TERM AND CONDITION

Sale: Terms and Conditions All orders are accepted on the condition that a) The following Conditions of Sale are accepted by the Customer to the exclusion of the Customer's conditions and any other conditions of sale or purchase and b) In the event of re-sale the Customer undertakes the responsibility of ensuring that the ultimate purchaser is also fully acquainted with and accepts the said conditions. Definitions: a)“The Company” means M/s RESTO MART INDIA Pvt. Ltd. b) “RESTOMART” is registered Trade Marks of the company. c) “The Costumer” means the person, firm, company or any organization whose order is accepted by the company. d) “The Goods” means any goods which are sold by the company under the order placed by the customer. Quotation Validity: a) The formal quotation/ PI are valid for 30 days from the date of Issue or as mentioned therein. b) The time however can be extended or reduced with written permission from the company. Prices: a) The Company reserves the right to increase or reduce prices (whether specifically quoted or not) to take account of any change in the cost of products, taxes, transport or charge in the international value or even otherwise. b) Prices are exclusive of VAT/C.S.T. or other taxes/duty, tariff or charge arising in India or elsewhere. c) Prices quoted are ex-warehouse; insurance, handling, carriage and packing will be charged extra. d) If at request of the Customer or as a result of any action or inaction by the Customer work on contract of delivery of the Goods is suspended, the Company shall have both the right to increase the price and to alter the time of delivery. Delivery: a) Any dates or time given for delivery are approximate. Time shall not be of the essence. b) Whilst every effort will be made to adhere to the agreed dates or times, the dates and times are not guaranteed and the Company accepts no liability for delay in delivery however such is delayed. c) The Company may, at its discretion, deliver the Goods in installments. d) Where goods are offered for delivery to a site, the Company’s obligation is to deliver as near to the site as safe hard roads permit. The Customer must provide, at its own expense, the labor required for unloading and stacking. e) Where goods are held by the Company awaiting the call off by the Customer, the Company may make a storage charge @ 2% per week and an additional charge for insurance if required by the customer. f) If the Customer fails to take delivery of the Goods, then without prejudice to any other right or remedy available to the Company, the Company may: sell the Goods at the best price obtainable and, after deducting all reasonable storage charges and the cost and the expenses of the sale, account to the Customer for any excess over the contract price or charge the Customer for any shortfall. g) Before delivery the Customer shall examine the goods for defects and completeness at our warehouse. No claim for damage in transit or short delivery will be entertained unless the transport arrangements are being made by us and a notice is given to the carriers or the Company within three working days of the delivery of Goods. The notice must give details of the alleged damage or shortage and the Company must be given an opportunity to inspect the goods. h) A signature “unexamined” shall be deemed to be an unconditional acceptance of the goods. Payment: a) Payment shall be net and without set off, so as to be realized before the delivery of the Goods. The Company shall be entitled to charge simple interest on overdue accounts at the rate of 3.0% per month. b) In case the Company agrees to provide credit, the same will not be extended on VAT/CST or other taxes/duty, tariff or charge arising in India or elsewhere, insurance, handling, carriage and packing. c) When any payment is overdue, the company may suspend further performance of the contract, or of any other contract which may exist between the Company and the Customer, until payment is made in full together with interest. d) In the event of any legal proceedings being taken by the Company against the Customer to recover payments due under this contract, the Customer shall be responsible for all costs and disbursements on a full indemnity basis. Installation: a) This clause applies where the Company agrees to install the goods on behalf of the Customer and in accordance to the Customer's Instructions. b) The Company shall in any event only accept instructions to install the goods where the Customer specifies the means of such installation and the Company accept no liability whatsoever in respect of adequacy of suitability of such means. c) The Customer undertakes to obtain all necessary consents, licenses, permissions and insurances required in connection with the installation of the goods. d) The Customer shall ensure that the floor and/or bases and/or other means of support for the goods to be installed are in all respects in a suitable state of repair and conditions for the safe installation of the goods in accordance with good building practice and all necessary consents and permissions (including Building Regulations approval and Fire Regulations) and any other requirements of any statutory undertaker with jurisdiction in respect of the goods and their installation. e) The Customer shall ensure that all services necessary for the installation of the goods are provided to within one meter of the sitting of all goods. Interpretation and Law: a) These conditions and the contract of which they form a part shall be governed by the law of Republic of India and the Customer irrevocably submits to the jurisdiction of Courts of New Delhi which alone shall have jurisdiction to try any matters which may arise between the Company and the Customer out of or incidental to this contract. Use of Logo/ Trade Name: a) The Company doesn’t allow using it name/ trade name / logo or descriptions without its prior written consent. Sub-Contractor: a) The right is reserved by the Company to sub-contract all or any part of any contract without prior notice to the Customer. Description of Goods: a) Every effort has been made to provide an accurate description of all goods shown on this website or any of the Company's literature such as catalogues and brochures. b) All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures or on the website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract. Return of Goods: a) The Company is strictly against the practice of return of goods. b) In case the Company agrees to do so, necessary amount will be deducted in lieu of depreciation, breakage, cartage, handling or any other on born cost. Force Majeur: a) The Company shall be excused non-delivery or delay in delivery directly or indirectly caused by or resulting from, or made fundamentally more onerous by, events or circumstances beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing the following matters shall be regarded as being beyond the Company’s reasonable control: (i) act of God, explosion, flood, tempest and fire; (ii) war or threat of war, sabotage, insurrection, terrorist activity and civil disturbance; (iii) acts of Parliament, restrictions, regulations, directives of the European Commission, by-laws, prohibitions or measures of any kind made by governmental or supranational or local authority; (iv) import or export regulations or embargoes; (v) strikes, lockouts or other industrial actions or trade disputes whether or not involving employees of the Company; (vi) difficulties in obtaining materials, fuel or machinery without incurring unreasonable expense. b) In the event of any deliveries being so suspended or delayed, the period of the contract shall be correspondingly extended. Warranty and Liability: a) Company gives the following warranties :(i) that the Goods will be manufactured to the usual standards and specifications employed by the Principal Company. That in the case of goods being manufactured to a specification set by the Customer the Goods will be manufactured to that nearest possible specification. In the event there shall be any defect in materials or workmanship which become apparent under normal use within twelve months or as specified of invoice, the Principal Company will repair or replace the defective article at its own expense. (ii) That the Goods do not breach any industrial property rights of any third party. In respect of any goods being manufactured to the Customer’s specification, the Customer warrants that the specification does not breach any rights of any third part and will indemnify the Company against all actions claims costs and demands of any nature which may be made on the Company arising out of or incidental to the use of the Customers specification. b) The Company shall not; (i) in any circumstances be liable, whether in contract or in tort, for any indirect or consequential loss or damage or for any claim against the Customer by any third party (ii) be liable for any design defects, unless new design work is necessary specifically to fulfill the contract (iii) be liable for technical advice or assistance which it was not contractually required to provide. Any such advice or assistance is given on the basis that it is not intended to create any legal obligation on the Company (iv) be liable for loss caused by delay (v) be liable for any loss which the Company is precluded from recovering from recovering from a carrier by reason of the failure by the Customer to give the notice necessary to make such recovery (vi) any alleged defect in the Goods which the Customer or any person acting on its behalf shall have rectified or attempted to rectify. c) The Company’s liability for damage or non delivery shall be limited to replacement of the Goods within a reasonable time (i) the Company does not exclude or limit liability for death or personal injury arising as a result of any negligent act on its behalf. d) In the case of goods supplied by the Company which have not been manufactured by it, the Company will (so far as possible) assign to the Customer the benefit of any warranty made by the manufacturer of the Goods or the person who supplied them to the Customer for any costs or liabilities incurred or undertaken by the Company, will (so far is possible) use its best endeavors to enforce those warranties for the benefit of the Customer. e) If the goods are to be repaired at the place of installation/ customer’s place, the customer shall pay the travel, food & lodging expenses of the technician sent by the company. f) If the good is required to be repair far beyond ability at the Customer’s place, it will have to be treated at the Principal’s factory. The cost of freight, handling and insurance in such case shall be borne by the Customer.