a) The acceptance of Company’s quotation / tender includes the acceptance of the terms and conditions specified herein. Any modification of a term / conditions must be confirmed by the Company in writing.
b) The supply of goods quoted is subject to prior sale.
c) Purchaser is requested to furnish sufficient information to enable the Company to proceed with the order otherwise, the Company shall not be responsible for any delay in supplying the goods.
- PRICES :
a) All prices quoted are Ex-works Atit or Warehouse of the Company unless otherwise stated in the offer.
b) Prices are based on the present cost of raw materials, labour charges etc. and unless otherwise agreed to by the Company in writing, they are subject to enhancement up to the time of delivery. The order will therefore be accepted on the understanding that prices prevailing at the time of shipment will be charged and Purchaser agrees to pay such prices.
c) Terms and Excise Duty : The prices quoted are exclusive of excise duty, Octroi and Sales Tax or any other taxes or levies imposed by Central or State Legislature or any other competent authority upto the date of supply and will be charged extra at rates prevailing at the time of dispatch.
d) Interest at 15% per annum or as specified in the contract / invoice shall be payable on demand on all overdue payments. No Other person or entity is authorised to receive collection on behalf of the Company. Payment made to an un-authorised person will not be binding on the Company.
- VARIATIONS :
In the event of variation or suspension of the work on Purchaser’s instructions or lack of instruction, the contract price is subject to enhancement.
- CANCELLATION CHARGES :
Cancellation of the contract or part thereof shall render the Purchaser liable to payment of fair cancellation charges, proportionate to the extent of work carried out by the Company subject to a minimum of 10% of the value of contract and Company’s decision in this regard shall be final and binding on the Purchaser. Any payment of advance is liable to be forfeited in case of cancellation of contract.
The Company shall be relieved by the Purchaser of liabilities incurred under this contract wherever and to the extent to which the fulfillment of such obligation is prevented, frustrated or impeded as a consequence of strike, lockout, war, disturbing conditions and / or by any statute rules, regulations, orders or requisitions issued by any Government Department / Council or other duly constituted authority.
- INSURANCE :
Company has an Insurance Policy, for its finished products, unless the sale of these products is on ex-works basis.
- WARRANTY :
As per Annexure B below.
- GENERAL LIEN :
The goods are sold and delivered on a condition that the ownership therein shall not pass to the Purchaser until it is fully paid for and all goods shall remain the Company’s property until the whole purchase price has been paid. The Company shall be at liberty to cancel the contract and to remove the goods thereby, if the price is not paid at the time and in the manner stipulated or any installment or purchase money which may have been paid under the same contract and/or any other account.
- STORAGE :
If the Company does not receive forwarding instructions sufficient to enable the Company to ship within fourteen days after notification that the goods have been tested or that they are ready for shipment, Purchaser shall take delivery or arrange for storage of the material on its own account.
- LIMITS OF LIABILITY :
a. The liability of the Company shall be restricted to the price paid by the customer for the product purchased from the Company. Except as specifically provided herein no liability whatsoever is accepted for any loss or damage, direct or indirect or loss of profit or detention or expense of any kind.
b. Only Technical grade refrigerant should be used. For Hydrocarbon compressors refrigerant charge should not exceed 150 gms.
- LEGAL CONSTRUCTION AND ADJUDICATION :
The contract shall in all respects be construed in conformity with the Indian Law and cause of action in relation to the contract shall be deemed to have arisen within the jurisdiction of the appropriate Court located at Satara.
Sales tax declaration form(s) against Local Sales Tax, Central Sales Tax etc. should be furnished along with the order or maximum within one month from the date of Invoice. Non submission of form (s) in time will attract debit note / bill for difference of tax.
If delivery of material is spread over in different financial years and if Sales Tax declaration or certificate is issued against purchase order, separate Sales Tax declaration or certificate will have to be submitted in respect of goods delivered in each financial year.
- PACKING :
Unless otherwise specified in Company’s order acceptance, packing will be in accordance with the standard practices of the Company.
- FORCE MAJEURE :
The performance of this contract hereunder shall be subject to the conditions of Force Majeure including acts of God like floods, earthquake, war, fire, riots, civil common, strike, lock-out. Government regulations and any other circumstances beyond human control which directly or indirectly affect the performance or obligations by the Company or Company’s subcontractors who have undertaken to supply the bought out subcontracted items to the Company’s requirements to be used for the equipment to be supplied under this contract provided, if the occurrence of any such event under any of the circumstances described hereinabove delays the performance of the obligations, then in that case the period of delivery under the contract shall be deemed to be extended by the corresponding period.
- Company's products, including technical data relating thereto, are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. The products may not be used, sold, resold, diverted, transferred, reshipped or otherwise exported or re-exported: (i) in, into or through any country designated as a terrorist supporting country by the U.S. government or any of its agencies; (ii) in, into or through any country which the U.S. has an embargo or with which the U.S. or any of its agencies maintains comprehensive trade controls; (iii) to or by a national or resident of the countries described in (i) or (ii); or (iii) to or by any party included in the U.S. Department of Commerce’s Denied Person’s list, Entity list or Unverified List; or the U.S. Department of Treasury’s Specially Designated Nationals, Specially Designated Global Terrorists List ; or the U.S. Department of State’s Designated Foreign Terrorist Organizations or Debarred Persons List ; or is otherwise designated by the U.S. government as a party with which it is unlawful to do business.
- Handle Emerson Climate Technologies (India) Limited Product(s) with care and in such a position that, the product mountings should always be downwards to avoid spillage of compressor oil.
- If Emerson Climate Technologies (India) Limited product is to be disposed off then, please do it through Government Authorized scrap centre.
Compressor bearing Serial Number as stated on the Delivery Note / Invoice is covered by Warranty as per General Policy and conditions stipulated below :
- Compressors manufactured by the Company, if becomes inoperative within its warranty period and as determined from compressor serial number and the relevant invoice no. and date due to defects in material or workmanship when so concluded by the Company / Authorized Service Centre after analyzing the claimed out of order compressor will be replaced by another repaired compressor free of cost by the Company if the out of order compressor is received at the Company’s Warehouse within the stipulated period.
- The responsibility of delivery of out of order compressor and collection of replacement compressor is of the Purchaser including transportation cost and other incidental charges
- Purchaser will deliver the out of order compressor at the Company's Warehouse and will collect another repaired compressor in replacement, at its own cost from the Warehouse.
- For the purpose of Warranty determination, date of receipt of out of order compressor at the Company's Warehouse will be treated as date of failure.
- In the event of failure of compressor manufactured in India, within warranty, the replaced compressor will carry warranty only for balance period of the original compressor’s warranty.
- The warranty shall not be deemed to place any liability on the Company effecting sale of this compressor for any labour processing / servicing expenses, additional material cost or incidental expenses incurred by the Purchaser in replacing compressor and / or repairing the refrigeration system or appliance or part thereof in which this compressor was applied / fitted.
- If the compressor becomes inoperative due to mishandling, faulty installation, improper processing, failure or malfunctioning of some other parts of the refrigeration system or appliance or due to faulty installation of the refrigerating appliance, faulty wiring or fluctuation of voltage beyond specified operating limits or not as per the specification of the Company, it may be replaced free of cost at Company's discretion.
- The Company reserves the sole right to recover from the Purchaser, repair charges and applicable service tax on in-warranty claimed out of order compressor including denial of any Warranty where on inspection at the Company's Warehouse or Authorised Service Centre, it is found that there is no inherent defect in material and workmanship of this compressor. Company's decision in this matter shall be final and binding on the Purchaser in respect of this warranty claim.
- This warranty is in lieu of all other express / implied warranties.
This warranty is also subject to the conditions mentioned hereafter.
- This warranty will be void in the following cases:
a. Any deviation from the use of specific applications under specific engineering specifications as recommended by the Company since the compressors are designed and recommended to be used for specific applications under specific engineering specifications.
b. Use of antifreeze in a refrigeration system.
c. Compressor is cut in the field or its tubes kept open in the field or if compressor is mutilated or damaged for any reason whatsoever, including compressor’s serial number being mutilated or rendered illegible for compressor nameplate missing for any reason whatsoever.
d. Use of any electrical accessories, Valves, Controls and System Protectors other than those of good quality purchased from the Company or similar Valves, Controls and System Protectors for which Purchaser has a written approval from the Company. However, purchase of accessories, Valves, Controls and System Protectors from the Company is not compulsory.
e. In case the compressor is subjected to an accident, misuse, careless handling, abuse or alteration such as incorrect supply voltage, defective or open fuses or circuit breakers, improper installation and damage due to fire or other causes.
f. If the compressor is not returned and delivered along with all external mounting parts properly fitted with the compressor and with all the tubes properly sealed / plugged with rubber plugs / caps as soon as the compressor is removed from the appliance in case of replacement or repair.
g. Unsatisfactory compressor performance or failure due to presence of solid contaminations, chemical contaminations, moisture and / or non-condensable gaseous contaminations in the refrigeration system due to improper dehydration, evacuation and wet refrigerant charge since compressors are charged with dehydrated oil and nitrogen gas and then sealed.
h. Any deviation from the instructions given for proper installation, use and servicing of the product and genuine spare parts as detailed in Company's published literature, manuals, pamphlets or other official publications.
i. Repairs and modifications are carried out without Company’s approval in writing.
- This warranty is not and shall not deemed to be a warranty for the complete appliance wherein this compressor is used / fitted.
- Warranty on imported compressors will be only for "manufacturing defect" as ascertained after a Tear Down Analysis (TDA) by the Company. Company’s decision based on TDA is final and binding on the Purchaser. Lead time for replacement in case of manufacturing defect, shall be subject to availability of another compressor or issuing credit note in lieu of the same. The analysed compressor or its parts will not be returned to the Purchaser.
- This warranty:
a. does not extend to consequential damages or loss.
b. does not cover supply of consumables like refrigerant, oil etc.
- The warranty period for various products will be as below :
Sr. No. Name of the Product Warranty period 1 All Compressors manufactured in India 18 months from the date of invoice 2 Imported Compressors (Sold separately or as fitted in a Condensing Unit) One time during One year 3 Condensing Units (CDU) manufactured by the Company (Warranty applicable to below parts only) a. For Condenser Coil 3 months from the date of invoice b. For Fan Motor (Excluding Fan Blade) 1 year from the date of invoice