3.4 Obviously, when you pay us the full
advance amount requested by us to cover all Raw Materials and Bought-out Components, no
further changes in Price would apply after the date of payment of advance/ placing of
order till the date of despatch.
3.5 However, in all cases other than 3.4 above, our prices will be
subject to variation on the basis of a Formula arrived at by Association of Indian
Engineering Industry for products / equipments quoted.
4.0 MODE OF DELIVERY:
All deliveries will be ex our works, at BHOSARI, District PUNE /
MAHARASHTRA / EX-OUR SUPPLIER’S WORKS. The goods may be despatched in one or separate
lots at our option. If we are required to despatch the goods on behalf of the purchaser we
can arrange to do so by road transport only to a destination named by the Purchaser on
freight-to-pay basis, on the understanding that no liability is attached to us. The
freight charges contracted by us on behalf of the Purchaser will be treated as negotiated
under the Purchaser's authority and shall, therefore be final.
5.0 PACKING & FORWARDING:
Packing & forwarding will be done at charge mentioned in Price
Schedule. Packing for despatch will be in accordance with our standard practice. Main
equipment is despatched unpacked as per our standard practice.
6.0 INSPECTION:
If so desired by the Purchaser, the goods will be offered for visual
inspection only, at our works / our supplier's works. The date of inspection will be
intimated by us about 15 days in advance and confirmed by the Purchaser accordingly. If
inspection is not carried out on the date so advised, we shall be free to despatch the
consignment as per terms of delivery. Purchaser can also be present during our routine
quality control trials, wherever applicable, at our works, at mutual convenience &
with prior intimation.
7.0 INSURANCE:
Transit insurance has to be covered by the Purchaser. We shall convey
the despatch particulars as soon as possible after actual despatch to enable the Purchaser
to arrange insurance. In case, we arrange the transit insurance, it will be on behalf of
the Purchaser and all claims and its organizing will be done by the purchaser. All other
insurance at site and 3rd party liability and public liability whatsoever is not covered
by us. If the goods cannot be diverted, charge will be made for storage, insurance and
interest at the rate of 1% of the invoice value for each week or part thereof commencing
15 days from the date of proforma invoice.
8.0 ADVANCES:
Advances paid against an order shall not be subject to any interest. We
shall have the right to adjust against such advances because of delay in lifting the
ordered equipment or because of any incidental expenses we may incur or the Purchaser's
behalf. The advance shall be forfeited in case we do not accept request for cancellations
of order.
9.0 GENERAL LIEN:
We shall be entitled to general lien on goods in our possession or
despatched for all money due to us by the Purchaser, both under this contract or any other
account. We shall also be entitled to assign any money in our account from any contract
due to us under any other contract or contracts.
10.0 LIMITATION TO LIABILITY:
In no event shall we be liable for any consequential / liquidated
damages and/or losses whatsoever, arising out of and connected with this work in any
manner.
11.0 FORCE MAJEURE:
The offer is subject to ‘Force Majeure' by which it means causes
beyond our reasonable control such as war, invasion, civil disobedience, Government orders
or restrictions, strikes, lockouts, riots, fire, earthquakes, floods, accidents, breakdown
of machinery, delay or inability to obtain labour, raw materials, wagons, shipping space
or any other causes whatsoever beyond our reasonable control, affecting us or our
sub-contractors, suppliers etc.
12.0 WARRANTY:
All our equipments are thoroughly inspected/tested before despatch and
therefore can be depended upon for long and trouble free service. We undertake to make
good by replacement or repair defects arising out of faulty design, materials or
workmanship within 12 months of the date of despatch providing that if we so require, the
parts in respect of which a claim is made, must be sent at Purchaser's expense to our
works before liability can be entertained under this clause. Such expense will be refunded
if our liability is admitted. Bought out components are also guaranteed by us if the
bought out component has failed because of faulty manufacturing practices. However,
following parts/components are excluded from the guarantee:
- Electrical windings & filaments.
- Rubber & Plastic parts.
- Electronic components.
- Pressure gauges.
- Parts subject to wear & tear.
- Paintings & Hardware.
This warranty does not cover the following:
- Consequential damages.
- Supply of consumables
- Failure, deterioration or damage of equipment, materials due to corrosive atmosphere.
This warranty is valid subject to:
- Installation having been completed within 3 months of despatch of the equipment.
- The supply installation having been formally accepted as per the Handing Over Clause.
- Supply of right fuel oil free from solid impurities and as per relevant IS specification
available at the equipment inlet at a proper head and viscosity.
- The equipment or part thereof not being subject to accident, alterations, abuse or
misuse during storage and handling at site. We recommend storage of all our equipment in
our free of soil / mud / dust, water / rain / severe humidity and severe heat / sun.
- The installation having been made in proper manner as per our installation instructions.
- The equipment being operated and maintained as per our Operation and Maintenance Manual.
- No change/damage/alteration/repairs are carried by customer or any of his agencies to
machine or system without our prior approval once goods have been transferred to
customer's custody. User is expected to keep records, log books, laboratory reports of all
such operation and maintenance practices and periodically report to us about the same.
13.0 COMMISSIONING:
Commissioning Service is offered at cost mentioned in the Price
Schedule fore a reasonable number of visits / meetings to:
a) Discuss installation details in terms of physical / technical
requirements.
b) Make the user conversant with statutory requirements, if any.
c) Discuss details of requirements in respect of power supply, feed,
water, fuel systems etc.
d) Ensure the installations has finally been made as recommended.
e) Commission the unit for a short run from the point of view of
mechanical working and to set various controls as necessary.
f) Conduct demonstration for the purpose of user's education for
equipment operation and maintenance.
14.0 UTILITIES & SERVICES BY CUSTOMER:
The customer in coordination with our site in-charge shall provide
following work & services.
14.1 Lockable / protected storage space for keeping all our material
during installation & commissioning stage.
14.2 Working space in shade with adequate lighting for all our workmen
to work uninterruptedly.
14.3 Necessary electrical power and other required utilities free
of charge during installation stage.
14.4 Access to the units for installation & maintenance (dryer inspection
door, ladder, walkways, gratings, etc.).
14.5 All necessary civil work likes provision of masonry, foundations,
etc.
Our Site Engineer will be deputed for Site Activity only after customer informs us in
writing, completion of requirements stipulated by us through various documents and
correspondence for proper installation, erection and commissioning of the equipment.
During the progress of site work, a daily site report will be prepared by our site
engineer, that will be jointly signed by customer's representative and our site engineer.
Customer is requested to inform us in writing, personnel authorized to sign such a report
on day to day basis and such personnel should be available at site during progress of site
work.
15.0 HANDING OVER:
Unless otherwise specified in the order and accepted, handing over of
the equipment and/or installation would be considered as completed and a formal completion
certificate shall be issued to the buyer/user if any:
a) Material has been supplied as per the terms of scope of supply or
with agreed deviations, if any.
b) Erection, if involved, has been completed generally as per terms of
order or with unavoidable deviations.
c) Equipment has been commissioned, if applicable, generally as agreed.
The buyer/user is expected to put the equipment to commercial use only
after issuing a formal completion certificate. Our responsibility in terms of warranty
shall cease straight away if the equipment is put to use without formal taking over.
16.0 CANCELLATION:
Order received and acknowledged by us shall not be subject to
cancellation, whether wholly or partly for any reason whatsoever without our consent.
17.0 ARBITRATION:
"In the event of any dispute or difference between the parties
arising out of this contract, the same shall unless amicably settled, be referred to three
arbitrators, one to be appointed by each party to the contract and the 3rd Presiding
Arbitrator appointed by the two arbitrators. The decision of the majority of the
Arbitrators shall be final and binding on both the parties. The arbitration proceedings
shall take place in Pune. This agreement is for arbitration within the meaning of the
Arbitration and Conciliation Act 1996, including any statutory re-enactment or any other
modification thereof."
18.0 JURISDICTION:
All contracts between purchasers and ourselves are deemed to be entered
into at Pune and are therefore, subject to the jurisdiction of courts at Pune.
19.0 SECRECY OF DOCUMENTS / INFORMATION:
Any information / drawings shall not be communicated to third parties
in so far as may be necessary for the purpose of the proper execution of this contract and
only if subject to proper undertaking of confidentiality by the receiving party.
20.0 GENERAL:
Any condition or other matters relating to this quotation not expressly
stipulated will be a matter of mutual discussion and agreement at the time of accepting
the order. If this quotation is accepted and an order placed all the above conditions of
sale stand automatically accepted by the buyer.
21.0 PRIVILEGED CLASS CUSTOMERS:
It is our experience that some of our existing customers would qualify
for what we term as "Privileged Class Scheme." Main features of this scheme are:
- The customer honours the terms of payment as per our order acceptance including advance
and final payment.
- The customer observes simple technical requirements specified by us regarding storage,
handling, installation, quality of water and fuel, documented operation and maintenance
care as recommended by us. For this purpose, our engineer will visit the site at various
stages as necessary. The privileged customer will keep periodic communication in these
regards with us.
21.3 Customers meeting these two requirements completely are our
"Privileged Class" customers.
21.4 We offer comprehensive warranty to our "Privileged
Customers" covering equipment manufactured by us as well as the bought-out parts
regardless of whether we have a back to back guarantee from our suppliers. This
comprehensive warranty is limited to replacement or rework at our discretion of all items
on our equipment found by us to be defective in workmanship or unfit for equipment duty
specified. This warranty does not cover liquidated or any other type of damages.
21.5 Especially for our "Privileged Customer", our period of
warranty would extend to 18 months from the date of commissioning.
21.6 After the warranty period of 18 months expires, the "Privileged
Customer" has the option to enter into a Service Contract with us at a nominal price
so that our own Engineer would visit and inspect the installation 4 times in a year and
make a report on the installation of the equipment. It is our hope that most of our
customers would cooperate with us and enable us to offer them the special privilege.
