1. General 

These general terms and conditions apply to all tenders and offers from Al Niser For Inspection & Conformity (hereinafter called “NIC”) and to all orders issued to NIC, as well as to all services provided by NIC. Terms and conditions of the principal shall not be binding upon NIC. Deviations from these general terms and conditions shall only apply if and in as far as they have been accepted by NIC in writing. These general terms and conditions also apply to all orders issued to NIC for the performance of which third parties are to be involved.

2. Tenders 

All tenders issued by NIC are free of engagement, unless the tender mentions a term for acceptance. Oral agreements by NIC or by its staff shall only be binding upon NIC after and in as far as they have been confirmed by NIC in writing. The prices in said tenders are exclusive of TAX, unless indicated otherwise.

3. Performance by third parties 

NIC shall be entitled to have the activities carried out by one or more third parties. NIC shall be authorized to transfer its legal relationship with the principal to a third party. The principal herewith grants NIC irrevocable permission for such a transfer.

4. Payment 

Payment should be effected within 30 days after the date of invoice, unless specified otherwise, in a way to be specified by NIC and in the invoiced currency. After the term of 30 days after the date of invoice has expired, the principal shall be in default; from the moment of being in default the principal shall owe an interest over the claimable sum of 1.5% cumulative per month or part of a month during which the default continues, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply.

5. Competence

All legal relationships between parties are exclusively subject to Libyan law. Unless parties mutually agree otherwise in writing, any disputes shall be settled by the competent judge in Tripoli in the Arabic language.

6. Keeping of samples

NIC undertakes to keep available to the principal the samples that NIC has in its possession for a period of 180 days, after which NIC shall be entitled to dispose of the samples and after which any right to a claim on NIC on account of or in connection therewith shall be void. The period of 120 days commences on the day on which the last activities with respect to the samples were performed.

7. Dissolution

In the following cases claims of NIC on the principal shall become immediately payable :

• if after the agreement has been concluded, circumstances that have come to the notice of NIC give NIC good reason to fear that the principal shall not be able to fulfill his obligations
• if at the conclusion of the agreement NIC has requested the principal to give security for fulfillment and this security fails to materialize or is insufficient.

In the cases mentioned NIC shall be authorized to suspend the further performance of the agreement, or to proceed to extra judicial dissolution of the agreement, all this without prejudice to the right of NIC to claim compensation.

8. Liability

By entering into any agreement NIC undertakes a commitment to make an effort and in no case a commitment to produce a result. NIC shall not be liable for trading losses or any other damage whatsoever (either to third parties or to the principal), barring if caused by intent or gross negligence on the part of NIC or its subordinates. Principal shall protect NIC as to that. If any exclusion from liability does not apply, the liability of NIC shall be limited to an amount equal to ten times the invoice value of the services supplied as a result of which or in connection with which the damage was caused. – The liability in as far as covered by the liability insurance of NIC shall also be limited to the amount paid out on the policy concerned. NIC shall never be liable for consequential damage.

9. Complaints

Any complaints in connection with the performance of activities by or on behalf of NIC have to be submitted to NIC by registered letter within 10 days after the principal has established the shortcoming, or should in reason have been able to establish the shortcoming, but at the latest within four weeks after termination of the activities, in default of which any claim on NIC with respect to those activities shall become void.

10. Force majeure

In addition to that which is understood as force majeure in the law and jurisprudence, in these general terms and conditions force majeure is understood to be all external causes, foreseen or unforeseen, on which NIC cannot exercise any influence, but which prevent NIC from fulfilling its obligations.

NIC also has the right to refer to force majeure if the circumstance that prevents (further) performance occurs after NIC should have fulfilled its obligation.

During force majeure the obligations of NIC are suspended. If the period during which force majeure prevents NIC from fulfilling its obligations is longer than two months, both parties are authorised to have the agreement dissolved extra judicially, in that case without any obligation to pay compensation.

If NIC when the force majeure occurs has already partially fulfilled its obligations, or can only partially fulfill its obligations, NIC shall be entitled to invoice the already performed or feasible part separately and the principal shall be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already performed of feasible part does not have any independent value.

11. Alteration and location of the terms and conditions

The applicable version shall always be the most recently registered version or the version that applied at the time that the order in hand was established.

These General Terms and Conditions have been filed in the Arabic and English language. In case of conflict of said two texts the Arabic text shall be decisive.