- Acceptance of Orders: Unless otherwise agreed, Contracts or Orders are accepted only upon and subject to the ‘Conditions of Sale’ as detailed below. All orders placed with us, are not binding on us unless confirmed by us in writing. Once an order is confirmed by us, it can under no circumstances be cancelled by the customer without our consent.
- Rates: All Quotations are made on the bases of prices as on the date the Quotation is made and will be subject to alteration without notice, If the cost of Raw Materials and/or Production is increased.
- Delivery Date: Delivery dates mentioned in our Order Acknowledgements are only an estimate, and unless otherwise agreed, we shall not be liable for the consequences of any delay.
- Delivery in Lots: We are at liberty to supply goods sold by us, either in one, or in separate part shipments.The manufacturing of certain pieces sometimes requires a minimum number of pieces. The specified amount is approximately specified. We reserve the right to deliver 10% more or less, at the price of the order.
- Suspension of Deliveries:Deliveries maybe wholly or partially suspended, and the time of such suspension added to the original delay period, in the event of any strike, lockout, stoppage, or shortage of labor/power/raw-materials, fire, or machine breakdown, transport difficulties for raw materials or finished goods, customs strike, other strikes at the port of loading, or any other reasons with respect to force majeure.
- Payment delays: If payments are past due beyond the due-date, we will have the right to debit you for the period of delay, at a rate of eighteen per cent per annum.
- Indemnity: In the event of any breach by you of any terms of the contract, we shall be expressly authorized without giving any previous notice of our intention to do so, to act as per any of the following: (a) To rescind the order or contract without prejudice to our rights thereunder; (b) To recover from you all losses which we may thereby suffer, including the cost of scrapping of the parts; (c) Without proceeding to recall, to recover from you the difference between the market price at time of the breach of contract, and the full contract price of such goods as remain undelivered or unpaid, together with interest if eighteen per cent per annum.
- Rejection and Complaints: We have quoted the hoses as per your design. Please test our proto-types in the application before use to confirm that the hoses meet your requirement. Any complaints with regards to supplies made by us, must be made in a timely fashion. Since we supply as per customers’ design, samples and specifications, we will not be held liable for non-performance of supplied parts and related third party personal or proper damage. The Buyer may intimate about defects in hoses within 30 days of receipt, after that the hoses shall be deemed to have been accepted by the Buyer.In case of rejects, our liability will be limited to replacing the rejected goods (provided the hoses rejected have not been used in a manner which contradicts the intended use).Our liability expires completely when any defect is the direct or indirect result of improper processing, use, treatment, storage, transport or any other external cause or when the buyer does perform changes or treatments or let them be done by third parties. Complaints concerning transferred goods may not affect the contractual obligations resting on the buyer under earlier transferred goods and/or goods to be transferred, neither if these obligations result from the same agreement as those to which the complaints refer.
Under no circumstances shall the Company be responsible for any damages, loss, compensation that may arise because of usage of product by Buyer and/or at Buyer’s client(s).
- Tooling: Unless otherwise agreed between the parties, All the tools, devices, or components needed in the production, even if the customer due to intervention in the concept or by taking on part of the cost has become its co-owner, will remain unconditionally in our possession and may only be used by us, because they were manufactured and construed according to our own principles, methods and manufacturing standards. Each tool, device or component that has not been used for five years or is worn, may be destroyed by us. The broken-down part remains our property. The contribution (monetary value) in the tool costs is always immediately payable (net) when submitting the order. Any delay on this payment affects the delivery term.
- Miscellaneous: Mentioned below are a few guidelines regarding usage of various products that the Company offers. The list is not exhaustive and has been provided merely for the benefit of the Buyers to choose appropriate product for themselves, however that does not preclude the Buyers from carrying out tests as may be necessary for finding out suitability of the products;
- Silicone/Polyester hoses are not to be used with hybrid OAT or OAT coolants
- Silicone hoses and Silicone hoses lined with fluorosilicone, are recommended for use in contact with liquids, only when the pH level of the liquids is between 6 and 8
- Silicone hoses and Silicone hoses lined with fluorosilicone are not compatible with coolants containing ethyl-hexanoic acids
- Platinum cured/Food grade hoses supplied by us are not made in a US FDA or any other approved clean-room
The courts of Pune-India will have the exclusive jurisdiction for any disputes, arising out of purchase/usage of products.