1. Definitions

• • D-ERT: [D-ERT]
  • Buyer: [Customer Name/Company]
  • Products: Electro/ mechanical machines and related accessories sold by the D-ERT.
  • Order: Purchase order issued by the Buyer for Products.

2. Acceptance of Orders

• • Orders are subject to acceptance by D-ERT.
  • Any changes to the order must be agreed upon by both parties in writing.

3. Price and Payment

• • Prices are as quoted in D-ERT’s quotation or as agreed in writing.
  • Prices exclude taxes, Transit insurance, shipping, and handling.
  • Payment terms are 70% Advance, 30% when ready for dispatch.
  • Late payments may incur interest at 2% per month.

4. Delivery and Risk of Loss

• • Delivery dates are estimates and not guaranteed.
  • Risk of loss passes to the Buyer upon delivery to the transporter.
  • The Buyer can inspect the product at our premises before dispatch. Further he must inspect Products upon delivery and report any damage or discrepancies within 5 business days.

5. Warranty

• • D-ERT warrants that Products are free from defects in material and workmanship for a period one year from the date of delivery. In instances where Installation and training is in D-ERT’s scope a further Period of 6 Months is added to give both parties to commission the same. In such a situation the warranty is 18 months from date of supply or 1 year from commissioning whichever is earlier.
  • The warranty does not cover damage caused by misuse, unauthorized modifications, or external causes.
  • Further D-ERT does not warrant electric motors switches and starters.
  • D-ERT’s liability under this warranty is limited to repair or replacement of defective Parts or Products.

6. Returns and Refunds

• • Returns are accepted only with prior authorization from D-ERT.
  • The Product cannot be returned once sold.

7. Limitation of Liability

• • D-ERT’s liability for any claim arising out of or related to the sale of Products is limited to the purchase price of the Products.
  • D-ERT is not liable for any indirect, incidental, or consequential damages to machines or persons associated with its handling and operations..

8. Intellectual Property

• The sale of Products does not transfer any intellectual property rights to the Buyer.
• The Buyer must not use D-ERT’s trademarks or other intellectual property without written consent.

9. Confidentiality

• • Both parties agree to keep confidential any proprietary information received from the other party.
  • This obligation continues after the termination of the agreement.

10. Governing Law and Dispute Resolution

• • These terms and conditions are governed by the laws of India.
  • Any disputes arising out of this agreement shall be resolved through, arbitration, mediation, or courts in the jurisdiction of Mumbai.

11. Force Majeure

• • D-ERT is not liable for delays or failures in performance due to causes beyond its reasonable control, including acts of God, natural disasters, and industrial actions.

12. Amendments

• • Any amendments to these terms and conditions must be in writing and signed by both parties.

13. Severability

• • If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14. Entire Agreement

• • These terms and conditions, along with any associated order or contract, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

Signature

• A Signature is not necessary to enforce this agreement the PO we have received confirms that the buyer is party to this agreement.

These terms and conditions aim to clarify the responsibilities and protect the rights of both D-ERT and the buyer, ensuring a smooth transaction and minimizing potential disputes.