As applicable and permitted under law, the entire Contract between Endico Power Tools, India (Seller) and Buyer is embodied in the terms and conditions that shall be deemed accepted and binding by both parties upon the occurrence of the following events (a) when the acknowledgement copy of the purchase Order has been signed and returned to Seller (b) when Seller has commenced performance of this Order in accordance with its terms.
Price_ Unless otherwise specified, the prices mentioned on the Purchase Order includes all charges packing, handling, storage, transportation to point of delivery, and taxes. Sales and use taxes not subject to exemption shall be stated separately in seller’s invoice. Any price reduction extended to any buyer by seller prior to delivery shall also be extended to buyer.
Changes_ Buyer may make changes any time in the scope or quantity of the goods or services covered by the order or in other terms hereof, in which event an equitable adjustment will be made to any price, time of performance, and other provisions of this order if appropriate. Such changes must be made within 15 days from the date of receipt by seller of notice of the change. Such changes to seller shall not be made without buyer’s prior written approval.
Warranty_ we expressly warrant that the goods or services ordered shall conform in this order to specifications, drawings, and other descriptions referenced in the purchase order, or to any accepted samples, shall be free from defects in materials and workmanship and shall also be free from defects in design unless the design was supplied by buyer; and shall be fit and safe for the intended purposes. All these warranties and other warranties as prescribed by law shall be extended to the Buyer, its successors, assigns and customers and to users of the goods or services and shall run through the longer of any expiration date stated after delivery. These warranties shall survive any inspection, acceptance or payment by Buyer.
Delivery_ the delivery date shall be the date designated by the seller as time is of the essence for this order, if no delivery time is specified, then delivery will be required in a reasonable time.
Risk of Loss_ Seller will bear the risk of loss or damage to the goods covered by the order until they are delivered to and accepted by buyer.
Recalling Goods_ If the seller’s goods are necessitated by a defect, a failure to conform to the specifications, applicable laws, or any other reason within our control; seller shall bear all reasonable costs and expenses of such recall, including costs of notifying customers, customer refunds, and costs of returning goods.
Controlling Law_ this order and the performance under it shall be controlled and governed by the law of India without giving effect to its conflicts of law principles. Seller and buyer hereby submit to the exclusive jurisdiction of the courts of that state for purposes of resolving any dispute.
Electronic Communication and Terms of Acceptance_ Electronic transmission of an order by buyer to seller shall be effective as an offer is received on the seller’s terminal, which may be communicated back or accepted by seller via electronic transmission of an acknowledgement, acceptance or receipt of the offer and accompanying terms.
Agreement_ the Terms and Conditions apply to the full scope of business transacted between buyer and buyer’s entities, divisions, and successors and seller and seller’s entities, division, and successors. Seller shall not assign an order or any rights under this order without the prior written discretionary consent of buyer.
All deals negotiated in good faith and executed between the parties is that which will enhance Business relation between Endico Power Tools (India) and the Buyer.