General/Legal Terms & Conditions for Using Shilpa Enterprises Website and Transactions
Terms and Conditions
DISCLAIMER of Warranties/Inaccuracies/Errors
1. Accepting Conditions and their Variance
2. Availability of Information and Materials
All orders accepted by us, and contracts completed by us, which includes but is not limited to the delivery of goods/products, are subject to availability of materials and components that are according to customer specifications. This is essential for us to proceed with, and complete, the contract uninterrupted.
The prices of products/services, as shown on the website, are subject to change without due notice. Users/customers are at this moment requested to confirm the current price of products before placing their orders. The website assumes that due to failure, it may not be feasible to update the website with the current rates at times.
4. Custom Duties & Taxes
The price quoted for products/services on the website shall be excluding any value-added tax, sales tax, services tax, excise/custom duty or any other duty/tax which is payable on the sale of the particular goods/services, and the total shall be paid by the customer in full, or at the agreed price. The customer/buyer/user shall entirely bear all import/excise/custom tax, duty, assessment, fines, or charges that are levied on the sale of the product (clearly written). All statutory duties and other applicable charges are included in the final price of the products/services, or as agreed. Any liabilities that arise from this position, retrospectively, shall be payable by us from the customer. GST, if applicable at concessional rates, is subject to providing relevant documents and declaration forms when the customers receive their invoice. If the customer fails to provide the related documents and statements forms within 60 days of receiving the invoice, shall entitle us to recover the differential tax.
5. Method of Shipping
We shall deliver international shipment through DHL (express and local) delivery, or via EMS or DTDC services. We are willing to use other courier service providers if instructed by the customer to do so. However, we reserve all right to change the method of delivery for essential reasons. In such a case, we shall choose the most profitable and appropriate way. An additional cost shall be borne by the customer when ordering materials that require extra packaging. This shall be disclosed to the client at the time of placing their order.
Shipments If no prior agreement is formed between the customer and us, then the seller shall take complete accountability for any loss or damage to the product, until the product has been delivered to the buyer/customer. In case of a prior agreement between the parties, either is entitled to choose insurance coverage against the risk of damage/loss to their product in the course of delivery. The seller shall make every possible effort to ensure that all goods manufactured are exact in specifications. It is possible in all cases, including those of repeat orders, for the buyer/customer to perform quality/functionality tests, to determine whether the goods are suitable for the purpose that the customer has in mind for their use. The seller shall not be held responsible/liable for misuse of the products or the client’s failure to carry out their statutory obligations. The seller requests and expects that the buyer shall verify and inspect all packages delivered, immediately. In case there is damage to the product, then the buyer should notify us about any such damages/defects/shortage of the products within seven working days from the date of receiving the product. The buyer has to inform the issue to us within seven days to allow us to take appropriate remedial action.
7. Return Policy
Buyers should note that some materials are not covered under the Returns Policy by us. These include, but are not limited to, specially-ordered materials, items that have missing/damaged labels/parts/instructions and materials that have been removed. However, the products whose defect can be logically attributed to the Seller shall be included within the Returns Policy. Buyers are responsible to check all packages immediately on delivery and return the products that do not match the description/requirement. We shall not entertain any return of product unless and until the above procedure has been performed. Final disposition is made after receiving the goods and its inspection. If the product is returned, the freight charges shall be borne by the buyer/customer, or the returned package shall not be accepted by us unless agreed to prior. Hazardous materials, if returned, shall pay complete restitution in complying with the regional regulations. All returned goods shall have to reach us on or before the Return Authorization Date expires, which will be notified to the buyer at the time of sale. We shall hold the right to make the final decision solely, regarding the return and replacement of the returned product, and to refund the buyer the purchase price. Products that require specific disposal procedures shall face additional charges. In case the buyer returns the product which has no damage that can be attributed to the seller, then the buyer shall have to pay an additional 20% of the purchase price to return such product, in addition to air freight charges and any other additional expenses that may incur.
8. Force Majeure
We shall not be liable to the customer or be deemed to be in breach of contract because of a delay in performing. We shall not be held responsible for any failure to perform any of our obligations regarding the goods when the delay/failure is due to a cause beyond our control. With no prejudice to the preceding regulations, the following shall be regarded as causes which are beyond our (seller) control – including but not limited to natural calamities, such as earthquakes, floods, explosions, fire, or accident, sabotage, war or threat of war, civil disturbance, insurrection, requisition acts, and issues like import/export regulations, sanctions, embargoes, lock-outs, strikes and other forms of industrial/trade disputes, machinery breakdown, power failure, problems in procuring raw material, labor, fuel or parts for the machinery.
Law & Settlement of Disputes All disputes that arise about the legality, interpretation, performance or application of this order, or any of its terms and conditions, shall be governed by the laws of India unless coming under the conflict of laws principle.
10. Withholding Delivery
We are wholly entitled to withhold delivery of any goods. In case of outstanding amounts which are overdue from the customer for invoice previously issued by us, or on receiving such product, the credit limit of the customer will exceed. In deciding the customer’s credit limit for such events, the aggregate value of all invoices previously issued to the customer by us, including delinquent bank accounts, are taken into consideration.
11. Passing of Risk
The risk connected with goods shall pass to the customer once the products have been given to the freight location specified by the client, by our delivery service/agent.
12. Passing of Ownership & Retention of Title
As long as the customer has pending amount to be paid to the seller for a product/service overdue, the title of ownership of the product shall be retained with us and shall be passed on to the customer at the complete payment of the overdue/balance amount. The customer hereby acknowledges that they shall not be entitled to, or undertake in the sale/transfer of the goods until the customer receives the title of ownership from us. Until such time, the customer shall only be entitled to enter into a contract of sale of such goods on the condition that the sale proceeds shall be directly remitted to us. We, however, shall not be liable for any such obligations of such third-party. We may also choose to maintain an action for products price; the title of ownership has not been passed to a customer.
All payments must be made in the name of Shilpa Enterprises. All payments must be either be in wire transfer, credit card, debit card, PayPal, cheques, demand drafts drawn in favor of Shilpa Enterprises. Remittance should be done in advance of the invoice unless otherwise specified. All payments shall be made without set-off or deduction. When the delivery network spreads over the period, every package shall be treated individually, and charged and shipped separately as well as determine the specific payment. We reserve complete right in cases where a legitimate doubt arises to a customer’s financial position, or in case of failure of payment for any goods or for delivery or installment as mentioned before, to perform any order or any part of the installment without liability until the customer has furnished satisfactory payment/security in focus.
14. Suitability & Fitness
Although we makes all efforts to ensure that all goods are manufactured according to specifications, which is the case for repeat orders as well, it is the responsibility of the customer/buyer/user to perform credible tests to ensure that the product being delivered is up to the purpose it is meant for. We shall accept no liability for misuse of the products, or failure of the customer to carry out their obligations. Purity levels, where quoted, are average figures and may vary between any two batches. Reasonable variations in purity levels that are quoted shall not be deemed as non-conforming to specifications. Any customer who claims that the product is defective, with regards to its material or finish, must give written notice to the same effect, providing detailed information of the alleged damage/defect, and if requested by us, shall return the goods in proper packaging, with paid carriage inside 30 days from the time they accept the goods. We shall replace products that we acknowledge are defective, on the condition that they have not been tampered with in any way, or have been subjected to improper treatment, and provided that the defects/damage has not resulted from fault design or incorrect specification by the customer. Goods that are returned to us and replaces shall become the property of ours. Under no circumstances shall our liability to the customer, in case of returned goods, exceed the purchase price of the goods. We shall also not be held liable in whatsoever way (including but limited to contracts, tort litigations) for any loss of profit (directly/indirectly/as a consequence/in contingency) for loss, damage, injury or expense suffered/incurred by the customer. This includes but is not restricted to, damage of business, depletion of goodwill, etc. We shall not be liable, in any respect, for any claims made against the customer by any third-party/sub-contractors/affiliates, and the customer is to indemnify us against any claims that are brought about by such third-parties, as relating to our goods. Goods that are supplied by us are meant for research and development (R&D) laboratories. Specifically, to avoid any doubts, no warranty is provided regarding the suitability for food, drug, cosmetic, agricultural, etc. use.
The waiver by us to breach the terms mentioned above and Conditions of website use, does not prevent the subsequent enforcement of the term, and shall not be deemed to be a waiver of any subsequent breach of that or any other condition thereof. This document of Terms and Conditions of Use of Shilpa Enterprises is in substitution for, and (to the extent permissible under Indian law) does not include conditions, warranties and terms that dictate that satisfactory quality and fitness of products, whether implied or expressed, as conferred by common law, statute or otherwise provided in the condition shall exclude, or limit, our liability for fraudulent misrepresentation.