TERMS and CONDITION of SALE and DELIVERY of the POWER PLUS PRODUCTS
GeneralOur deliveries shall be carried out solely on the basis of the following conditions. We expressly repudiate the buyer’s terms and conditions of purchase. The buyer shall not legally bind us, even if we do not expressly do so at the time of the conclusion of the contract. Our terms and conditions of sale and delivery shall be deemed accepted at the latest upon taking delivery of our goods.
Exclusive Applicability and Acknowledgement of our Terms and ConditionsThe buyer acknowledges our terms and condition by placing the order or accepting a service not only for the transaction in question but also for all future transactions.
Offers and Conclusion of the Contract3.1. Our offers are not binding. Promises, undertakings and warranties on our part or agreement that deviate from these terms and conditions in connection with the conclusion of the contract shell only become binding with our written confirmation.
3.2. We reserve all property and copyrights for documents (such as images, drawings, dimensions, weights) enclosed to our offers. They must not be disclosed to third parties and have to be returned upon request or in case you do not award us the contract. Unless expressly agreed otherwise, the Information published by us in product catalogues or other publication, be it written or pictorial Specifications, (for example descriptions, illustrations, drawings) shall conclusively illustrate the quality of the goods delivered by us and their respective uses. All further information provided is not binding either. Our descriptions do not constitute a warranty on durability or workmanship and Reflect our current knowledge. We reserve the right to introduce changes because of technical progress. Drawings, images, dimensions, weight, or other technical data are only binding if expressly if agreed upon in writing. All the formulation of product is develop with our own expertise and knowledge and experience and trial after trial to prove the authenticity of product to be best for use with respective guideline set by us, we are not abide by any law and with any authority to test and get certify for use of product, and all misshapen of use are link with many aspects of consumer end such as condition of vehicle, dose of product as recommend by us is not properly mix and many others things like this, so its use by consumer is sole responsibility of buyers.
Price and payment4.1 All price are quoted in INR and ex warehouse and they include the respectively valid statutory sales tax. The buyer shall bear the necessary insurance cost. We shall only be obliged to accept the return of used packaging if expressly agreed.
The buyer shall be responsible for the competent and environmentally compatible disposal of waste materials. In case we are ordered to do so, the buyer shall pay adequate compensation to the extent agreed, lacking an extent agreed, lacking an agreement on wage pay by taking over the costs that have actually been incurred.
4.2. The agreed price are based on the material, wage and energy costs at time of the conclusion of the contract.
4.3. Unless otherwise agreed, payment for our performance shall fall immediately after execution of the contract at the latest. If the buyer is in default with any payment, we are entitled to claim default interest on all sums due from the buyer at 24 % p.a. above the actual base rate .We reserve the right to claim further damages as well as the necessary and appropriate
Credit RatingThe buyer given their express consent – which is revocable at any time-that their data (name/company, date of birth/register number, address and Mobile number with email identification) may be transferred to the state preferential creditor’s protection associations.
Periods for and Dates of Performance6.1. Periods for and dates of performance are only approximate, unless expressly confirmed as binding.
6.2. A period of performance determined according to its duration shall begin with the day Immediately following the day on which full agreement regarding all specifics of the order was reached and, at the earliest, with the acceptance of the order by us. However, the period of Performance shall neither commence before the buyer has furnished all documents, permits and Releases to be obtained by them nor before, if required, receipt of an advance payment in full to be made by the buyer.
6.3. A delivery date or deadline for delivery is regarded as having been met if the goods left our plan or warehouse before the other expiration of such date or deadline or, in cases where the goods cannot be or are not to be dispatched, if notice of our supply readiness was dispatched by our plan or warehouse in time.
6.4. In case of force major, strike, unforeseeable delays on the part of our subcontractors that were not caused by us or other comparable events beyond our control, the dates and deadlines shall be postponed for the duration of such an event. The buyer’s right to withdrew from the contract remains unaffected if the delay exceeds a reasonable period of time and makes any further commitment to the contract unreasonable.
6.5. The buyer shall not be entitled to claim damages against us if a deadline for Performance or a performance date has been exceeded or a performance default occurred, except in cases of willful intent or gross negligence – also on of our statutory representatives or vicarious agents – or in cases of injury to life, body or health.
6.6. If the buyer default in accepting performance, or if they other duty to Cooperate; we shall have the right to demand damages for the losses sustained and, after expiry of a reasonable grace period, to dispose freely of the goods.
6.7. Partial deliveries, to a reasonable extent, shall be permitted and charged separately.
6.8. In case the contract provides for ongoing delivery, call-ups and part type classification must be supplied in good time. As far as no agreements to the contrary have been made, the total quality has to be called and classified within one year after conclusion of the contract. If the customer does not meet this requirement, we shall be entitled, after expiry of a grace period set by us, to classify the goods at our own discretion and to deliver them accordingly. This does not affect our right to withdraw from the contract, provided it has not yet been fulfilled, and to demand compensation due to non-performance where the individual calls exceed the total contractually agrees quantity; we shall have the right to deliver the surplus quantity.
6.9. Considering all above seller (ourselves) has all rights to accept or reject the contract.
Risk of Loss and Shipment7.1. The risk of destruction or deterioration of the goods, for which we cannot be held responsible, shall pass to the buyer as we hold the ordered goods ready in our plan or warehouse to be picked up or these goods and/or materials are handed over to a carrier or hauler. Shipment, loading, unloading and transport are always carried out at the buyer’s risk.
7.2. The customer shall approve any appropriate from of shipment. Transport insurance will be taken out only upon the buyer’s explicit written instruction.
If we do not receive specific shipping instructions, we will ship the goods using the shipping method we deem to be the most cost effective. The goods will be shipped for the buyer’s account and at their risk.
7.3. Until full payment of the fee or purchase price , the buyer shall include a note about the assignment and / or retention of title and on their books and on their invoices and shall inform their debtors. Upon demand, the buyer shall make available to our company any documents and information required to enforce The buyer gives their explicit consent that we may access the location where the reserved goods are stored during normal business hours in order to be able to enforce our retained title.
7.4. The buyer shall bear any necessary and appropriate recovery and collection costs incurred by the purpose of legal prosecution.
7.5. Enforcing the retained title shall only be deemed to be a withdrawal from the contract if this explicitly stated.
7.6. We shall have the right to utilize any returned reserved goods at our own discretion and in the best possible way.
7.7 Until full settlement of all or claim, the service / purchase item must not be pledged, assigned as Security or be encumbered otherwise with any third party titles. In the event of attachment or any Other utilization, the buyer shall be obliged to indicate our title to the goods and to inform us Immediately.
7.8. Until payment of the appropriate invoice amount, buyer shall be obliged to ensure that the goods Subjects to retention of title stay in impeccable condition and to protect our title to these goods. There buyer shall be obliged to maintain the service / purchase item delivered in proper Condition during the retention of the title.
7.9. Where our retention of title becomes invalid in the event of delivery abroad or for any other reason , the buyer shall be obliged to immediately grant us a security for the teams delivered or any other security for our claims as is effective to the applicable law at the buyers head office and comes closest to the retention of title according to Indian law.
Third- party Industrial Rights8.1. Where delivered item are manufactured by us according buyers documentation acceptance .(refer by our specification, etc.)
8.2. We shall also have the right to claim compensation from the buyer for any necessary and appropriate costs incurred by the purpose of legal prosecution.
Warranty9.1. The goods must be inspected immediately upon receipt at the place of Delivery. A duty to inspect shall also exist if samples have been received. Failure to inspect received goods shall void our warranty obligation for any defective goods.
We provide the agreed services based on the current state of the art application at the time of order, in accordance with the applicable legal regulation and observing the care customary in the industry. With regard to product details, quality data and other information as well as technical and commercial description, we shall not provide any guarantee of quality or durability, unless individual information or description is explicitly labeled as “guarantee of quality of durability”.
9.2. The goods shall be deemed by a business buyer if we do not receive any notice of defects within 10 business days after receipt of the goods at the place of delivery. If not agreed otherwise (e.g. formal acceptance), the time of delivery shall be the time of completion of the goods or, at the latest, once the buyer is authorized to dispose of the service or has refused acceptance without giving reason in the absence of any
Liability10.1. Our liability shall be limited to the sum corresponding to the maximum liability amount of a liability insurance taken out by us where necessary
10.2. Apart from that - irrespective of the legal nature of the claim asserted – any liability for damages shall be excluded. In this respect, we shall particularly not be liable for damage which has not occurred on the delivery item itself, e.g. loss of profit and other financial losses incurred by the buyer.
SeverabilityShould any provision of these term and conditions be or become ineffective or unenforceable, the effectiveness or enforceability of the other provision shall remain unaffected. The ineffective provision shall be replaced with an effective provision which reflects the intention and purpose of the ineffective provision shall be agreed to have been amended up to the extend permitted by Law (reduction of ineffective provisions to preserve validity).
Miscellaneous12.1 These terms and conditions shall be Indian law, to the exclusion of any conflict of law provisions.
12.2. The place of performance shall be the company’s head office at MITTAL INDL. ESTATE, BLDG. NO. 6, UNIT NO.153, ANDHERI-KURLA ROAD, ANDHERI (EAST), MUMBAI -400059.
12.3. The place of jurisdiction for any disputes arising from the contractual relationship or any future contracts between us and the buyer shall be the local competent court at our headquarters, Mittal indl. Estate bldg no.6, unit no.153, Andheri-Kurla road, Andheri (east),Mumbai no-400059. However, we shall have the right to enforce any claims against the buyer before any other court having jurisdiction over the buyer.
12.4 The buyer shall be obliged to immediately inform us in writing about any changes in their name, company, address, legal status, or to any other relevant information.
12.5. The buyer can not open the package before submitting the transaction amount to the courier agent.
12.6. Octroi Changes, as may be applicable in various territories in India, shall be paid by the buyer to the Courier Agent. These additional charges will depend on the city pin code list as per government rules and regulation. The logistics agency will give you the octroi receipt issued by concern government agency.
The buyer is accepting above agreement as per order form say I agree while placing the order. As it will be treated as buyer and seller agreement for the purchase made through Online on our website at www.powerplusautoadditive.com