Standard Terms & Conditions of Sale Pre-Engineered Buildings

Standard Terms & Conditions of Sale
Pre-Engineered Buildings

Index
1. Placing Orders
2. Acceptance of Orders
3. Standard Payment Terms
4. Approval of Zamil Steel Drawings
5. Design Calculations (Optional)
6. Design Certificates
7. Change Orders
8. Jobs on Hold
9. Material Dispatch
10. Erection Drawings
11. Specification Changes & Material Substitution
12. Design and Supply Exclusions
13. Permits and Fees
14. Inspection of Fabricated Materials
15. Material Dispatch Advice
16. Partial Shipments
17. Customer Pick-Up Shipments
18. Unloading of Material at the Job Site for Overland
Shipments (Supply Only Contracts)
19. Erection of Buildings (Supply Only Contracts)
20. Erection by Zamil Steel
21. Shortage of Materials
22. Field Modifications
23. Combined Shipments
24. Storage
25. Warranty
26. Force Majeure
27. Cancellation of Orders
28. Governing Law & Dispute Resolution
The following Terms and Conditions of Sale

are established by Zamil Steel Co. L.L.C.,
Saudi Arabia, hereinafter referred to in this
document as Zamil Steel, to govern the sale
and shipment of Pre-Engineered Buildings that are designed, manufactured and
processed by Zamil Steel Co. L.L.C., Saudi
Arabia.
1. Placing Orders
Orders are normally placed after Zamil
Steel submits a written proposal (also
known as quotation or offer) to its customers.
Quotations may be revised until all technical and commercial matters are agreed
upon by both the customer and Zamil Steel.
Once all matters are agreed upon and are
included in a final, revised Zamil Steel
proposal, both the customers authorized
representative and Zamil Steels authorized
representative must sign a standard
contract. This standard document is provided with and attached to all Zamil Steel
proposals.
2. Acceptance of Orders
Only orders accompanied by signed and
dated contracts are accepted by Zamil Steel.
Orders are reviewed and determined to be
complete with all required information. Accepted orders are entered in a sales register
maintained by the Order Management Department while orders that are incomplete
are placed on hold until the appropriate
corrective action is taken. Customers are
informed of the On Hold status of their
orders by the responsible Zamil Steel Area
Office.
3. Standard Payment Terms

3.1 Letter of Credit
Payment of the full contract price will be
made by an irrevocable letter of credit
(L/C), confirmed by the negotiating bank
in Saudi Arabia. The period of validity
for the L/C is established at the time of
contract signing. The minimum period
of validity of the L/C is 90 days for
shipment and 111 days for negotiation.
For example, if the deadline for ship-
ment is the 1st of January then the L/C

will expire on the 22nd of January. (L/Cs
issued by Saudi Banks - confirmation
not required.)
3.2 Correspondent Banks
Customers opening a letter of credit
may choose from the following Saudi
correspondent banks. Addresses and
Zamil Steel account numbers are also
provided for customer convenience.
SABB
P.O. Box 1618
Dammam 31411, Saudi Arabia
Phone (9663) 833 1553,
Fax (9663) 832 1916
Swift Code: SABBSARI
Account No. 044-054443-001 (SAR)
IBAN No.
SA4945000000044054443001
Account No. 044-054443-080 (USD)
IBAN No.
SA5045000000044054443080
Account No. 044-054443-081 (EUR)
IBAN No.
SA2345000000044054443081
Account No. 044-054443-082 (GBP)
National Commercial Bank
P.O. Box 5558
Dammam 31432, Saudi Arabia.
Phone (9663) 834 0088,
Fax (9663) 834 7251
Swift Code: NCBKSASARI
Account No. 05610001040107
IBAN No.
SA4610000005610001040107
Arab National Bank
P.O. Box 18
Phone (9663) 832 3440,
Fax (9663) 834 7309
Swift Code: ANBSARI
Account No. 0107000020490012 (SAR)
IBAN No.
SA0230400107000020490012
Account No. 6708000020490017 (USD)
IBAN No.
SA0430406708000020490017
Saudi Hollandi Bank
P.O. Box 70
Phone (9663) 894 8001,
Fax (9663) 894 8001 x 190
Swift Code: AAALSARI
Account No. 013-139-029-119 (SAR)
IBAN No.
SA46 5000000001313902 9119
Account No. 013-139-029-020 (USD)
IBAN No.
SA0350000000013139029020
Account No. 013-139-029-170 (BHD)
IBAN No.
SA2750000000013139029170
Account No. 013-139-029-500 (EUR)

IBAN No.
SA4150000000013139029500
Banque Saudi Fransi
P.O. Box 2792
Phone (9663) 825 1588,
Fax (9663) 898 5508
Swift Code: BSFSARIxxx
Account No. 21173800103 (SAR)
IBAN No.
SA565500000002117380 0103
Account No. 21173800297 (USD)
IBAN No.
SA5655000000021173800297
Account No. 21173813974 (EUR)
IBAN No.
SA5655000000021173813974
Al Rajhi Bank
Br. No. 139
P.O. Box 1362
Al-Khobar 31952, Saudi Arabia
Phone (9663) 864 3525,
Fax (9663) 864 3525 x 225
Swift Code: RJHISARI
Account No. 139608010000556
IBAN No.
SA7180000139608010000556
SAMBA Financial Group
P.O. Box 842
Al-Khobar 31952, Saudi Arabia
Phone (9663) 865 8271,
Fax (9663) 865 8277
Telex 870411 SAMBA SJ
Swift Code: SAMBSARI
Account No. 106202278
IBAN No.
SA3440000000000106202278
Riyadh Bank
P.O Box 274
Phone (9663) 833 5733,
Fax (9663) 832 1056
Swift Code: RIBLSARI
All L/Cs opened by banks located outside
Saudi Arabia must be confirmed by a Saudi
bank.
3.3 LC Opening Procedure (Within Ksa)
P.O. Box 877, Dammam 31421, Saudi Arabia

Phone (966 3) 847 1840 Fax (966 3) 847 1291
For the sum of SAR. _______________ (Saudi Riyals ________________________ only) being
____________% of the value of Zamil Steels contract proposal no._______________, rev.
no._______________, dated ___________. and advise Zamil Steel Co. L.L.C, Dammam,
through any Saudi Bank.
L/C should be payable against presentation of the following documents
1.
2.
3
4

5.

Sight Draft drawn on issuing bank.

Invoice in one original and two copies.
Packing List.
Truck Consignment Note issued by the trucking company (confirming receipt of
material for delivery to openers job site) marked freight pre-paid (if shipment is on
CPT/CIP basis) and made out to the order of the opening bank and notify openers.
Land Insurance Certificate covering ;Land Transit All Risks clauses for 110% of
shipment value.
This is applicable for Contracts with CIP Terms.
6. If Commercial Invoice requires Applicants authorized signature, the following
clause also to be added: If Applicant fails to return the countersigned
Commercial Invoice within 10 days from the date of shipment, beneficiary is
allowed to present the documents for claim without the countersignature of
Applicants authorized signature on such documents.
Other Terms:
a.
WAR RISK is not covered under land insurance
b.
Partial shipment is allowed.
c.
L/C must be valid for shipment for ninety (90) days from opening date.
d.
L/C expiry date shall be twenty one (21) days after L/C shipping date.
e. All L/C opening and amendment charges are for openers account.
Please arrange to transmit the full text of the L/C by SWIFT, being the operative instrument, to enable the beneficiary to ship our material at an early date and advise the beneficiary through telephone to collect the L/C from the advising bank.
3.4 LC Opening Procedure (Within GCC)

ZAMIL STEEL CO. L.L.C.
Phone (966 3) 847 1840 Fax (966 3) 847 1291
For the sum of SAR/USD/AED/QAR/BHD/KWD/OMR _______________)
________________________ only) being ____________% of the value of Zamil Steels contract proposal no._______________, rev. no._______________, dated ___________. and
advise Zamil Steel Co. L.L.C, Dammam, through any prime Saudi Bank with the clear
instructions to add their confirmation to the said L/C.
L/C should be payable against presentation of the following documents
1
2.
3.
4.

5.

6.

Sight Draft drawn on negotiating bank.

Packing List.
Certificate of Origin in Arabic issued by the Saudi Arabian Ministry of Commerce
and Industry as per GCC format.
Truck Consignment Note issued by the trucking company confirming receipt of
material for delivery to openers job site marked freight pre-paid (if shipment is on
CPT/CIP basis) and made out to the order of the opening bank and notify openers.
Land Insurance Certificate covering Land Transit All Risks clauses for 110% of
shipment value.
This is applicable for Contracts with CIP Terms.
Other Terms:
a. WAR RISK is not covered under land insurance
b Partial shipment is allowed.
c. L/C must be valid for shipment for ninety (90) days from opening date.
d. L/C expiry date shall be twenty one (21) days after L/C shipping date.
e All L/C opening and amendment charges are for openers account.
3.5 LC Opening Procedure (Arab Countries Other Than GCC)

Phone (966 3) 847 1840 Fax (966 3) 847 1291
For the sum of SAR/USD/Euro _______________ (Saudi Riyals/ US Dollars/ Euros
L/C should be payable against presentation of the following documents (Please check applicable boxes)
1. Sight Draft drawn on negotiating bank.
2. Invoice in one original and two copies.
3. Packing List.
4. Certificate of Origin in Arabic issued by the Saudi Arabian Ministry of Commerce
and Industry.
5. Truck Consignment Note issued by the trucking company confirming receipt of
material for delivery to openers job site marked freight pre-paid and made out to
the order of the opening bank and notify openers.
Other Terms:
a. Partial shipment is allowed.
b. L/C must be valid for shipment for ninety (90) days from opening date.
c. L/C expiry date shall be twenty one (21) days after L/C shipping date.
d. All L/C opening and amendment charges are for openers account.
3.6 LC Opening Procedure (Far East Countries):

Phone (966 3) 847 1840 Fax (966 3) 847 1291
For the sum of SAR/USD/Euro _______________ (Saudi Riyals/ US Dollars/ Euros
L/C should be payable against presentation of the following documents (Please check applicable boxes)
1.
2.
3.
4.

5.

Sight Draft drawn on negotiating bank.

Packing List.
Certificate of Origin in English issued by the Saudi Arabian Ministry of
Commerce and Industry.
Full Set of 3/3 Original Bill of Lading issued by the Carrier or their authorized
Agents made out to the Order of Opening Bank marked freight pre-paid and
notify openers.
Other Terms:
a.
Partial shipment is allowed.
b.
L/C must be valid for shipment for ninety (90) days from opening date.
c.
L/C expiry date shall be twenty one (21) days after L/C shipping date.
d.
All L/C opening and amendment charges are for openers account.
3.7 Supply Ex-Works Factory in Dammam

The value of the L/C will be payable
according to the following terms: Down
payment of 25% of the value of the L/C
will be paid upon the receipt of the L/C
and against presentation of the beneficiarys (Zamil Steel Co. L.L.C.) sight draft
& commercial invoice to the negotiating
bank. The balance of the value of the
L/C will be paid against presentation of
the:
Sight draft drawn on the negotiating
bank.
Commercial invoice.
Packing list.
Material dispatch note issued by the
beneficiary and countersigned by the
truck driver confirming receipt of
materials. OR,
Telex sent by beneficiary to openers of
the L/C through the negotiating bank,
7 to 10 days prior to the shipment date,
informing the bank that the material is
ready for shipment and requesting the
bank to make arrangements for customer pickup.
In the event that trucks do not arrive on
the specified shipping date, the
beneficiary may submit copies of invoice, certificate of origin (if applicable),
and packing list to the negotiating bank
for processing, along with a letter stating
that:
The L/C openers have not provided
trucks to collect the material. Material
will remain in the beneficiarys custody
to be transfered to the L/C openers on
the future date.
Additional Terms:
a) Partial shipment must be permitted.
b)

The negotiating / advising banks

charges will be applied to the
beneficiarys account, while the
opening / issuing banks charges
will be ap plied to the account of the
party opening the L/C
c) The negotiating bank must add its

confirmation on LCs coming out

side K.S.A.
d)

Original documents (the most

common of which are the commer
cial invoice, packing list, and
material dispatch note) are to be
hand carried by the truck driver and
duplicate copies of the same shall
be acceptable for negotiation.
This is applicable for LCs within

GCC & Arab countries.
3.8 Supply CFR Destination Port,
Sea Shipment (All Destinations)
The full value of the L/C will be payable
according to the following terms:
Down payment of 25% of the L/C value
and against presentation of the beneficiarys (Zamil Steel Co. L.L.C.) sight draft
& commercial invoice to the negotiating
bank.

The balance of the value of the L/C will
be paid against presentation of the:
Sight draft drawn on negotiating
bank.
Commercial invoice.
Packing list.
Bill of lading.
Certificate of origin, in either English or Arabic, issued by the Saudi
Arabian Ministry of Commerce and
Industry.
Additional Terms:
a) Partial shipments must be

permitted.
b) Trans shipment must be allowed.
c)


charges will be applied to the ben
eficiarys account, while the
will be applied to the account of
the party opening the L/C.
d) The negotiating bank must add its

confirmation.
The L/C value will cover the total

amount of the supply and erection
prices.
3.9 Supply FOB Dammam Port, Sea

Shipment (All Destinations)
Payment for Supply:
The value of the L/C will be payable

according to the following terms:
Down payment of 25% of the L/C value
and against presentation of the
beneficiarys (Zamil Steel Co. L.L.C.)
sight draft & commercial invoice to the
negotiating bank.
The supply CPT job site amount is

payable as follows:
Down payment of 25% of the supply CPT
job site amount is to be paid upon the
receipt of the L/C and against presentation of the beneficiarys (Zamil Steel Co.
L.L.C.) sight draft & commercial invoice
to the negotiating bank.

The balance of the supply price CPT job
site will be paid upon presentation of
the following documents:
The balance of the value of the L/C will

be paid against presentation of:
Sight draft drawn on th negotiating
bank.
Commercial invoice.
Sight draft drawn on the negotiating

bank.
Packing list.
Commercial invoice.
Bill of lading specifying freight

collect.
Packing list.
Certificate of origin, in either English

or Arabic, issued by the Saudi Arabian Ministry of Commerce.
Truck consignment note issued by the

TRUCKING COMPANY confirming
receipt of material for fur ther delivery
to job site.
Trade terms must read as FOB to any

Saudi Port.
Additional Terms:
permitted.
b) The negotiating / advising banks
charges will be applied to the ben
eficiarys account, while the opening /
issuing banks charges will be applied
to the account of the party opening the
L/C.
c) Negotiating bank must add its confirmation.
d) Openers to arrange with the shipping
lines to issue bill of lading
showing freight collect.
3.10 Supply & Erection Contracts
(Saudi Arabian Contracts only)
The L/C will remain valid for a minimum
of 180 days.
8
Additional Terms:

permitted.

b) Trans shipment must be allowed.
c)


charges will be applied to the
beneficiarys account, while the
will be applied to the account of the
party opening the L/C.
Payment for Erection

The erection price will be paid against
time drafts (dates to be determined
according to the erection period) all of
which are calculated based upon the
shipment date.
4. Approval of Zamil Steel

Drawings
4.1 When requested by the customer or

considered necessary by Zamil Steel,

approval drawings will be prepared to
ensure that Zamil Steel accurately

interprets the requirements and

specifications of the customer.
4.2 If the building is attached to an existing
building, Zamil Steel will not issue

approval drawings until a report prepared by a certified surveyor is sent
to the Zamil Steel Order Management
Department.
4.3 When approval is required, two (2) sets
of drawings are provided to the customer, free of charge. One set must be
signed by the customer and returned
to the responsible Zamil Steel Area Office bearing the notation - Approved
As Is or Approved As Noted. The
second set may be retained by the customer for future reference.Additional
sets are available for a fee of SR 300
(US$ 80) per set.
4.4 The information presented in the

approval drawings is preliminary in

nature and is not intended for uses
such as setting anchor bolts, designing

foundations and other construction

activities.
4.5 The approval of these drawings by
Zamil Steel will be accepted only in the
form of the customers (or his authorized representatives) signature,

appearing within the Approval
stamp placed by Zamil Steel on its
approval drawings. Approval by any
other means will not be accepted by
Zamil Steel.
4.6 Sets of drawings that are signed and
approved in the designated manner
will be considered final and binding.
4.7 Jobs that have been designated as
Out For Approval for a period of
more than 60 days will be subject to
the pricing schedule that is in effect at
the time the approval drawings are
returned to Zamil Steel Order Management Department. Zamil Steel
reserves the right to cancel orders that
have been designated as Out For
Approval for more than 90 days (The
customer will be responsible for

ordinary cancellation and engineering
costs) incurred up to that point in the
process.
4.8 Comments noted on returned approval

drawings, that change the previously
agreed upon scope of work, must

appear in RED INK and be accompanied by a change order that is duly
signed and accepted by the customer.
4.9 Approval drawings for standard buildings are normally submitted within two
weeks of request. Approval drawings
for more complex buildings require a
longer period of preparation time.
4.10 Approval drawings should be returned
to Zamil Steels Area Office / Head

Office within two weeks of the

customers date of recipt. A delay in

the return of approval drawings may

affect the overall project cycle, including delivery of the steel to the job site
(or port of entry).
5.
Design Calculations
(Optional)
5.1 For projects that require approval, the

structural design calculations may be
included with the approval drawings,
if requested.
5.2 Two (2) sets of structural design calculations are provided to the customer, free
of charge. Additional sets are available for a fee of SR 150 (US$ 40) per set.
5.3 Standard structural design calculations
include:

a) Material specifications & design

assumptions.
b) Design of the primary & secondary

structural framing.
c) Wind bracing design.
d)
Column reactions.
5.4 Additional engineering fees may be

levied for the preparation of design
calculations, they require a greater level
of analysis than the standard alculations.
6. Design Certificates

A certificate attesting to the structural

design integrity of a particular Zamil
Steel building, signed and stamped by
a registered professional engineer, is
available (at no extra cost) in lieu of the
design calculations.
7. Change Orders
7.1 Once a contract is signed and
accepted, any subsequent changes to
the order require a change order letter,
prepared by Zamil Steel and signed by
the customer. This letter will, describes
the specific change(s) and indicate the
impact these changes may have on
price and/or delivery of the project. No
further action will be taken by Zamil
Steel until the change order has been
signed as accepted by the customer.
7.2 The cost of any fabricated components
that are rendered useless by a change
order initiated after the start of fabrication, will be charged to the customers
account.
8. Jobs on Hold
8.1 All costs that are incurred by Zamil Steel
when a job is placed On Hold by the
customer, after the start of manufacturing, will be charged to the customers
account.
8.2 A job that is not released for production
within 90 days from the date of its entry
in the sales register, for whatever reason
(including lack of technical clarification),
will be put On Hold. Zamil Steel
reserves the right to adjust the price of
such a job according to the price rates
that are valid at the time of release from
its On Hold status.
9. Material Dispatch
9.1 The material dispatch commitment
period is measured, in weeks, from the
latest date of receipt and acceptance by
Zamil Steel offices of all of the following
job related documents:
Signed contract.
10
Acceptable letter of credit / final

accepted amended L/C.
Final change order including any
amendments to L/C price.
Approval drawings, signed and
marked as Approved As Isor Ap
proved As Noted, where applicable.
9.2 Production and dispatch schedules shall
be determined when all of the following
are fulfilled:
Receipt of the final Approved As Is
or Approved As Noted approval
drawings at Zamil Steel offices, where
applicable (see item 4).
Receipt and acceptance of the final
change order, where applicable (see
item 7).
Release to production by the Zamil
Steel Finance Department, i.e. financial clearance. This will be done
when the customer fulfills all the
contract commercial terms.
9.3 The Zamil Steel Order Management
Department regularly notifies all Zamil
Steel Area Offices of production and
dispatch schedules for the jobs entered
by each individual office.
10. Erection Drawings

10.1 The standard erection drawings

package consists of one (1) set sent to
the customer, via the responsible Zamil
Steel Area Office, and one (1) set

dispatched with the materials.
10.2 When erection is completed by Zamil
Steel, the package will consist of one
(1) set of drawings sent to the customer,
via the responsible Zamil Steel Area
Office, and one (1) set provided to the
Zamil Steel erection team.
10.3 Additional sets of erection drawings
are available upon request for SR 300
(US$ 80) per set.
10.4 By specific request only, one set of As
Built drawings will be supplied to the
customer (free of charge) after

erection is completed. As Built drawings will incorporate changes made
during erection (if any), assuming that
those changes have been communicated in writing to Zamil Steel after
completion of erection.
11. Specification Changes

& Material Substitution
11.1 Zamil Steel reserves the right to

substitute meterial equivalent to that
originally specified when a standard

inventory item is out of stock or when
product development improvements
make substitution necessary.
11.2 When special paint supplier is specified by the consultant / client, and paint
is found to have application problems
and (or) extended drying times, Zamil
Steel will recommend to substitute it
with an equivalent and suitable supplier, subject to final approval by the
consultant / client. Otherwise, delivery
period shall be extended to accommodate for the additional required drying
time.
12. Design and Supply

Exclusions
12.1 Zamil Steel supplies only materials that
are clearly described in its proposal

under Building Description and

Standard Supplied Items or covered by written, accepted and signed
Change Orders.
12.2 Zamil Steel does not supply, nor does it
accept responsibility for the design or
construction of column footings, ground
slabs, tie beams, masonry walls and

other concrete works.
12.3 Zamil Steel does not supply, nor does it
accept responsibility for plumbing

services, electrical services, air

conditioning services, or any other

material or service not specified in the
final accepted proposal, contract or
Change Order.
13. Permits and Fees

13.1 It is the customers sole responsibility to
obtain and pay for all building permits,
licenses, public assessment, prorated
utilities, utility connections, occupancy
fees as well as any other fees required
by any government authority in connection with the work provided for in the
contract.
13.2 The customer will provide, at his expense, all plans and specifications
required to obtain the building permit,
except those plans to be furnished by
Zamil Steel.
13.3 It is the customers responsibility to

ensure that all the plans and specifications, including those produced by
Zamil Steel, comply with the applicable
requirements of all the governing building authorities.
13.4 If erection is to be completed by the
Zamil Steel erection team, a copy of the

building permit must be provided to
Zamil Steel by the customer, prior to the
commencement of work. If erection work
must be deferred due to building permit
problems, the cost of such stoppages,
standing time or demobilization will be
charged to the customers account.
14. Inspection of Fabricated

Materials
14.1 Zamil Steel, an ISO 9001 certified

company, operates in accordance with
its standard Quality Plan, which specifically outlines the quality control procedures that must be followed during the
production and shipment of its products.
This plan describes the sampling techniques, types of tests conducted, control
procedures and reporting format used
in the production of all manufactured
components. The approved procedures
described in this Quality Plan are maintained within the Zamil Steel Quality
Control Department.
14.2 Inspection of Zamil Steel products at
the Zamil Steel plant by a customer,
or by his authorized representative, (if
required by a specific supply contract)
may be
11
arranged. Such inspection will be

scheduled upon receipt of a written
request for such inspection by the
customer. Inspections will be arranged
in such a manner so as not to delay
production and/or shipment. In the
event that the customer or his representative fails to conduct inspections as
scheduled, the applicable goods will
be considered Accepted and Released By Concession.
15. Material Dispatch Advice

15.1 Upon dispatch, Zamil Steel Shipping

Department will advise the responsible
Zamil Steel Area Office of the actual
dispatch date.
15.2 The customer will be notified of the

actual dispatch date by the responsible
Zamil Steel Area Office, immediately
upon the dispatch of material from
Zamil Steel factory.
16. Partial Shipments

16.1 On large jobs, it is the standard policy
of Zamil Steel standard practice to
make partial shipments.
16.2 When partial shipments are made,
Zamil Steel will endeavor to ship
erectable steel on a schedule that enables the erection process to proceed
smoothly.
16.3 When partial shipments are requested
and accepted by Zamil Steel, each

shipment will be assigned a prorated
value of the dispatched materials
based upon the accepted terms of payment covering the total job value.
17. Customer Pick-Up Shipments

17.1 Zamil Steel does not permit customer
for overseas shipments.
17.2 Zamil Steel prefers to make all overland shipments by contract carrier;
however, the customer may pick-up the
materia provided that the procedures
noted in section 17.3 to 17.5 are observed.
12
17.3 The customer must obtain an assigned

loading date and time from the Zamil
Steel Order Management Department.
17.4 The customer must provide suitable
trailers for loading by Zamil Steel.
Zamil Steel cannot load closed van
trailers and trailers with sidings.
17.5 The customers driver must check and

sign a receipt for the Zamil Steel
materials.
17.6 Customers who are not familiar with
Zamil Steels customer pick-up

procedures should request complete
information from the responsible Zamil
Steel Area Office.
18. Unloading of Material at

Job Site for Overland
Shipments (Supply Only
Contacts)
18.1 Unloading of trucks at the job site

is the sole responsibility of the
customer. The customer is expected
to provide suitable equipment for
unloading the material. If a site
is inaccessible or not ready to accept
the material, another site for unloading
must be provided by the customer.
18.2 The customer is solely responsible for
the condition of the job site in terms of
as the safety of the trucking company
driver and the Zamil Steel material.
18.3 The customer is responsible for

accurately checking the materials
upon arrival and unloading. Any
discrepancies must be indicated on the
material dispatch note.
18.4 A receiving representative of the

customer cannot refuse to accept an
entire shipment because some

portion of that shipment is damaged or
missing. Damaged materials must be
indicated on the material dispatch note
and reported to the responsible Zamil
Steel Area Office immediately.
19. Erection of Buildings

(Supply Only Contracts)
19.1 The customer will be solely responsible

for the quality of a erection of Zamil
Steel building when the erection is not
carried out by the Zamil Steel erection
team. Zamil Steel assumes no liability
for, and the customer will hold Zamil
Steel harmless in connection with any

defects in the erection of buildings or
such defects as loose connections,

missing parts, roof leaks, damaged
sheets, omission of sealer, scratched
surfaces, poor alignment, or inadequate drainage that are the result of
the erection process.
19.2 The customer will permit Zamil Steels
personnel to inspect the erection work
at any time during the erection process.
19.3 Although Zamil Steel appoints only
competent contractors as Certified
Builders, Zamil Steel is not responsible
for the quality of erection provided by
these builders. Zamil Steel Certified
Builders are independent contractors
who are certified by Zamil Steel on the
basis of knowledge and experience in
pre-engineered steel building erection
and contracting practices.
20. Erection by Zamil Steel

20.1 The Zamil Steel erection team will
undertake building erection only
on a clear, leveled, compacted and
unobstructed building foot print,
with suitable uninterrupted access
for unloading trucks and erection
equipment. A 10 meter wide access
must be provided around each
building for cladding & accessories
storage. The ground surface of all

working areas must be suitably
compacted to accommodate the use of
forklifts or cranes.
20.2 Prior to the arrival of the Zamil Steel
erection team on site, the anchor bolts
must be accurately set by other personnels. All anchor bolts set in place
must have the appropriate nuts and
washers installed on cleaned threads.
20.3 The Zamil Steel erection team may
check the position and level of the

anchor bolts prior to the pouring of the
concrete foundations. This does not

absolve the contractor from his
responsibility for accuracy. Any

addional work or rework required due
to misplacement of anchor bolts or
faulty concrete will be the responsibility of the customer.
20.4 If erection is delayed due to the

non-completion of civil works, or other
causes, Zamil Steel will not be responsible for the deterioration of the primer
paint, or the cleaning of the manufactured steel after delivery to site.
20.5 Zamil Steel will not be responsible for
any cleaning of the steel columns or
cladding after pouring of the concrete
slab.
20.6 Zamil Steel will not be responsible for
grouting under base plates after steel
erection and alignment. The customer
will be responsible for finalizing the
grouting prior to applying the design
loads including cladding.
20.7 Zamil Steel shall not be responsible for
the repair of any damage to building
components caused by others.
20.8 Any necessary repairs will be performed only upon receipt by the Zamil
Stee erection team of written notification of acceptance of the charges, by
the customer in the form of a Change
Order.
20.9 Any deviation from these standard

erection conditions will become subject to price review.
20.10 Zamil Steel reserves the right to
subcontract part or all of its erection
contract to qualified contractors who
will execute the job professionally and
in accordance with Zamil Steels strict
erection requirements.
21. Shortage of Materials

21.1 Whenever a material consignment is

received on site by anyone other than
the Zamil Steel erection team, the

dated signature of the customer or his

designated representative constitutes
a formal acknowledgment of the
correct receipt of the consignment as
related to both quality and quantity.
13
21.2 It is the sole responsibility of the

customer or his representative responsibility to check the materials before
signing and dating Zamil Steels material dispatch note to indicate acceptance.
21.3 Claims of shortages are only accepted
by Zamil Steel if received in writing
within seven (7) days of the date of the
acceptance signature.
21.4 If, after receipt of such claims, Zamil
Steel bills of materials and shipping
lists are found to be correct, replacement material will be supplied only
upon receipt written acceptance of the

additional ex-works costs and delivery
costs from the customer or his

representative.
21.5 Zamil Steel is not responsible for any
consequential claims or liabilities alleged to arise from losses or shortages.
22. Field Modifications

22.1 Minor field modifications and adjustments, in any pre-engineered building, are to be anticipated. Minor field
work does not constitute grounds for
chargebacks or refunds. This field
work should be provided for within the
contingency element of any construction estimate.
22.2 Only repairs due to major fabrication
errors may be cause for filing a claim.
Such repairs will only be undertaken
with the consultation and consent of
Zamil Steel.
23. Combined Shipments

Zamil Steel is occasionally obliged to

include a small quantity of material
(perhaps a back-order or urgent
material request) within a shipment
destined for another customer in the
same metropolitan area or territory.
All customers stand to benefit from this
mutual cooperation.
in their open yards, any or all the materials for a contract for a period not
exceeding 10 days from the scheduled
dispatch date.
24.2 Should a customer delay dispatch of
goods for a period exceeding 10 days
after the originally scheduled dispatch
date, STORAGE CHARGES will be
levied by Zamil Steel, at the rate of
0.1% of the ex-works selling price (of
the unshipped material) per day up to
a maximum of 5%.
24.3 Zamil Steel shall not be held

responsible for damage caused to the
exposed steel after it has been stored
longer than 10 days. Such damage
may include deterioration of the paint
coating.
25. Warranty
25.1 Zamil Steel warrants the materials it
manufactures for a period of one year
from the date of material dispatch.
This warranty extends only to failure
due to defective materials or workmanship, and covers only products
that are utilized in the intended manner.
25.2 Zamil Steel warrants that the structure
will support the loads described in
Zamil Steels drawings and contract
when properly erected, as part of a
complete structural system designed
by Zamil Steel and made up only of
parts made by Zamil Steel, provided
that the structure is used in the manner and purpose for which it was
designed.
25.3 No warranties are expressed or implied other than those described in
these Terms and Conditions of Sale.
24. Storage
25.4 In the event of breach of warranty, the

limit of any claim shall be the correction or replacement of defective
materials and correction of defective
workmanship.Under no circumstances
will Zamil Steel be responsible for consequential damages that are alleged
to arise from any such claim of breach
of warranty.
24.1 Zamil Steel shall store, free of charge
25.5 In the event of erection by Zamil Steel,
14
the building maintenance is warranted for 12 months from the date of provisional acceptance by the customer.
26. Force Majeure

Zamil Steel shall not be held accountable for delays in material dispatch or
delivery (after dispatch) resulting from
circumstancesoutside its control, such
as strikes, acts of war, revolution, riot
or civil disturbance, trade sanctions or
restrictions, occurrences of meteorological or geophysical nature, etc., to
the extent that these affect transport,
communications, manufacturing and/
or erection by Zamil Steel, its suppliers
and its subcontractors.
27. Cancellation of Orders

27.1 In the event that a signed contract is
cancelled by a customer, the greater of
the following cancellation charges will
apply:
10% of the total contract amount.
All actual charges incurred by Zamil
Steel (and its sub contrac tors / suppliers) up to the time of receipt of
the notice of cancellation.
27.2 Cancellation charges are due

immediately upon the receipt by

Zamil Steel of the customers notice of
cancellation.
28. Governing Law & Dispute

Resolution
28.1 This Agreement shall be governed by,
and construed in accordance with the
Laws of the Kingdom of Saudi Arabia.
28.2 Any dispute arising hereunder or from
or in connection herewith shall be
resolved amicably by discussion between the parties hereto, failing which
the parties shall submit the matter in
dispute to be finally settled pursuant to
the Saudi Arbitration Regulations. The
arbitration shall take place in Dammam, Saudi Arabia.
No changes in these terms and conditions shall be

allowed unless agreed to, in writing, by the General
Manager of the Pre-Engineered Buildings Division at
Zamil Steel Head Office in Dammam, Saudi Arabia.
15
11
March 2012

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