Sales Terms and Conditions for Vehicle Testing Equipment in India
1. Introduction
These terms and conditions govern the sale of vehicle testing equipment by Technocrat systems and measurements a company registered under the laws of India ("Seller"), to the customer ("Buyer"). By purchasing the Products, the Buyer agrees to be bound by these Terms and Conditions.
2. Definitions
- Seller: Technocrat systems and measurements, its subsidiaries, affiliates, or authorized distributors.
- Buyer: The individual or entity purchasing the Products from the Seller.
- Products: Vehicle testing equipment, accessories, and related services.
- Order: A formal request made by the Buyer to purchase the Products.
3. Ordering Process
- 3.1. All orders are subject to acceptance by the Seller. The Seller reserves the right to reject any order without providing a reason.
- 3.2. Orders can be placed through [Website, Email, or Phone].
- 3.3. Once an order is confirmed, the Seller will issue an order acknowledgment to the Buyer, outlining the details of the Products, delivery dates, and total price.
4. Price and Payment
- 4.1. The price of the Products is as specified in the order acknowledgment or invoice. Prices are quoted in Indian Rupees (INR) unless otherwise specified.
- 4.2. The Buyer agrees to pay the total amount, including applicable taxes, duties, and shipping charges.
- 4.3. Payment terms shall be as agreed upon in the contract or order acknowledgment. Typically, payment must be made in advance, or according to the credit terms provided (e.g., 30 days from the invoice date).
- 4.4. The Buyer is responsible for any bank fees or charges related to payment transfers.
- 4.5. In case of late payment, the Seller reserves the right to charge interest at the rate of 24% per month on the outstanding amount, or the maximum rate permitted by law.
5. Delivery and Shipping
- 5.1. The Seller will make reasonable efforts to deliver the Products by the agreed-upon delivery date. However, delivery dates are estimates and not guaranteed.
- 5.2. The Buyer is responsible for providing accurate shipping details, including the shipping address and contact information.
- 5.3. All shipping costs, customs duties, and taxes are the responsibility of the Buyer unless otherwise agreed upon in writing.
- 5.4. Title and risk of loss for the Products transfer to the Buyer once the Products are delivered to the specified shipping address.
6. Warranty
- 6.1. The Seller provides a warranty for the Products against defects in material or workmanship for a period of 12 months from the date of delivery, unless specified otherwise.
- 6.2. The warranty covers repairs or replacements of defective parts under normal use conditions.
- 6.3. The warranty does not cover damages resulting from misuse, accidents, unauthorized repairs, or alterations made by the Buyer.
- 6.4. To claim a warranty, the Buyer must notify the Seller in writing within 2 days of discovering the defect.
7. Returns and Cancellations
- 7.1. The Buyer may return the Products within 2 days of delivery if they are found to be defective or damaged.
- 7.2. Non-defective Products can only be returned with prior written approval from the Seller, and a restocking fee may apply.
- 7.3. Cancellations of orders can be made only before the Products are shipped. Once the Products are shipped, the Buyer is responsible for the cost of the Products and shipping.
- 7.4. No returns will be accepted for customized or special-order Products unless defective.
8. Intellectual Property
- 8.1. The Seller retains all intellectual property rights, including patents, trademarks, and copyrights, associated with the Products and any related documentation.
- 8.2. The Buyer agrees not to infringe on these intellectual property rights and not to reverse-engineer, decompile, or disassemble the Products.
9. Limitation of Liability
- 9.1. The Seller’s liability for any claims arising from the sale of the Products, whether in contract, tort, or otherwise, shall be limited to the purchase price paid for the Products.
- 9.2. The Seller shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, injuries to workers or loss of life or business, arising from the use or inability to use the Products.
10. Force Majeure
The Seller shall not be liable for any failure to deliver or delays in delivery due to events beyond its reasonable control, including, but not limited to, natural disasters, strikes, labour disputes, pandemics, government regulations, and transport disruptions.
11. Governing Law and Jurisdiction
- 11.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
- 11.2. Any disputes arising from or relating to these Terms and Conditions shall be resolved by arbitration in Pune, India, under the rules of the Maharashtra government and Law.
12. Confidentiality
- 12.1. Both parties agree to keep all confidential information exchanged during the course of the transaction confidential and not to disclose it to any third party without prior written consent.
- 12.2. This obligation of confidentiality shall survive the termination or expiration of this agreement.
13. Miscellaneous
- 13.1. These Terms and Conditions constitute the entire agreement between the Seller and the Buyer and supersede all prior agreements or communications related to the sale of the Products.
- 13.2. Any modifications to these Terms and Conditions must be made in writing and signed by both parties.
- 13.3. If any provision of these Terms and Conditions is deemed unenforceable, the remainder of the agreement shall remain in full force and effect.
Note: Ensure that these terms are reviewed by a legal professional in India to comply with all local laws and regulations.