Customers are advised in their own best interests to read these Terms and Conditions of Business. Acceptance of Customers will be taken as evidence of agreement to these conditions.
These Conditions apply to and govern all sales of Products by KAMPA MEGAMART PRIVATE LIMITED a company incorporated under Companies Act, 2013,
These conditions shall be binding on the Company and the Customer in respect of all the Company’s sales of the Title(s) and supersede any prior terms, conditions or agreements relating to them or verbal representations, warranties or undertakings given to the Customer by the Company or on its behalf.
"Customer" means the person or legal entity identified in Kampa's Quotation or Invoice.
"Contract" means a contract for sale by Kampa Megamart to the Customer of the products and/or services incorporating the Terms and Conditions
" Kampa - Branded" means products that are marked with the "Kampa" brand, including all standard components thereof.
"Order Confirmation" means formal acknowledgement of Product ordered by Customer, sent by Kampa Megamart.
"Price" means the price as per Price Quotation and Order Confirmation and the latter shall have precedence.
"Product(s)" means the products as described in Order Confirmation and may include Kampa-branded products, third party products and Service Offerings
"Service Offering (s)" means the different service options offered by Kampa Megamart for the Products or any part of them and for varying periods.
"Third Party Products" means products other than Kampa-branded or any products which are manufactured by other manufacturer.
2.1 Kampa Megamart will sell and the Customer will purchase the Products in accordance with any written quotation of Kampa Megamart which is accepted by the Customer, or any written order of the Customer which is accepted by Kampa Megamart.
2.2 No amendment of, variation of or addition to the Conditions governing the Contract will be binding unless accepted by the authorised representatives of both Kampa Megamart and the Customer in writing.
2.3 Any typographical, clerical or other error or omission in any sales literature, price list, quotation, acceptance of offer, invoice or other document or information issued by Kampa Megamart shall be subject to correction without any liability on the part of Kampa Megamart.
All orders placed by Customer are subject to acceptance by Kampa Megamart. Orders may not be cancelled or rescheduled without Kampa Megamart’s written consent. All orders must identify the products, unit quantities and requested delivery dates of the Products being purchased. Kampa Megamart may in its sole discretion allocate Product among its Customers. Kampa Megamart may designate certain Products and Services as non-cancellable, non- returnable.
4.1 The price of Products will be the price in force at the time of dispatch and Kampa Megamart’s price list does not constitute an offer to sell at the prices set out in it.
4.2 All prices are exclusive of VAT unless otherwise stated and the Customer will pay any and all tax duties and other government charges payable in respect of the Products in accordance with legislation in force at the tax point and all other taxes and duties payable in connection with the supply of the Products to the Customer and its export and import into any territory.
4.3 The price of the Products includes packaging, and such packaging is non-returnable. Unless otherwise expressly stated the price and any quotation do not include carriage and insurance during transport.
Payment may be made by cash, cheque, money order, credit card, or wire transfer (all fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction.
On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
All the product shall be delivered as and when required by Customers. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
How to Return an Item: Item(s) must be in original condition to be returned, unless there is a manufacturer defect. Customer must notify within 30 days of ship date, then return the item within 14 days of receiving a RMA from CDI. In order to make sure the item is returnable, please follow the steps below:
Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election)
Buyer shall not be entitled to, and seller shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, loss of data, removal or reinstallation costs, injury to reputation or loss of buyers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature. Buyer’s recovery from seller for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.
Buyer will indemnify, defend and hold seller harmless from any claims based on:-
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