1. For all intent and purposes, the acceptance of this quotation by the Purchaser, in writing, shall constitute an agreement by and between both the parties (‘RIMS’ and ‘the Purchaser’) and the mentioned terms and conditions shall be final and binding on both the parties hereto and their respective legal heirs, successors-in-interest and permitted assignees.
2. This quotation shall be valid for a period of seven (7) days only, from the date of its generation.
3. Payment Terms: In case the total amount payable is less than Rupees one (01) lakh then 100% amount shall be due & payable within three (03) days of the acceptance of this quotation, in writing. Further, in case the total amount payable exceeds Rupees one (01) Lakh then 50% shall be due & payable (advance) within three (03) days of the acceptance of this quotation, in writing, further 50 % of the total amount shall payable before dispatch of product(s).
4. It is agreed by both the parties that the non-adherence of the payment terms shall constitute a material breach of the terms and conditions of this quotation/ agreement [and/ or any other agreement thereof].
5. RIMS, at the cost of the Purchaser, shall provide a sample of the product(s) to the place designated by the Purchaser, prior to the production/ manufacturing/ delivery/ installation of the product(s). The Purchaser shall provide its approval of the sample, in writing, within seven (07) days of its receipt, consequent to which RIMS shall commence the production/ manufacturing/ assembling the product(s). Further, in case of any issue with regards to the quality or specifications or any other parameter, the Purchaser shall record its reasons for such issue, in writing, and share the same with RIMS immediately.
6. The description, reference image, quantity, rate etc. of the product(s) listed hereinabove, have been detailed in accordance with and on basis of the specifications/ information/ general query shared with/ provided to us at the Purchaser’s behest. It is agreed that RIMS shall not be liable in any manner whatsoever, for the specifications/ information/ general query provided by the Purchaser. Further, the colour and design of the product(s) as depicted pictographically hereinabove is for representation purposes only, and the colour and design of the actual product may have variance from the depiction above.
7. No revision/ alteration/ amendment of the designs, specifications and/or materials shall be entertained/ carried out after the written acceptance of this quotation or of the shop drawings, as the case may be, without the written consent/ approval of RIMS. The shop drawings, if required, shall be prepared on basis of the specifications agreed in this quotation/ agreement and shall be shared by RIMS within seven (07) days of the receipt of the advance amount.
8. In case any revision/ alteration/ amendment of the designs, specifications and/or materials is carried out in any manner whatsoever, any and all costs/ expenses incurred for such revision/ alteration/ amendment shall be solely borne by the Purchaser. The cost shall be calculated and determined by RIMS, in accordance with the standard industry practices and the same shall be payable with immediate effect.
9. RIMS shall not be held responsible or liable in anyway whatsoever, for the non-availability of the specified quality and/ or quantity of the requisite material(s), due to any reason beyond the control of RIMS.
10. The delivery time specified hereinabove is an estimated timeline and the same may vary. Further, in case of time delay, the Purchaser relinquishes the right to seek any kind of compensation/ penalty. The duration of the estimated delivery time shall commence from the date of receipt of advance amount only and the time taken for the approval of sample and/ or shop drawings shall be excluded from the estimated delivery time.
11. In case the designs, specifications and/ or materials of any product(s) are revised/ altered/ amended in any manner whatsoever, RIMS may extend the estimated delivery time in accordance with such revision/ alteration/ amendment, which shall be binding on the Purchaser.
12. Installation & Delivery Charges will be extra as per actuals and are subject to vary.
13. A delivery challan shall be generated along with the invoice and issued to the Purchaser at the time of delivery.
14. The components are warranted against manufacturing defects and workmanship for a period of one (1) year from the date of delivery challan/ invoice, whichever earlier. The warranty will not be applicable in case of damages/ defects/ malfunctions due to improper use or modification/ alteration/ relocation of product carried out on behalf of Purchaser or normal wear & tear of product under usage or any force majeure event or installation/ repair work carried out by persons other than approved by RIMS or for any negligence whatsoever by the Purchaser or its agent(s).
15. In the event of repairs/ replacement of any part(s) of the product(s), this warranty shall thereafter continue and remain in force only for the unexpired period of the warranty. Moreover, the time taken for repair/replacement and in-transit whether under the warranty or otherwise shall not be excluded from the warranty period.
16. RIMS obligation under this warranty shall be limited to repair or providing replacement of defective part(s) only. The maximum claim(s) if entertained by RIMS, will be subject to the maximum retail price of the product purchased or the purchase price, whichever is lower. In the event of any unforeseen circumstance, and spares not being available, RIMS prevailing depreciation rules will be binding on the Purchaser to accept as a commercial solution in lieu of repairs.
17. Both parties agree that RIMS shall not be held liable for any damage/ breakage etc. after delivery on site and handover including in case of pending installation.
18. Once approved in writing, this quotation/ agreement shall not be terminated and any cancellation of product(s) thereof shall constitute a material breach of the terms & conditions of this agreement. The Purchaser specifically agrees to forfeit the entire amount paid in favour of RIMS and further pay the balance charges as may be payable on the date of termination and any other sums that are outstanding and to be accounted for under this agreement, in addition to the losses incurred by RIMS on account of the cancellation/ termination of this agreement.
19. RIMS hereby agrees to make best efforts to use the material(s) of the quality specified by the Purchaser, however, shall not be held responsible or liable in any manner whatsoever, for the appearance or compatibility of such materials in the final/ finished product.
20. This quotation/ agreement shall be governed by and construed in accordance with the laws of India.
21. Both parties agree to the exclusive jurisdiction of the competent courts at Delhi in case of any dispute between the parties including but not limited to any dispute with respect to the provisions of this quotation/ agreement.
22. This quotation/ agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written agreements, understandings and negotiations, both written and oral, between the parties with respect to the subject matter of this agreement. No representation, inducement, promise, understanding, condition or warranty not set forth herein has been made or relied upon by any party hereto.
23. In the event that the parties enter into any subsequent agreement(s) with respect to the subject matter hereof, it is agreed that the terms and conditions of this quotation/ agreement shall remain in force and be binding on both the parties, and shall supersede any and all terms or conditions in the subsequent agreement(s) which are contrary to the terms and conditions of this quotation/ agreement.
24. The invalidity or unenforceability of any provisions of this quotation/ agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this quotation/ agreement in such jurisdiction or the validity, legality or enforceability of this quotation/ agreement, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of both the parties hereunder shall be enforceable to the fullest extent permitted by law.
25. The Purchaser agrees and undertakes to keep all the information confidential shared by RIMS during the course of this quotation/ agreement and thereafter. Any such information passed on to any third party by the Purchaser shall amount to breach of this quotation/ agreement and the Purchaser shall make all the losses good incurred by RIMS at its own cost and consequences.
26. Delivery: As per required product quantity by the purchaser delivery time would 20 -25 days after purchase order, advance.
27. Branding: The components are under the Brand Name of ENRG and proper after sale service would be provided on all the products.
Branding is included on all the products.
28. Packaging: For the safety purpose of the products RIMS always follow the standard safety guidelines. Products properly wrap with all soft covering like foams, bubble wrap and then outer harden case.