GENERAL TERMS & CONDITIONS
“SELLER” MEANS CAPLE INDUSTRIAL SOLUTIONS.
“MANUFACTURER” MEANS THE COMPANY MANUFACTURING THE GOODS AND/OR MACHINERY.
“BUYER” OR “CUSTOMER” MEANS ANY PERSON, INDIVIDUAL, COMPANY, FIRM, ENTITY, CORPORATE BODY, ASSOCIATION WHETHER
REGISTERED OR NOT.
*PLEASE READ AND/OR UNDERSTAND ALL THE TERMS AND CONDITIONS PROPERLY AND CAREFULLY
1. EXPRESS REPRESENTATIONS ON WHICH GOODS ARE SOLD:
(a) The Buyer/Customer is required to make payment in advance on booking and the balance of money before the delivery of the machine unless and until specifically agreed in writing by the seller.
(b) Goods once booked, or invoiced, or sold, or delivered, will not be cancelled and/or taken back, or exchanged, under any circumstances. The entire advance given will be forfeited, to cover the losses incurred due to such cancellation for whatever reason.
(c) Any Sale/Transaction or just the acceptance of the Offer, Quotation, Proforma Invoice, Sales Order Confirmation, Delivery Challan or Tax Invoice implies that the Buyer/Customer has fully read and/or understood & accepted all the terms & conditions mentioned herewith and will abide by them & the purchase done by the purchaser is subject to his agreeing of all the terms & conditions mentioned herewith.
(d) Catalogues, Videos, images, brochure, pamphlets, web-links, sticker on the machine etc are for representation purpose only and the actual item may vary. The Seller does not represent them on its own and all such publication materials are supplied by the manufacturers.
(e) The value of the machine is Ex Works or Caple’s Ex Warehouse only not including packaging, shipping, insurance, or duties and other costs involved with delivery unless and until specifically mentioned in writing by the seller.
(f) All payments shall be in the currency mentioned in the Invoice of the Seller and payments are to be made of full invoice amount without any deduction or charges. The payment will be accepted only when it is duly credited in the accounts of the Seller.
(g) Buyer/Customers should read, understand and strictly follow the User Manual provided to them by the Manufacturers before installation and commissioning the machine.
(h) This contract shall be concluded between the parties and shall remain valid, binding and be subsisting on the parties.
(i) All the terms and conditions that may be contained in the Purchaser order issued by the Buyer/Customer is not applicable and is not binding on the Seller and the same shall stand cancelled and/ or terminated on the execution of this agreement.
2. OBLIGATIONS OF BUYER/CUSTOMER:
(a) Buyer/Customers are advised to check and recheck and receive the goods in proper order & working condition only. If the Buyer/Customer fails to do so, he cannot hold the Seller liable for any defects in the goods. The goods shall be checked or ensured to be checked by the Buyer/Customers in the godown before loading or at the time of taking the delivery.
(b) Buyer/Customer shall intimate the date, time, location of delivery, GST Number, contact details to the Seller at least 72 hours in advance before the dispatch of the machine. However such delivery time may be extended by the Seller as per Seller’s convenience and subject to availability of the machine. The Buyer/Customer shall not raise any dispute, demand or claim in this regard.
(c) If the Buyer/Customer fails or delays in accepting the delivery of machine within one month of the requested delivery date or intimation given by the Seller to the Buyer/Customer, then the Seller is entitled to withdraw from the contract and without prejudice to other rights and remedies that shall be available to the Seller under the provisions of law applicable thereto, the Seller shall become entitled to claim 100% of the purchase value and liquidated damages to the extent of double the machine value, if the contract has already been completely fulfilled by the Seller.
(d) The Buyer/Customer agrees to read and understand the machine manuals and instructions for the safety, provide as necessary at all time, a trained machine tool operator, ensuring dry, clean and lubricated, sufficient volume and pressure of compressed air, stable and spike free uninterrupted power, effective and sufficient volume, velocity and negative pressure dust collection, timely lubrication, use of original and/or recommended calibrated raw material/inputs, consumables and spare parts and housekeeping of the machine including the regular checking and changing/sharpening of filters/consumables/tools/wear and tear parts on time within and out of warranty period.
3. COVENANT OF THE BUYER/CUSTOMER:
The responsibility of Seller ceases after the delivery by the Seller and the Seller is not responsible for any breakages or shortages or genuineness of goods, thereafter, or in loading, transportation or unloading.
The Seller is not responsible for any Accident/Damage, which takes place during the delivery within, or outside premises, or during transportation or unloading. Buyer /Customers are requested to take adequate transit insurance, at their cost. The Seller cannot be held liable for any damage and/or shortage in the goods during the transit period and/or once the goods are delivered to the authorized representative of the Buyer/Customer. If the Buyer/Customer refuses or avoids or neglects to check the goods in the godown then in that case, the Buyer/Customer shall not hold the Seller liable for any damages and/or shortcomings of the goods and the Buyer/Customer shall be liable for the damages and/or shortcomings.
4. PAYMENT OF TAXES / LEVIES / SERVICE CHARGES / OTHER CHARGES:
(a) Any/all taxes/levies will be extra. Loading, testing, fitting, wiring, installation, commissioning, travel, lodging, boarding and any other service on the product thereon, will be charged extra over and above the MRP/Invoiced value as an additional service charge and GST, as applicable, if applicable.
(b) Loading, Transportation, Transit Insurance, Entry Tax, Octroi, Unloading, Installation Charges including travel, lodging/boarding, Wiring, Commissioning, Lubrication, Fuel, Switchgears arrangement & charges for the same have to be borne by the Buyer/Customer as applicable, if applicable.
5. BREACH OF PAYMENT:
If payment is not received within 7 days, then without prejudice to the right of the Seller to claim damages, interest @ 18% p.a. will be charged on Invoice amount till the first three months after which the Seller shall have the rights refuse service, cancel warranty or terms on the machine and has the right to repossess and then resell the product/ goods and the Buyer will not be entitled to claim any damages for the same. The Seller will also have the right to repossess and/or stop service, even within the warranty period or post-warranty period, if the payment is pending on any account, from the Buyer/Customer to the Seller, including pending C Forms or debit notes raised ubsequently.
(a) There shall be no Warranty unless & until mentioned in writing. For Warranty/ Service Buyer/Customer has to produce the Invoice or cash memo, along with the filled stamped/warranty Card, failing which no warranty/service shall and/or will be provided by the Seller.
(b) We the Seller do not give a Warranty for any Product. Warranty, if given/is back to back and is given by the manufacturer, only & is ex-works of the manufacturer and against the manufacturing defect only, for the goods sold & not for the successful application, and is limited to the value of the product. Warranty is given by the respective Manufacturer. The time taken for the service depends on the availability of the spares and/or lead time, which is decided by the Manufacturer or Service person / Centre and we are not responsible, under any circumstances, whatsoever, for any delay/loss incurred due to such delay, arising due to any reason. The service /replacement within warranty is limited to only one visit & thereafter it is chargeable. Buyer/Customers shall only hold the manufacturer/s liable for any Manufacturing Defect/s in the product. The Buyer/Customers cannot hold the Seller liable for any manufacturing defects in the goods. The Buyer/Customers shall approach the Manufacturers directly for any claims arising out of any manufacturing defect/s of the goods and the Seller shall not be liable for the same.
(c) For or after Warranty/Installation/Commissioning/Service in any/all items the Buyer/Customer has to contact, the service centre of the Seller directly and any/all expenses, as applicable, if applicable shall be borne by Buyer/Customer, including repairing/transportation/duties charges.
(d) The Buyer/Customers should strictly read, understand and follow the manufacturer's user manual before installation, commissioning and operating the machine tool. If the Machine Tool or any part thereof is opened by any untrained/unauthorized person, or any modification is made on the original machine tool, or any wrong tool or uncalibrated input raw material or duplicate spare part or consumable or accessory, is used, or if the accuracy is within the industry’s tolerance limits or any Trademark /Copyright/Label/Serial Number of the Manufacturer is compromised/infringed/removed or if the material is used for any wrong application or used with uncalibrated inputs /raw material, or if the fitting/direction/speed of use is wrong, or if it is overloaded/overused or any foreign material/ particle/debris/water/dust/debris enters the machine tool and/or if lubrication is not done properly, or on time, or if the machine is used carelessly, exposed to bad weather/working environment/rodents or run dry without lubrication or if wiring connection/voltage/earthing/current has a spike/short circuit or is bad/wrong, or proper starter/safety/switchgear/stabilizer/isolation transformer/dryer /filter/lubricator/moisture separator/dust collector, is not provided and or the machine or the inputs are not cleaned on time for the same, during the Warranty period, Warranty will be null & void, whereby any and all the service and spares will be on chargeable basis and the Seller/Manufacturer shall have the sole right to even withdraw all services to such products.
(e) There is no warranty for wear and tear parts, consumables, capacitors, chucks, bearings, breakages, seals, flexible shafts, tools, bits, blades, accessories, heaters, washers, switches, switchgear, coils, pneumatics, sheets, membrane, electrical and electronic parts, single phasing, reverse forward use, any imported items/Armature/Coils & alternate burning of coils, the performance of water suction of pumps in municipal pipelines and/or any consumables/all wear & tear parts.
(f) The warranty can be revoked and terms & conditions can be changed, at any time by us, as we may deem fit and proper, without any prior notice to the Buyer /Customer.
(a) Servicing of any machine would attract Visiting/Travel/Lodging/Boarding/Service/Labour/Estimate Charges + The applicable service tax, thereon, in advance.
(b) Machine/s given for Servicing/repairs have to be collected within 7 days of completion or it will attract demurrage charges @ 2% of the value of the machine or Rs. 500/ + service tax per day, whichever is higher. If the Machine is not collected within 1 month from the date of completion of the repair and/ or service of the Machine, then, the Seller shall have the right to sell the same to recover the costs and charges for the same and the balance shall be forfeited by the Seller and the Buyer/Customer shall not be entitled to claim any kind of damages of whatsoever nature for the same.
(c) The Seller is not responsible for any machine not collected within 3 months, from the date of the delivery & the machine would be disposed of, at the cost/risk of the Buyer/Customer and the Buyer/Customer shall not be entitled to claim any kind of damages of whatsoever nature for the same.
(d) We may charge 20% more than the estimate given, without prior approval of the Buyer/Customer , if required. There would not be a requirement of pre-approval from the buyer if the spare and service charges are less than Rs 5000.
(e) There is no warranty for any repairing jobs.
8. LIMITED LIABILITY OF SELLER IN RESPECT OF GOODS MANUFACTURED BY SELLER:
The maximum liability of the Seller is to the extent of the value of machine or value of repairs to the machine manufactured or assembled by Seller, whichever is lower, provided that such liability has arisen due to acts of the Seller and only if the Seller has committed the same in writing. In any given case the seller shall not be held liable for any financial losses or damages caused to the Buyer or Buyer/Customer due to use of the machine.
9. TRADEMARK / COPYRIGHT / PATENT OF MANUFACTURER OR SELLER:
The Manufacturer or Seller as the case may be reserve all ownership rights, trademark, copyrights, and intellectual property rights to all drawings, plans, samples, cost proposals and other documents or electronic data about the delivered machine (including the right to file for such rights) and the Buyer/Customer shall ensure that all such rights are not transferred to third parties without the consent of Manufacturer or Seller.
The Headings given to the clauses hereinabove are for reference only and the same does not influence the interpretation of the document as a whole.
11. VARIATION / SUBSTITUTION / AMENDMENT OF CONTRACT:
Any variation, substitution, amendment of the terms of this contract shall be in writing only by the way of executing separate presents. All the correspondence that shall be exchanged after the execution of this contract shall not be termed as variation, substitution and/or amendment of terms and conditions of this contract in any manner whatsoever.
12. LETTERS / NOTICES:
All letters/notices that shall be required to be communicated and exchanged between the parties shall be exchanged at the address provided by the Buyer at the time of booking. The responsibility of providing the correct address shall be of the Buyer and once the letter/notice is dispatched by registered post to the buyer or email provided by the Buyer, the service of such letter/notice shall be deemed to be complete on Buyer.
This Contract is executed by and between parties at Mumbai and Courts in Mumbai alone will have jurisdiction over all disputes that may arise out of the contract.