pandemics, or failure of third-party carriers.
The affected party must notify the other in writing as soon as reasonably practicable. If the force majeure event continues for more than sixty (60) days, either party may terminate the relevant order or agreement on written notice, without liability, except for payment of amounts already due for goods already dispatched.
Article 10
Confidentiality
Both parties agree to treat as confidential all commercial, financial, and technical information disclosed by the other party in connection with any transaction or agreement, and not to disclose such information to any third party without the prior written consent of the disclosing party.
This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or by a competent regulatory authority.
Article 11
Intellectual Property
All trade names, trademarks, logos, and brand identifiers associated with goods supplied by the Company remain the property of their respective owners. The Company makes no representation regarding the Client's right to use such marks in resale or marketing activities, and the Client must satisfy itself as to any licensing requirements independently.
Article 12
Governing Law & Dispute Resolution
These Terms and all contracts entered into by the Company are governed by and construed in accordance with the laws of the United Arab Emirates, specifically applicable UAE federal law and regulations.
In the event of any dispute arising out of or in connection with these Terms or any related transaction, the parties shall first attempt to resolve the dispute through good-faith negotiation. Written notice of a dispute must be served, and the parties shall have thirty (30) calendar days to reach a resolution.
If the dispute is not resolved within thirty (30) days, it shall be finally resolved by binding arbitration administered under the DIFC-LCIA Arbitration Rules (or such other arbitration body as the parties may mutually agree in writing). The seat of arbitration shall be in the UAE. The language of the proceedings shall be English. The arbitral award shall be final and binding on both parties.
NoteNothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a competent court where necessary to protect its rights pending arbitration.
Article 13
Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Failure by either party to enforce any provision shall not constitute a waiver of the right to enforce that provision in the future.
- Assignment: The Client may not assign any rights or obligations under these Terms without the Company's prior written consent. The Company may assign its rights to any successor entity.
- Amendments: No amendment to these Terms, or to any specific contract, is valid unless made in writing and signed by authorised representatives of both parties.
- Notices: All formal notices must be sent by email to info@sinocar.com or by registered mail to the Company's registered address, and are effective upon confirmed receipt.
Contact
Questions & Correspondence
For any questions regarding these Terms, please contact us at: