The following terms conditions of sale are applicable to all quotations and purchase orders and are the only terms and conditions applying to the sale of Seller's products or services except those which relate to prices, quantities, delivery schedules and description and specification of the products. Seller hereby objects to and rejects any other terms or conditions appearing on, incorporated by reference tin or attached to a purchase order. Buyer's acceptance of products or services called for in said purchase order shall constitute its acceptance of the following terms and conditions.
Place of Delivery and Method of Tender.
All prices are FOB Seller's warehouse. Seller shall arrange for transportation of the goods ordered by appropriate means of transportation. Buyer agrees to pay all transportation charges incurred after the goods are delivered to the carrier.Where Buyer furnishes special transportation instructions, any special expense is to be borne by the Buyer, including special handling, packing and additional freight charges.
Unless otherwise specified in writing on a quotation provided by an authorized representative of Seller, Buyer assumes responsibility for installation. Seller agrees to make installation and on-site technical support services available at Seller's then prevailing rates.
Buyer assumes responsibility for maintenance on the goods sold to Buyer. Seller agrees, however, to make maintenance services as available at its then prevailing rates.
Seller Warrants its equipment, parts in accordance with its standard warranty policies. A written copy of these policies accompanies these terms and conditions are available upon request. THESE WARRANTIES ARE LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‐INFRINGEMENT. NO EMPLOYEE OR AGENT OF SELLER, OTHER THAN AN OFFICER OF SELLER, IS AUTHORISED TO MAKE ANY WARRANTY IN ADDITION TO THE FOREGOING.
Limitation of Remedies.
IN NO CASE SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT, TORT OR ANY OR OTHER LEGAL THEORY. IN ANY EVENT, SELLER'S MAXIMUM LIABILITYHEREUNDER, REGARDLESS OF THE LEGAL THEORY, SHALL NOT EXCEED THE CONTRACT PRICE OF THE GOODS FURNISHED BY SELLER.
Without waiving any other rights or remedies available to it under applicable law or otherwise, Seller may, at its option, defer shipment or deliveries hereunder, or under or pursuant to any other contract with Buyer, until all past‐due accounts of Buyer to seller have been satisfied in full. If Buyer fails to make payment when due and Seller determines its obligations hereunder to be insecure, Buyer shall promptly return to Seller, on demand, all Products furnished to Buyer hereunder for which payment in full has not been made, and if Buyer fails to return such Products, Seller may, to the extent permitted by law with or without notice and with or without legal process, enter upon any premises where such Products may be llocated and take possession of the such Products, with or without notice, at private or public sale at which Seller may purchase, and the proceeds of such sale, less expenses of retaking, repairing, holding and reselling, will be applied to the unpaid purchase price without release of any deficiency (if any) shall be promptly paid by Buyer. Any surplus above the unpaid balance shall however by Seller to Buyer.
Seller shall retain all right to technical data and information, technical process and business methods, whether patentable or not, arising out of or evolving as a result of Seller rendering engineering services to and designing systems and goods for Buyer's use. Buyer agrees not to enforce against Seller or customers of Sellers any patent rights, the scope of which includes a system process method utilizing goods or engineering service delivered hereunder by seller, and which relates to an invention made by or Buyer (in a date subsequent to the date of Seller's offer hereunder.
Buyer acknowledge that certain supplies covered by this Agreement may be, or become, considered as hazardous materials under various laws and regulations.Buyer agrees to familiarize itself (without reliance on seller except as to the accuracy of special safety information actually furnished by Seller), with any hazard of such materials and their applications and the containers in which such materials are shipped. Buyer agrees to inform and train itsemployees or customers based (in allegations relating to any such hazards except where such claims arc based on failure to meet written specifications or the inaccuracy of specific safety information actually furnished by Seller.
Unless otherwise agreed in a writing signed by authorized representatives of Buyer and Seller, all cancelled orders will be subject to a 10% cancellation fee. Buyermay not cancel orders for non‐standard goods or goods which have left Seller's dock.
This Agreement shall be construed in accordance with the Indian Laws i.e. laws of the land, without regard to conflicts of law provisions. Exclusive jurisdiction for any and alldispute(s) including but not limited to claims arising out of this Agreement shall be the courts of Navi Mumbai, District Thane.
The above Terms and Conditions constitute the entire agreement between the parties, there being no other promises, terms, conditions, or obligations, referring to the subject matter not contained herein. Any modifications hereto shall he in writing and signed by both parties
Videojet Technology India Pvt Ltd
S-220 A, 2nd Floor,Eastern Business District (Neptune Mall, LBS Marg, Bhandup West, Mumbai, Maharashtra - 400078, India
Mobile : +91-7718877919
E-mail : email@example.com