1. These terms
These terms apply to every quotation issued and every sale made by SPRK Building Materials Trading L.L.C ("SPRK", "we", "us"), unless we have signed a separate written supply agreement with you, in which case that agreement takes precedence. Placing an order with us means you accept these terms.
Where you issue your own purchase order, any printed terms on it do not apply to the sale unless we have accepted them in writing.
2. Quotations
- A quotation is an invitation to order, not a binding offer, and does not reserve stock.
- Quotations are valid for the period stated on the quotation itself. Where no period is stated, they are valid for 7 days from the date of issue.
- Prices are based on the specification, quantity and delivery location you gave us. If any of these change, the price and lead time may change.
- We may withdraw or revise a quotation before it is accepted, and where a manufacturer or shipping cost moves materially before an order is confirmed.
3. Orders and confirmation
An order becomes binding only when we confirm it in writing by signed quotation, order confirmation or proforma invoice. A verbal instruction, a site conversation or a WhatsApp message on its own does not create a contract.
Once confirmed, an order may only be cancelled or amended with our written agreement. Cut-to-size, made-to-order, imported-to-order and custom items cannot be cancelled once production or shipment has started, and you remain liable for their full value.
4. Prices, VAT and payment
- All prices are quoted in UAE Dirham (AED).
- Unless the quotation states otherwise, prices are exclusive of 5% VAT, which is added to the tax invoice at the applicable rate.
- Prices are ex-works our Dubai facility unless the quotation states a delivered price. Delivery, offloading, craneage and access charges are quoted separately where they apply.
- Payment terms are as stated on the quotation or invoice. Where no terms are agreed in writing, payment is due before delivery.
- Credit terms, where granted, are subject to a completed trade account and remain at our discretion.
5. Availability and substitution
All goods are supplied subject to availability and to confirmation of stock at the time of order. Where an item becomes unavailable, we will tell you and offer an equivalent alternative or a revised lead time. We will not substitute a specified item without your written approval.
6. Delivery
Delivery arrangements, lead times and site conditions are set out in our Delivery & Shipping Policy, which forms part of these terms. Delivery dates are estimates given in good faith and are not of the essence unless we have expressly agreed otherwise in writing.
7. Inspection, title and risk
- You must inspect goods on delivery and record any shortage, damage or incorrect item on the delivery note at the time of receipt.
- Risk in the goods passes to you on delivery, or on collection where you or your carrier collect from us.
- Title in the goods remains with SPRK until we have received payment in full, in cleared funds, for those goods.
8. Returns and warranty
Returns, damaged or incorrect deliveries and manufacturer warranties are dealt with in our Return & Warranty Policy, which forms part of these terms.
9. Specification, samples and fitness for purpose
Samples, photographs, catalogue images and technical data are indicative. Natural materials such as timber, stone and ceramic vary in shade, veining and finish between batches; a reasonable variation is not a defect.
You are responsible for satisfying yourself that the goods you order are suitable for your design, your application and the approved specification. Where you require compliance with a particular standard, authority approval or fire rating, that requirement must be stated in writing before the order is confirmed.
10. Liability
Our liability in connection with any order is limited to the invoiced value of the goods supplied under that order. We are not liable for indirect or consequential loss, including loss of profit, loss of contract, delay to a programme, standing time, or the cost of removing or re-installing goods, except to the extent that such a limitation is not permitted under UAE law. Nothing in these terms excludes liability that cannot lawfully be excluded.
11. Force majeure
We are not in breach of these terms where performance is prevented or delayed by an event beyond our reasonable control, including shipping and port disruption, manufacturer shutdown, extreme weather, fire, act of government, or interruption of utilities.
12. Governing law and jurisdiction
These terms, and any dispute arising out of them, are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. The courts of Dubai have exclusive jurisdiction, without prejudice to any right to refer a dispute to arbitration where the parties have agreed to do so in writing.
13. Changes
We may update these terms from time to time. The version in force is the one published on this page on the date your order is confirmed.
Questions about these terms
E-mail support@sprkuae.com
or call +971 58 533 2021.
SPRK Building Materials Trading L.L.C, Dubai Investment Park II, Dubai, United Arab Emirates.