TERMS OF SALE - DURIAN INDUSTRIES LIMITED ("Durian")
FORCE MAJEURE
Durian shall not be responsible for any delays in the delivery or damage to the goods/materials under this Invoice, if the same is due to any reasons beyond its control, including but not limited to Natural Calamities - Fire, Floods, Earthquakes, Theft, War, Emergency, Riots, Revolutions, Embargo, Civil Commotions, Political Disturbances, Strikes, Lockouts and Curfew.
DELIVERY CONDITIONS
The date stated for the delivery is only estimated and Durian shall not be liable for any loss or damage to the goods/materials due to any delayed delivery. Further, any delayed delivery shall not be the ground of cancellation of order or rejection of goods/materials. Durian accepts no penalty whatsoever for any delay or damage in delivery under abnormal conditions. When the price quoted is for delivery by any mode of transport on road, the customer shall take delivery of the goods ex-transport as the case may be and Durian's responsibility ceases after the goods are placed on rails or on any mode of transport on road at the place of shipment of goods/materials.
DELIVERY IN ONE OR MORE LOTS
Unless otherwise expressly agreed by Durian, the goods/materials ordered may be delivered either in one lot or in separate lots, as shipped. Customer hereby accepts that every order shall be subject to the aforesaid condition, notwithstanding anything expressed to the contrary under the order.
INSTALLATION
All goods are sold on D.I.Y* basis. Before use of any materials/goods, customer are instructed to read the "Manual / Instructions" carefully, which are provided with each item/goods.
FREIGHT AT OWNER'S RISK
Durian shall book freight at Customer/Purchaser's risk unless, Durian shall have received previous written instruction to the contrary before the goods/materials are placed on transit through any mode of transport, i.e. rail, road or by air.
PAYMENT AND DELIVERY
If the customer fails to pay remaining amount due or fails to take delivery of the goods within the time stated in the order, the advance amount paid by him/her shall not be refunded nor the same shall be adjusted against purchase of any other goods/material, and adjusted to any other persons account, but shall stand forfeited in full without any objections of any party/parties, without prejudice to other legal rights available to Durian.
DAMAGE AT YOUR SITE
Durian shall not be responsible for any damage or theft of the goods after delivery of the same at your site or at any other place agreed with Durian, and the delivered goods/materials shall not be replaced or refunded. When the price quoted is ex-site, Durian's responsibility ceases after the goods/materials are delivered on the ground floor as Durian do not hold responsibility for any damage to the goods/materials or the premises where the goods may be taken to upper floor or down into the basements, as the case maybe. Further, the goods/materials shall not be taken back nor be replaced, if the same does not fit/installed into the size of the customer’s site.
REPAIR & MAINTENANCE
Subject to the “Terms of Warranty” below, any repairing or maintenance to the goods/materials sold to the customer, shall be entirely at customers risk and cost. Except to the extent provided under "Terms of Warranty", Durian excludes any and all warranties, expressed or implied, in relation to merchantability or fitness of the goods/materials for any purposes.
JURISDICTION
The Courts of Mumbai shall have the exclusive jurisdiction to adjudicate any dispute arising under or in relation to this transaction.
* Do it Yourself.
TERMS OF WARRANTY
1. Durian shall provide a five (5) year term of Warranty on the goods/materials sold under this Invoice, commencing from the date of this Invoice only ("Warranty Term").
2. Under the said Warranty Term, Durian shall provide free repair services (excluding as mentioned under clause 4 below) in regard to any malfunction or defect to the goods/materials caused/arising within one (1) year from the date of this Invoice. For the remaining four (4) years from the date of expiry of the first year, Durian shall only be liable to provide repair services in regard to any malfunction or defect to the goods/materials, at cost to the customer.
3. Durian excludes the complete warranty on the following goods/materials arising out of/due to any defects (of whatsoever nature):
(a) "Rocking Chair" (Item Code: ___)
(b) Bean Bags (Item Code:_____)
(c) Components like Bushes & Buffers
(d) Marble Tables (Item Code: _____)
(e) Electrical Components, Glass Covers/Tops, Locks, Scratch Marks and Polishing
(f) Small items like ________________.
(g) Any goods/materials sold on discounted rates, as notified by Durian
4. All costs pertaining to transportation and insurance incurred during the transit of goods/materials from any Durian authorised service centres to the customers site/premises under the said Warranty Term, shall be borne by the customer as per the bill raised by Durian.
5. Durian reserves the right to reject any warranty service during the Warranty Term, if in its sole opinion, Durian finds that the customer have not complied/adhered to the "Manual/Instructions" provided to the customer at the time of sale of such goods/materials.
NOTE: Customer hereby agrees that the warranty terms contained hereinabove shall not be construed as any form of "guarantee" on the goods/materials, i.e. Durian shall not be liable, at any stage, for a complete replacement/recall of goods/materials sold hereunder, and that the liability of Durian shall be limited and subject to the warranty terms contained hereinabove.
