This website (ASTECHIND.COM) is operated by ASTech Private Limited. All orders placed through this website are governed by ASTech Private Limited’s Standard Terms & Conditions of Sale. ASTech Private Limited (“the Company”).
In these Conditions the following words have the following meanings:
“The Buyer” the person(s), firm or company who purchases the Goods from the Company;
“Contract” any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
“Goods” any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
APPLICATION OF TERMS
When applying for a credit account, the Buyer must provide the Company its full name and address and telephone number, fax number, GST registration number, the address of the Buyer’s bankers, and two trade references.
The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the buyer proposes to apply under any purchase order, confirmation of the order, specification or other documents).
The description of the Goods shall be as set out in the Company’s quotation.
All drawings, descriptive matter, specifications, and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, website, or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
Unless otherwise agreed in writing by the Company delivery of the Goods shall take place at the Company’s place of business.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
Subject to the other provisions of these Conditions the Company will not be liable for any loss (including loss of profit), costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
If for any reason the buyer will not accept delivery of any Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorisations:
- Risk in the Goods will pass to the buyer (including the loss or damage caused by the Company’s negligence);
- The Goods will be deemed to have been delivered; and
- The Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance).
The Buyer will provide at its expense at the time and point of delivery adequate and appropriate equipment and manual labour for loading the Goods.
The Company will arrange for the Goods to be delivered to the Buyer at the Company’s cost within 24 hours only in the following circumstances:
- The invoice value of the Goods is Rs. 1,00,000 (excluding GST) or more; and
- The Goods are to be delivered in India.
In all other cases the Buyer will be liable to pay the couriers charges plus, in cases where the invoice value is less than Rs. 1,00,000 (excluding GST), the Company’s standard charge of 1,000 plus GST.
The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless written notice is given to the Company within 14 days of the date when the Goods would in the ordinary course of events have been received.
Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
The Goods are at the risk of the Buyer from the time of delivery.
Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
- The Goods; and
- All other sums which are or which become due to the Company from the Buyer on any account.
- The director guarantees the payment of monies on behalf of the company
Unless otherwise agreed by the Company in writing the price for the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery.
The price for the Goods shall be exclusive of any goods and service tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the Buyer will pay in addition when it’s due to pay for the Goods.
Payment of the price for the Goods is due within 30 days of the date of the invoice.
All payments payable to the company under the contract shall become due immediately upon termination of this Contract despite all other provisions.
If the Buyer fails to pay the Company any sum pursuant to the Contract the buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment.
Until a credit account is opened, the Company must receive cleared funds prior to delivery of the Goods where the invoice value of the Goods is Rs.1,00,000 or more.
The Company warrants that (subject to the other provisions of these conditions) upon delivery and during the applicable warranty period the goods will be of satisfactory quality and will be reasonably fit for their nominal purpose.
The company shall not be liable for a breach of the warranty in the condition stated above unless:
- The Buyer gives written notice of the defect to the Company, and (if the defect is as a result of the damage in transit) to the carrier, within 3 days of delivery.
- The Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer’s cost for the examination to take place there.
Subject to the condition above, if any of the Goods do not conform with the warranty in condition above the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rate Contract rate provided that, if the company so requests, the buyer shall, at the Buyer’s expense, return the Goods or the part of such Goods which is defective to the Company.
If the company complies with the condition stated above it shall have no further liability for a breach of the warranty in the condition above mentioned in respect of such Goods.
Any Goods replaced will belong to the company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the relevant Warranty Period.
LIMITATION OF LIABILITY
The Company’s total liability in contract, delict (including negligence or breach of statutory duty) mis-representation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the amount of the price which the Buyer has paid to the Company for the Goods in question; and
The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
The Contract shall be interpreted in accordance with and governed by the laws of India and the parties hereby prorogate the non-exclusive jurisdiction of the Courts.