Purchase Order Agreement: All sales and contracts for sale of all products by our company, affiliates of our company, hereinafter collectively and individually, to purchaser and their affiliates , herein after collectively and individually Purchaser are subject to the Purchaser’s consent and agreement to these general terms and conditions of sale, hereinafter Conditions. “Company” henceforth in below T&C’s refers to our organization. We/ our group companies hereby objects to any terms or conditions contained in any purchase order or other communication of any kind from the Purchaser that is conflicting, inconsistent or additional to this document. No waiver, alteration, addition or modification of the Conditions shall be valid unless made in writing and signed by an authorized representative of our company. The Conditions constitute the entire agreement between our company and Purchaser, collectively Parties and individually Party, and supersede all prior or contemporaneous oral or written understandings, negotiations, warranties, or agreements of any kind. In the case of a conflict between the Conditions and a written contract signed by the Parties, the following order of precedence shall apply: (a) a fully executed contract between he Parties such as a supply agreement; and (b) Companies Conditions. We reserve the right to modify the Conditions unilaterally without notice. An affiliate, hereinafter Affiliate, with respect to a Person is any other Person, either directly or indirectly, controlling, controlled by or under common control with such Person. Person means an individual, a partnership, a corporation, an association, a joint stock company, a trust, a joint venture, an unincorporated organization, a limited liability company or a governmental entity (or any department, agency or political subdivision thereof).
Lead Time and Delivery: Company provides manufacturing lead times and does not guarantee delivery dates. All lead times mentioned in any quotation or order confirmation or other media are good faith approximations only and do not represent any binding obligation with Purchaser. Lead times are calculated from the latest date of the following events: (a) the date the order is confirmed by the company, (b) the date the Purchaser’s final drawing approval is received by the company or (3) the date down payments or deposits are received from the Purchaser. Unless otherwise expressly agreed to in writing by company, delivery will occur when loaded on the Purchaser’s vehicle or handed over to a carrier for transport of the Products to the Purchaser’s designated location as per agreed terms.
Technical Liability & Sampling: All statements, technical information and recommendations concerning the Products sold or samples provided by company are based upon information believed to be reliable, but do not constitute a guarantee or warranty. It is the sole responsibility of Purchaser/ End user to independently determine, prior to use, that Products are suitable for the purposes of Purchaser. Any and all customer specific requirements; to product, materials, tolerances and other such details, or any compliance specification required or requirements for non-standard production materials to those stated on Standard Mechanical Seal Material Specification, must be clearly specified upon your written order. Our acceptance of the same is solely confirmed by a specific confirmation upon the Sales Order Acknowledgement or our separate specific written advice. You must check the same for confirmation and validification of your requirements within the Sales Contract, or our advice. Products should be stored at appropriate conditions and should be used before its shelf life.
Product Storage & Fittment: Products should be stored at appropriate conditions and should be used before its shelf life. Fittment and installation is in customers scope. Company shall not be liable for any defects found due to fittment, storage & installation. If any defect found material shall be returned back in unused form. Inspection before installation is end users/ purchasers responsibility. Any defect material shall be returned to company within 3 days from date of receipt.
Please note that due to the many application variants, which could affect product performance, all of the information supplied is given in good faith and in company’s best judgment and is meant for guidance purposes only. We make no warranty that any of company product will perform satisfactorily in a given application and would strongly recommend an independent evaluation prior to acceptance.
Payment Terms, Deductions, Setoffs, Rebates & Penalties: Any extension of credit allowed to Purchaser may be changed or withdrawn at any time. Unless otherwise expressly agreed to in writing by the Parties, payment of invoices shall bein the invoiced currency within stated terms from the date of
invoice without anysetoff or discount being applied. Company, reserves the right to determine, set and collect down payments or deposits for any purchases at the time an order is placed. Company does not accept any penalties, deductions, setoffs or rebates as a condition of supply.
Confidentiality: Purchaser shall not disclose to any third party technical data, know‐how, trade secrets, drawings, models, designs, engineering calculations, specifications, assembly drawings, business plans, customer information, employee information, customer accounts, pricing, or information observable or knowable from the aforesaid, hereinafter Confidential Information, received from or made available from or obtained from or made knowable from, AQUIRED FROM, Company in connection with a sale, proposed sale, transaction or proposed transaction with Purchaser, and shall use this information exclusively in fulfilling its obligations and commitments towards the company. Purchaser’s obligations, covenants, and/or promises with respect to any portion of the Confidential Information AQUIRED FROM company shall terminate when the Purchaser can establish that such portion of the Confidential Information (a) was in the public domain at the time it was AQUIRED FROM company by Purchaser; (b) entered the public domain subsequent to the time it was AQUIRED FROM company by the Purchaser through no fault of the Purchaser; (c) was in the Purchaser’s possession free of any obligation of confidence to company at the time AQUIRED FROM company; (d) was rightfully obtained by the Purchaser from a third party under no obligation of confidentiality to company; (e) required to be disclosed by operation of law, in which case company shall be given advance notice of the disclosure and an opportunity as provided by law to prevent such disclosure.
Limited Warranty: Subject to the conditions and limitations hereinafter stated, company warrants its products to be free from defects in material and workmanship for a period of 12 months after delivery and said warranty is limited to repair of the defect, replacement of the product or part thereof or prorated credit towards the value of the product at companp’s discretion. This Warranty is only valid for the original Purchaser of the product and is not transferable. Proof of purchase may be required to obtain warranty performance. If company accepts a warranty claim, company will assume the transfer costs involved in returning it to company including reasonable costs of installation or removal whenever appropriate but not to exceedthe value of the product itself. Notification of defect on parts or product must be given in writing to company within 14 days after receipt of goods or in the case of latent defects as soon as discovered but no later than 12 months from delivery. This warranty does not extend to damages to the product caused during transport, and Purchaser is responsible for insuring the goods during transport. This warranty doesnot cover normal wear and tear, damage caused by misuse, abuse, neglect, alterations or repairs by unauthorized persons. This warranty is not applicable to prototypes or sample parts. The warranty is void if the products are purchased from a non‐authorized reseller. The warranty herein provided is exclusive and in lieu of all other warranties whether statutory, expressed or implied, including all warranties of merchantability and fitness for a particular purpose, and all warranties arising from course of dealing or usage of trade. All other warranties, except the herein Limited Warranty, are expressly disclaimed by company. When the Purchaser’s order is executed according to Purchaser’s designs, drawings, technical specifications, models or samples submitted by Purchaser, Purchaser bears full responsibility for warranty claims arising from the Product’s failure and Companies Limited Warranty does not apply.
Inspection & Right to Contract, Output: Equipments/ parts are manufactured at an authorised facility. The system would be offered for inspection at works before dispatch, if required, at all costs to Client. We reserve the right to contract manufacture either partly or wholly, any part of the order/contract. We shall however ensure the quality of performance as envisaged in the warranty clause. We recommend standard forward system based on specific application requirements. However, for agressive, critical areas/ applications, output depends on exact product selection.
Order Amendments & Price Escalations: Any change in specifications & other terms shall entail revision of delivery and prices including statutory variations. The prices offered by us are based on the present costs of labour, raw materials and on the prevailing rates of taxes, excise duty, etc. and any increase in costs due to substantial variation in these said items of costs shall be fully adjusted to your account.
Jurisdiction/ Arbitration & Cancellation, Force Majeure: The performance as per our offer is subject to force majeure. But it means that we are not liable for non-performance for reasons beyond our reasonable control such as war, invasion, civil disobedience, Gov-ernment orders or restrictions, strikes, lockouts, riots, fire, earthquakes, floods, accidents, delay or inabil-ity to obtain labour, raw materials, wagons, shipping scarce, or any such other causes including those of similar nature affecting our sub-contractors, suppliers, etc. All contracts between purchaser and ourselves are deemed to be entered into in Hyderabad and are therefore, subject to the Jurisdiction of Court of Hyderabad only. Order received and acknowledged by us shall not be subject to cancellation, either wholly or partly for any reason whatsoever without adequately compensating us.
General: Any condition or other matters relating to this offer not expressly stipulated will be a matter of mutual discussion and agreement at the time of acceptation the order. If this offer is accepted and order placed, all the above conditions of sale stand automatically accepted by the buyer. We hope, you will
find our offer competitive should you require any further information, please feel free to contact us.
ASPIRE ENGINEERING SOLUTIONS
Corp Office: 5-9-22/1, III Floor, Hill Fort Road,
Opp New MLA Qrts, Hyderabad – 500063
aspireengineering.co.in | contact@aspireengineering.co.in
C: 040-66686866 | 9989876549
