The following terms apply to all the deliveries (supply and services). Herein all the deliveries shall be made in electronic form and include the mode of deliveries through emails, portal uploading or any other electronic mode of communication or delivery as deemed fit by the supplier. Herein the supplier or the seller relates to the company who is defining the present terms and conditions. Herein all the terms and conditions apply to present, future offers and the contracts and subject to the changes made by the seller and that can be done without giving any further notice to any of the stakeholders. The terms of business or delivery conditions of the customers (client, customer or buyer) which we do not accept explicitly in writing are not binding upon us and cannot be considered the part of the contract as the same cannot be implied in any part of the contract.
1. Offer or regulation of contractual obligations
1.1 The offers made are always non-binding and the cost estimates (if any) given are also non-binding. However, if the offer is accepted by the customer and the advanced payment has been made then the contractual obligations come into force. Unless explicitly agreed otherwise, we reserve the right to be compensated by the customer for any cost incurred in preparation of the estimate and that would be only if certain work is done prior to giving of any estimates.
1.2 Assurances and warranties would be subject to the written clauses or terms and conditions agreed between the buyer and the seller.
1.3 Contracts and any incidental service or performance issues, any amendments or additions or alterations thereto shall be only applicable if agreed in writing prior to performing of the contract or discharge of the contractual obligations.
1.4 Oral agreements are explicitly excluded and shall only be done if agreed in writing.
1.5 In the event we deliver the services and fulfil our contractual obligations towards the customer, any further contractual obligations shall be subject to the strict clauses of cancellation and refund and no other compensation or liability arise of the seller or the provider company.
- 2.1 Subject to any agreement in the contrary, the prices are quoted according to the currency applicable or widely accepted international currencies.
- 2.2 In the event that the price has not been agreed explicitly then the price is subject to the nature of the work and shall be communicated once the estimation of the work has been completed upon the same.
- 2.3 Further all the prices can be changed without giving any prior notice and the same shall be communicated to the customer such price adjustment or alteration shall be done only with the prior communication to the customer and accordingly, a consent thereto shall be obtained.
3. Delivery, service or performance
- 3.1 Delivery or the performance times or any time taken to complete the contract shall be communicated in advance and there if, and the same shall be binding if agreed in writing. Further, each and every effort and the endeavor shall be done to comply with the deadline given by the customer and in case of any deviation from the deadline the same is only done as and when the explicit consent is taken in the form of written communication.
- 3.2 The delivery period commences only when the whole of the payment or the contractual obligations have been completed.
- 3.3 If the delivery or the performance deadlines are not under out control, that can include natural calamities or disasters such as reasons beyond our control, force majeure, war, terrorist acts, restrictions imposed by the government, employee disputes, then the agreed deadlines shall be extended for a reasonable period even if the time we are in default.
4. Defects, warranty and limitations
- 4.1 If any of the project or service delivered by us is faulty or has certain errors and the customer demands the rectification of the same, we have got the option to remove the defects and rectify the same to the best of our ability and further deliver the product or project or services without any flaw or the same and the said errors would be considered at our end only if they are justified and are contrary to the strict quality stringent provisions applications to the said service.
- 4.2 Further, if the quality of the project is not satisfactory, again an attempt shall be made to rectify the same and also there shall be two attempts with regard to the same. In case, further if there are reasonable grounds to believe that the service is beyond the scope of rectification then the refund shall be initiated and/or shall be readjusted in the future projects to be given by the customer. All this shall be at the discretion of the refund and cancellation team of the company.
- 5.1 In event of the claim for any damages or compensation or any claim based on the breach of the contract, the liability is always limited and shall be final to the decision made by the courts and the Indian law shall be applicable and any claim thereto shall be filed in the courts of local jurisdictions wherein the registered office of the company is situated.
- 5.2 The liability shall be determined according to the statutory requirements and no compensation or claim shall be entertained for the wrong or any of the violation of the law done by the customer. The liability of the service provider is only restricted to the errors in the service delivered and the same shall include only the technical and other clerical errors in the same.
- 6.1 Provided nothing in contrary to the clauses agreed in the writing, we will invoice the customer at the time of delivery and the payment has to be made in whole before the delivery and the payment is 100 percent to what has been agreed between the consenting parties and not credit or extended time shall be given to clear off the same.
- 6.2 Further, the advance amount shall be taken at the time of the placing of the order and the same advance shall not be less than 20 percent and only after the advance amount is received, the order shall be sent for processing. At the time of the processing the order, another 50 percent of the amount shall be paid and the whole amount or the complete payment shall be paid before the final delivery of the order. Once the final amount is received and confirmed by the company, thereafter the order shall be sent through electronic mode of communication and the company liabilities would be discharged and they shall be only limited liability which would be subject to the limited liability clause as agreed between the customer and the company.
6.3 The payment is to be made in the agreed mode of payments as enumerated on the website.
6.4 Settlement, discount or any other expenses are only permitted upon the written consent of the company and any risks and cost related to the payment of invoice amount shall be assumed/met by the customer.
6.5 If the customer is in default of payment, then we are entitled to charge the interest of 10 percent or above the base interest and also any rights shall be governed by the Indian laws.
6.6 If any insolvency proceedings are brought against the legal estate of the customer, then we are entitled to offset the demands or the claims which have not been paid. However, the all the rights of the company shall be protected thereto.
7. Place of jurisdiction
7.1 In case there arises any dispute then the courts of jurisdiction at Ludhiana, Punjab, India have all sought of jurisdiction to try the cases. The same shall be final and binding authority for the same. Further, all the Indian laws should be applicable between the customers and the company and any suit or case shall be filed in the local courts bound by the Indian laws.