Terms and Conditions

1. Introduction2. Goods and Services3. Orders4. Pricing and Payment5. Delivery & Risk Allocation6. Cancellations & Refunds7. Claims & Returns8. Liability Limitation9. Force Majeure & Logistics Challenges10. Governing Law & Dispute Resolution11. Reference to Online Terms12. Amendments

Sales & Trade Terms & Conditions

1. Introduction

These Terms & Conditions govern all sales of goods and services by Amber Wave Trading Services LLC (“Seller”). By placing an order, the Buyer agrees to be bound by these Terms & Conditions, together with any additional conditions referenced in the Proforma Invoice and the latest version published on www.amber-wave.net.

Acceptance is deemed final and enforceable once the Buyer:

  • Signs the initial Proforma Invoice, or
  • Initiates any advance payment, or
  • Issues a Letter of Credit in favor of the Seller.

2. Goods and Services

Amber Wave Trading Services LLC specializes in the international trade of raw materials, chemicals, minerals, fertilizers, and other commodities. The company provides integrated trade and logistics services, including but not limited to: shipping, freight forwarding, customs clearance, warehousing, and supply chain management.

The Seller ensures compliance with applicable trade regulations but does not guarantee market-specific import permits, licenses, or authorizations unless explicitly agreed.

3. Orders

  • All orders are subject to the Seller’s written acceptance.
  • A Proforma Invoice issued by the Seller constitutes the binding commercial contract.
  • The Seller reserves the right to reject any order at its sole discretion, without obligation to provide justification.
  • Any modification, cancellation, or deferment requested by the Buyer must be expressly agreed in writing by both parties.

4. Pricing and Payment

  • Prices are confirmed only upon signing of the Proforma Invoice.
  • Payment methods:
    • 100% Advance Bank Transfer, or
    • 100% Irrevocable, Confirmed, Non-Transferable LC from a top-25 international bank, payable at sight against shipping documents and third-party inspection.
  • All taxes, duties, tariffs, and levies outside Oman are the sole responsibility of the Buyer.
  • Payments to unverified or unauthorized bank accounts are at the Buyer’s own risk.

5. Delivery & Risk Allocation

  • Standard delivery term: CFR (Cost & Freight) unless otherwise agreed in writing.
  • Delivery dates are estimates only and subject to carrier schedules, port handling, customs procedures, and other logistics factors.
  • The Seller shall not be liable for delays arising from:
    • Port congestion, strikes, or labor disputes
    • Shipping line or airline delays, rescheduling, or cancellations
    • Force majeure events (war, sanctions, embargo, natural disasters, epidemics, political unrest, etc.)
    • Customs inspections, regulatory changes, or governmental restrictions
  • Risk of loss passes to the Buyer once goods are loaded onboard the vessel or transport, unless agreed otherwise.
  • The Seller is not responsible for inland transport delays beyond the port of discharge.

6. Cancellations & Refunds

  • Once a Proforma Invoice is signed or advance payment made, the order is final and non-cancellable.
  • Refunds are not guaranteed and remain solely at the discretion of the Seller.
  • If a refund is exceptionally granted, it may be subject to deductions for:
    • Restocking fees
    • Administrative charges
    • Banking/transfer costs
    • Any logistics, inspection, or shipping costs already incurred.

7. Claims & Returns

  • Written Notice: Any claim regarding quality, shortage, or damage must be submitted in writing within 10 (ten) calendar days of receipt of goods.
  • Mandatory Supporting Evidence:
    • Independent laboratory analysis, and
    • Official warehouse inspection report.
  • Claims without full documentation or submitted late will be automatically rejected.
  • Returns are only possible with prior written authorization. Returned goods must remain sealed, in original condition, and available for Seller inspection.

8. Liability Limitation

  • Seller’s liability is strictly capped at the net invoice value of the disputed goods.
  • The Seller shall not, under any circumstances, be liable for:
    • Loss of profit or revenue
    • Business interruption or reputational damage
    • Penalties, demurrage, or detention fees charged by carriers or ports
  • The Buyer waives any right to indirect, consequential, or punitive damages.

9. Force Majeure & Logistics Challenges

The Seller shall not be liable for any failure, delay, or non-performance caused by circumstances beyond its reasonable control, including but not limited to:

  • Port congestion, vessel unavailability, or transshipment delays
  • War, embargo, sanctions, or government restrictions
  • Natural disasters, epidemics, or states of emergency
  • Strikes, labor shortages, or carrier insolvency

In such cases, performance deadlines shall be extended for the duration of the disruption, without penalties or liability to the Seller.

10. Governing Law & Dispute Resolution

  • Primary Dispute Resolution: Any dispute shall be finally resolved by arbitration under the LCIA Rules (London Court of International Arbitration).
    • Seat of Arbitration: London, United Kingdom
    • Governing Law: England & Wales
    • Language: English
    • The award shall be final, binding, and enforceable under the New York Convention (1958).
  • Supplementary Governing Law: For enforcement within Oman, these Terms are additionally governed by Omani Law, and recognition or enforcement may be sought in the competent Omani courts.

11. Reference to Online Terms

The Buyer acknowledges and accepts that the latest version of these Terms & Conditions published at www.amber-wave.net shall always apply. The version currently applicable is 01/06/2025, unless superseded by an updated version posted online.

12. Amendments

The Seller reserves the right to amend these Terms at any time without prior notice. Updates become effective immediately upon publication on the company website.

(Effective: June 1st, 2025 – Last Updated)