Definitions

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“The Company” means Commercial Body Systems. ,
“The Purchaser” means the other party to an agreement for the supply of goods or services by the Company. “Goods” means the goods (including any Instalments of the goods or any parts for them if applicable) or services supplied by the ,
company to the purchaser. “Agreement” means an agreement governed by these general Conditions of sale.

General

These conditions shall apply to any agreement between the Company and the Purchaser for the sale of Goods. All other terms conditions and warranties whether express or implied statutory or otherwise and all representations whether made orally or in writing before or after the date of any order for Goods are excluded to the extent that the same appear in these terms and conditions or are specially agreed after the date of any order in writing by the duly authorized representatives of both parties. The Company’s quotation is merely an invitation for an order subject to these Conditions and no agreement will result until the Company’s authorized representative has confirmed such order in writing. By making an order subsequent to receipt of these conditions the Purchaser acknowledges that these conditions shall prevail over any qualification or condition purported to be imposed by the Purchaser or any previous course of dealing between the Company and the Purchaser. In the event that the Purchaser first receives these conditions after the date of the Purchaser’s order but prior to delivery of the Goods the Purchaser shall be deemed to have accepted the conditions if it raises no objection within 4 days of notification thereof or accepts Goods delivered pursuant to an order which has been confirmed by the Company subject to these conditions.

Products & design

The Company’s products are in accordance with all the images, specifications and diagrams mentioned on the Company’s website/catalogue, except for specifications requested by the Purchaser. However, all the images, diagrams and drawings displayed, are only for the purpose of understanding and indication. The Company explicitly reserves the right to alter or make changes in a product for the reasons of improvements in functionality, technical changes or safety. In the event of any purchase order in progress for a particular product which is altered, it is the sole obligation of the Company to supply the ordered product based on the new model. During the time of the order, the Purchaser will ensure that the products are suitable for the anticipated usage or will address the Company regarding the issues pertaining to the product, in order to enable the Company to suggest an adjustment in the initially planned order. Thereafter, once the order is finalized, the Purchaser guarantees that the products will be used with best practices and according to the instructions provided.

Publication

All descriptions and illustrations contained in the Company’s price lists, advertising matter, catalogue/brochure and other publications are to present merely a general idea of the Goods described in them and shall not form part of an Agreement unless specifically incorporated therein as provided in Clause. The Company reserves the right to update and amend any specification of Goods (including any spare parts supplied) without prior notice to the Purchaser.

Prices

The Company reserves the right, in sole discretion, to amend or change their prices and standard terms & conditions of sale as mentioned in their website/catalog, without incurring any given liability whatsoever to the Purchaser or any other party. All prices of Goods are subject to change without prior notice and are not guaranteed.

Order

Any order for Goods/products shall be deemed to have been accepted by the Purchaser of all terms set forth in the document, and the waiver of all stipulations in its own terms and conditions, except for special written agreements formally accepted by the Company. The Company will accept orders only with confirmed Purchase order sent via email. The Company reserves the right, in its sole discretion, to decline to accept any order.

Cancellation of orders

No cancellation of any order will be effective unless in writing and until accepted in writing by the Company. The Company reserves the right to refuse to accept any cancellation and in particular no cancellation will be accepted of orders for Goods to special requirements or not normally stocked by the Company or if the obtaining by the Company of such Goods is in process of being completed.

Sale/Invoices

The products are provided at the price in effect on the day the purchase order becomes final, taking into account the applicable taxes or additional costs if applicable. The prices of the Company are governed on the basis of cost of raw materials, foreign currency exchange rates, custom duty & other taxes as they are prevalent on the day the order is finalized and may be revised on the basis of changes in these factors during the execution of the order. Therefore, the Company reserves the right to amend prices based on the foregoing. Additional charges for transport, insurance and packaging may apply. Any claim regarding the Company’s invoice will only be allowed if presented within seven days following receipt.

Delivery

The delivery schedule or deadlines stated by the Company, specifically at the time of the order, are always provided for the information purpose only and the Company will make every effort to maintain quoted dates. However, in the event of any delay, the Purchaser does not reserve the right to cancel, reject, penalize or claim damages for the order.

Non-Delivery and Returns

The Purchaser shall inspect the Goods immediately on delivery. Any shortages, breakages or defective Goods must be reported in writing to the Company within 4 working days of the delivery. If the Purchaser fails to give the notice within such period, the Goods shall be conclusively presumed to have been accepted by the Purchaser.
If the Company accepts the Purchaser’s claim under the above clause, it shall be bound to repair or replace the Goods. The Company shall not be liable for any further claims for direct, indirect or consequential damage or loss and its sole obligation shall be making of such repair or replacement.

Force Majeure

The Company shall not be under any liability to the Purchaser in respect of any failure to perform or delay in forming any of its contractual obligations to the Purchaser attributable to any cause of whatsoever nature beyond the Company’s reasonable control and no such failure or delay shall be deemed for any purpose to constitute of contract.

General

Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the Company at its registered office marked for the attention of the Company Secretary and to the Purchaser at its registered office or principal place of business or such other address as may at the relevant time have been notified to the Company pursuant to this provisions. If any provisions of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of these conditions and the remainder of the provisions in question shall not be affected thereby. Every agreement to which these conditions apply shall be constructed and taken into effect according to the law of India and the parties shall accept the non-exclusive jurisdiction of the Indian Courts.