These are the terms and conditions of sale which apply to all goods sold by the seller to the customer. These terms and conditions shall take precedence over any terms and conditions which may be contained in the customer’s order or other documentation and may only be altered with the express written agreement of the seller.
All goods supplied by the seller shall be supplied subject to these terms and conditions only. These terms and conditions shall take precedence over any terms and conditions which may be contained in the customer’s order, or other customer documentation, and may only be altered with the express prior written agreement of the seller.
Any conflicting statements or special terms contained in any acceptance order or other documentation issued by the customer shall not be effective, unless such conflicting statement or special terms have been expressly agreed to in writing by the seller.
The customer shall purchase goods from the seller by completing an order form specifying the quantities and particulars of the goods required and, if applicable, the address to which the goods must be delivered. No order for any goods shall be binding on the seller unless and until the seller has accepted such order in writing. The seller shall be entitled in its sole discretion to decline any order placed. Each order accepted by the seller shall be and constitute a separate contract.
The prices payable by the customer to the seller for the goods shall be the ruling prices stipulated in writing by the seller at the time the order for the goods is placed by the customer in terms of clause, and such prices shall include Value Added Tax. Should the seller agree to deliver the goods to the customer, then in addition to the purchase price payable for the goods, the customer shall pay to the seller all costs of delivery of the goods to the address stipulated in the customer’s order, including, without limiting the generality of the afore going, the cost of insurance.
Unless otherwise agreed in writing by the seller, the purchase price for the goods together with the costs of delivery of the goods, if applicable, shall be paid by the customer to the seller into a bank account to be nominated by the seller to the customer in writing from time to time. Payment of the purchase price for the goods shall be made within 5 (five) days from the date on which the customer received an invoice for the goods, without set-off or deduction, and free of exchange. Should the customer be unable to take delivery of the goods, payment shall nevertheless fall due. The terms of payment set out above, shall apply equally to price variation claims.
The seller shall be entitled to charge interest at two percentage points above the ruling prime overdraft rate quoted by banks in respect of any period during which payments are overdue.
The goods may be delivered by rail, road or air as the seller may in its discretion decide. If the goods are delivered by rail or air, then delivery shall be deemed to have been given to the customer when such goods are handed to the railways or airways authorities as the case may be. If the goods are delivered by road, then delivery shall be deemed to have been effected when the goods are off loaded at the customer’s premises, provided that when the carrier has been nominated by the customer, delivery shall be deemed to have taken place at the time that the goods are handed to the nominated carrier. All risk in and to the goods shall pass to the customer upon delivery. The customer shall be obliged to accept the delivery of the goods at the date specified or requested by the customer in writing in the order of the customer referred to in clause and which has been accepted by the seller in terms of clause.
Should the customer fail to accept delivery on such date, the risk of loss or damage to the goods together with all and any expenses pursuant thereto, including but not limited to insurance, storage and further delivery charges shall be borne by the customer and paid to the seller by the customer on request. When delivery of the goods is spread over a period, each separate delivery thereof shall be invoiced when dispatched. Each statement shall be treated as a separate account and payable in terms of clause. Where there is a shortage in any goods delivered to the customer or where the goods so delivered are delivered in a damaged condition, the customer shall give written notice to the seller of such shortage or damage within 5 (five) days of delivery to the customer’s premises.
Should the customer fail to give such notice, the customer shall have no claim in respect of any alleged shortages or damage and the goods shall be deemed to have been delivered in a complete and undamaged state.
The seller shall endeavour to deliver the goods at the earliest possible time but in no instance can the seller accept liability for any loss or damage arising from the late delivery of the goods and time shall not be of the essence of the contract. No liability shall attach to the seller as a result of the failure to deliver if such failure is due to circumstances beyond the seller’s control.
It is recorded that delivery dates shall be regarded as indicative only and whereas the seller will do everything possible to keep to such dates, the seller cannot be held responsible for any failure to do so. Notwithstanding anything to the contrary in these terms and conditions, but always subject to the provisions of clauses the seller’s liability in respect of any failure by it to deliver the goods, or to deliver the goods timeously, shall be limited to an amount equal to the amount of the purchase price of such goods and, in any event, the seller shall not be liable for any consequential loss, loss of profit, special damages or any indirect loss of the customer.
The goods will not be accepted for return without the prior written consent of the seller first being had and obtained, and should such consent be given the goods must be returned carriage paid to the seller undamaged in the original factory sealed packing.
Provided that inspection by the seller reveals that the goods are in a saleable condition, which decisions shall rest solely with the seller, credit will be passed to the customer less 15% (fifteen per centum) of the original invoice price to cover the cost of examination, handling and repacking. In the event of the seller making an incorrect delivery, then and in such event the goods shall be returned without the prior written consent of the seller being first had and obtained and such returns shall be for the account of the seller and shall be properly marked with the order number. Should the goods be returned to the seller by the customer without the prior written consent having been given, the seller shall be entitled to store the goods at the customer’s sole risk and a reasonable charge for such storage shall be made?
The seller shall not be obliged to accept or act upon any changes, modifications or additions to original customer instructions if such changes, modifications or alterations were given subsequent to the seller’s acceptance of the customer’s order. No variations of these terms and conditions or additions hereto shall be of any force or effect unless reduced to writing and signed by both the seller and the customer. All rights are fully reserved by seller to act upon any changes, modifications or additions during contract for the betterment of goods and services.
The seller shall not be liable to the customer for any damages including, but not limited to, consequential loss or loss of profits arising from the performance or non-performance by the seller of its obligations in terms of these terms and conditions. This exclusion of liability shall relate to claims for breach of contract as well as for alleged negligence on the part of the seller.
The customer further indemnifies the seller against any claims that may be made against the seller by any third party for any damages including, but not limited to, consequential loss or loss of profits arising from the performance or non-performance by the seller of its obligations in terms of these terms and conditions or in connection with the use of the goods, whether such claims are in respect of damage to property, consequential loss, personal injury or death.
The customer agrees that the seller shall not incur any liability under the Occupational Health & Safety Act No. 85 of 1993 (specifically Section 10 of that Act).
The seller shall not be liable for any damage to or subsequent malfunctioning of goods as a result of work done on the goods or services rendered in connection with such goods by any unauthorised third party.
The customer’s claims against the seller for breach of warranty are restricted to the terms set forth in any warranty form furnished to the customer with the goods sold. The said warranty is given in lieu of any liability at common-law, and any other warranties or representations concerning the goods sold, whether express or implied by law, are excluded.
Any warranty given by the seller from time to time shall not apply if the customer fails to use the goods in the manner recommended by the seller or if the goods are used for any purpose other than that for which they are intended, or if the goods are modified or repaired by an unauthorised person, or are damaged by the customer in any way.
Notwithstanding delivery of the goods to the customer, the seller shall retain ownership of the goods until whole of the purchase price, together with interest charged in terms of clause above (if any) shall have been paid in full. All other benefits and risks in and to the goods shall pass to the customer upon delivery having been affected.
In the event of the customer committing any breach of these terms and conditions including, but not limited to, the failure to make payment of the purchase price as agreed, the seller shall be entitled forthwith to claim repossession of the goods, for which purpose the customer hereby irrevocably authorises the seller, through its duly authorised representative/s, to enter upon the premises where the goods are kept, to take repossession of the goods. The exercise of this right shall not preclude the seller from its right to claim damages from the customer occasioned by its breach. The seller shall, in the alternative, be entitled to enforce the provisions of these terms and conditions and claim payment of the full amount due by the customer, any instalments of the price falling due in the future to become due and payable immediately.
In such event the seller shall be entitled to charge interest on overdue amounts as provided in clause above. Should the seller take legal action against the customer in the event of the customer’s breach, the customer shall be liable for all legal fees incurred by the seller in the recovery of any amounts owing, including costs on the attorney and own client scale and collection commission. If the customer breaches these terms and conditions and the seller elects not to cancel the agreement of sale, the seller shall be entitled to suspend performance of any of its obligations until the customer has complied with its obligations.
Any relaxation, leniency or indulgence which the seller may extend to the customer shall not in any way constitute a waiver of seller’s rights in terms hereof.
Any dispute arising out of or in connection with a sale to which these terms and conditions relate shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator appointed in accordance with the said Rules, seating in GUJARAT, INDIA.
The headings to the clauses in these conditions are for reference purposes only and shall not affect their interpretation.
The seller reserves the right to suspend, delay or cancel the delivery of some or all of the goods or to require advance payment for them if: The customer is insolvent or is unable to pay its debts, or seeks to effect any compromise with any of its creditors or compound any of its debts; or The customer is placed under an order of sequestration, judicial management or liquidation, whether such order be provisional or final; or The customer is the subject of any resolution passed to enable it to be wound-up or dissolved; or Any judgement is given against it in any court of law and, if appealable, is not appealed against within the period allowed for the lodging of such an appeal or, if not subject to an appeal, remains unsatisfied for a period of 5 (five) days; or The customer is in breach of any of its obligations to the seller.
Any suspension, delay or cancellation as a result of any of the afore going events shall not affect any other right which the seller may have against the customer based on these terms and conditions of sale or otherwise.
If the seller cannot deliver, cannot deliver timelessly, some or all of the goods for any reason beyond its control, including but not limited to lack of instruction from the customer, stock shortage, industrial dispute or break-down, production delays, government action, state of war, riot, or civil disturbance, natural disasters or act of God, the seller may, in its discretion, cancel the whole or any part of the agreement of sale forthwith. In the event of such cancellation the seller shall not be liable for any loss whatsoever (including any consequential loss of profits, special damages or any indirect loss) thereby caused.
In case installation of the goods is offered, the seller shall notify the customer when the goods installed will be ready for testing and acceptance, inviting the customer to attend the seller’s standard tests or such tests as may have been agreed upon in the order to demonstrate compliance with the agreed specifications and/or to inspect the installation work.
If the customer’s representative fails to attend the testing on the date notified, the seller’s technical staff will commence with the tests according to the seller’s standard test procedures and these tests shall be considered performed in the presence of the customer’s inspector and acceptance shall in such case take place on the basis of the results stated in the test certificate signed by the seller.
Should the customer wish to reject the goods installed on reasonable grounds, the customer shall submit to the seller its reasons in detail and in writing within 1 day after completion of the acceptance tests concerned, The seller shall as a sole remedy correct the installation complained of as soon as possible and the relevant parts of the acceptance test shall be repeated within a reasonable period of time in conformity with the procedures outlined above. If within 1 day after completion of the acceptance test the seller shall not have received the acceptance certificate signed by the customer or a report of rejection based on good reasons, the goods installed shall then be considered as having been accepted by the customer.
Any partial non-fulfilment of the seller’s obligations solely attributable to the seller entitles the customer to withhold payment only to a corresponding, reasonable amount. The taking into operational use of any of the goods installed shall also constitute acceptance of the goods concerned. Minor defects or deviations not affecting the operational use of the goods installed shall be stated in the acceptance certificate, but shall not entitle the customer to obstruct or suspend acceptance of the goods or the installation. The seller undertakes to remedy such defects as soon as possible but subject to the provisions of this clause.
These terms and conditions shall be governed by and interpreted in accordance with the International Laws.
For the purpose of any legal proceedings the customer hereby consents to the jurisdiction of any Magistrate’s Court having jurisdiction over the parties. This notwithstanding it shall not preclude the seller from instituting action out of any division of the Chamber of Commerce, AHMEDABAD, GUJARAT or High Court of GUJARAT, INDIA having jurisdiction.
Acceptance by the seller of the customer’s orders shall only be binding if in writing and signed by the seller. All customer’s orders are to be accompanied by such instructions from the customer as, in the sole discretion of the seller, are necessary to enable the seller to supply the goods and/or render the services set out in the customer’s order. Should instructions not be timeously furnished, or be deficient in any respect, then the seller shall be entitled to increase the price set out in the customer’s order by such amount as may be necessary to cover the increase in costs occasioned by the delay in furnishing of the instructions
The seller reserves the right to employ sub-contractors in respect of a portion or all of the services to be rendered or goods to be supplied to the customer. Once acceptance of a customer’s order has been delivered to the customer, a binding contract on the items, subject to the conditions contained herein, will have been entered into by and between the seller and the customer, which contract shall not without the consent of the seller be capable of variation and/or cancellation. Should the seller agree to cancel the contract in whole or in part, then the customer shall upon date of cancellation pay to the seller in cash, free of bank exchange or any deduction or set-off at Johannesburg, as and by way of a payment in lieu of damages, a cancellation fee equal to an aggregate of 15% of the contact price plus any ancillary charges whatsoever nature, incurred by the seller as a result of such cancellation.
Should the cancellation involve the return of goods already delivered, the provisions of clause shall apply mutatis mutandis. A certificate by a director of the seller shall, ipso facto, be proof of the amount of ancillary charges incurred and shall be sufficient to discharge the burden of proof for the purposes of pleading, and no further evidence relating thereto need to be adducted at any trial at which a document is rendered as evidence. No counter offer in respect of any of the terms of the quotation shall be accepted and any acceptance of a quotation attached to or delivered with a counter offer shall, in itself, be determined to form part of such counter offer and shall accordingly not be valid or binding upon the seller.
The customer specifically consents that the supplier:- may carry out a credit enquiry in respect of the customer; may access a Credit Bureau’s data base before granting any credit to the customer; may, where credit is granted, transmit details to a Credit Bureau of how the customer has performed in meeting with its obligations under the account, and share such information with other Credit Bureaus for the purposes of assessing further applications for credit by the customer (and its members, directors, or partners as the case may be) and for occasional debt tracing, debt collection and fraud prevention purposes; if credit is granted in favour of the customer and the customer fails to meet its financial commitments to the supplier, the supplier may record the customer’s default with a Credit Bureau; may refer information relating to the customer’s credit performance to a Credit Bureau for banking and credit assessment, statistical analysis, and credit scoring purposes and use such information to identify products (including those supplied by third parties) which may be relevant to the customer; may record the existence of a customer’s account with the supplier at a Credit Bureau(s).
The customer acknowledges that the goods and/or documentation supplied by the seller may be subject to export regulations and the customer acknowledges that it is familiar or agrees to become familiar with such regulations. The customer furthermore agrees that it will not deal with the goods and/or documentation in violation of such regulations, more specifically will not re-export or otherwise dispose of such goods and/or documentation without the applicable, prior written authorization of INDIA or any other national authorities or the seller respectively.
The customer shall at its own expense obtain all necessary consents, permits, licenses or other authorities from the owner of the premises, Government, Municipal, Local or other competent authorities and others whose permission is or may be necessary for the installation or use of the system. The seller does not warrant or represent that any such consent, permits, licenses or other authorities will be granted and failure to obtain one or other of the same shall not invalidate any order accepted by the seller. In the event that an end-user statement and/or import license is required, the customer shall provide the seller with such document upon receiving the seller’s written request.
All prices quoted:
- shall be exclusive of any other taxation, duty or import that may be imposed by any statutory or quasi-statutory body from time to time; are expressed in INDIAN RUPEES ₹ currency and based on the rate of exchange applicable and ruling on the date of quotation and any variation on the quoted rate shall be for the customer’s account;
- are based on the full quantities specified being accepted by the customer and any variation at the instance of the customer in the quantity orders shall, in the discretion of the seller, invalidate the price quoted;
- are exclusive of delivery charges. Any charges for export shall be separately quoted in terms of these terms and conditions and shall include transport, insurance and forwarding costs.
- any variation in the exchange rate after date of quotation, or in Value Added Tax and/or any other tax payable from time to time and/or the cost to the seller of any matter relating to delivery, installation, insurance, freight, clearance of goods from customs and/or authorities, cable reticulation and/or any other matter whatsoever upon which the price quoted has been based shall, insofar as any such variation affects the cost to the seller of complying with the quotation, result in the price as set out there Sin being varied in proportion to any such variation and shall be for the account of the customer. A certificate from the seller’s auditors setting out the extent of the variation in respect of any of the aforesaid matters, shall be absolute and conclusive proof thereof and accordingly the seller shall not be obliged to lead any other evidence relating to such variation at any trial at which such variation is placed in dispute. All quotations are valid for 30 (thirty) days from date hereof, where after they shall lapse and be ipso facto null and void unless the seller has agreed to an extended period of validity in writing.
Marudhar Industries Limited (“Marudhar Industries Limited”) and its subsidiaries and affiliates maintain this website for your information, education, and communication. Unless otherwise indicated, you may download material displayed on this website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including any data, text, images, audio, or video without the prior written permission of Marudhar Industries Limited. Certain sections of this website may contain additional restrictions as to use or access. Use of this website and access to the material it contains are subject to the following terms and conditions as well as to all applicable laws. Your access to and browsing of the website constitutes your full acceptance of these terms and conditions. Marudhar Industries Limited may revise these terms of use for at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms and conditions.
All materials on Marudhar Industries Limited’s website are provided “as is.” Marudhar Industries Limited makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violation of rights. Further, Marudhar Industries Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or on any sites linked to its site. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
Marudhar Industries Limited and its affiliates assume no responsibility and shall not be liable for any damages to, or viruses, that may infect your computer equipment or other property on account of your access to, use of, or browsing this website or your downloading of any materials, data, text, images, video, or audio from this website or any sites linked to it.
In no event shall Marudhar Industries Limited, its subsidiaries, and affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Marudhar Industries Limited’s Internet site, even if Marudhar Industries Limited or an Marudhar Industries Limited authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Marudhar Industries Limited’s website could include technical, typographical, or photographic errors. Marudhar Industries Limited does not warrant that any of the materials on its website are accurate, complete, or current. Marudhar Industries Limited may make changes to the materials contained on its website at any time without notice. Marudhar Industries Limited does not, however, make any commitment to update the materials.
Marudhar Industries Limited has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Marudhar Industries Limited of the linked site. Use of any such linked website is at the user’s own risk.
When you access an external website, you acknowledge that it is independent from Marudhar Industries Limited, and that Marudhar Industries Limited has no control over the content on that website. In addition, a link to a non-Marudhar Industries Limited website is not an indication that Marudhar Industries Limited endorses or accepts any responsibility for the content, or the use, of such website. In no event will Marudhar Industries Limited be liable to any party or for direct, indirect, special or other consequential damages whatsoever for any use of this website, or of any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Marudhar Industries Limited is expressly advised of the possibility of such damages.
Any claim relating to Marudhar Industries Limited’s website shall be governed by the laws of the State of Gujarat without regard to its conflict of law provisions.
Throughout this website, you will find a number of trademarks, logos, and service marks (“Marks”). Marks are registered and unregistered trademarks of Marudhar Industries Limited and others. Those trademarks followed by ™ & ® are registered trademarks in the INDIA; all others are trademarks in the INDIA. Nothing contained on this website should be construed as granting any license or right to use any such Mark displayed on the website without the written permission of Marudhar Industries Limited or such third party that may own the Marks displayed. Any questions concerning the use of Marks or whether a name is in fact a trademark of Marudhar Industries Limited should be referred to the e-mail address: info@marudhar.in
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate, disclose, and make use of personal information.
From time to time, we may make changes to this Policy to reflect changes in our business or to serve you better. Marudhar Industries Limited will use reasonable efforts to publish any such changes in the privacy statement, such as posting on this website. You should review this Policy periodically to inform yourself of any changes. Please note the date of the policy below, so that you know when it was last updated. Users are bound by the then-current version of this privacy statement.
The following outlines our Privacy Policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned, or as required by law. Any information collected about you will be secure and not shared with any third parties, unless you give prior permission for that information to be shared. However, Marudhar Industries Limited may have to disclose personally identifiable information it considers necessary in order to comply with court orders, subpoenas, governmental or law enforcement requests, or to a third party to which ownership of Marudhar Industries Limited is transferred via an acquisition, merger, sale of assets, etc. Information may be shared with and transferred to our affiliates, subsidiaries or service providers, but only when necessary to fulfil your request. We maintain safeguards to protect your personal information from unauthorised or inappropriate access. We restrict access to your information to those who need to know the information in order to respond to your request.
We will only retain personal information as long as necessary for the fulfilment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use, or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
Our website may contain links to other sites. We are not responsible for the content, security, or privacy practices employed by other sites.
Our web servers do not collect e-mail addresses unless you provide them to us. We do collect the domain name from which the connection originates. This information is used in the aggregate to measure pages viewed, the amount of time spent on the site, and the number of visits. We use this information to improve the contents of our website.
This website is not intended for children under the age of 13. We do not solicit or encourage the transmission of information from or about children.
International visitors to the website should be aware that personal information may be transferred to computers in the INDIA or other locations in order to fulfil your request.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Last Revised NOVEMBER 3, 2023
Unsolicited Idea & Confidential Information Submission Policy
Marudhar Industries Limited (“Marudhar Industries Limited”) and any of its employees, independent contractors or agents, on behalf of Marudhar Industries Limited, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Marudhar Industries Limited’s products or marketing strategies might seem similar to ideas submitted to Marudhar Industries Limited. Please do not send your unsolicited ideas to Marudhar Industries Limited or anyone at Marudhar Industries Limited. If, despite our request to not send us your ideas and work, you still send them, please understand that Marudhar Industries Limited makes no assurances that your ideas and work will be treated as confidential or proprietary, and the following terms will apply to your submission regardless of what your transmission states.
Terms of Idea Submission: You agree that: 1) your ideas and work will automatically become the property of Marudhar Industries Limited, and you agree to assign all rights in your ideas and work to Marudhar Industries Limited without any expectation of compensation, and 2) Marudhar Industries Limited can use, copy, and distribute the ideas and work for any purpose and in any way, without any payment or consideration to you.
If you want to have your confidential or proprietary information considered by Marudhar Industries Limited you will need to first sign a Non-Disclosure and Confidentiality Agreement before the information will be viewed by a technical person at Marudhar Industries Limited. To obtain a Non-Disclosure and Confidentiality Agreement, write to the office of Intellectual Property at Marudhar Industries Limited at Plot # 610-611, Phase 4, GIDC VATVA, Ahmedabad – 382445, Gujarat, India.