1. DEFINITIONS |
1.1 Products- any kinds of product ordered by the customer
will be considered as a product.
1.2 Services- any additional services required by the
customer in addition to products.
1.3 Invitation to offer- the information published on the will
be considered as invitation to offer.
1.4 Offer- the communication by the customer for placing the
order.
1.5 Acceptance- the quotation accepted by the customer that
was referred to by the company .
1.6 Contract- acceptance of quotation quoted by the
company and following the below mentioned terms and
conditions as a contract.
1.7 Arbitration clause- 11.3 of the following contract to be
referred as to arbitration clause.
1.8 Company/ company- both are to be read in the same
sense.
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2.GENERAL |
2.1. The content displayed on the pages of this Website is for
sole purpose of providing general information and use
only. It is subject to change without notice. Unauthorized
use of this Website may give rise to a claim for damages
and/ or be a criminal offence.
2.2. This Website is managed using cookies to monitor
browsing preferences.
2.3. The user placing order or doing any professional
communication must be major and competent to
contract as per Indian law i.e.- 18 years and above.
2.4. By browsing and visiting the Website you agree that you
have read and understood these Terms of Use and you
agree to be bound by these Terms of Use and use these
Services in compliance with the Terms of Use.
2.5. By browsing and visiting the Website, you consent to
conduct transactions and receive communications,
notices and information from us electronically, whether
sent by E-mail, or other electronic means. Electronic
communications shall be deemed to have been received
by you when we send the electronic communication to
the E-mail address / mobile number as per our records, or
when we post the electronic communication on the
Website.
2.6. Violation of terms in any kind would result into legal
liability. The terms of use does not effect any rights of
third parties.
2.7. The use of website is construed to be only for legal uses
and any kind of illegal activity detected would constitute
into a legal offence.
2.8. Before taking any action or placing any order via
website, a conversation with concerned personnel is
required as the content edited due to cyber attacks wont
be a part of liability of the owner.
2.9. The company is authorised to ask for the valid
documents depending on the scenario and situation that
will be kept confidential.
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3.RESTRICTIONS ON USERS |
3.1 Users are restricted to use the information provided on
website for illegal purposes.
3.2 Users are restricted from placing fake orders or to indulge
the owners into illegitimate conversation without aiming to
create any legal relationship.
3.3 Users are prohibited to produce or display any information
that belongs to third party and for which the user is not
authorised.
3.4 Users are prohibited from sharing any content on website
which is harmful, harassing, pornographic, racially or
ethnically objectionable or is related to or encourages
money laundering or gambling or harmful in any other
manner.
3.5 Users are restricted from sharing any such information
which misleads the addressee about the origin of such
messages or any thing that is grossly offensive.
3.6 Users are prohibited to upload any document or code that
contains software viruses or destroys the functioning of
website or computer system of addressee. |
4.ACCURACY OF INFORMATION |
4.1 The company is not responsible for the accuracy of
information published on website due to increasing
cyberattacks. It is recommendable to contact concerned
authority before proceeding for any kind of contractual
relation.
4.2 Reliance solely on the contents of website for any
product or service is at own risk of user.
4.3 The price and other aspects of products are subject to
change without prior information to the users of website.
The confirmation needs to be sought through addressee.
4.4 The company shall not be liable for any such
modifications, changes or suspensions or discontinuance
of any product or services.
4.5 The company reserves the right to correct any errors,
inaccuracies, or omissions and to change or update
information or cancels orders at any time without prior
notice including after submission of order to the
company. |
5. PAYMENT AND INSURANCE |
5.1 Advance payment is necessary to be made and the
amount will depend on the quantity, distance and other
factors.
5.2 Delay in payment will lead to delay in shipment by each
day.
5.3 Liability of refund payment is limited on part of company,
the company is not liable to pay for the non-custom
clearance of other countries. The same has to be covered
by the customer itself.
5.4 No shipment in case if conditions me mentioned in clause
5.3 occurs.
5.5 The insurance amount will have to paid in addition to
shipment charges and will have to be paid in advance
only which will vary depending on quantity, distance and
mode of transportation.
5.6 In case of no insurance, the company will not be liable for
payment of lost shipment or any damage caused to the
shipment.
5.7 The payment of inspection of the shipment will be done
on the cost of customer.
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6. SAMPLE AND SHIPPING POLICIES |
6.1 The company shall charge for the samples for all kinds
of products & services.
6.2 Shipping costs are additional and non-refundable.
6.3 The Shipping costs would vary as per location and order
size.
6.4 Shipping costs shall be payable by the Users only.
6.5 The shipping time also varies as per location. A tentative
shipping datewould be specified in the invoice along with
the shipping cost.
6.6 Products would be shipped within 30-60 working days
but may vary differently in case of national and
international shipments.
6.7 Speed deliveries may be requested and would incur
additional costs.
6.8 In case of returns too, you will be responsible for paying
for your shipping costs for returning your item. If you
receive a refund, the cost of return shipping will be
deducted from your refund.
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7.COPYRIGHT AND TRADEMARK |
7.1 Company warrants that any Product, Software or Service
furnished hereunder that has been manufactured,
developed or performed by Company or any affiliate of
Company, as applicable, shall, without any alteration or
further combination, be free of any rightful claim of any
third party for infringement of any valid patent in the
country the Company delivers the Product, Software or
Service to the Customer.
7.2 If Customer notifies Company within fifteen (15) days of
the receipt of any claim that such Product, Software or
Service infringes a patent and gives Company
information, assistance and exclusive authority to settle
and defend such claim, Company shall, at its own
expense and in its sole discretion: (i) settle or defend
such claim or proceeding arising therefrom and pay all
damages and costs awarded therein against Customer,
(ii) procure for Customer the right to continue using such
Product, Software or Service; (iii) modify the Product,
Software or Service so that it becomes non-infringing;
(iv) replace the Product or Software with an equivalent
non-infringing Product or Software or re-perform the
Service with a non-infringing Service; or (v) remove the
Product or Software or reverse the Service performed
and refund the applicable price paid (less reasonable
depreciation) and any transportation or installation costs
that have been separately paid by Customer.
7.3 Company’s exclusive and entire liability for
indemnification for patent, trademark, copyright, and
trade secret infringement for Products, Software and
Services are covered under this section.
7.4 Each party shall retain ownership of all Confidential
Information and intellectual property it had prior to the
Contract. All new intellectual property conceived or
created by Company in performing the Contract, whether
alone or with contribution from Customer, shall be owned
exclusively by Company. Customer agrees to deliver
assignment documentation necessary to achieve that
result.
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8. MODE OF COMMUNICATION |
8.1. Every communication regarding quotation, offer,
suspension, dispatch and receiving of shipment
agreement and all other communications covered under
this contract are to be made by the E-mail on the official
E-mail ID of the company.
8.2. Any communication made via phone call will be recorded
by the company for security purposes.
8.3. Communication made on any other E-mail ID other than
official E-mail ID of the company will not be considered
as a valid communication.
8.4. Any legal issues raised in pursuance to contract will
cover only the communications made via E-mail on the
official E-mail ID.
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9.TERMINATION AND SUSPENSION |
9.1 The contract can be terminated by the customer if the
company becomes insolvent or breaches the contract
in any manner. However, the communication of
termination should be made by explaining the cause of
termination. The company must be given 60 days
period for curing the breach, failing to do so the
customer can terminate the contract.
9.2 The company can suspend or terminate the contract
immediately if the customer breaches any terms and
conditions of contract and fails to comply to any of
the notices sent by the company via E-mail.
9.3 In case of suspension by the customer, the company is
entitled to retain any kind of advance payment made
by the customer beforehand along with security
deposit an make the reasonable payment of expenses
incurred by the company.
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10.FORCE MAJURE CLAUSES |
10.1 The force majure clause remains invoked
automatically in case of unavoidable circumstance
and no resume period would not be ascertained and
this period will run without any limitation. A notice
about the same will be given via formal
communication channel.
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11.GOVERNING LAW AND DISPUTE RESOLUTION |
11.1 The Contract and any dispute, controversy, or
proceeding arising out of or relating in any way to this
Contract, whether in contract, tort, common law,
statutory law, equity, or otherwise, including any
question regarding its existence, validity, or scope, shall
be governed by and construed in accordance with the
laws of India without giving effect to any choice of law
rules that would cause the application of laws of any
jurisdiction other than those of the State of Delaware
(the "Governing Law).
11.2 Any dispute, controversy or claim arising out of or
relating in any way to this Contract, whether in contract,
tort, common law, statutory law, equity, or otherwise,
including any question regarding its existence, validity,
or scope, shall be resolved in accordance with
arbitration. If a dispute is not resolved by negotiations,
either party shall, by giving written notice that
summarizes the nature of the dispute, refer the dispute
to a meeting of appropriate higher management, to be
held within thirty (30) days after the giving of notice, or
such later date as may be mutually agreed. If the dispute
is not resolved at the senior management level, the
parties shall, within thirty (30) days of the management
meeting, or such later date as may be mutually agreed,
depending on the location of head office of the company.
11.3 either party may commence arbitration or court
proceedings as set forth below.
- either party who commences arbitration can appoint an
arbitrator.
- the seat of Arbitration would be Raipur, Chhattisgarh, India.
- the procedures have to followed as per Arbitration and
Conciliation Act, 1996.
- The decision of arbitrator would be final.
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