<%@ Page Language="vb" AutoEventWireup="false" Codebehind="$FILENAME$.vb" Inherits="$INHERITS$"%> Welcome To Pragatisystems.com________________:: Condition Of Sales ::___________________________
TERMS AND CONDITIONS OF SALE  

(AS AMENDED FROM TIME TO TIME: REVISED 1st April 2004) 

In these Conditions of Sale "The Company" is Pragati Systems. 
PRICES AND TERMS OF PAYMENT | CARRIGE | DELIVERY AND DELAY | COMPLAINTS AND CLAIMS
PROCEDURE FOR RETURNS OTHER THAN COMPALINTS | CANCELLATION BY THE CUSTOMER
NEW CUSTOMERS | RESALE OF GOODS | PRODUCT SPECIFICATION | DEFAULT BY THE CUSTOMER
RETENTION OF TITLE | LIABILITIES | THIRD PARTY RIGHTS | GENERAL | NOTICE

        
1. PRICES AND TERMS OF PAYMENT
     
  • Prices will be charged according to the prevailing price list only. All offers & prices are without commitment and are subject to the fluctuation and availability of stock.
  • Prices are subject to revisions without notice and the prices payable will be those ruling at the date of dispatch.
  • Where goods are invoiced at special prices agreed at the time of ordering, this is conditional upon payment being made on the due date. If payment is not received by the due date, then the Company reserves the right to charge the difference between the special price and the list price.
  • Central Sales Tax/State Sales Tax/State Commercial Tax/Octroi and other government levy shall be paid by customer.
  • The Company may charge interest 2% monthly on the amount outstanding on an account from the due date of payment until the actual date of payment. 
  • If any invoice is not paid in full by the Customer within one calendar month of the due date, then all other amounts outstanding become payable immediately. This overrules any prior agreements between the Company and Customer to delay or defer payment.
  • The Customer may not withhold any payment of any invoice or other amount due to the Company by reason of any right of set off or counterclaim which the Customer may have or allege to have for any reason whatsoever.
  • The Company shall be entitled at all times to set off any debt or claim of whatsoever nature which the Company may have against the Customer against any sums due from the Company to the Customer.
  • Excise Duty: Not applicable at present, but shall be charged extra as soon as it becomes applicable.
  • Payment : Documents through bank or by DD Payable at Indore. Cash Transactions of any kind to any person shall not be accepted by the company.
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2. CARRIGE
     
  • Freight : FOR Destination rates for orders more than Rs. 7,500.00 else freight 'To Pay'
  • Goods will be consigned at the Customer’s risk and by the most economical routes. If other arrangements are made on the Customer’s instructions, any additional costs will be charged.
3. DELIVERY AND DELAY
     
  • Delivery will be effected when the goods leave the Company’s premises whether carried by the Company or an independent carrier or the premises of the Company’s suppliers when the goods are delivered direct from suppliers.
  • Delivery dates are given in good faith but are estimates only.
  • The time for delivery shall not be of the essence of the contract.
  • The Company shall not be liable for any damages whatsoever whether direct or indirect (including any liability to any third party) resulting from any delay in delivery of the goods or failure to deliver the goods in a reasonable time whether such delay or failure is caused by the Company’s negligence or otherwise howsoever.
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4. COMPLAINTS AND CLAIMS
     
  • All complaints and claims in respect of loss or damage to the goods supplied shall be notified in writing by the Customer to the Company within seven days after delivery of the goods to the Customer or to his agent, or after such loss or damage shall have come to notice of the Customer whichever shall be sooner. Any claim not so notified within such a time shall be deemed waived.
  • It is the responsibility of the buyer to inspect the goods immediately upon receipt.
  • The amount of payment to the Customer (if any) or the action taken by the Company (if any) in respect of any such complaint or claim shall be entirely at the discretion of the Company.
  • The Company shall not be bound by any prior commitment made.
5. PROCEDURE FOR RETURNS OTHER THAN COMPALINTS
     
  • All applications to return goods must be made in writing stating the reason for return, number of articles and style numbers involved. 
  • Goods dispatched as ordered are not subject to exchange or credit.
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6. CANCELLATION BY THE CUSTOMER

 
Orders placed by the Customer are deemed to be firm commitments and cannot be cancelled.
 

7. NEW CUSTOMERS
     
  • The Company reserves the right to refuse to supply goods in accordance with as order made by a new Customer.
  • Payment of an order accepted by the Company prior to a credit account for the Customer having been accepted and opened is due before delivery of the goods.
8. RESALE OF GOODS

 
The goods are sold by the Company to the Customer on the express condition that the Customer shall not sell or supply such goods to any Customer for resale by that Customer without the express permission in writing of the Company.
 
9. PRODUCT SPECIFICATION

 
In accordance with our policy of constant improvement, the Company reserves the right to modify any specification at any time without notice.

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10. DEFAULT BY THE CUSTOMER

 
If the Customer fails to pay the price for any goods on the due date or  fails to pay any sum due to the Company under any contract on the date or becomes insolvent  then all sums outstanding between the Customer and the Company shall become immediately payable and the Company shall be entitled to require payment in cleared funds in advance of further deliveries.
 

11. RETENTION OF TITLE
     
  • Risk in the goods shall pass to the Customer upon delivery but title of the goods shall remain with the Company until payment in full has been received by the Company:
    1. For the goods.
    2. For all goods ordered or delivered to the Customer.
    3. For any monies due from the Customer to the Company on any account whatsoever.
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12. LIABILITIES
     
  • If the goods are not in accordance with the contract for any reason the Customer’s sole remedy shall be limited to the Company making good any shortage by replacing such goods or, if the Company shall elect, by refunding a proportion or part of the price.
  • The Company’s liability to the Customer, whether for any breach or contract or other wise, shall not in any event exceed the price and the Company shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Customer or liability to third parties incurred by the Customer.
  • All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of a Customer dealing as a Consumer.
13. THIRD PARTY RIGHTS

 
Nothing in this contract is intended to or will grant any rights to any third party to enforce any terms of the contract where express or implied.

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14. GENERAL
     
  • All contract by the Company for the sale of goods shall be governed and interpreted according to the laws of India.
  • The waiver by the Company of any breach or default of these terms by the Customer shall not be construed as a continuing waiver of that breach not as a waiver of any subsequent breach of the same or any other term.
  • In any clause or sub-clause of these conditions is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these conditions shall not be affected and they shall remain in full force and effect.
  • The Company shall not be liable for any delay or failure to perform any of its obligations in relation of these conditions and/or the goods due to any cause beyond the Company’s reasonable control, including industrial action.
  • The Company may assign, novate or sub-contract all or any part of this contract and the Customer shall be deemed to consent to the same. This contract is personal to the Customer and it may not be assigned by the Customer.
15. NOTICE
     
  • Trading with the Company implied acceptance of these conditions.
  • Without prejudice to the above these conditions shall apply to all contracts for sale of goods by the Company to the Customer to the exclusion of all other terms and conditions including any terms conditions which the Customer may purport to apply under any purchase order, confirmation or order or similar document.
  • All orders for goods shall be deemed to be an offer by the Customer to purchase goods pursuant to these conditions.
  • Acceptance of delivery of these goods shall be deemed conclusive evidence of the Customer’s acceptance of these conditions.
  • Any variation to these conditions shall be inapplicable unless agreed in writing by an authorized signatory of the Company.
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