Terms & Conditions
Unless otherwise explicitly agreed in writing, the conditions as set out below apply to all/each transaction for the sale of goods and materials, design services by Spill Guard Automation to a purchaser of Goods and/or Services.
These conditions shall apply to all orders placed with Spill Guard Automation by the purchaser. Acceptance by Spill Guard Automation s of any order is conditional upon acceptance by the Purchaser of these Conditions which shall override all other terms and conditions inconsistent herewith, whether express, implied or otherwise including terms, conditions or stipulations contained in the Purchaser’s purchase order or other form of writing or other form of writing or otherwise stipulated by the Purchaser and with are at variance with or additional to these Conditions. The same shall not be binding upon Spill Guard Automation unless specifically accepted and signed by Spill Guard Automation .
Acceptance of a Purchase Order by Spill Guard Automation cannot be construed or implied to create an obligation on Spill Guard Automation’s part to accept, subsequent purchase orders for any of the goods and/or services.
The price of the Goods or Services is the price contained in Spill Guard Automation non-binding quotation or is the current list price as displayed on the web site. The Tax is not included in the Price. However, this price is exclusive of delivery, packaging, carriage, insurance, customs duties which may be charged.
Spill Guard Automation reserves the right to adjust the price at any time.
unless a credit account has been set up prior to sale, payment is due prior to shipment of the Goods or performance of services. In the case of an approved credit account, payment is required not later than 30 days after the date of the invoice.
Delivery charges are applicable to all orders unless picked up directly from one of our premises. Delivery occurs when the Goods are handed over to the Purchaser, carrier company or delivery representative. Delivery dates quoted are approximate only and Spill Guard Automation will not be liable for any delay in the delivery of the Goods.
If the Purchaser fails to take delivery of the Goods or fails to give adequate delivery instructions & it returns to Spill Guard Automation then Spill Guard Automation reserves rights to decide whether to resend parcel or not.
Any claim by the Purchaser for non or incorrect delivery must be advised to Spill Guard Automation within 7 days of receipt of the goods.
Risk and Property
Risk of damage to or loss of the Goods passes on delivery or if the Purchaser fails to take delivery without good cause, at the time when delivery is tendered.
Title to and property in the Goods does not pass to the Purchaser until Spill Guard Automation has received full payment of the Price and all other sums due to Spill Guard Automation from the Purchaser.
Limitation of Liability
The Purchaser shall accept sole responsibility for and Spill Guard Automation shall not be liable for any use of the Goods by the Purchaser, it’s agents and employees and the Purchaser shall hold Spill Guard Automation harmless and fully indemnified against any claims, costs, damages, loss, and liabilities arising out of such use.
Spill Guard Automation is not liable to the Purchaser because of any representation, or any warranty (express or implied), condition or other term, or any duty in common law, or under the express terms of the Contract, for : (a) any loss of profit, business contracts, opportunity, goodwill, revenue, anticipated savings, expenses, costs or similar loss; and/or (b) any indirect, special or consequential loss or damage; and in the case of either paragraph (a) or (b) above whether caused by negligence, breach of contract, tort, or breach or statutory duty of Spill Guard Automation , arising out of or in connect with the Contract.
Any other liability of Spill Guard Automation to the Purchaser in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in connection with the Contract is limited to the Price.
The Purchaser will at all times (and without limit of time) keep confidential information acquired in consequence of the Contract. Including business correspondence, technical literature, except for information which is bound to disclose by law or to its professional advisers were reasonably necessary for the performance of their professional services.
These Conditions and the documents referred to in them, set out the entire agreement between the Parties and supersede any prior written or oral agreement between them relating to the subject matter of the Contract and the Purchaser acknowledges that in entering into the Contract, it has not relied on any representation not expressly set out in the Contract.
If any provision of these Conditions is held to be illegal, void or unenforceable the legality, validity, and enforceability of the remainder of the Contract is not to be affected.
Nothing in this contract excludes liability for fraud.
No person (either legal or natural) who is not a Party has a right to enforce any term or condition of the Contract.
All suspected fraud causes are handed directly to the relevant authorities without exception.
Spill Guard Automation reserve all rights to change pricing even upon successful checkout after communicating with the customer.
In case of dispute, The Company reserves the right of final decision on the interpretation of these terms and conditions. In case of any dispute, Pune will be considered as the place where the place where the cause of action shall deemed to have arisen.
Subject to Pune Jurisdiction only.