Terms Of Sale
1. Contract of Acceptance
These Terms and Conditions of sale, along with all attached drawings, specifications, descriptions, and other documents referenced herein, constitute the entire agreement between Turbo Airtech (the "Seller") and the Buyer. Seller's acceptance of any order is conditioned upon Buyer's agreement to these terms. Any conflicting terms in Buyer's order shall not apply unless Buyer notifies Seller in writing within fifteen (15) days of receipt of Seller's acknowledgment. Failure by Seller to object to any conflicting provision shall not be construed as a waiver.
2. Shipping Schedule and Delivery
Turbo Airtech shall not be liable for any deviations in shipping schedules or losses incurred due to delays caused by circumstances beyond its control, including but not limited to acts of God, government actions, strikes, or shortages. The Seller reserves the right to ship products before the requested dates unless specifically stated otherwise. If shipments are delayed at Buyer's request, Buyer will be responsible for any associated costs.
3. Delivery and Acceptance
Delivery shall comply with the Purchase Contract requirements. If Buyer cannot accept delivery upon completion, title shall transfer to Buyer upon receipt of an invoice with proof of completion. Buyer is obligated to pay according to the terms outlined in the Purchase Contract. If Buyer wrongfully rejects or fails to pay, Seller may recover either the purchase price or lost profits plus reasonable costs. Seller retains risk of loss until proper delivery is made.
4. Warranty
Spare parts and repairs are warranted for six (6) months from shipment. Claims must be made in writing within thirty (30) days of discovery. The sole remedy is limited to repair or replacement, and no other warranties apply. Freight, Insurance, Import duty and clearance charges or any other expense other than the part is not covered by warranty and has to be borne by Customer.
5. Price Terms
Prices quoted are valid for thirty (30) days unless withdrawn earlier. Prices are firm for confirmed shipments up to twelve (12) months from the order date. Beyond this time frame, prices may be subject to escalation based on Seller’s indices.
6. Terms of Payment
Standard payment terms are 100% advance unless otherwise agreed.
7. Cancellation
If Buyer cancels any part of the contract, Seller may charge all incurred costs plus a reasonable allowance for overhead and profit.
8. Additions or Changes
Buyer agrees to pay reasonable charges for any changes in contract terms, quantities, or specifications agreed upon by Seller.
9. Patent Indemnity
Turbo Airtech will indemnify Buyer against damages resulting from patent infringement claims if notified promptly. Seller has the option to resolve such claims through various means, including modification or refunding the purchase price.
10. Taxes
Prices do not include applicable taxes. If Seller is required to collect any tax due to laws or regulations, the purchase price will increase accordingly unless Buyer provides a valid tax exemption certificate.
11. Limitation of Liability
Seller's total liability for any claims arising out of this contract shall not exceed the purchase price. Seller is not liable for any special, indirect, incidental, or consequential damages.
12. Modification, Rescission & Waiver
No modifications or waivers of this contract shall be valid unless made in writing and signed by an authorized representative of Turbo Airtech.
13. Miscellaneous
The rights and obligations under this agreement shall be governed by Indian law.
14. Compliance with Law
Buyer shall not resell products in violation of applicable export laws or regulations.
15. Transportation Charges
Unless otherwise agreed, prices are ex-works from Turbo Airtech’s facility. Freight charges will apply as stated in the proposal.
16. Returns Policy
Returns are not allowed unless prior authorization has been obtained from Turbo Airtech. Returned goods may be subject to a restocking fee.
II. Quote and Conclusion of Contract
1. All quotes provided by Turbo Airtech are subject to change unless otherwise stated in the order confirmation. Technical documentation and information regarding weights, capacity, performance, and operating costs are only binding if expressly stated.
2. Turbo Airtech reserves all property rights and copyrights for any cost estimates, quotes, and other documentation. This material must not be shared with third parties without prior consent from Turbo Airtech and must be returned upon request.
3. These terms are accepted by the purchaser upon the conclusion of the contract and apply exclusively; any conflicting terms from the purchaser are invalid unless explicitly agreed to in writing by Turbo Airtech.
4. A contract is concluded through timely written acceptance of a written offer from Turbo Airtech or upon written confirmation of an order by Turbo Airtech. Any amendments or agreements are only binding with written confirmation from Turbo Airtech.
III. Scope of Delivery
1. The written order confirmation from Turbo Airtech determines the scope of delivery.
2. For goods used outside India, the purchaser is responsible for compliance with all local laws and regulations, including taxes, fees, and duties.
IV. Price
Prices are ex-works, excluding freight and packaging, plus applicable GST which will be indicated separately on invoices.
V. Payment
1. Payments must be made on the agreed date to the bank indicated by Turbo Airtech. Delayed payments incur an interest rate of 9% above the RBI base rate.
2. The purchaser may only offset payments or assert retention rights against undoubted or legally established claims.
3. If payment is deferred, the remaining claim becomes immediately due if items are resold by the purchaser.
VI. Retention of Title
1. Delivered goods remain the property of Turbo Airtech until full payment is received. If collateral exceeds 50% of secured claims, Turbo Airtech will release secured collateral upon request.
2. Any processing or use of goods under retention of title does not impose liability on Turbo Airtech.
3. The purchaser must notify Turbo Airtech of any seizure or impairment of ownership interests.
VII. Delivery Time
1. Delivery periods commence upon clarification of necessary documentation by the purchaser.
2. Delays caused by strikes, force majeure, or other unforeseen events will extend the delivery time accordingly.
3. A reasonable grace period will be set for delays caused by Turbo Airtech before the purchaser can withdraw or claim damages.
VIII. Transfer of Risk
Risk transfers to the purchaser upon delivery to the dispatch company or upon notification of readiness for dispatch if delayed through no fault of Turbo Airtech.
IX. Fulfillment
The obligation to deliver goods is fulfilled when risk is transferred. Partial deliveries are permitted
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X. Liability for Defects in Delivery
1. Turbo Airtech ensures compliance with guaranteed properties and features and will remedy defects or replace goods as necessary.
2. Warranty claims must be submitted within specified periods, dependent on type and condition of goods.
3. Purchasers must follow installation instructions; failure to do so voids warranty claims.
XI. Withdrawal/Non-Acceptance
1. If Turbo Airtech withdraws from a sale, it will issue a credit note for the purchase price, subject to deductions for losses incurred.
2. Transport costs for returns are borne by the purchaser, who must prove damage did not occur during transport.
XII. Purchaser's Right of Revocation
1. The purchaser may withdraw from the contract under specified conditions but must notify Turbo Airtech in writing.
2. Upon withdrawal, Turbo Airtech may demand compensation for expenses incurred and loss of profit.
XIII. Turbo Airtech's Right of Revocation
Turbo Airtech may withdraw from the contract if unforeseen events significantly change its performance obligations or economic circumstances.
XIV. Liability
1. Turbo Airtech is liable for damages due to its own willful misconduct or gross negligence and for certain statutory obligations regarding warranties.
2. Seller's total liability for any claims arising out of this contract shall not exceed the purchase price. Seller is not liable for any special, indirect, incidental, or consequential damages.
XV. Non-Transferability of Rights
The purchaser may not transfer or pledge any rights under this contract without express consent from Turbo Airtech.
XVI. Place of Performance and Jurisdiction
1. The place of performance for all claims is New Delhi, India.
2. Exclusive jurisdiction for disputes arising from this contractual relationship lies in New Delhi.
XVII. Applicable Law and Validity of Contract
1. The contractual relationship is governed by Indian law, excluding the UN Convention on Contracts for the International Sale of Goods.
2. If any provision becomes invalid, remaining provisions remain effective, with invalid clauses replaced by lawful provisions closest to their intent.
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These Terms and Conditions apply to all sales conducted by Turbo Airtech and are valid as of the date specified in the order confirmation.
