- 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.
- For all purchase order received by Elmec Heaters & Controllers are not subject to cancellation or modification except upon written approval by Elmec Heaters & Controllers and shall be subject to cancellation charges as determined by Elmec.
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 Heaters & Controllers.
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 Heaters & Controllers shall prepay freight, and select the means of transportation unless buyers provide specific written instruction other wise with Buyer order. Elmec Heaters & Controllers 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 Heaters & Controllers 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 Heaters & Controllers 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 Heaters & Controllers 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 Heaters & Controllers 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 Heaters & Controllers 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 Heaters & Controllers be liable for indirect, special, incidental, or consequential damages.
Elmec Heaters & Controllers 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 Heaters & Controllers 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 Heaters & Controllers have no control over the application of its own products, Elmec Heaters & Controllers cannot guarantee against burn -out. This warranty is applicable to any party uses the Elmec Heaters & Controllers products during the period of warranty. Elmec Heaters & Controllers 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 Heaters & Controllers option, without any additional charges. Buyer or user should notify to Elmec Heaters & Controllers 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 HEATERS & CONTROLLERSWILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INDIRECT, INCIDENTAL DAMAGES. RESULTING FROM ITS BREACH OF THE FOREGOING WARRANTY. ELMEC HEATERS & CONTROLLERSSHALL 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.
Elmec Heaters & Controllers are not responsible for typographical errors.