I. General Notes:
1. All despatches and services are subject to these conditions as well as to any special contractual agreements. The acceptance of an order placed by the customer does not imply that purchasing terms and conditions on the part of the customer which deviate from or conflict with these conditions become contractually binding. In the absence of any special agreement to the contrary, contracts come into force when Tepskart.com acknowledges acceptance of the order in writing.
Tepskart.com reserves ownership and copyright rights in respect of samples, cost estimates, drawings and other information in both tangible and intangible form (including electronically stored information). Such information must not be made available to third parties.
II. Prices and Payment:
1. Unless/otherwise stated in the acknowledgment or Proforma Invoice of the order, our prices are ex works basis Ahmedabad/excluding packing & forwarding and statutory taxes as may be applicable.
2. Unless otherwise stated in the acknowledgment or Proforma Invoice of the order, the purchase price is due net (without deduction) in Rupees or any other specified currency as per the quotation.
3. If the customer defaults in any payment, the statutory provision will apply.
4. The customer has a right to set-off only when his counterclaims have been validated, are undisputable and accepted by Tepskart.com.
III. Despatch Period, Late Despatch:
1. Adherence to the despatch period will require that Tepskart.com receives on time from the customer all the required documents, permissions and releases, particularly plans, which have to be supplied by the customer, and that the agreed terms of payment and other obligations of the customer be met. If this is not the case, then the Despatch period will be appropriately extended. The timely dispatch is subject to the remittance of payment as per the terms.
2. If the despatch period cannot be adhered to for reasons of force majeure, then the Despatch period will be appropriately extended as mutually agreed.
IV. Extension of deadline:
1. If Tepskart.com should be in default on account of Despatch of goods and the customer in consultation with Tepskart.com extends a suitable Despatch schedule then the deadline will be extended accordingly.
V. Passage of Risk, Acceptance:
1. The risk passes to the customer when the item has left the factory premise/warehouse of Tepskart.com. transit insurance shall be to clients account.
2. Partial despatches are permissible if the customer accepts this as reasonable.
VI. Retention of title:
1. We shall retain the title to the despatch item until all claims including all subsidiary claims, arising from the business relationship with the Buyer are paid in full and all cheques submitted to Tepskart.com are encashed.
2. The Buyer shall assign to Tepskart.com all claims, including all secondary rights, arising from the sale of the Despatch item.
3. If the buyer fails to meet his obligations on any account statutory, technical or financial, Tepskart.com shall be entitled to repudiate the contract and take back the despatched item and the Buyer is obliged to surrender the despatch item. We can take back the despatched item or exercise the retention of title without repudiating the contract. Such acts or the attachment of conditional goods by us shall not constitute a repudiation of the contract unless expressly declared by us.
VII.Warranty: Tepskart.com provides the following warranty in respect of manufacturing defects of goods despatched:
1. Any part found defective due to manufacturing process occurring prior to the transference of risk are to be improved or replaced with perfect parts, at our discretion and our principals’ acceptance, free of charge. The discovery of any such defects is to be reported to us in writing, without delay. All the replaced parts become our property.
2. The warranty period extends up to 12 months from the date of invoice.
3. The warranty does not extend to any electrical/electronic parts.
4. The customer must provide us with the required time and opportunity to carry out the improvement work or fresh despatches. Otherwise, we are released from liability for any arising consequences. Only in urgent cases does the customer have the right to remedy the defect themselves or to have it remedied by third parties as per our instructions/approval and the technical manuals provided by the Company along with the component. Also before such action, we should be informed about the defect and our prior approval should be obtained.
5. Any right to a reduction in the contract price is excluded.
6. No warranty is provided in the following cases in particular.
a. Improper or incorrect use including but not limited to electrical supplies, defective assembly or operation on the part of the customer or by any third party.
b. Natural wear and tear, incorrect or negligent treatment, improper maintenance and installation.
c. If the customer or any third party perform sub-standard remedial work we are not responsible for any ensuing consequences. The same applies to any modifications to the despatched item without getting our express prior consent.
1. In no event, Tepskart.com shall be liable or responsible for any consequential loss or damage arising out or connected with the products or this purchase order.
IX. Limitation of Actions:
1. All claims of the customer (on whatever legal grounds) are limited to 12 months the period from the date of invoice.
X. Use of Software:
1. If any software is included in the scope of supply, the customer will be granted a non-exclusive right to use the software, including its documentation. It is provided for use on the article of sale for which it is intended. It is forbidden to use the software on more than one system.
We reserve all other rights concerning the software and the documentation, including copies. It is not permissible to issue sub-licenses.
XI. Force Majeure:
1.No liability shall be attached to us for non-performance or delayed execution as a result of Force Majeure. For any of the following Force Majeure conditions including but not limited to Acts of God, fire, Floods, Riots, Wars or Change in the Government or statutory policies the agreed time period of the contract shall be extended accordingly.
XII. Applicable Law, Place of Jurisdiction:
1. All legal relationships between Tepskart.com and the customer are exclusively subject to the laws of India.
2. The place of jurisdiction is Ahmedabad. However, we are also entitled to take legal action against the customer at the place where the customer has his registered office.
It is electronically processed, and no signature is required.