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ANNEXURE- IV
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COMMERCIAL TERMS AND CONDITIONS
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This proposal is subject to the following conditions of
Sale. No variation/s or alteration/s
or addition/s to these conditions will be binding on us, notwithstanding that
such variation/s, alteration/s, addition/s are contained in your acceptance of this proposal, except
when they are specifically accepted in writing by us.
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1.
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Validity: - This proposal is valid for a period of 30 days from date
hereof and thereafter subject to our written confirmation.
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2.
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Specifications: - In line with our policy of continual improvement we
reserve the right to modify the design and change the specifications of any
material, if in our opinion such modification constitutes an improvement or
is in accordance with revised standards or manufacturing methods. Therefore, specifications, illustrations,
dimensions and weights given or agreed
to by us in our proposal, catalogues, drawings, photographs etc are not binding in detail.
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3.
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Price: - The
quoted prices are as per the Costing Sheet.
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4
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Our
offer does not include any Octroi / Toll / Cess / Entry or similar tax. The same will be payable by you directly to
the authorities.
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5.
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Insurance:
- Insurance during transit will extra and will be in
customer scope if demanded by the customer.
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6.
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Delivery Period: - The
equipment shall be ready for dispatch in approximately 8 weeks from the date
of receipt of acceptable order and advance payment and approved
drawings. While we shall Endeavour to
meet the agreed delivery date, under no circumstances, we shall be liable for
any damages, cancellations or otherwise for failure in meeting the delivery
date.
Installation: - 1-2 weeks from the date of receipt of material at site,
provided all the works in your scope are ready by the time, the material
reaches the site.
Godown/Store Charges :- If
customer donot pick the material
within 02 months after releasing the order than material will be
shifted to store from factory and rental charges of Rs 2000/- per day will be
paid by customer .
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7.
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Terms Of Payment: - 50% advance with order & balance on intimation of
readiness of dispatch or against inspection at our Warehouse. In case of
Imported Items the payment terms will be 100% advance with irrevocable LC.
For Installation- 50%
mobilization advance along with order and balance 50% against completion..
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8.
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Warranty: -
1 year warranty against any manufacturing defect.
Subject
to terms of payment agreed upon being punctually complied with and the
equipment being operated properly, The machinery covered by this contract
carries a warranty against manufacturing defects for period of 1 Year warranty. If any part of the equipment is put to use
earlier for any reason, whatsoever, the warranty period will commence from
the date of such use.
We agree to repair / replace such parts which may
prove defective and which do not fail from neglect or misuse or faulty
operation.
(A)This Warranty:
i.
Does
not extend to consequential damage or loss;
ii.
Is
null and void if repairs and modifications are carried out without our
approval in writing;
iii.
Does
not cover damage due to normal wear and tear;
iv.
Does not cover deterioration or failure of equipment,
controls, due to corrosive atmosphere, rusting;
v.
Does
not cover supply of consumables items like refrigerant, oil etc.
vi.
Does
not cover damage due to fluctuation in voltage or machine without good
quality servo .
vii.
Ticket,
Stay & Food, Drinking Water Service Team in warranty Beyond Delhi NCR in
your Scope
B. Extended Warranty: - It will be entertained as Comprehensive
annual maintenance contract on chargeable basis.
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9.
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Property Rights and
General Lien: - As unpaid vendors we shall retain the property rights in
the equipment and material supplied by us under this contract and our rights
of lien and
resale, until full value thereof as per our bill is paid
to us. We shall also be entitled to a
general lien on our equipment and material in customer's possession under the
contract for monies for the time being due to us from the customer, on any
account and shall be entitled to apply payment already received to monies due
to us under any other order or orders.
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10.
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Cancellation Charges: - If any
order or part of the order is cancelled, the same shall be subject to
cancellation charges including compensation for costs, expenses and losses
incurred by us up to the date of cancellation. As this is customized item so
cancellation charges would be 25 % of the total order value .
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11
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Limitation to
Liability :- In no
event shall we be liable for any consequential loss or damage arising out of
or connected with this order in any way whatsoever
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12.
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Force Majeure: - No penalty / liability shall be attached to us for
non-performance or delayed execution of this order as a result of force
majeure.
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13
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Arbitration: - In case
of any dispute or difference arising out of this contract the same shall be
referred to Arbitration by a panel of three Arbitrators, one each to be
appointed by either party or the third by the two Arbitrators so
appointed. The provisions of the
Indian Arbitration and Conciliation Act, 1996 shall apply to such
Arbitration. The Arbitration
proceedings will be held in New Delhi.
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14.
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Jurisdiction :- This agreement shall be subject to the exclusive
jurisdiction of the Courts in the City of Delhi
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