General Terms and Conditions
Delivery: 3 -4 Weeks after receipt of Purchase Order and Advance.
Warranty: 18 months from the date of Delivery or 12 months from the date of Installation.
Taxes: GST as applicable.
Packing: Standard Packing charges will be applicable at Actuals.
Freight: Freight charges will be applicable at Actuals & To Pay Basis.
Installation: Standard Installation & Service charges will be applicable at Actuals.
Bank Details
ARSHAD ELECTRONICS PVT LTD
ICICI Bank Ltd., Mahim Branch, 91, L.J. Road, Next to Paradise Cinema,
Mahim West, Mumbai 400 016.
A/c. No. 032005000063 IFSC Code No.: ICIC0000320
**Note: Please also refer to the detailed terms and conditions.
Design and Specifications are subject to change due to Continuous upgradation.
Figures indicated are to be used only as guidelines. Brands mentions are subjected to availability.
Detail Terms and Conditions
Please read the following ‘Terms and Conditions’ of our Company Arshad Electronics Pvt. Ltd. carefully as purchasing our products/components, namely, the Corona Discharge Treater and/or the Induction Cap Sealer and/or Plasma Treaters and/or Simco Ion Product indicates agreement with and acceptance of these terms and conditions. These terms and conditions will apply to all future transactions of the same kind with the same Purchaser/Customer without specific further agreement being required unless these terms and conditions have been modified by us, in which case, we shall notify the said Purchaser/Customer of our revised terms. Any deviations from these terms and conditions will be binding on us only if they have been confirmed in writing by one of our Directors.
1. OFFER AND ACCEPTANCE
a. The Purchaser/Customer shall send us the formal Purchase Order. After we confirm it, we shall send the Order Confirmation to the Purchaser/Customer for signatures by its authorised representative and returned to us for our record. Only upon receipt of the signed Order Confirmation, we shall proceed to production.
b. The price applicable to the order shall be the one at the time of dispatch/delivery of the order.
c. All documents relating to the offer including but not limited to the specifications, illustrations, dimensions and weights are approximations only and not binding upon us unless being expressly marked as binding. These are subject to reasonable modifications/revisions without prior notice. We reserve the right to modify the design of the ordered product/component during the course of manufacturing, if in our opinion and based on our experience, such modification constitutes an improvement or is essential to adhere to revised standards of manufacturing method.
d. It is explicitly understood that all orders are subject to technical and mechanical limitations.
e. Orders once confirmed cannot be cancelled and products/components once dispatched/delivered shall not be taken back.
f. No order booked by our salesmen / commission agents or any third person on our behalf shall be binding on us unless and until we issue confirmation of order signed by one of our Directors as acceptance of such orders.
2. PAYMENT TERMS
a. The signed Order Confirmation shall be accompanied by 50% of the total order value or mutually agreed payment as advance and the outstanding balance payable (including statutory charges as applicable) shall be paid either against dispatch of product/component ex-our works or shall be drawn upon the Bank against presentation of documents covering dispatch of the product/component.
b. If the documents are to be presented to the Bank, Bank Guarantee Letter must be submitted to us along with the signed Order Confirmation.
c. Our responsibility ceases immediately upon handing over the order to the carriers/s on Purchaser/Customer’s account.
d. If the Purchaser/Customer defaults on payment, we shall be entitled to claim interest at the rate of 20% per annum from the date of such default until receipt of complete payment.
e. Notwithstanding anything herein to the contrary, if the Purchaser/Customer fails to pay the outstanding balance amount or fails to take the delivery of the order within a period of 10 days from the date of being notified that the order is ready at our works or cancels the order entirely or in part after payment of advance then we shall first endeavour to discuss with the Purchaser/Customer and arrive at a mutually agreeable solution, failing which, we reserve the rights to forfeit the advance received and dispose off the order at the risk and cost of the Purchaser/Customer. It is expressly agreed that in such circumstances the Purchaser/Customer shall be wholly responsible for the loss or consequences arising therefrom.
f. If we become aware of circumstances that call the Purchaser/Customer’s creditworthiness into question, then all deferred claims/payments shall immediately become due and payable. Furthermore, we may in such case request full payment in advance or provision of security and waiving off this requirement shall be solely at our discretion.
3. DISPATCH / DELIVERY
a. The time of dispatch/delivery agreed upon is only a reasonable and fair estimate which might be subject to changes depending upon varied factors including but not limited to non-compliance of his/her payment obligations by the Purchaser/Customer, however, we shall endeavour to dispatch/deliver the order within the stipulated delivery period. We will not pay any kind of penalty or late charges by whatsoever name called and the Purchaser/Customer accepts the same.
b. All dispatches / deliveries are effected ex-our works within Mumbai and all orders dispatched “Freight to Pay” to the destinations as specified by the Purchaser/Customer are at the risk of the said Purchaser/ Customer and uninsured. We shall accept no liability for damages or any loss in transit for the orders. However, if the Purchaser/Customer categorically instructs in writing, the order can be insured to cover all risk in transit at the cost and risk of the said Purchaser/Customer.
c. We shall not be responsible, in any manner whatsoever, for any delay/s owing to force majeure and due to events which substantially impede or prevent dispatch/delivery, including but not limited to war, strikes, terrorist attacks, accidents, lockouts, serious health risks (e.g. Covid 19), fire, failure of supply of electricity or power outage, shortage of raw material/s or labour or any other cause beyond our reasonable control.
d. We shall not accept any responsibility/liability with respect to any loss or damage caused either directly or indirectly due to delayed delivery. Similarly, we are not responsible/liable for delay of the order in transit for whatsoever reason.
e. We shall not be liable for charges such as Inspection, Third Party Inspection, Storage, Bond Fee, Custom Duties, Local charges, Handling Charges or such other charges while the order is in transit unless specifically accepted by us in writing.
f. In case of a default on our part to dispatch/deliver the order on time, the Purchaser/Customer agrees to grant us a reasonable additional period for performing the contract.
g. If dispatch is delayed or omitted due to circumstances not attributable to us, the risk shall pass to the Purchaser/Customer from the day of notification of readiness for delivery/dispatch by us
4. WARRANTY
a. We warrant that our product/component shall, when properly installed, commissioned, used and maintained will conform to and perform in all material respects in accordance to our Specifications and shall be free from material defects in materials and workmanship;
b. We provide a warranty on our product/component based on a single shift operation against any defective material or workmanship except normal wear and tear for a period of eighteen (18) months commencing from the date of dispatch/delivery from our works OR for a period of twelve (12) months commencing from the date of installation by us. The defect should not be due to malfunctioning of / fault in Customer another part/s of the end product / system and it must be promptly reported to us post which our Engineer will visit the site in order to assess, ascertain and report the findings. Provided the Purchaser/Customer has fulfilled all his/her obligations with respect to payment and other terms and conditions of the contract, appropriate arrangements will be made to repair the part or replace the defective part/s (manufacturing defects) free of charge during the warranty period. However, the transportation costs and lodging-boarding expenses of the visiting Engineer shall be borne by the Purchaser/Customer and these are excluded from the warranty coverage.
c. Any manufacturing defect/s should be reported to us within 24-48 hours after dispatch/delivery and in any case before its installation. The Purchaser/Customer is required to carry out adequate checks and do appropriate due diligence before installing our product/component.
d. The warranty of the product/component shall cease with immediate effect if the installation is not done strictly in accordance with the instructions provided in the Instruction Manual and by our Installation Engineer. Any defect, loss or damage resulting due to an accident, misuse, neglect, alteration on the Purchaser/Customer’s part shall automatically terminate our obligations under this warranty. The findings of our Engineer shall be considered final and conclusive in this regard.
e. After we have replaced the defective part/s, all old part/s will have to be returned to us. The freight charges will be borne by the Purchaser/Customer.
f. We shall consider that the product/component is working in accordance with the specifications if no complaint is received within a week’s time after its installation.
g. With respect to part/s of the product/component not manufactured by us, it is explicitly understood and agreed that the warranty shall be limited to the extent as provided by the manufacturer/s of such parts and that we shall not be liable for any loss or damage or defect to the end product in any manner whatsoever and shall be absolved from such liability/ies at all times.
h. In addition to what is mentioned above, the following shall not be covered under warranty:
• Rubber / Silicone components
• All semiconductor devices, meters, lamps, cables, insulation sleeves, transformer oil, ceramic tube electrodes, insulators, ceramic/silicone coating, H.T. wire, fuses and spares;
• Any defect or damage caused due to poor handling of the product/component or due to supply voltage variation at the Purchaser/Customer’s end;
• Any defect, loss or damage incurred to the Purchaser/Customer’s End Product/System including any consequential loss or damage.
5. GOVERNING LAW AND DISPUTE RESOLUTION
a. The contract or any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with the laws of India.
b. In case of any dispute/s arising under this contract, we shall try and endeavour to resolve the dispute/s amicably with the Purchaser/Customer either through conciliation, mediation, expert determination or other means appropriate to the dispute and the Purchaser/Customer agrees not to unreasonably refuse to take part in such process. If the dispute/s still persists, the Purchaser/Customer expressly agrees and undertakes that only the competent Courts of jurisdiction at Greater Mumbai shall have exclusive jurisdiction in all matters arising hereunder.