1. In these conditions the following words shall have the meanings shown:
a. “The Company” means naredi.in located at 15 Kailash Hills Market, New Delhi – 1100065 with GSTN no 07AGDPA8382J1ZA.
b. “The Buyer” means any person, firm, or company purchasing the Goods from the Company under a Contract.
c. “Goods” means any products or items purchased by the Buyer from the Company and/or products, items or services supplied by the Company to the Buyer under a Contract.
d. “The Contract” means the agreement between the Company and the Buyer for the purchase from the Company by the Buyer of Goods.
e. “Contracts” include all agreements between the Company and the Buyer for the purchase of Goods from the Company by the Buyer.
2. These conditions shall be deemed to be incorporated in all Contracts of the Company to sell Goods and together with any special condition appearing on the face of the Company’s invoice or in the Company’s quotation shall be the sole conditions under which the sale of Goods takes place. In the case of any inconsistency with any order, letter or form of Contract sent by the Buyer to the Company or any other communication between the Buyer and the Company whatever may be their respective dates, the provisions of these conditions shall prevail unless expressly varied in writing and signed by a Director on behalf of the Company. Any concession made or latitude allowed by the Company to the Buyer, unless expressly varied in writing and signed by a Director on behalf of the Company, shall not affect the strict rights of the Company under the Contract. If, in any particular case, any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.
3. Statement, description, information, warranty condition or recommendation contained in any Contract, catalogue, price list, advertisement or any communication or made verbally by any of the agents or employees of the Company shall not be construed to enlarge, vary or override in any way any of these conditions unless otherwise provided herein.
B. WARRANTY AND LIMITATION OF LIABILITY FOR GOODS
1. All Goods are sold with the benefit and subject to the conditions of the warranty supplied with them, which is available for inspection on request. The warranty is limited to defects which the Buyer establishes to the Company’s reasonable satisfaction within 12 months from the date of delivery of the Goods.
2. If the Buyer establishes to the Company’s reasonable satisfaction within 12 months from the date of delivery of the Goods that there is a defect in the materials or workmanship of the Goods, then the Company may at its sole discretion:
(i) repair or make good such defect or failure in such Goods free of charge to the Buyer; or
(ii) replace such Goods with Goods which are in all respects in accordance with the Contract; or
(iii) issue a credit note to the Buyer in respect of the whole or part of the Contract price or such Goods as appropriate having taken back such Goods.
Provided that the liability of the Company under this clause B shall in no event exceed the purchase price of such Goods and performance of any one of the above options shall constitute an entire discharge of the Company’s liability under this warranty.
3. Nothing herein or in any warranty given by the Company shall impose any liability, including for the loss of life or tangible and intangible property, upon the Company in respect of any defect in the Goods arising out of the act(s), omission(s), commission(s), negligence or default of the Buyer, its employees, servants, and/ or agents including in particular but without prejudice to the generality of the foregoing, any failure by the Buyer to comply with any recommendations/instructions of the Company as to storage and handling or use or surviving of the Goods, use of the Goods with other goods which are unsuitable for the Buyer’s purpose, or other misuse of the Goods or accident or wear and tear of the Goods.
4. All implied conditions and warranties are hereby excluded.
5. Test certificates furnished by the Company, if any, shall be accepted by the Buyer as final and conclusive evidence that the Goods covered by the certificate conform to the warranty, if any, given by the Company.
6. The Company makes no representation or warranty that the use of the Goods does not infringe the rights of any third party and the Company accepts no liability in this respect.
C. CONSEQUENTIAL LOSS
1. The Company shall not be liable for any indirect, special or consequential losses (including, but not limited to loss of profit, revenue or other economic loss), costs, claims, liabilities or expenses of any nature whatsoever, whether arising out of any tortious act or omission or of any breach of Contract or statutory duty or duty of care or any misrepresentation or of any other causes whether or not known to the Company, and calculated by reference to profits, income, production or accruals or loss or accrual of such costs, loss or damage on a time basis or otherwise.
2. The aggregate liability of the Company (whether in contract, tort, negligence or breach of statutory duty or otherwise) to the Buyer for any direct loss or damage shall be limited to the price of the specific Goods purchased under Contract only.
D. FORCE MAJEURE
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to an Act of God, fire, flood, lightning, strikes, lock-outs, accidents, war, revolution, acts of terrorism, riots, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of fuel or raw materials from normal source of supply.
E. BUYER’S RESPONSIBILITY
1. The selection of a product suitable for the Buyer’s purposes depends on a range of factors. These factors include but are not limited to on-site conditions and other circumstances of the proposed application of the product known only to the Buyer. The Buyer is solely responsible for satisfying itself that the data supplied by it to the Company, on which any information or recommendation(s) made by the Company is based, is correct and that any assumptions made by the Company to supplement such data are suitable for the Buyer’s purposes. The Company accepts no responsibility of any nature whatsoever for information or advice it supplies or where any data supplied by the Buyer is incorrect or where any assumption, which the Company has made, is unsuitable for the Buyer’s purposes. The Buyer is encouraged to raise with the Company any questions it may have.
2. The Buyer shall be liable for and shall indemnify the Company against any and all expenses, loss, liability suffered by a third party or in a third party proceeding arising as a result of or in connection with any act, omission, negligence, and/or breach of the terms of this Contract or otherwise through the default of the Buyer.
1. The prices payable for Goods shall unless otherwise stated by the Company in writing in the Contract and agreed on its behalf be the trade price list of the Company current at the date of dispatch of the Goods and in the case of an order for delivery by instalments the price payable for each instalment shall be the list price of the Company current at the date of the dispatch of such instalment of the Goods unless the price is otherwise expressly stated in the Contract to be firm for a fixed period.
2. Unless otherwise expressly stated to be firm for a fixed period the Company’s prices are subject to variation to take account of variations in wages, materials, or other costs/imposts since the date of the order of the Goods. The Company accordingly reserves the right to adjust the invoice price by the amount of any increase or decrease in such costs after the price is quoted and the invoice so adjusted shall be payable as if it were the original Contract price of the Goods.
3. All prices in respect of the Goods are exclusive of sales taxes and other local levies, by whatever nomenclature, and these will be charged extra at the appropriate rates prevailing as on the date of invoice.
4. Any payment made as an advance or security deposit will be accepted by the Company only without liability to pay any interest thereon. In case the Buyer’s cancels the Contract or any part thereof or does not abide by any Contract terms, the amounts lying with the Company as an advance or security deposit are liable to be set off against the losses that may be suffered by the Company as a result thereof.
G. ADDITIONAL COSTS.
The Buyer agrees to pay any loss or extra costs incurred by the Company through failure or delay in taking delivery of the Goods or through any act or default on the part of the Buyer, its employees, servants, and/ or agents.
H. PASSING OF TITLE AND RISK
1. From the date of delivery to the Buyer the Goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance but unless otherwise expressly agreed to in writing the Goods shall remain the property of the Company until all payments under the Contract have been made in full and unconditionally and credited to the Company’s account. Whilst the ownership of the Company continues the Buyer shall keep the Goods separate and identifiable from all other goods in its possession.
2. In the event of any resale by the Buyer of the Goods the beneficial entitlement of the Company shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company.
3. In the event of failure to pay the price in accordance with the Contract the Company shall have power to re-sell the Goods. Such power shall be additional to (and not in substitution for) any other power of sale arising by operation or law or implications or otherwise.
4. Pending payment of the full purchase price of the Goods the Buyer shall at all times keep the Goods comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business for which the Goods are for the time being used in an amount at least equal to the balance of the price for the same from time to time remaining outstanding. The policy shall bear an endorsement recording the Company’s interest and shall be produced to the Company on request.
1. The period for delivery shall be the period within which the Goods are intended to be dispatched from the Company’s premises as per the Contract and shall be calculated from the date of receipt of the Company of the Buyer’s order or from receipt of all necessary information to enable the Company to manufacture or procure the Goods whichever shall be the later and the Buyer shall take delivery of the Goods in that period. If no period is given then delivery will be such time after receipt of instructions as the Company thinks reasonable.
2. All times or dates given for delivery of the Goods are given in good faith but without any responsibility on the part of the Company.
Time of delivery shall not be of the essence of any Contract nor shall the Company be under any liability for any delay beyond the Company’s control.
3. Where the Goods are handed over to a carrier for carriage to Buyer any such carrier shall be deemed to be an agent of the Company and not of the Buyer for the purposes of Sale of Goods Act, 1930 and any amendments thereof.
4. No liability for the non-delivery, loss or damage to the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with the Contract will attach to the Company unless claims to that effect are notified in writing by the Buyer to the Company within 3 working days from the date of delivery of the Goods in the case of partial loss or damage of Goods in transit or delivery.
5. In the event of a valid claim for non-delivery or non-compliance with the Contract the Company undertakes, at its option, either to reprocess or replace the Goods at its expense but shall not be under any further or other liability to any Buyer, third party or person in connection with such non-delivery, loss, damage or noncompliance.
6. If for any reason the Buyer is unable to accept delivery of Goods at the time when the Goods are due and ready for delivery the Company may, at its sole discretion, without prejudice to its other rights store the Goods at the risk of the Buyer and take all reasonable steps to safeguard and insure them at the cost of the Buyer provided that the Buyer shall be immediately informed thereof.
7. The Company shall have the right to make delivery of the Goods by instalment of such quantities and at such intervals as it may decide, and any express provision as to instalments in the Contract shall be in addition to and not in derogation of this right.
8. All requests for proof of delivery must be made within a period of 21 calendar days following the date of the invoice.
9. Where the Goods are for delivery by instalments any defect in any such instalment shall not be a ground for cancellation of the remainder of the instalments and the Buyer shall be bound to accept delivery thereof.
10. The Company shall deliver the Goods to the location set out in the order form/ Contract or as the parties may agree in writing at any time after the Company notifies the Buyer that the Goods are ready.
Delivery of the Goods shall be completed on the Good’s arrival at the relevant location.
11. In case of non-availability of goods at the time of ordering, Hilti will supply the goods as and when the goods ordered by the buyer are available with Hilti. In such a case, Hilti India does not guarantee a delivery time as the same may exceed the standard delivery times.
J. CARRIAGE AND INSURANCE
1. The cost of carriage/transportation and insurance of the Goods to the Buyer’s premises within India shall be in accordance with the charges laid out in the Company’s current price list unless specifically agreed to in the Contract.
2. In all other cases, the price of the Goods shall be exclusive of carriage/transportation and insurance to the Buyer’s premises.
1. Goods supplied pursuant to the Contract cannot be returned without the Company’s prior written authorization. Duly authorized returns:
a) Shall be sent to the Company’s premises at the Buyer’s expense;
b) May be subject to a handling charge expressed as a percentage of the value of the Goods subject to a minimum amount as may be deemed fit by the Company, and
c) Must be in the same condition as originally supplied by the Buyer.
L. TERMS OF PAYMENT
1. Payment must be made against delivery or in accordance with the Contract on the due date mentioned on the face of the invoice strictly net. Unless otherwise set out in the Contract, face of the invoice or specifically agreed between the parties, the due date of payment shall be 1005 advance.
2. If the Goods are delivered in instalments, the Company shall be entitled to invoice each instalment as and when delivery of the Goods has been made and payment shall be due on the above terms in respect of each such instalment whereof delivery has been made notwithstanding non-delivery of other instalments or other default on the part of the Company.
3. If upon the terms applicable to any order the price shall be payable by instalments or if the Buyer has agreed to take specified quantities of Goods at specified times, a default by the Buyer of the payment of any due instalment or the failure to give delivery instructions in respect of any quantity of Goods outstanding shall cause the whole of the balance of the price to become due forthwith without any notice.
4. The price of the Goods shall be due in full to the Company in accordance with the terms of the Contract and the Buyer shall not be entitled to exercise any set off- lien or any other similar right or claim.
5. The time of payment shall be of essence of the Contract.
6. Without prejudice to any other right it may have, the Company is entitled to charge and to be paid interest at the rate of 0.5% per week or part thereof on any overdue payment of the price of the Goods or the price of any instalments thereof.
M. DEFAULT OR INSOLVENCY OF BUYER
If the Buyer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Buyer’s property or assets or if the Buyer shall make or offer to make any voluntary arrangement or composition or compromise with his creditors or become bankrupt or if any bankruptcy petition administrator is appointed or makes voluntary arrangement with its creditors or commences to be wound up, the Company, at its discretion, and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every Contract between the Company and the Buyer or may (without prejudice to the Company’s right subsequently to determine the Contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods until any defaults by the Buyer be remedied. The Goods delivered to the Buyer shall remain the property of the Company until all payments under the Contract have been made in full and unconditionally and credited to the Company’s account.
N. INTELLECTUAL PROPERTY
1 Any intellectual property created by the Company in the course of the performance of the Contract or otherwise in the design, manufacture or supply of or otherwise in relation to the Goods or the provision of the services shall remain the property of the Company. Nothing in these conditions shall be deemed to have given the Buyer a licence or any other right to use any of the intellectual property of the Company.
2 All logos, trade name or trademarks owned or used by the Company in the course of its business are the property of the Company. The Company reserves all intellectual property rights in relation to the use of such logos, trade name or trademarks. The Buyer may not use, or permit the use of, such logos, trade name or trademarks or any similar marks without the prior written permission of the Company.
1. The Company shall provide services to the Buyer in accordance with the Contract applying reasonable skill and care.
2. The Company shall use its reasonable endeavours to meet any performance dates for the services, but any such dates shall be estimates only and time shall not be of the essence for the performance of the services. The Company shall not be liable for any direct or indirect loss whatsoever or howsoever arising caused by its failure to provide the services on the due date.
3. Where the Company has to perform any services at the Buyer’s premises, the Buyer shall be responsible for:
3.1 procuring safe and unhindered access to the premises for all the personnel of the Company;
3.2 ensuring that all consents and permissions required to perform the services are in place;
3.3 providing facilities such as power, lighting and other such facilities or supplies necessary to perform the services;
3.4 ensuring that the premises where the services are to be provided are free from all health and safety hazards; and
3.5 the death or personal injury to the Company’s personnel or loss of property of the Company, its personnel and subcontractors whilst on the Buyer’s premises except to the extent any such death or personal injury results from the gross negligence of the Company or its subcontractors.
4. The services will be deemed to be completed and the relevant element of the Contract price to be due and payable forthwith:
4.1 when the Company issues a written notice to the Buyer confirming such completion; or
4.2 if the Company is available to perform the services but is prevented from doing so by reason of:
(a) the lack of relevant assistance from the Buyer (such as lack of availability of test components or parts from the Buyer); or
(b) the condition of the Buyer’s premises on the site at which the services are to be provided and/or the facilities at or the services available at those premises at the time agreed for the provision of the services; or
(c) the failure by the Buyer to comply with the Contract.
Any dispute or difference arising between the parties in respect of or arising out of this Contract shall be settled by a Sole Arbitrator to be appointed by Chief Financial Officer (CFO) of the Company.The Arbitration shall be conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be New Delhi. The Courts at New Delhi shall have the exclusive jurisdiction to deal and decide any/all the matters arising under this Contract.
Q. GOVERNING LAW:
This Contract is entered at Delhi and shall be subject to the laws of India.
naredi.in Terms and Conditions of Sale
For all Queries relating to delivery, account etc., please contact
Registered Office: naredi.in. 15 Kailash Hills Market, East of Kailash, New Delhi 110065
Contact No – 9311211157
Web : https://www.naredi.in
- For products given for approval/testing, a charge of INR 200 per day will be charged beyond the agreed return date
- For products provided as stand by in lieu of another charger, a charge of INR 200 per day will be levied in case of no product is purchased as agreed.
- For no sale in case of agreed terms a shipping charge of INR 800 will be charged.
To avail certain services on our Websites, users are required to provide certain information for the registration process namely: – a) your name, b) email address, c) sex, d) age, e) PIN code, f) credit card or debit card details g) medical records and history h) sexual orientation, i) biometric information, j) password etc., and / or your occupation, interests, and the like. The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience.
All required information is service dependent and we may use the above said user information to, maintain, protect, and improve its services (including advertising services) and for developing new services
Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.
To improve the responsiveness of the sites for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalised Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.
Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.
LINKS TO THE OTHER SITES
Our policy discloses the privacy practices for our own web site only. Our site provides links to other websites also that are beyond our control. We shall in no way be responsible in way for your use of such sites.
We shares the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances:
(a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Arun Sharma (“Grievance Officer”)
Mr. Arun Sharma (Grievance Officer)
Company Name & Address: 15 Kailash Hills Market,
East of Kailash,
TERMS & CONDITIONS
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation,
- (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access,
- (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
- (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or
- (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material
- (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
- (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
- (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.naredi.in or their breach of the terms .
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or indirect or incidental or special or consequential or exemplary damages, resulting from the use and the inability to use the service and for cost of procurement of substitute goods and services or resulting from any goods or data or information or services purchased or obtained or messages received or transactions entered into through and from the service or resulting from unauthorized access to and alteration of user’s transmissions and data and arising from any other matter relating to the service, including but not limited to, damages for loss of profits and use and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or indirect or incidental or special consequential or exemplary damages, whether such interruption or suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages and losses or causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
- All warranty claims need to be sent in writing to email@example.com along with the serial number and invoice number in full.
- In case of a warranty claim, one-way courier charges need to be borne by the buyer.
- In case of non-payment either fully or partially, naredi.in retains the right not to honour the warranty claim.
- naredi.in is not responsible for any incidental or consequential damages
- naredi.in is responsible for the despatch date and delays in transit are beyond our control.
- Any discrepancy in invoice needs to be reported back in 7 days from receiving the invoice.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Arun Sharma (“Grievance Officer”) – 9015812576, firstname.lastname@example.org