GENERAL TERMS & CONDITIONS BETWEEN BUYER & SELLER

1. OFFERS:

Seller’s sales offers are not binding and may be changed at any time, even if they include a period of validity. Any amendment to a sales offer made by the Buyer shall not be valid unless expressly accepted by Seller in writing. Buyer shall assume all risks and shall pay all charges applicable to cancellation or modification of any purchase order which has been accepted by Seller in writing. Purchase order of Buyer whether sent to Seller or via Seller’s agents or brokers, shall not be considered to have been accepted unless expressly confirmed in writing by Seller. The acknowledgement of receipt of a purchase order is not considered as an acceptance of the same.

2. COMPLIANCE WITH LAWS:

Seller warrants to Buyer that the goods and services shall be provided, manufactured, shipped, stored, and otherwise handled in strict compliance with all applicable laws, codes, ordinances, regulations, executive orders, and industry standards. Seller makes all warranties contained in the Uniform Commercial Code. Unless otherwise agreed between the parties, the Buyer and Seller agree that any sale pursuant to these General Terms and Conditions shall be deemed to have been made and executed in the location of the Seller where the Registered office / Corporate Office of Seller is situated and that this contract and any disputes hereunder shall be governed, interpreted and construed in accordance with the laws of the Country where Seller’s Registered office / Corporate Office is situated, without regard to conflict-of laws, rules or principles. Any dispute arising under these General Terms and Conditions shall be exclusively submitted to the court having competent jurisdiction where Seller’s Registered office / Corporate Office is situated.

3. TITLE:

Title conveyed to Buyer by Seller shall be good and merchantable and its transfer rightful. The goods and services shall be delivered free and clear of any lien, security interest, claim or encumbrance whatsoever.

4. PRICE TERMS:

The goods will be furnished at the price set forth in the purchase order or such other document that Seller may use to set forth the price. The prices are exclusive of delivery charges and Additional Rs. 99 are charged for delivery. Seller warrants that the price for the goods is no less favorable than those currently extended to any other customer for the same or similar goods in similar quantities. Seller will not be paid for any goods delivered or services performed that have not been authorized by an approved purchase order prior to commencement of work or production. Buyer shall also receive the full benefit of all discounts, premiums and other favorable terms of payment customarily offered by Seller to its customers for the same or similar goods in similar quantities. In the event Seller reduces its price for the goods, Seller agrees to reduce the prices to Buyer correspondingly. Seller warrants that the prices in this Agreement shall be complete, and no additional charges of any type shall be added without Buyer's express written consent, including but not limited to, shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing and crating. Standard terms are net 45 days unless otherwise specifically indicated in the purchase order.

5. MODE OF PAYMENT:

The payment can be made by Net banking/Gpay/Paytm/UPI/Credit Card to the bank accounts as advised by Seller.

6. TAXES:

Any tax, tariff or duty which is imposed upon Seller by any governmental authority and included by the Seller in the price shall be separately stated on Seller's invoice(s).

7. DELIVERY:

The Product shall be delivered to Buyer at the place stipulated for delivery in the written order confirmation. Any time or date stated for delivery is an estimate only and the Seller shall not be liable for failure to deliver at the specified time or on the specified date, nor shall such failure on the part of the Seller be deemed to be a breach of the contract or any of its terms and conditions or part thereof. Buyer shall not invoke any late delivery in order to cancel the sale, reject the Product or claim any compensation. Unless otherwise specifically agreed in writing between the Buyer and the Seller, risk of loss or damage to the Product shall pass from ex-works (EXW) of Seller to Buyer. In case of a dispute concerning the weight of Product delivered in bulk carload or tank car shipments, shipper's weight, certified to by sworn weigh-master, shall govern absent manifest error.

8. LIABILITY:

To the extent permissible by law and regardless of the nature of the claim, Seller’s contractual and extra contractual liability shall be limited, at Seller’s sole discretion, to the replacement or reimbursement of the price of the Product that is defective. Defective Product is the Product that does not comply with the specifications given by Seller or, if applicable, agreed between Seller and the Buyer. The failure to give written notice of claim within thirty (30) days from date of delivery, or the date fixed for delivery, as the case may be, shall constitute a waiver by Buyer of all claims in respect of such Product. In no event shall Seller be liable for special, indirect or consequential damages of any kind including without limitation Buyer’s manufacturing costs, lost profits or goodwill, regardless of the form or basis of any action.

9. CONFIDENTIAL INFORMATION:

Buyer's confidential and proprietary information includes, without limitation, its business plans; business strategies; marketing plans; industry and competitive information; technology, product and proposed product information; pricing and cost arrangements and agreements with Buyer, distributors, customers, suppliers, licensers and licensees; information relating to its customer base; information concerning employees and financial information. All such confidential and proprietary information shall (a) remain the property of Buyer, (b) be carefully preserved and maintained by Seller at its expense, and (c) be promptly returned to Buyer or satisfactorily accounted for upon completion of this Purchase Order or upon Buyer's written demand.

10.FORCE MAJEURE:

Failure of Buyer to take shipments of goods or receive services hereunder, if occasioned by fire, explosion, flood, war, accident, interruption of or delay in transportation, labor trouble, governmental regulation, or any other circumstances of like or different character beyond Buyer's reasonable control, or if occasioned by partial or complete suspension of operations at any of Buyer's offices or other business locations, shall not subject Buyer to any liability to Seller by reason thereof, but, at Buyer's option, the total quantity covered by this Purchase Order may be reduced by the extent of omitted shipments or services, or the specified delivery period may be extended by a time equal to that during which shipments or services shall be so omitted and such shipments shall then be made or services performed during the period of extension.

11.RETURN OR REFUND:

The items purchased from sellers are returnable within the return window of 7 days, except those that are explicitly identified as not returnable with a pre-defined criterion:

• a) Refund only in case of damaged product/wrong product.



• b) it is determined that the product was not damaged while in your possession.



• c) the product is not different from what was shipped to you.



• d) the product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card and accessories).



• e) For the products that are returned by the customer, the refund is issued to the original payment method (in case of pre-paid transactions) or to the bank account within 2-3 business days.



• f) Products marked as "non-returnable" on the product detail page cannot be returned.

12.REPLACEMENT:

If an eligible item is out of stock from the same seller, it cannot be replaced. Items within return window of 7 days and in stock (exact same item) are eligible for free replacement. The free replacement order will be shipped through standard shipping once the original order is returned. A free replacement cannot be created for an item which was returned and replaced once earlier. Manufacturer contact information can usually be found on the item packaging or in the paperwork included with the item. If your item is not eligible for free replacement due to any reason, you can always return it for a refund. The buyer can send the product on its own or seller can get it picked up. Pickup shipping of Rs. 99 has to be borne by the buyer. Free replacements can be requested if the following conditions apply:

• a) Item received is physically damaged.



• b) Item received has missing parts or accessories.



• c) Item received is different from their description.



• d) Item received is defective/does not work properly.