Your online order purchase (“Order”) is subject to the terms and conditions set out below which create a contract (the "Agreement") between you and by Rebar Express, a service company of AABCO with headquarters in AG Tower – Unit No: AG-PH-180 Jumeirah Lake Towers, P.O. Box 340505 Dubai, UAE governing that transaction/order. Please read these terms and conditions carefully.
By clicking the button or mechanism designed to acknowledge agreement to these terms and conditions in the Rebar Express online shopping page through which you place your Order, you 1. are indicating that you have read these terms and conditions, understand them, and agree to be legally bound to them, on behalf of the company or other legal entity for which you are acting (for example, as an employee) (“Company”) or if there is no Company, on behalf of yourself as an individual; and 2. you represent and warrant that you have the right, power and authority to act on behalf of and bind your Company (if any) or yourself (if there is no such entity).
Whenever you place an order through Rebar Express the version of these terms and conditions in effect on the date you place that order shall govern that transaction between you and Rebar Express. These terms and conditions may change from time to time, so please review them upon submission of each order, even if you have reviewed them before. We recommend that you print and keep a copy of these terms and conditions (and any other documents referred to in these terms and conditions) for your reference.
1. Placing an order.
1.1 By placing an order with Rebar Express online in order to purchase services from Rebar Express you are subject to these terms and conditions. By placing an order with Rebar Express you are warranting and representing that you are at least 18 years of age.
1.3 An Order submitted by you constitutes an irrevocable offer by you to Rebar Express to purchase services subject to these terms and conditions at the price quoted for those services on Rebar Express website and is subject to subsequent acceptance and fulfillment by Rebar Express, irrespective of whether the button or link you press or activate to submit your Order with Rebar Express or e-mail you send to submit your order includes words such as “Place your order” or otherwise indicates that it is the final step in completion of your Order.
1.4 You will receive by e-mail an order confirmation/receipt from Rebar Express once your Order has been accepted and sent to be processed for fulfillment. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your Order. Rebar Express may cancel your Order at any time and for any reason prior to fulfilling your Order; if this is the case, we will refund any prior payment that you have made for that/those services.
1.5. The information and documents provided by your side and with respect to your Order will be checked for validity before initiation of the production process. (a) In case they were valid, the package production will be initiated. (b) In case the input documents and information are not valid, the package production will be aborted and you will receive an email notification in timely manner informing you of this. As soon as you send us valid files we will resume working on your order, but the countdown to 48 hours will start from the moment when the valid files were received.
1.6 The information and documents (required documents) provided from your side cannot be modified, nor can new documents be added once the order is placed, unless you receive an e-mail message by us specifically instructing you to upload additional files. To see which documents are needed for production of A1 drawings please go to Required documents page of Rebar Express website.
During check up of your input documents, when more than one interpretation is possible, Rebar Express will make an assumption and make a decision based on available information, and will not be held responsible for the assumptions it makes.
If input files or instructions are unclear, we will raise an RFI along with our assumption of an adequate solution. We will wait for 20 minutes for your response. If no answer, we will proceed according to the assumption we made. Again if we do not receive a reply from your side, we will not be held responsible for making a wrong assumption.
1.7 If you choose to send us files in PDF file format, to be able to produce flawless drawings we will need to convert those file from PDF to AutoCAD. We charge additionally for this conversion, as we have to redraw each PDF file in AutoCAD. In case of conversion, the countdown to 48 hours or 7 days starts after we finish converting your files from PDF to AutoCAD.
2.1 The price for the services you order, and any additional charges applicable to your Order (e.g. conversion charges, or later revisions of our output according to your request), will be quoted to you on the Rebar Express website applicable to those services and will also be indicated on your order confirmation/receipt, or in later correspondence in case of revisions. 50% of the whole value of your order is paid in advance. When we complete the drawings we will send them to you in PDF file format along with an invoice stating the remaining amount of money you should pay to receive the ordered drawings in AutoCAD format and your BBS in Excel format. We charge additionally for any further revisions or changes requested by you.
3. Payment Methods.
3.1 Payment methods recognized by Rebar Express are listed on the Rebar Express website. Only payment methods recognized by Rebar Express will be accepted by Rebar Express.
3.2 Payment shall be made by the payment method selected in your Order. Once we finish your ordered shop drawings Rebar Express will send you an invoice with the amount that has been charged to your Paypal account or your credit/debit card. For refunds, see our Refund policy below.
3.3 As Rebar Express uses Paypal services, that is a third party payment or billing provider, if you choose to place an order with Rebar Express, the transaction between you and Rebar Express will be subject to Paypal terms and conditions. You will be required to create an account with Paypal and/or provide Paypal with your bank account or credit/debit card details. Rebar Express is not responsible for and you agree to hold us harmless from and against, any liability resulting from the acts or omissions of any third party payment or billing provider, be it Paypal or any other third party payment provider.
3.4 If Rebar Express is unable to process payment using the payment method you provided with your Order, or if we have reason to believe that you (a) are ineligible to purchase services from Rebar Express via the Online Cart or the e-mail form either as a result of breach of these terms and conditions or by virtue of applicable law or otherwise, (b) are otherwise in breach of these terms and conditions, or (c) have engaged in fraud or criminal activity in connection with your use of any services, then, without prejudice to any of our other rights, we may do any or all of the following: (1.) stop any services being fulfilled to you; (2.) stop or suspend ongoing access to services;
4.1 Services (A1 drawings) purchased by you will be made available to you for electronic download via e-mail or via another website or link designated by Rebar Express.
4.2 If you have comments on our output (produced drawings) due to an error from our side that is based on a misinterpretation of input documents that may have had several possible interpretations, you can inform us via firstname.lastname@example.org and we will make the required corrections for free.
4.3 If within 48 hours (excluding non working days) you did not provide approval or rejection for our submitted documents (produced drawings), they will be considered as approved.
5. Notifications from Rebar Express.
5.1 By agreeing to these Terms and conditions you also agree to receive e-mail notifications pertaining to your Order at Rebar Express website. These may be to inform you about the status of your order, and may be important calls for action should any problems arise during processing and production phases of your Order. Also, as our customer you may occasionally receive special offers and similar notifications regarding the rebar detailing service we provide.
6. Cancellation and Refund.
6.1 Once you place your order at Rebar Express you may not revoke it. However, if you are not satisfied with our output results, provided that you have uploaded correct required documents and information, i.e., that a mistake was made by our side, you may send us a request for error corrections or a request for refund. If the refund is approved, the full price of your order will be paid back to your Paypal account or bank account.
7. LIMITATION OF LIABILITY.
7.1 THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF REBAR EXPRESS AND ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, AND THEIR EMPLOYEES, OFFICERS, AND DIRECTORS, FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO (1) YOUR ORDER VIA THE REBAR EXPRESS ONLINE CART AND/OR ANY RELATED BREACH OR NON-PERFORMANCE OF THIS AGREEMENT NO MATTER HOW FUNDAMENTAL, IS LIMITED TO YOUR DIRECT DAMAGES ONLY AND SHALL NOT EXCEED THE TOTAL VALUE OF THAT ORDER. FURTHER, IN NO EVENT SHALL EITHER YOU OR REBAR EXPRESS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR FOR LOSS OF PROFITS, REVENUES, CONTRACTS, CUSTOMERS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF REPLACEMENT GOODS OR SERVICES, OR FAILURE TO REALIZE EXPECTED COST SAVINGS EVEN IF ADVISED OF THE POSSIBILITY OF SAME OR SAME WERE REASONABLY FORESEEABLE. YOU ACKNOWLEDGE THAT THE AMOUNTS CHARGED FOR YOUR ORDER VIA THE ONLINE CART FAIRLY REFLECT THIS ALLOCATION OF RISK. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. Entire Agreement.
8.1 These terms and conditions (and the documents incorporated herein by reference) constitute the entire agreement between you and Rebar Express relating to the purchase of our services via the Rebar Express website, and supersede and render of no legal effect all prior agreements, understandings, negotiations and discussions, whether oral or written, and there are no warranties, representations or other agreements between you and Rebar Express in connection with the services purchased via the Rebar Express website related to this order except as specifically set forth in these terms and conditions. Except as expressly set out in this Agreement (or any of the documents incorporated herein by reference), all warranties, terms, conditions and undertakings, express or implied are excluded to the fullest extent permitted by applicable law. You further acknowledge that no additional or different terms or conditions submitted on any purchase order issued by you or otherwise referred to by you, including any preprinted terms, shall be applicable to this transaction or binding on Rebar Express unless specifically agreed to in writing by an authorized representative of Rebar Express. You acknowledge and agree that (1.) Rebar Express is under no obligation to proceed with or implement any Rebar Express business or service plans that Rebar Express may have discussed with you, including those discussed pursuant to confidentiality agreements; (2.) any statements by Rebar Express, including in connection with such plans, are not intended to be a promise or guarantee of future delivery of services; and (3.) you do not rely on, and shall have no remedy in respect of, any promise, assurance, undertaking, representation or statement made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agreement, in respect of which your sole remedy shall be for breach of contract.
9.1 Rebar Express may engage the services of subcontractors or agents to assist Rebar Express in the performance of its obligations under these terms and conditions. You may not assign or transfer your rights under these terms and conditions, and any purported assignment or transfer shall be void. No relaxation, forbearance, delay or indulgence by either you or Rebar Express in enforcing any of these terms and conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of these terms and conditions shall be effective unless made in writing by the party making such waiver. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction in relation to the transaction to which these terms and conditions relate, the remainder of these terms and conditions (to the fullest extent permitted by law) will continue in full force and effect in relation to that transaction. Rebar Express shall not be in breach of these terms and conditions in the event that it is unable to perform its obligations as a result of any reason or condition beyond its reasonable control.
10. Governing Law.
10.1 This Agreement shall be governed by and interpreted in accordance with the laws of the United Arab Emirates and will be applicable in stated country, excluding its conflict of laws rules. Any litigation between the parties shall be commenced and maintained exclusively in the courts of the United Arab Emirates. The parties expressly submit themselves to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions invalid or unenforceable, that provision of these terms and conditions will be enforced to the maximum extent permissible and the other provisions of these terms and conditions will remain in full force and effect.
Last revised January, 2016.