Terms and Condition
40% advance payment (non-refundable with order and balance against readiness of goods
Gst will be applicable at actual
RETENTION OF TITLE OF GOODS
The goods (including materials, components and accessories) delivered by the company will only be transferred to the buyer when the buyer has paid all the sums owed to the company on any account whatsoever. Prior to realization of all such payments the company retains ownership of the goods.
ORDER CANCELLATION AND RESCHEDULING DELIVERY
In case of order cancellation for any reason(s), the entire amount received as payment, including advance payment against pro-forma invoice, shall be forfeited and no refund or reimbursement shall be made arising from or in connection with the cancellation/termination irrespective of the duration from the date of order placement. Buyer also should promptly reimburse seller for the appropriate costs of manufactured stage of order and within time as would be decided by seller.
the company shall notify the buyer in writing to accept delivery of the said goods within further one week of grace period. If the buyer fails to accept the delivery within this grace period, the company is entitled to divert the machine to other buyers and a new purchase order has to be raised by the buyer as per the prevailing prices at that time or otherwise agreed between the parties.
Transit-cum-commissioning insurance is to be covered by consignee at their account and risk. We shall intimate dispatch and/or consignment tracking details to buyer through phone/email after consignment leaves our factory/warehouse.
All bought out items and manufactured parts supplied by us as a part of equipment are to give trouble free performance and operations for the following period:
Bought out :
16 months from the date of order confirmation
24 months from the date of readiness
The warranty extends to cover any manufacturing defects or defects due to bad workmanship in quality of materials. During this period we are ready to undertake either to remedy the defects or to replace the defective component which might be damaged or found defective owing to faulty material, design or workmanship. Our warranty ceases if supplied items are mishandled or overloaded. Warranty does not cover parts subject to normal wear & tear and moulds.
No warranty is made with respect to:
- any product which has been repaired, disassembled, or altered in such a way in our judgement, as to affect the product adversely.
- any product which has, in our judgement been subject to negligence, accident, improper storage, or improper installation or application.
- any product whose performance or fitness for service is alleged to have been adversely affected due to the passage of, or exposure to materials, environments or operating conditions with abrasive or corrosive characteristics.
- any product which has not been operated or maintained in accordance with normal practice and with the recommendations and guidelines as stipulated by us in our operation manual.
- components or accessories manufactured, warranted and serviced by others during the warranty period.
bought-outs furnished by us but manufactured by others are warranted only to the extent of the original manufacturer's warranty.
The following components are not included in warranty i. E. Electrical components, motors, controls, burner's parts, consumables etc..
Warranty in case installation not done by us: it will cease as soon as the dispatch is delivered at agreed point of dispatch per dispatch terms.
GENERAL WARRANTY PROVISION
The conditions of warranty and warranty period are as stated in the specific warranty statement for each product manufactured by us. Commodities not manufactured by us are warranted only to the extent and in the manner warranted to us by the manufacturer and then only to the extent we are able to enforce such warranty. We have not authorized anybody to make representation or warranty other than the warranty contained in the specific warranty statement. No statement, representation, agreement, or understanding, oral or written, made by any agent, distributor, representative or employee of the company which is not contained in this warranty will be binding upon the company unless made in writing and executed by the officer of the company.
Buyer will save us harmless from any loss, claim or damages caused by negligence on the part of the buyer in the servicing, repair, modification, assembly, demonstration, or application of equipment furnished by us.
LIMITATION ON LIABILITIES
In no event we shall be liable for any and all claims damages, losses and injuries arising out of or relating to product performance or breach of any term. In no event we shall be liable for any incidental, special or consequential damages, including but not limited to loss of profits, business or goodwill, loss of use of equipment or facilities, incurring of machinery or facility downtime.
All claims must be communicated to us in writing to a company sales/service person and with their prior approval, against with some formal number will be generated. All such goods must be dispatched freight and all relevant costs prepaid only and within 15 days of number generation. Failure to do so may result in refusal of the dispatch and/or warranty claim, delay in handling and/or additional charges at the sole discretion and option of the company.
CLAIMS AND REMEDIES
All products must be thoroughly inspected by the buyer within 15 days of receipt of goods for purposes of identifying any defects in the condition of the goods. Written evidence of the date and results of this inspection must be kept and maintained by the buyer as a condition of any remedy. Claims respecting the condition of goods, compliance with specifications or any other matter affecting goods dispatched to buyer must be presented in writing to us promptly and, except where expressly specified otherwise, such claims are waived if not presented in writing to us within 15 days of their discovery by the buyer. In no event shall any goods be returned, reworked or scrapped by buyer without the express written and signed authorization from us.
In the event that a claim is presented, buyer's sole and exclusive remedy against us is for repair or replacement of the goods that are the subject of the claim. The repair or replacement shall be made at our sole discretion and option and only after buyer has proved the deviation and complied with any conditions of remedy, and only where, in our judgement, the claim is material and valid.
Buyer shall hold us harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with buyer 's designs, specifications and / or instructions. Any compliance or violation issues arising due to buyer's designs, specifications and/or instructions or that of third party designs, specifications and/or instructions will be the entire responsibility of buyer including but not limited to any or all claims made on us.
We shall be under no liability for delay in delivery if we or our vendors are prevented from discharging our respective obligations under the contract for causes beyond our control including but not limited to war (whether declared or not), invasion acts of enemies, hostilities, riots, civil commotion, labour disturbances, strikes, lockout, layoffs, mutiny, insurrection rebellion, revolution, epidemics, accidents, sabotage, fire, floods earthquake, government orders and restrictions, legal enactments lack of transport facilities, interruptions or restrictions in power supply, damages or breakdown of plant machineries and equipment or any other acts of god/nature
This offer/order confirmation supersedes all earlier communication, quotations, terms and conditions, offers and negotiations submitted by our company.
Any condition or other matters relating this quotation/pro-forma invoice not expressly stipulated will be matter of mutual discussion and agreement at the time of as and when required. If an order is placed, all the above conditions of sale stand automatically accepted by buyer. Seller and buyer unconditionally agree for all arbitration proceeding, which may arise in respect of transaction in question courts at ahmedabad (india) shall alone have exclusive jurisdiction and no other court whatsoever.