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Terms & Conditions

DEFINATION

  • “Buyer” means the entity to which Seller is providing Products or Services under the Contract.
  • “Contract” means either the contract agreement signed by either parties, or the purchase order signed by Buyer and accepted by Seller in writing for the sale of Products or Services together with these Terms and Conditions. In the event of any conflict, the Terms and Conditions shall take precedence over other documents included in the Contract.
  • “Contract Price” means the agreed price stated in the Contract for the sale of Products and Services, including adjustments (if any) in accordance with the Contract.
  • “Products” means the equipment, parts, materials, supplies and other goods, Seller has agreed to supply to Buyer under the Contract.
  • “Seller” means the entity providing Products or performing Services under the Contract.
  • “Services “means the services Seller has agreed to perform for Buyer under the Contract.
  • “Terms and Conditions” means these “General Terms and Conditions for the Sale of Products or Services”, together with any modifications or additional provisions specifically stated in Seller’s final quotation or specifically agreed upon by Seller in writing.


INTERPRETATION:
The following terms and conditions shall apply to any sale of goods by Rajkot Innovative Hardware Mart (“Seller” or the “Company”), having a place of business at 867, Middle Portion Ground Floor, Block A, Sector-2, Rohini, New Delhi-110085. Any purchase order covering the sale of Seller product shall be governed by these Terms and Conditions of Sales and other written provisions mutually agreed upon, if any. Any oral understandings are expressly excluded. Buyer silence or acceptance or use of product constitutes its acceptance of these Terms and Conditions of Sale. No Modification or addition to these Terms and Conditions of Sale shall be effective unless agreed in writing and signed by an authorized representative of Seller. Buyer shall not be obligated to buy any Product from seller and Seller shall not be obligated to sell any product to Buyer. In this Terms and conditions, contained in this document shall apply to all such sales and transactions.
 
CONTRACTUAL DOCUMENTS:
The document regulating the obligations between Seller and the Buyer concerning the supply of the goods or Services, i.e. individual terms and conditions agreed between Seller and the Buyer is the Contract concluded between the Seller and the Buyer. These Terms & Conditions form an inseparable part of the Contract concluded between Seller and the Buyer, Contracting Parties may modify or exclude individual provisions of the Terms & Conditions by an express arrangement in the Contract. A specification of individual items of deliveries of the goods, Works or Services may also be implemented through Buyer’s orders confirmed by Company. A confirmed order shall be considered as a Contract.

ORDER AND PURCHASE:
Presentation of the goods is provided by the Seller through website or emails. Seller process the offer based on the request of the Buyer. Request can be made in written form or by the communication tools as email or telephone. The offer contains goods or Services details and specifications, quantity, price, form of payment, place and time of fulfillment. It also contains Seller and Buyer’s identification details. Acceptance of the offer, the buyer confirms by the binding order. The order must contain same information as offer; it include goods, Services specifications and details, quantity, price, form of payment, place and time of fulfillment.

PRICES:

  • Seller shares the product price on seller request through email, calls or inquiry on website. Price include transport charges, insurance and export/custom duties charges except sales tax (Government Sales Tax) and other if any, GST or other taxes if needed, added in the final invoice additionally.
  • The price is individually calculated based on Buyer’s order. Price includes price of goods, Services and other fulfillment.
  • Seller may change price at any time. Price change shall apply to all orders accepted after the effective date of a price change. Buyer is informed about the price change in advance.
  • All prices based on the quantities quoted and any change in the quantities may affect the price. No discount will be allowed unless specifically agreed to in writing by Seller.


TERMS OF PAYMENTS:

  • The Buyer is obliged to pay purchase price properly on time in accordance with the agreement. If the due date of the invoice is not set expressly, the invoice must be payed within 14 days from delivery of the invoice.
  • The Seller is entitled to demand part of purchase price after conclusion of the purchase contract, before delivery of the goods (payment in advance). The amount of advanced payment is settled in Seller’s offer and it can reach up to 100% of the purchase price. This amount must be payed based on Seller’s proforma invoice, which is delivered immediately after conclusion of the agreement. Due date of this proforma invoice is 7 days after delivery of the invoice. After proper payment is Seller obliged to proceed to item of the purchase. If the payment in advance is not realized, the Seller is entitled to withdraw from the contract.
  • The Buyer is obliged to pay the remaining part of the price after delivery of the purchase item. The contractual parties may arrange that the remaining part of the price can be payed in installments.
  • The purchase price is payed based on Seller’s invoice. The invoice must contain requirements of the accounting document.


DELIVERY:

  • The Seller delivers goods of the purchase at named place chosen by the Buyer. Delivery by carrier is payed by Buyer.
  • The Seller fulfills his obligation to pass the goods of the purchase by the moment, when he allows disposition with the goods. In case of delivery by the carrier is the obligation fulfilled by passing goods to the carrier. The property right is transferred after full payment of the purchase price. The Seller is obliged to pass the documents related to the goods of the purchase.
  • The Buyer is obliged to provide cooperation to proper delivery of the subject of purchase. If the required cooperation is not provided by the Buyer it is considered as a delay in acceptance of the goods. The Seller delivers goods at alternative place or in alternative time. In the case of Buyer’s delay has Seller right to demand contractual penalty, which is 0,05% of the purchase price for every day of delay. The contractual penalty does not release the Buyers obligation to pay the whole purchase price properly and does not exclude the Seller claim for damages arising from breaching the contract.
  • On a request, the goods can be also shipped under partner’s courier number.
  • Acceptance of the goods must be confirmed on the transmitting protocol. The Buyer is obliged to check the condition of the item of the purchase immediately after acceptance. Damages or other defects, (not caused by the delivery) of the item of purchase must be reported to the Seller immediately.
  • The Buyer is obliged to withdraw the shipted goods at a pre-arranged address. In the case that the Buyer does not withdraw the goods within the specified time, the bills associated with the further handling of the goods are debited to the Buyer.
  • The Seller reserves the right to make delivery of Products by installments and to tender a separate invoice in respect of each installment. When delivery is to be by installment or the Seller exercises its right to deliver by installments or if there is delay in the delivery of any one or more installments for whatever reason the Buyer shall not be entitled to treat the Contract as a whole as repudiated.


WITHDRAWAL FROM THE CONTRACT:

  • The Buyer is authorized to withdraw from the contract by paying withdrawal fee and according to following conditions. The Buyer can cancel commitment before delivery of the goods of the purchase. The commitment can be canceled only as whole the commitment is canceled by paying of 90% of the purchase price and withdrawal must be realized in written form.
  • The seller is authorized to withdraw from the contract in case of breaching the contract and the purchase price is not payed properly and on time. The withdrawal must be realized in written form and it’s effective by delivery.
  • Between contractual parties is concluded contractual penalty in case of breaching of contract or not paying the purchase price properly and on time. The contractual penalty is 0,5% of the purchase price for each day of delay. The contractual penalty does not release the Buyers obligation to pay the whole purchase price properly and does not exclude the Sellers claim for damages arising from breaching the contract. The contractual penalty must be payed within 10 days from delivery of the payment notice. If the delay of the Buyer exceeds 30 days the Seller is authorized to withdraw from the contract. If the Seller withdraws from the contract, in case of Buyer’s delay, Seller is authorized to demand contractual penalty which is 90% of the purchase price. If the Buyer payed advanced payment, this payment is considered as a payed part of contractual penalty. The Buyer is obliged to pay the contractual penalty within 5 days from delivery of the written withdrawal from the contract.


WARRANTY:

  • The Seller is responsible for the defects or damages in the goods of the purchase, which existed at the time of transfer of the Buyer’s risk. For defects that arise later is the Seller responsible only in case of breaching obligations. The Seller is not responsible for damages that are caused by using material that provided the Buyer or insisted on using it.
  • The Seller warrants that the goods of the purchase will have the usual features for the certain period of time (guarantee period) and will be eligible to use. The guarantee period for goods is 12 months, for the other fulfillment is the guarantee period 6 months. The guarantee period starts from the day of reception of the goods or services marked on transmitting protocol.
  • From the warranty are excluded damages, occurred in guarantee period, caused by external events, third party or force majeure. Especially are excluded defects caused: a) improper, inadequate action, handling or storage. Installation, operation or use contrary manuals, instructions and rules. b) mechanical damage of goods c) goods caused by use or service life d) modifications and repairs made by the Buyer or third person e) natural elements or force majeure
  • The duration of the guarantee period is proved by acquiring document (invoice etc.) and by transmitting protocol with date of reception. In case of not proving the duration of the guarantee period the Seller is not responsible for damages.
  • The Buyer is obliged to handle and dispose with the goods with required care. The Buyer is obliged to announce the damages without undue delay. The Buyer is obliged to announce the hidden defect without delay, immediately when he found it out, but no later that 12 months from reception of goods and no later that 6 months from reception of the services and other fulfillment. The Buyer notifies the damages in written form. In the event that the Buyers delivers a faulty item to the Seller office or is obliged to protect it and to prevent damages. The delivery must be marked as “claims/reclamation” and must contain at least the claimed goods of purchase (including accessories), a copy of the purchase receipt or invoice, transmitting protocol, a detailed description of the defect and the time of discovery and the contact details of the Buyer.
  • The Seller will verify the legitimacy of the claim without undue delay, but no later than 5 days from reception of the claim. If the Seller accepts the claim, he is obliged to remove defects without undue delay, if possible within 30 days.
  • If not agreed otherwise, the Seller removes the defect by repairing the goods of the purchase or by the delivering missing parts. The Seller can also remove the defects by delivering new product. If this kind of removing is not possible, the Seller offers discount.
  • If the Seller doesn’t accept the claim (it is not legal liability or warranty), he is authorized to charge the costs for the verification of the claim. The Buyer is obliged to pay the costs by the due date in invoice delivered by the Seller. The Seller also advises to the Buyer the method, price and timing of the removal of the defect and can offer the removal for the financial compensation.


SERVICE:

  • An RMA number is required for Seller to process returned goods, whether the goods is under warranty or out of warranty. Buyers have to use RMA form. Shiping goods on repair without RMA form; will increase returning time
  • International goods returns must be coordinated in advance of shipment in order to adhere to import requirements. Buyer can obtaion more information from responsible sales manager or can ask on info@rihmart.com.


EXPORT AND USE RESTRICTION:

  • Unless it is explicitly mentioned, goods are determined for commercial end use only.
  • goods may not be used in the design, development, production, or use of nuclear, chemical or biological weapons or missiles and not be sold transferred or exported to Belarus, Burma (Myanmar), Ivory Coast (Côte d’Ivoire), Libya, Zimbabwe, Cuba, Iran, North Korea, Sudan and Syria.
  • Other limitations on goods used for export options may be added based on the type and technical parameters of the goods or its component.


MISCELLANEOUS:

  • Any typographical or clerical error herein is subject to correction.
  • This document and the sale of the goods described herein shall be construed in accordance with the laws of the State of New Delhi- INDIA.
  • The submission of a quotation by Seller in response to Buyer’s request does not constitute an expression of Acceptance of any term or condition which may have been set forth in Buyer’s request. The terms and conditions of sale set forth herein are the only terms and conditions applicable to the sale of the goods described on the face hereof notwithstanding prior or, post sale, references.
  • Seller will not be liable for any losses or delays resulting from fire, flood, storm, strikes or other circumstances beyond its control, which affect its operations or the operations of its Buyers.
  • Seller shall have the right to charge a service fee for reissuing invoices due to unauthorized discounts taken by Buyer.


GENERAL PROVISIONS:
Notwithstanding anything to the contrary in these conditions, the Seller shall not be liable to the buyer for any loss or damages which may be suffered by the Buyer as direct or indirect result of the supply of Products or Services being prevented, delayed or rendered uneconomic by reason of circumstances or events beyond the Seller’s reasonable control. If due to such circumstances or event Seller has insufficient stock to meet its commitment, the Seller may apportion available stocks between its customers at its sole discretion.



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