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ELMEC HEATERS & CONTROLLERS Terms
& Conditions of Sale
Acceptance of order :
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
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 :
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 :
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.
Engineering Charges:
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.
TERMS:
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.
Taxes, Packing and forwarding charges :
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
Miscellaneous :
All dispute are subject to
the jurisdiction of High Court of Chennai,
INDIA only. Elmec Heaters & Controllers
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, unless otherwise agreed to in writing
by Elmec Heaters & Controllers and no
modification shall be effected by acknowledgement
or acceptance of purchase order.
Order Changes :
If Purchaser wants to change
in quantity, drawings, designs or specification
for the products to manufacture they must
give written notice to Elmec Heaters &
Controllers to amend the changes in product
after receipt of such notice, Elmec Heaters
& Controllers will inform to purchaser
of any revised Price, delivery schedule etc.
All the changes requested by the purchaser
should notify Elmec Heaters & Controllers
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 Terms :
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
Heaters & Controllers.
30 days upon approved credit. Price and discount
are subject to change without notice.
All quotations are valid for 30 days unless
otherwise stated
Pricing :
Prices, discount, delivery
and designs are subject to change without
notice. Elmec Heaters & Controllers 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, Elmec Heaters
& Controllers 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.
Indemnity and Subrogation Waiver:
Purchaser agrees to indemnify
and hold Elmec Heaters & Controllers 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. Purchaser
represents that any liability insurance policies
which purchaser may have provide that subrogation
rights against suppliers such as ELMEC HEATERS
& CONTROLLERS are waived.
Patent Rights :
To the extent that Elmec Heaters
& Controllers 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.
Credit Conditions :
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.
Prototypes and Samples :
If Elmec Heaters & Controllers
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
Heaters & Controllers 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.
Ordered Shipping variations:
1 - 9 units ± 1 Units
10 - 100 units ± 10%
10 and over ± 5%
Returns :
Products shall not be returned
to Elmec Heaters & Controllers without
Prior approval from Elmec. Elmec Heaters &
Controllers will find the actual cause for
return and If the products returned due to
manufacturing defect Elmec Heaters & Controllers
will decide whether to replace or repair the
products, if the products is not subject to
Elmec Heaters & Controllers warranty Buyer
has to bear the cost of replacements or repair
all return must be shipped freight prepaid.
Tooling and Wood Patterns :
All tooling and wood patterns
are property of Elmec. Elmec Heaters &
Controllers 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 Heaters & Controllers will maintain
the tooling exercising reasonable care in
order to produce Buyers product. Elmec Heaters
& Controllers shall not be liable for
loss or damage to purchaser's property in
its possession.
Warranty :
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.
WEBSITE DISCLAIMER
COPYRIGHT NOTICE
All content provided on this
Website is protected by copyright, trademark
and other applicable intellectual property
and proprietary rights laws. This Website
is owned, controlled, and/or licensed by Elmec
Heaters.
Copyright©2001 Elmec
Heaters & Controllers. All rights reserved.
CONTENT DISCLAIMER
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 Heaters
& Controllers' 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 Heaters & Controllers
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.
USE OF OUR WEB SITE IS AT YOUR OWN RISK
Elmec Heaters & Controllers
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. INFORMATION PUBLISHED ON THIS WEBSITE IS
SUBJECT TO CHANGE WITHOUT NOTICE
Elmec Heaters & Heaters
may also make improvements and/or changes
in the products and/or the programs described
in this Website at any time without notice.
LINKS TO THIRD PARTY WEBSITES
Elmec Heaters may provide hyperlinks or pointers
to other Websites maintained by third parties.
The linked sites are not under the control
of Elmec Heaters & Controllers and Elmec
Heaters & Controllers 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 Heaters & Controllers 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.
PRIVACY STATEMENT
Elmec Heaters & Controllers
is a privacy conscious organization and is
strongly committed to your right to privacy.
Elmec Heaters & Controllers only uses
personally identifiable information you provide
for record-keeping purposes or to respond
to your requests. Elmec Heaters & Controllers
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 Heaters &
Controllers. 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.
Elmec Heaters & Controllers may use "cookies"
to store pieces of information that are transferred
to your computer's hard drive for record-keeping
purposes. The use of cookies is to make your
usage of our Website easier and faster. These
cookies are used to identify visitors when
they return to our Website so you need only
log in once. Elmec Heaters & Controllers
does not use cookies to retrieve information
from your computer that was not originally
sent in the cookie, and we do not use information
transferred through cookies for any promotional
or marketing purposes. Cookies are used to
track usage patterns in order to improve the
usefulness and effectiveness of our Website.
This information is not shared or sold to
any third parties whatsoever.
Elmec Heaters & Controllers has technological
and operational security policies and procedures
in place to protect your personally identifiable
information from loss, misuse, alteration
or unintentional destruction. Our personnel
who have access to the data have been trained
to maintain the confidentiality of such information.
As part of our commitment to privacy, Elmec
Heaters & Controllers believes that the
responsible use of personal information collected
on its Website is critical to its business
objectives and reputation. By using this site,
you acknowledge your agreement with the Elmec
Heaters & Controllers Privacy Policy.
We reserve the right, at our discretion, to
change, modify and/or remove portions of this
policy at any time. Your continued use of
this Website following changes to these terms
means you accept those changes
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