GENERAL TERMS AND CONDITIONS OF BUSINESS (MAHA India Automotive Testing Equipment Private Limited)
ORDER FORM / PURCHASE ORDER CONTRACT:
MAHA India Automotive Testing Equipment Private Limited agrees to sell and the Purchasing party agrees to purchase the Products more particularly described in ORDER FORM / PURCHASE ORDER CONTRACT on the terms and conditions mentioned in the ORDER FORM / PURCHASE ORDER CONTRACT
ORDER CONFIRMATION:
Signed copy of ORDER FORM / PURCHASE ORDER CONTRACT is considered as an official agreement of purchase from purchasing party and MAHA India Automotive Testing Equipment Private Limited will raise an invoice detailing the cost of the order upon the same. In case of any dispute this order form will be tendered as a legal document in court of law.
PAYMENT TERMS:
The Purchasing party shall remit payment as agreed in ORDER FORM / PURCHASE ORDER CONTRACT payment terms. Any delay in payment shall attract interest at the rate of 18 % per annum from the date of default till the date of the payment.
In case of EMI scheme, post-dated cheques have to be submitted with MAHA India Automotive Testing Equipment Private Limited together with signed ORDER FORM / PURCHASE ORDER CONTRACT
- Post Dated Cheques will be deposited by principal party on respective dates and no prior intimation / approval required to be taken from purchasing party.
- If purchasing party wants the payment cheque to be deposited on a differed date, then a formal written request has to be sent seven working days prior to the cheque deposit date to principal party for approval.
- Purchasing party alone shall be liable in the event of any dishonouring of any of the aforementioned cheques and accepts to settle complete / all Post Dated Cheque (PDC) payments to principal party via (NEFT / RTGS) within 48 hours from date of cheque failure.
Order Change or Cancellation:
If the Purchasing party cancel or changes an order accepted by Maha India Automotive Testing Equipment Private Limited or desires to change a confirmed delivery date, and we accept this cancellation or change, we can demand a lump sum expenditure reimbursement of 10 % of the value of the order.
DELIVERY:
Upon the receipt of agreed advance amount, MAHA India Automotive Testing Equipment Private Limited will organize to dispatch the agreed products from its warehouse on a date mutually decided by the Parties and in any case within 6 weeks of the receipt of the payment.
RISK OF LOSS:
Upon receipt of the products at purchasing party’s site/place title and risk of loss of the Products shall pass to the Purchasing party
QUALITY TERMS AND INSPECTION ON DELIVERY:
The quality and fitness of the Products will be assessed at the time of pick up/upon receipt of the Products by means of a random sample check. Any physical damages to the consignment will be reported to MAHA India Automotive Testing Equipment Private Limited by the Purchasing party immediately along with the proof of delivery, failing which the consignment will be deemed to have been accepted by the Purchasing party. MAHA India Automotive Testing Equipment Private Limited will not be liable for any damage to the Products after the same are accepted by the Purchasing party.
OBLIGATIONS:
The Purchasing party shall follow the manuals of the Products and the instructions of the MAHA India Automotive Testing Equipment Private Limited with regard to the assembly and servicing of the Products and shall use only accepted and agreed materials in this regard. Both the Parties shall make best efforts in performance of its responsibilities under the order form and provide reasonable support to each other. Both the Parties shall comply with all the applicable laws, rules, and regulations of the Territory of India.
WARRANTIES:
MAHA India Automotive Testing Equipment Private Limited warrants that the Products delivered are free from defects of any nature whatsoever and that the Products can be used for the intended purposes.
LIMITATION OF LIABILTY:
MAHA India Automotive Testing Equipment Private Limited will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this order. In no event will MAHA India Automotive Testing Equipment Private Limited’s liability exceed the price paid by the Purchasing party to MAHA India Automotive Testing Equipment Private Limited for the Products giving rise to the claim or cause of action.
NO EXCLUSIVITY:
The Parties agree that the contractual relationship is non-exclusive and both the Parties shall be free in the choice of their purchasing partys or contractual partners
CONFIDENTIALITY:
Both Parties agree that, save and except with the prior written consent of the other Party on and from the date of this order form, the contents of this order form and all information, which a Party may obtain from the other Party pursuant to this specific order (hereinafter referred to as "Confidential Information") shall be kept confidential by the Parties and shall not be disclosed by either of them to any third party. Upon the cancellation or termination of this order, each Party shall, upon the written request of the other Party, return or destroy (at the option of the Party receiving the request) all Confidential Information, documents, manuals and other materials specified by the other Party. The above clause shall survive for the period of three years after the termination of this order.
INTELLECUTAL PROPERTY RIGHTS:
The Purchasing party agrees and understands that MAHA India Automotive Testing Equipment Private Limited is the sole owner of all the Intellectual Property Rights in the Products and that the Purchasing party shall have no claim in this regard over MAHA India Automotive Testing Equipment Private Limited for any reason whatsoever. The Purchasing party further agrees to promptly notify MAHA India Automotive Testing Equipment Private Limited if there is an alleged infringement of the Intellectual Property Rights of MAHA India Automotive Testing Equipment Private Limited.
NON-SOLICITATION OF PERSONNEL:
The Purchasing party shall not poach, hire, solicit or offer appointment, employment or enter into any agreement with any personnel, employee, franchisee, distributor and channel network of MAHA India Automotive Testing Equipment Private Limited or its Master franchisee/distributor during the subsistence of the order and for Three (3) year after the expiration or termination of the order except with the prior written consent of MAHA India Automotive Testing Equipment Private Limited
INSURANCE:
MAHA India Automotive Testing Equipment Private Limited shall take out necessary transit insurance for the Products and such other insurances as may be required only in cases of MAHA India Automotive Testing Equipment Private Limited agreed transits
FORCE MAJEURE:
MAHA India Automotive Testing Equipment Private Limited shall not be responsible for any claims or damages resulting from any delays in performance or for non-performance due to unforeseen circumstances or causes beyond the reasonable control of MAHA India Automotive Testing Equipment Private Limited including but not limited to strike, pandemic, lock-out, fire, break-down, war and other Force Majeure events.
Tax:
Purchasing party agrees to ensure all compliance under GST law. In case of non-compliance impacting any financial loss to MAHA India Automotive Testing Equipment Private Limited, MAHA India Automotive Testing Equipment Private Limited can take action of recovery for such loss and purchasing party accepts the same
NOTICES:
All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by registered post A.D. and /or e-mail, on the addressed set forth below;
If to MAHA India Automotive Testing Equipment Private Limited
Attention: Mr. Rengarajan Ulaganathan
Email: raj.rengarajan@maha.de
Phone: +91-9650744666
GOVERNING LAW AND DISPUTE RESOLUTION:
Any dispute or difference which may arise at any time between the Parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties hereunder, shall be referred to Arbitration under and in accordance with and subject to provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment/s thereof. Venue of such Arbitration shall be in Delhi.
JURISDICTION:
It is mutually agreed between the parties hereto that any dispute or claim arising under this order shall be subject to the jurisdiction of the Courts at Delhi.
VARIATIONS:
No variation or amendment to ORDER FORM / PURCHASE ORDER CONTRACT shall bind either party unless made in writing by the duly authorized officers of both the parties.
Last updated: 08 March 2022