Terms & Conditions
- GENERAL: These general terms and conditions of sale are between Buyer and Seller, and along with other written specifications, quotations or suppfiemental terms that may have been provided by Seller, will control the sale of all goods and services (The Products) by Seller to Buyer. These terms and conditions apply whether the sale occurs due to verbal or paper based orders or my form of electronic commerce and represent the entire agreement between Seller and Buyer for that purpose. If not otherwise agreed to, Buyer’s receipt or acceptance of delivery of any of the sold products alone will constitute its acceptance of these terms and conditions. Seller objects to any term or condition that may be proposed by Buyer or that may appear on or is referenced in Buyer’s purchase order or requisition or payment remittance that is in addition to or otherwise not consistent with these terms and conditions. No addition or modification to these terms and conditions will be binding on Seller unless agreed in writing.
- DELIVERY TERMS: Delivery terms are Ex Works or Ex- Warehouse Seller’s facility (or Seller’s supplier’s facility in the event of a direct factory shipment) or as otherwise agreed to as stated on Seller’s order acknowledgment. In all cases, title transfers to Buyer upon the earlier of Seller’s delivery to Buyer or receipt by the first carrier for transport to Buyer, except that title to all intellectual property rights associated with the Products remains with Seller’s suppliers or Product licensors. Where applicable, prepaid shipping will be billed to Buyer as a separate invoice item. Claims for shortages, errors, or unsatisfactory stock must be made in writing no five (5) days after receipt of shipment.
- DELAY IN DELIVERY: Seller’s acknowledged shipping dates are approximate only, and Seller disclaims all liability for late delivery. Seller is not accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time or other circumstances whether or not caused by circumstances under Seller’s control. Factory shipment or delivery dates are the best estimates of Seller’s suppliers, and in no case shall Seller be liable for any consequential or special damages arising from any delay in shipment or delivery for any reason.
- WARRANTY AND INTELLECTUAL PROPERTY DISCLAIMER: Buyer acknowledges that Seller is an independent reselling the Products for Seller’s own account, and not as an agent of any product manufacturer or service provider. All the materials, equipment’s, workmanship shall be new and free from defects and shail be suited in all respects for the purpose for which it is purchased by the Buyer or specified earlier in the offer. The warranty is only for mechanical deficiencies, if any and not for operational deficiencies. Warranty period for theregular and continuous operation of the Equipment is as follows:
a) For all industrial machinery part – 12 month for the date of supply.
b) Normal Wear and tear parts are excluded from the warranty period or from the warranted supply.
c) For all rubber hydraulic hose – 6 month warranty.
- DESCLAIMER AND LIMITATION OF LIABILTY: To the fullest extent permitted by applicable law, seller shall not be liable for any consequential, incidental, prospective, remote, special or speculative damages and/or indirect damages, expenses or losses, including loss of profit, loss of production, loss of any contract or anticipated savings or for any financing cost or increase in operating costs or for any other pure economic losses of similar nature and the like. SELLER’S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES FOR WHICH IT IS FOUND RESPONSIBLE, WHETHER OR NOT INSURED, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WILL NOT EXCEED SELLER’S SELLING PRICE TO BUYER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY.
- RETURN POLICY: The whole machine will not RETURN, the part that is under warranty will be REPLACE When the warranty goods are returned, the buyer will have to pay from both the sides transport . one month after goods replace If the factory does not reach inside, then its charge will start.
- FORCE MAJEURE: Seller and its suppliers will not be liable for any loss, damage or delay arising out of Seller’s failure or that of Seller’s supplier to perform due to causes beyond Seller’s or its suppliers’ reasonable control, including without limitation, acts of God, acts or omissions by Buyer or other parties not under Seller’s or its suppliers’ direction and control, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, acts of terrorism, delays in transportation, or transportation embargoes. In the event of delay, Seller’s performance date(s) (or that of Seller’s supplier, as the case may be) will be extended for a length oftime as may be reasonably necessary to compensate for the delay.
- EXPORT CONTROL: Products and associated materials sold by Seller may be subject to various export laws and regulations. It is the responsibility of any IMPORTER to comply with those laws and regulations. In the event that local law requires authorization for the IMPORT of any Product or associated technology, no delivery can be made until that authorization is obtained, regardless of any accepted order or promised delivery date. In the event that authorization is denied, Seller (and Seller’s supplier, if applicable) will be relieved of any further obligation to the sale or delivery of the Products subject to the denial without liability o1any kind to Buyer or any other party. Seller will not comply with boycott related requests except to the extent permitted by Indian laws and then only at Seller’s discretion.
- FACSIMILE AND OTHER ELECTRONIC TRANSMISSION: Any documents which are sent by facsimile or other electronic means may be accepted as originals unless the recipient timely requests an original to be sent by some other means. Voice messages may be deemed equivalent to other electronic or written documents subject to appropriate verification of the identity and relationship of the person speaking.
- APPLICABLE LAWS, SETTELEMENT OF DISPUTES: Any Dispute arising under this Agreement shall be governed by the Indian laws of Contracts, and shal be resolved in the Courts in Ajmer or such Courts with jurisdictionover the country in which the pertinent Suppliers Company or its Branch is situated,The parties will try to settle all disputes, which may arise out of or in connection with the contract by means of negotiations. Any dispute, controversy or claim which parties fail to settle by means of negotiations and which may arise form or in connection with this contract are subject to settlement through Arbitration composed of single Arbitrator using rules with Arbitration.The language to be used in the arbitral proceedings shall be in Hindi and English. The contract shall be governed by the Laws of India and subject to jurisdiction of court in Ajmer (Raj.)
- LEGAL SUCCESSION AND ASSIGNMENT: Orders are binding for the legal successor of the buyer or the seller.The rights and obligations as determined in the Agreement and these General Terms and Conditions may not be assigned by either the buyer or us without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. The above mentioned will not apply in case of assignment by the buyer or us to its legal successor(s). Such an assignment will be valid upon the notification of other party in writing (including telefax and e-mail).
- WAIVER: No failure or delay by seller in exercising any rights, whether occurring once or multiple times, shall be construed as a waiver of seller’s rights to require strict compliance with any one or more of these terms and condition.
- NOTICE: All notices / communication be Meen the parties need to be addressed to their principal place of business or to their Registered office address as recorded in the books of the parties.
- EREC. & COMM: Seller will arrange site engineers, they will only supervise the erection and commissioning of the machines and buyer have to arrange required labor and staff and all masonry work included material. Seller will installing machine free of cost / chargeable per day. Buyer have to arrange power connection. Accommodation and suitable Food Facility Provided By Buyer for site engineer
- DAYS: Maximum days installation – 3 Days. Trail and Training Days – 3 Days after installation and trial test buyer will give work completion certificate.
