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Terms & Conditions

Terms and Conditions of Sale By and Between

LOGIX Stone (“LOGIX”) and the Customer (“Customer”) and Collectively (The Parties) 

PRICES: All prices are based onFOBEgyptianPortbasis. Customer is responsible for handling all charges from Egyptian port to final cargo destination including insurance, freight, customs, port fees, etc…

SHIPMENT / DELIVERY DATES: All Shipment / Delivery dates are approximate. LOGIX shall make reasonable effort to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery dates. Customer acknowledges, however, that projected delivery dates are estimates only and that LOGIX shall not be liable for failure to deliver on specific dates. In addition, LOGIX reserves the right to make partial deliveries in cases of multiple container orders. In such events, any delay in delivery of one or more partial shipments shall not entitle Customer to cancel the balance(s) of the order(s) relative thereto.

SHIPMENT / DELIVERY TERMS: All shipments shall be made FOB Egyptian port. Selection of a carrier and shipping route from Port, to customer’s facility, shall be made by the customer unless otherwise specified by Customer in its Purchase Order.

PACKING: Slabs shall be packed in wooden frames and shipped in 20’ Box Containers. Tiles shall be packed in cardboard boxes and over-packed in wooden crates.

CONTAINER TYPE: LOGIX shall ship Dry Containers unless specified otherwise in the Pro Forma Invoice signed by the customer.

INSPECTION & ACCEPTANCE OF MATERIALS: Incase the Customer wishes to inspect the material prior to its shipment, such a condition must be specified in the signed Pro Forma Invoice. If the customer does not elect to inspect the material prior to its shipment, LOGIX QA Manager will certify in writing that the material left LOGIX facilities free and clear of any damage or defect. The Customer will be responsible to file any insurance claims of any alleged damage or defect after the shipment is loaded on board the ship. LOGIX shall not be obligated to honor any claim of damage or defect.

VARIATIONS IN COLOR: Marble and Granite are natural Stones. Color variations are normal, to be expected, and must be accepted by Customer unless there are pre-approved samples requested by Customer and signed and sealed by LOGIX.

PRODUCT WARRANTY: LOGIX warrants to Customer that its products shall reasonably conform to all applicable specifications, by product, as are defined in its Pro Forma Invoice. LOGIX makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect, or unauthorized installation, alternations or repairs to the products. If it is determined that certain product(s) do not meet specifications, LOGIX’s liability is limited, at its sole discretion and election, to (1) refund of Customer’s purchase price for such product(s) (without interest), (2) repair of such product(s), or (3) replacement of such product(s), provided, however, that such product(s) is/are returned to LOGIX, after request for and receipt of a formal Return Authorization, within thirty (30) days from date of delivery, transportation charges (freight) prepaid. LOGIX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; IN NO EVENT SHALL LOGIX’S LIABILITY, WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER CAUSE OR FORM OF ACTION WHATSOEVER, EXCEED THE PURCHASE PRICE PAID, NOR SHALL LOGIX BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES OF ANY THIRD PARTY OR FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT OR OTHER FACILITY SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTION, COST OF PURCHASED OR REPLACEMENT POWER, CLAIMS OF CUSTOMER’S CUSTOMERS, SUBCONTRACTORS, VENDORS OR SUPPLIERS, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE, FINES OR PENALTIES ASSESSED OR LEVIED AGAINST CUSTOMER BY ANY GOVERNMENTAL AGENCY BASED ON THE OPERATION, NON-OPERATION, OR USE OF THE PRODUCT OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWSOEVER ARISING. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, LOGIX DISCLAIMS ANY OBLIGATION TO DEFEND OR INDEMNIFY CUSTOMER, ITS OFFICERS, AGENTS, OR EMPLOYEES, FROM ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES THAT MAY ARISE OUT OF LOGIX’S ACTS OR OMISSIONS OR OUT OF THE SALE OR USE OF THE PRODUCTS PROVIDED TO CUSTOMER BY LOGIX. LOGIX SHALL NOT BE LIABLE FOR AND CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD LOGIX HARMLESS FROM ANY CLAIMS BASED ON CUSTOMER’S COMPLIANCE WITH ITS CUSTOMER’S DESIGNS, SPECIFICATIONS, INSTRUCTIONS OR MODIFICATIONS OF ANY PRODUCTS BY PARTIES OTHER THAN LOGIX OR USE IN COMBINATION WITH OTHER PRODUCTS.

CREDIT TERMS: Credit Terms of Payment if given and referenced in the Pro Forma Invoice, are subject to final approval by LOGIX’s Credit Manager. All new customers must complete and submit a LOGIX Credit Application and qualify for extension of a line of credit under LOGIX’s corporate credit policy. Failure to qualify will render any previous Pro Forma Invoices null and void.

TERMS OF PAYMENT: Customer acknowledges that the Standard Payment Terms are by irrevocable confirmed LC or any bank security instrument acceptable to LOGIX. If credit terms are extended to Customer, they must be as stated in LOGIX’s Pro Forma Invoice and signed by an authorized officer of LOGIX.

In case that credit terms are extended to the Customer, the following Shipping and Payment Procedures and Requirements are contractually binding by the Customer and LOGIX as follows:

  1. Both Customer and LOGIX sign and date the LOGIX Pro Forma Invoice accepting, the price, product material, size and specifications and any other conditions and terms listed.
  2. Together the Terms and Conditions and the LOGIX Pro Forma Invoice is the sole binding contract between the two parties and supersedes any other agreement or purchase order between the parties issued before or after the date of such Pro Forma Invoice.
  3. Within seven (7) days from the date of the Pro Forma Invoice, the Customer has the right to cancel or change the order.
  4. Once the order is produced and ready to ship to the Customer at his agreed upon shipping line, shipping address, consignee and notify party as stated on the LOGIX Pro Forma Invoice, LOGIX will notify the Customer by a LOGIX Shipment Notice Form at his email address or by regular mail to his street address as stated on the LOGIX Pro Forma Invoice of including a copy of the following:
    1. A copy of the Bill of Lading (Seawaybill)
    2. A copy of the invoice
  5. The date of the Bill of Lading is the invoice billing date.
  6. Invoice payment is due from Invoice date and which is the Bill of Lading date.
  7. Customer is responsible for insuring the shipment at his expense and is also responsible for all freight collect charges to be settled between the Customer and the shipping line upon delivery to the port of final destination. Failure to pay the shipping line freight expenses will render the customer in violation of this agreement and will be legally liable for all claims made by the shipping line against LOGIX, its affiliates or agents.
  8. Payment is due in accordance with the terms of payment stated on the LOGIX Pro Forma Invoice and the LOGIX Invoice. Failure to pay on time will subject the Customer to the following late payment penalty fees:
    1. Past due payment 2% per month on outstanding balance
    2. Non-payment is subject to collection charges and fees and any LOGIX attorney or court costs or legal fees are the responsibility of the Customer.

If a past due balance exists or if LOGIX, in good faith, believes the Customer to be insolvent, as defined in the Uniform Commercial Code, LOGIX may withhold or suspend delivery of any order, or any portion thereof, and Customer shall remain liable for payment for any products previously delivered or ordered by Customer. Customer also acknowledges and agrees that in the event that any or all obligations, as are defined herein, are not paid as required herein, Customer authorizes and empowers any attorney of any Court of record within the United States to appear for Customer in any Court, or before any Clerk thereof, and confess judgment against Customer, in favor of LOGIX, for all sums then due, including court costs and attorney fees as defined herein, and Customer waives presentment, demand, protest and notice, and further waives and releases all errors and all rights of exemption, appeal, stay of execution, inquisition and extension upon any levy on real estate or personal property to which Customer may otherwise be entitled under the laws of any state or possession of the United States, now in force or hereafter passed.

TITLE AND SECURITY INTEREST: Title and ownership of all purchases shall remain with LOGIX after receipt thereof by Customer until payment has been made in full. After receipt thereof by Customer, all of such purchases shall be and shall remain personal property and shall retain their character as such even if they are installed on permanent foundations or in any other manner affixed or attached directly or indirectly to realty, and without regard to the purposes for which they may be used. The rights of LOGIX to possession of such purchases until the purchase price shall have been paid in full shall be superior to any rights of the Customer to possession thereof. Customer also grants a security interest to LOGIX in Customer's purchases from LOGIX from the date that Customer enters into a contract for buying such purchases until Customer shall have made payment in full for Customer's purchases, and Customer authorizes and empowers LOGIX to record a Financing Statement or notice in land records with the appropriate authority naming Customer as the Debtor and LOGIX as the Secured Party. Customer hereby authorizes LOGIX to execute Customer's name to any and all documents evidencing the security interest. This authority is a power coupled with an interest and is not revocable. If Customer shall fail to make any payment when due under the Contract, LOGIX shall be entitled to all remedies available under the Uniform Commercial Code, including the right to repossess the purchases by self help and without resort to judicial process.

GOVERNING LAW/JURISDICTION: All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

SEVERABILITY: Whenever possible, each provision of these Terms and Conditions of Sale shall be interpreted in such a manner as to be effective and valid under applicable law; but if any provision contained herein shall be prohibited or invalid under applicable law, such provision shall be ineffective, to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions of Sale.

MODIFICATION: The rights granted to LOGIX herein shall not be affected by and shall take precedence over any provisions in any other instrument including, but not limited to, quotations, invoices, Customer’s purchase orders, purchase order acknowledgements, and other business forms. None of these terms and conditions may be changed, varied, modified, or altered except by a written instrument executed by an authorized representative of LOGIX. The waiver by any party of a breach of any provision or condition contained in these Terms and Conditions of Sale shall not operate or be construed as a waiver of any subsequent breach or of any other conditions hereof.

MISCELLANEOUS: These Terms and Conditions of Sale constitute the full, entire, and integrated agreement between the parties with respect to the subject matter hereof, and supersede all prior negotiations, correspondence, understandings, and agreements among the parties respecting the subject matter hereof. These Terms and Conditions of Sale shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Nothing in these Terms and Conditions of Sale, express or implied, is intended to confer upon any other person any rights, remedies, obligations, or liabilities. Each party agrees to execute, acknowledge, seal and deliver, after the date hereof, without additional consideration, such further assurances, instruments, and documents, and to take such further actions, as the other party reasonably may request to fulfill the intent of these Terms and Conditions of Sale and the transactions contemplated hereby.