Elmec Speciality Heaters Terms & Conditions of Sale
1) All orders are accepted in accordance with the terms and conditions here in specified, unless otherwise noted by purchaser within five working days of date of receipt.
2) For all purchase order received by Elmec Speciality Heaters are not subject to cancellation or modification except upon written approval by Elmec Speciality Heaters and shall be subject to cancellation charges as determined by Elmec Speciality Heaters.
Cancellation charges depend upon the portion of the products completed at the time of such cancellation. The buyer shall pay the cancellation charges estimated by Elmec Speciality Heaters.
Delivery dates are approximate and are based upon prompt receipt of all necessary information from purchaser (i.e. Purchase order, Advance payment, clarifications, samples, drawings, point of delivery etc…) FOB Chennai. Risk of loss shall pass to Buyers on delivery at the FOB Point. Elmec Speciality Heaters shall prepay freight, and select the means of transportation unless buyers provide specific written instruction other wise with Buyer order. Elmec Speciality Heaters shall not be responsible for delivery of any quantities for which Buyer has not given shipping instructions.
On complex heating of control systems an engineering charges may be applied to the first order only. Engineering charges may not be applied if similar items are ordered again. This charge is not subject to discount.
Elmec Speciality Heaters Shall not be liable for delay in delivery or for failure to manufacture or supply of products in the event of: Act of God, war riot, fire, explosion, Accident, Flood, sabotage, Lack of adequate, power, fuel, labour, raw materials, transportation facilities, compliance with governmental requirements, breakage or failure of machines, testing instruments or any other events whether or not of the class or kind enumerated herein beyond the control of such party or in event of labour or trouble, strike, lockout. Which event makes impracticable the manufacture, transportation, sale, purchase, acceptance, use or resale of products or a material upon which the manufacture of product dependent.
If Elmec Speciality Heaters determines that product or any materials used for manufacturing the products of any quantity directly or indirectly is hindered, Limited or made impracticable to manufacture obtain or purchase, Elmec Speciality Heaters may allocate its available supply of products or such material (without obligation to acquire other supplies of any such products or materials) among itself and its purchase on such basis as Elmec Speciality Heaters determines to be equitable without liability for any failure of performance, which may result there from.
Deliveries not made by reason of this section shall be cancelled without liability, but this agreement and/or order shall other wise remain unaffected. No claim is allowed for the failure, damaged or broken product due to transportation, mishandling, installation of products and No claim is allowed for the loss of any kind due to installation or failure of the products. Elmec Speciality Heaters shall not be responsible for loss of any kind arises due to delayed delivery of products and no` claim is allowed under this section. In no event shall Elmec Speciality Heaters be liable for indirect, special, incidental, or consequential damages.
Taxes, Packing and forwarding charges extra. Price does not include all these charges. Buyer's has to bear, any increase in packing and forwarding, Governmental charges taxes and duties. During the course of transaction
All dispute are subject to the jurisdiction of High Court of Chennai, INDIA only. Elmec Speciality Heaters always consider that all the transactions between the Buyers are executed only under full agreement and understanding of the terms and conditions by the Buyer. Any terms and conditions, received during the course of dealing through Buyer purchase order, Shipping documents or by any other form will not add cancel or modify the terms and conditions of Elmec Speciality Heaters, unless otherwise agreed to in writing by Elmec Speciality Heaters and no modification shall be effected by acknowledgement or acceptance of purchase order.
If Purchaser wants to change in quantity, drawings, designs or specification for the products to manufacture they must give written notice to Elmec Speciality Heaters to amend the changes in product after receipt of such notice, Elmec Speciality Heaters will inform to purchaser of any revised Price, delivery schedule etc. All the changes requested by the purchaser should notify Elmec Speciality Heaters well before the commencement of the manufacture of the product. Buyers are sole responsible for any loss or any direct indirect expenses arrived due to any changes in the products. Production error as a result of verbal orders will be charged to the purchaser.
Payment has to be made in T/T or D/D
100% against Proforma Invoice (or)
40% Advance Balance (or) against Proforma Invoice (or) through Bank as agreed by Elmec Speciality Heaters.
30 days upon approved credit. Price and discount are subject to change without notice.
All quotations are valid for 30 days unless otherwise stated
Prices, discount, delivery and designs are subject to change without notice. Elmec Speciality Heaters shall have the right to revise discount, Prices, point of delivery, service allowance or terms of payment at any point of time during the course of transaction. If buyer restricts any revision desired by Elmec Speciality Heaters, Elmec Speciality Heaters shall have the right to terminate this order by notice to buyers, suspend deliveries. Any delivery suspended under this section shall be cancelled without liability.
Purchaser agrees to indemnify and hold Elmec Speciality Heaters harmless with respect to any third party claim for personal injury (or death), property damages are other loss which claim are based upon defective or allegedly defective design, material or work man ship furnished by Elmec Speciality Heaters. Purchaser represents that any liability insurance policies which purchaser may have provide that subrogation rights against suppliers such as Elmec Speciality Heaters are waived.
To the extent that Elmec Speciality Heaters develops a new process while designing a new product on behalf of purchaser, the rights to the new process and or product including patent rights shall remain with Elmec Speciality Heaters.
Credit Shipments on an open account basis will be made to approved customers who maintain good credit standing.
(i) Purchasers, whose credit has not been approved, must submit names, address and telephone numbers of three industrial or commercial credit references.
(ii) Shipments of standard products to non-approved purchaser will be shipped on COD Basis.
(iii) Orders for special or non-standard products from Non -approved customers as must be accompanied with cash or D.D in advance payment.
If Elmec Speciality Heaters delivers a product to the purchaser designated as sample or prototype no warranties or guarantee or suitability or fitness of particular purpose or merchantability are made with respect to such prototype or sample. Purchaser shall have the sole responsibility to test the sample or prototypes prior to acceptance and/or usability of sample in to end-use applications. If Elmec Speciality Heaters Manufacture a product based on a sample or prototype design approved by the purchaser may differ in assembly methods and materials from the sample or prototype. Buyers therefore shall have the duty and sole responsibility for testing and acceptance of products, which are based on prototype or sample design.
Quantity and Weights :
Variation in Quantity and Weight: When Industrial Heaters heating systems controllers and sensors are manufactured to specific order. It is necessary to allow for losses in production and for this reason we reserve the right to ship as stated below.
1 - 9 units ± 1 Units
10 - 100 units ± 10%
10 and over ± 5%
Products shall not be returned to Elmec Speciality Heaters without Prior approval from Elmec Speciality Heaters. Elmec Speciality Heaters will find the actual cause for return and If the products returned due to manufacturing defect Elmec Speciality Heaters will decide whether to replace or repair the products, if the products is not subject to Elmec Speciality Heaters warranty Buyer has to bear the cost of replacements or repair all return must be shipped freight prepaid.
All tooling and wood patterns are property of Elmec Speciality Heaters. Elmec Speciality Heaters will accept purchase's special tooling and patterns if sent freight prepaid. Buyer has to bear the cost of tooling and wood pattern if the cost exceeds reasonable amount.
Elmec Speciality Heaters will maintain the tooling exercising reasonable care in order to produce Buyers product. Elmec Speciality Heaters shall not be liable for loss or damage to purchaser's property in its possession.
Elmec Speciality Heaters warrants products against manufacturing defects (specifications, workman ship) for one year from the date of delivery. Provided such products properly installed used and maintained. Elmec Speciality Heaters does not warrant any product against damage from corrosion, Contamination, improper application and specification or wear and tear. The selection application of heaters and controls are the purchaser sole responsibility. Since Elmec Speciality Heaters have no control over the application of its own products, Elmec Speciality Heaters cannot guarantee against burn -out. This warranty is applicable to any party uses the Elmec Speciality Heaters products during the period of warranty. Elmec Speciality Heaters shall not be liable for damages or any kind of losses resulting from the use or installation of products during the period of warranty and no claim is allowed from the user of product due to such losses. If product fails during the warranty period repair or replacement will be done at Elmec Speciality Heaters option, without any additional charges. Buyer or user should notify to Elmec Speciality Heaters within 30 days from the date of failure of the products. THE FOREGOING WARRANTY IS INLIEU OF ALL OF THE WARRANTIES EXPRESS OR IMPLIED, Elmec Speciality Heaters WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INDIRECT, INCIDENTAL DAMAGES. RESULTING FROM ITS BREACH OF THE FOREGOING WARRANTY. Elmec Speciality Heaters SHALL NOT BE LIABLE FOR AND BUYER AND ANY OTHER PERSON OR ENTITY TO WHOM PRODUCTS ARE TRANSFERRED DURING THE PERIOD OF THIS WARRANTY ASSUMES RESPOSIBILITY FOR, ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM OR RELATED TO THE HANDLING, POSSESSION OR USE OF PRODUCTS AND PRODUCTS MANUFACTURED AND SOLD BY Elmec Speciality Heaters.
Elmec Speciality Heaters are not responsible for typographical errors.
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Copyright©2001 Elmec Speciality Heaters. All rights reserved.
By accessing or using our Website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions. Except as specifically stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Elmec Speciality Heaters prior written permission. You also may not, without our permission, duplicate any material contained on our Website or any other server. Permission is granted for you to make a single copy of documents published by Elmec Speciality Heaters on our Website solely for informational and non-commercial use within your organization provided that you keep intact all copyright and other proprietary notices. No other use of the information provided is authorized.
Elmec Speciality Heaters assumes no responsibility for the accuracy of the information contained on the Website. All information published on this Website is provided "AS IS" and is without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose, or non-infringement.
Elmec Speciality Heaters may also make improvements and/or changes in the products and/or the programs described in this Website at any time without notice.
Elmec Speciality Heaters may provide hyperlinks or pointers to other Websites maintained by third parties. The linked sites are not under the control of Elmec Speciality Heaters and Elmec Speciality Heaters is not responsible for the contents of any third party site, links contained in any third party site, or any changes or updates to such sites. The links to any such third party web sites are provided for only as a convenience, and the inclusion of any link does not imply that Elmec Speciality Heaters endorses, authorizes or sponsors any such site or that we are affiliated with such third party. The use of any such third party link is done so entirely at your own risk.
Elmec Speciality Heaters is a privacy conscious organization and is strongly committed to your right to privacy. Elmec Speciality Heaters only uses personally identifiable information you provide for record-keeping purposes or to respond to your requests. Elmec Speciality Heaters will not sell, or share this information with any other organization, except in the limited circumstance of forwarding contact information to the local agent of Elmec Speciality Heaters. Your personal information will be retained only for as long as necessary to fulfill the purposes for which the information was collected or as required by law.