Terms and Conditions
Definitions
“Catalogue”: means the catalogue (in
whatever form, whether paper or electronic) of Supplies of the
Firm current at the date on which the Customer's order is
accepted by the Firm.
“Firm”:
diycomponents.in or its permitted assigns.
“Conditions”:
means these terms and conditions.
“Contract”:
means any contract between the Firm and the Customer for the sale
and purchase of Supplies.
“Customer”:
means the person(s) or organisation(s) whose order for the
Supplies is accepted by the Firm.
“Goods”:
means any goods supplied or to be supplied by the Firm to the
Customer.
“Services”: means any services
supplied or to be supplied by the Firm to the Customer.
“Supplies”:
means any Goods or Services.
“in
writing”: includes electronic communications.
Conditions
All orders are accepted by the
Firm subject to and in accordance with these Conditions. These
Conditions override and exclude any terms or conditions in or
referred to in any negotiations or course of dealing between the
Firm and the Customer or set out in the Customer’s standard terms
and conditions. If there is any conflict between
* the other provisions of the Catalogue and these
Conditions; or
* the provisions of the order and these
Conditions
these Conditions will prevail
unless the Firm agrees otherwise in writing. Together with any
terms accepted by the Firm in connection with an order, these
Conditions constitute the entire agreement between the Firm and
the Customer in relation to the Supplies ordered. No variation to
these Conditions is permitted unless expressly authorised in
writing by the Firm.
Prices
Prices for Supplies as
displayed in website is in Indian Rupees (INR), inclusive of all
taxes suchas VAT,CST. Octroi,Entry fee which if applicable will
be borne by the customer at the time of delivery.
The Firm has used all
reasonable endeavours to ensure that prices for Supplies are
accurately set out in the Catalogue or otherwise quoted to the
Customer but reserves the right to change its prices without
notice at any time. Prices charged will be those prevailing when
an order is accepted. Where Supplies are to be made in
instalments (‘Scheduled Delivery’) the price payable for them
will be that applicable at the time of despatch of the first
batch of Supplies but, where Scheduled Delivery may continue for
a period of 90 days or more, the Firm reserves the right to
charge the Customer further amounts if the price of the Supplies
increases before the end of that period.
Payment
Save where credit terms have
been agreed in writing in advance, payment is due when the order
is placed with the Firm without any deductions, withholding or
set off. Time for payment is of the essence. If the Customer
fails to make payment by the due date then, without prejudice to
any other right or remedy, the Firm shall be entitled to:
1.cancel the order or suspend any further deliveries or
performance;
2. appropriate any payment made by the
Customer to such of the Supplies (or the Supplies made under any
other contract) as the Firm may think fit; and
3. charge
interest (both before and after any judgement) on the amount
unpaid at the rate of 18% per annum until payment is made in
full.
If legal action is taken to
recover money due to the Firm then the Firm reserves the right to
charge the Customer an administration fee to cover all and any
costs incurred.
Orders
The Firm reserves the right to
accept or reject any request or offer to trade with any
organisation or person, without providing any reason.
Once accepted, no order may be
cancelled without the prior written agreement of the Firm.
Without limiting the generality of this, orders for Goods which
are not in catalogue, non stock items and items specified to be
non-cancellable or non-returnable at the time of quotation may
not be cancelled.
Orders for Goods are usually
accepted by the Firm by the despatch of the Goods from the
warehouse of its associated organisations. However, that despatch
will not be acceptance where the price for the Supplies has been
incorrectly quoted or referenced by the Customer in its order.
The Firm reserves the right to
charge a handling charge of INR 75 on all orders under INR 3000
and also reserves the right change the handling charges from time
to time .
Orders for certain Goods, in
particular Goods which are not in catalogue or are non-stock
items, may be subject to a minimum order quantity or value which
the Firm will use its reasonable endeavours to notify to the
Customer prior to accepting its order.
Delivery
The Firm reserves the right to
deliver or perform by instalments.
Failure to meet a delivery or
performance date where deliveries or performance are by
instalment shall not prevent or restrict the Firm from making
further deliveries or rendering subsequent performance under the
relevant Contract by instalment.
Delivery will be made to the
address specified by the Customer. The Firm reserves the right to
arrange delivery of Goods directly from the manufacturer or
supplier of those Goods to the Customer.
The Firm may use any method of
delivery available to it. All delivery dates and times given are
estimates. The Firm will use reasonable endeavours to meet
delivery and/or performance estimates but, except as set out in
Condition "Defects and non delivery" below, in no circumstances
shall it be liable to compensate the Customer for non-delivery,
non-performance or late delivery or performance. Time for
delivery and/or performance will not be of the essence. The Firm
reserves the right to delay despatch for a number of reasons,
including to perform any necessary credit checks or procedures or
to ensure that payment has been received in cleared funds in
full. Where despatch is delayed for such reasons the Firm will
use reasonable endeavours to inform the Customer.
Defects and Non Delivery
The Customer must inspect the
Supplies as soon as is reasonably practicable after delivery or,
in the case of Services, performance and, except as set out in 13
below, the Firm shall not be liable for any defect in the
Supplies unless written notice is given to the Firm within 15
days of the date of delivery to the Customer. The Firm does not
write software comprised in the Goods and it is the Customer’s
responsibility to check for the presence of computer viruses
before the Goods are used.
The quantity of any
consignment of Goods, as recorded by the Firm upon despatch from
the Firm’s place of business, shall be conclusive evidence of the
quantity received by the Customer on delivery, unless the
Customer can provide conclusive evidence to the contrary. The
Firm will not be liable for any non-delivery of Goods or
non-performance of Services unless written notice is given to the
Firm within 15 days of the date of delivery to the Customer in
the ordinary course of events. The liability of the Firm for
non-delivery or non-performance or for Goods notified as
defective on delivery or Services notified as defective following
performance in accordance with this Condition will be limited to
replacing the Goods or re-performing the Services within a
reasonable time or to refunding the price then paid in respect of
such Supplies.
Risk and Ownership
Save where the Customer
arranges delivery of the Goods from the Firm, the risk of damage
to or loss of Goods will pass to the Customer when the Goods are
unloaded from the Firm’s carriers at the Customer’s premises.
Where the Customer arranges
for picking the material from firms warehouse delivery risk in
the Goods will pass to the Customer or its designated carrier
being available for collection from the warehouse. Ownership of
the Goods shall not pass to the Customer until the Firm has
received in full (in cash or cleared funds) all sums due from the
Customer to the Firm on any account whatsoever.
Until ownership passes to the
Customer, the Customer must hold the Goods on a fiduciary basis
as the Firm’s bailee. If payment is not received in full by the
due date, or the Customer passes a resolution for winding up or a
court shall make an order to that effect, or a receiver or
administrator is appointed over any assets or the undertaking of
the Customer or an execution or distress is levied against the
Customer, the Firm shall be entitled, without previous notice, to
retake possession of the Goods and for that purpose to enter upon
any premises occupied or owned by the Customer.
The Catalogue remains at all
times the sole and exclusive property of the Firm.
Product Specifications and Performance
Unless any performance
figures, tolerances or characteristics have been specifically and
expressly warranted by the Firm in writing, the Firm accepts no
liability for any failure of the Supplies to comply with such
criteria, whether attributable to the Firm’s negligence or
otherwise. The responsibility for ensuring that Supplies are
sufficient and suitable for a particular purpose is the
Customer’s, unless specifically stated in writing by a director
of the Firm. Any advice or recommendation given by an employee of
the Firm which is not confirmed in writing by a director of the
Firm is acted on entirely at the Customer’s risk and the Firm
shall not be liable for any such advice or recommendation which
is not so confirmed. The liability of the Firm to the Customer,
should any warranty, statement, advice or recommendation
confirmed in accordance with this Condition prove to be
incorrect, inaccurate or misleading, will be limited to the
refund of the price paid for the Supplies or, at the Firm’s
option, the supply of replacement Supplies which are sufficient
and suitable.
Warranty
The Firm will endeavour to
transfer to the Customer the benefit of any warranty or guarantee
given by the manufacturer of Goods.
In addition, the Firm will,
free of charge, repair or, at the Firm’s option, replace Goods
or, in the case of Services, re-perform Services which are proved
to the reasonable satisfaction of the Firm to be damaged or
defective due to faulty materials, workmanship or design.
Software programs are supplied
on the strict understanding that the Firm does not warrant their
function to be free from defects or error.
This obligation will not apply:
* if the defect arises
because the Customer has altered or repaired such Goods without
the written consent of the Firm;
* because the Customer
did not follow the manufacturers’ instructions for storage,
usage, installation, use or maintenance of the Goods;
* if
the Customer has failed to notify the Firm of any defect in
accordance with Condition "Defects and Non Delivery" where the
defect should have been reasonably apparent on reasonable
inspection; or
* if the Customer fails to notify the Firm
of the defect within 12 months (or such other period as the Firm
shall specify at the time of acceptance of the order for the
Supplies) of the date of despatch of the Goods or performance of
the Services.
Any replacement Supplies made
or Goods repaired under this Condition will be guaranteed on
these terms for any unexpired portion of the period of guarantee
given on the original Supplies. Any Goods which have been
replaced will belong to the Firm.
The Firm’s sole obligation and
liability, should any Supplies prove damaged or defective in
accordance with this Condition 13, shall be limited to, at the
Firm’s option, the repair or replacement of the relevant Goods or
the re-performance of the relevant Services or the refund of the
price paid for the relevant Supplies.
This Condition is the Firm’s
sole obligation and the Customer’s sole remedy for defective
Supplies and is accepted by the Customer in substitution for all
express or implied representations, conditions or warranties,
statutory or otherwise, as to the satisfactory quality, fitness
for purpose or performance of the Goods (or any materials used in
connection therewith) or the standard of workmanship of the
Services and all such representations, conditions and warranties
are excluded.