“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.

1.EXPRESS REPRESENTATIONS ON WHICH GOODS AND/OR SERVICES ARE SOLD

(a)    These terms and conditions supersede 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.

(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)    This contract shall be concluded between the parties and shall remain valid, binding and be subsisting on the parties.

2. OBLIGATIONS OF BUYER/CUSTOMER

(a)    Buyer/Customers are advised to check the quantity and condition of goods before accepting the same. If the Buyer/Customer fails to do so before the acceptance of the goods, he cannot hold the Seller liable for any shortages and/or defects in the goods other than manufacturing defects under the manufacturer’s warranty, if specified and valid.

(b)    Buyer/Customer shall intimate the date, time, location of delivery, GST Number, contact details to the Seller in advance before the estimate, offer, invoice and/or dispatch of the machine. However, such delivery time may be extended by the Seller as per Seller’s convenience, market conditions and subject to the machine’s availability and/or price. 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 times, 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 of dust collection, timely lubrication, use of original and/or recommended calibrated raw material/inputs, original and recommended 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 Seller is not responsible for any breakages or shortages or genuineness of goods, after the receipt of the goods and/or during loading, transportation and/or unloading. The Seller is not responsible for any Accident/Damage, which occurs during the delivery within, or outside premises, or during transport 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 authorised 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, Duties, Unloading, Installation Charges including travel, lodging/boarding, Wiring, Commissioning, Lubrication, Fuel, Switchgears arrangement & GST have to be borne by the Buyer/Customer as applicable, if applicable.

5. BREACH OF PAYMENT

If payment is not received within seven 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 statutory forms or the unpaid debit notes raised subsequently.

6. WARRANTY:

(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, and/or product web registration as per the manufacturer’s or seller’s policy, failing which no warranty/service shall and/or will be applicable and/or service will be provided by the Seller.

(b)    We as the Seller, do not give any guarantee and/or 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 success in application. The warranty is limited to recommended use per day and maximum 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 travel, food, stay, repairing, packing, to and fro transportation, transit insurance, and any 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, moisture, 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, laser source, 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.

07. SERVICING:

(a)    Servicing of any machine would attract Visiting/Travel/Lodging/Boarding/Service/Labour/Estimate Charges and the applicable GST, thereon, in advance.

(b)    Machine/s given for Servicing/repairs have to be collected within seven days of completion, or it will attract demurrage charges @ 2% of the value of the machine or Rs. 1000 + GST per day, whichever is higher. If the Machine is not collected within one 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 will 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 and/or sale of used machines. 

08. 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 the use of the machine.

09. 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.

10. VARIATION / SUBSTITUTION / AMENDMENT OF CONTRACT:

Any variation, substitution, amendment of the terms of this contract shall be in writing only by 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.

13. JURISDICTION: