Terms and conditions of sales and warranty.
General terms and conditions of sale:
By ordering or purchasing Products, as defined below, from the firm “AVIONICSS INTEGRATEDTECHNOLOGY SYSTEMS” (AITS), recorded in the Commercial Register, having its registered office at 181/9, SBP Homes, Ext-3, tower-4, Sector – 126, Mohali, Punjab,(hereinafter “AITS”), Purchasers shall be deemed to acknowledge their unconditional, full and entire acceptance of the following general terms and conditions of sale (hereinafter “AITS” under the brand name “flickcet””).
AITS warrants its products against defects in material and workmanship. Under normal use and service, every hardware portion of the products will be free from physical defects in material and workmanship during the warranty period, or the product will be repaired as determined solely by AITS. AITS provides a limited warranty for its products only to the person or entity that originally purchased the product from AITS or its authorized distributor or retailer.
The following standard warranty rules apply to AITS products:
- The Products are covered by warranty for a period of One Year for Buck Boost Transformers & Variable Transformers, two years for Control Cards upon condition that they were stored, installed in applicable standards and the specifications set forth byAITS’s. The warranty period shall begin to run as from the date of delivery.
- No warranty shall be granted for incidents arising from unforeseeable circumstances or events of force majeure, or for replacements or repairs resulting from normal wear and tear to the material, deteriorations or accidents resulting from malicious or negligent acts, faulty installation, surveillance or maintenance, or use that is abnormal or does not comply with AITS’s
- Prior to any acceptance by AITS, the Purchaser must provide a technical definition of the Warranted risks and the specific conditions under which the Products to be Warranted shall be implemented, function, be serviced and maintained in good condition.
- Obligations of the Purchaser: In order to avail itself of these provisions, the Purchaser must
inform AITS, without delay and in writing, of the defects that it ascribes to the Product and provide any documents that prove the reality thereof; enable AITS to confirm these defects and remedy them; in addition, refrain, except with the prior written consent of AITS, from carrying out the repair itself or having it repaired by a third party.
- Assertion of claims under the warranty: In all cases where claims under it are asserted, the warranty shall be limited to the provision of a replacement product and shall exclude all other costs, charges or indemnities. Products or parts replaced free of charge shall be taken back by AITS and shall return to the latter’s exclusive ownership.
The following standard liabilityrules apply to AITS products:
Liability for direct material damage:
- AITS shall be required to repair any direct material damage caused to the Purchaser that results from faults attributable to AITS in the performance of the sale of the Products.
- As such, AITS shall not be required to repair either any harmful consequences of faults of the Purchaser or third parties regarding the performance of the sale of the Products, or any damage resulting from AITS’s use of technical documents, data or any other means provided or whose use is imposed by the Purchaser, containing errors not detected by AITS.
- AITS’s liability shall be strictly limited to the provision of Products that comply with the types and quantities specified by the Purchaser in its order and by AITS in its offers and estimates.
- The Purchaser shall be solely responsible for choosing, using and installing the Products in a manner that ensures compliance with the applicable standards.
Liability for indirect and consequential damage and/or financial losses:
- Under no circumstances shall AITS be required to provide compensation for financial losses and/or indirect or consequential damage, such as in particular operating losses, lost profits or commercial prejudice.
- AITS’s liability shall be strictly limited to the obligations expressly provided for in the account opening, except where a subsequent amendment was made in the estimate, invoice or another contractual document entered into between AITS and the Purchaser. All penalties and indemnities provided for therein shall constitute lump-sum damages in full discharge that exclude any other penalty or compensation.
Delivery times are provided as an indication only and are not binding upon AITS.
- Delays in delivery shall not create any liability for AITS and shall not authorize the Purchaser to cancel the order, refuse receipt of the Products or claim damages, interest payments or penalties of any nature whatsoever.
- In any event, AITS will not be able to comply with its announced delivery times in the following cases:
- If the Purchaser has not complied with the terms of payment, or;
- In case of force majeure. Force majeure shall be deemed to exist in case of any event outside AITS’s control that impedes its normal functioning at the stage of the manufacture or dispatch of the Products;
- In case of an event such as a lock-out, partial or total strikes hindering the smooth functioning of AITS or one of its suppliers, sub-contractors or shipping agents, disruption of transport, of energy supplies, raw materials or spare parts, epidemic, war, requisition, fire, bad weather, natural disasters, equipment accidents, delays in transportation or any other cases generating a total or partial work stoppage; or
- where the information to be provided by the Purchaser does not reach AITS in due time, particularly in case of changes or new specifications regarding the Products.
TRANSPORT – DELIVERY
- Unless expressly otherwise agreed between AITS and the Purchaser, the Products shall travel at the risk and peril of the Purchaser, who shall be responsible for checking deliveries upon receipt, for stating any reservations it may have and for asserting complaints,Deliveries, carriage paid and packaging included, shall always be subject to unloading by the Purchaser of the Products; the driver may not operate alone. Any additional transportation costs caused by the Purchaser (in case of a mistake in the delivery address or if the recipient is absent) shall be automatically be passed on to it.
- Claims: Notwithstanding the legal obligations, in order to be taken into account, any claim concerning the nature, type, characteristics, delivery slip or visible quality of the Products must be notified to AITS by registered letter with return of receipt no later than eight (8) calendar days after receipt of the delivery.
- Packaging: Non-returnable packaging shall always be owed by the Purchaser and shall not be taken back by AITS. If no special information on this subject is provided, packaging shall be prepared by AITS, which shall act in the best interests of the Purchaser.
- Returns: Any return of a delivered Product shall be subject to the prior written consent of AITS. Once AITS has agreed to the return, the Product must be returned within eight (8) calendar days, in the condition in which it was delivered regarding both the Product and its packaging. In case of a return, the Purchaser shall be invoiced for a rewarehousing fee fixed at twenty per cent (20 %) of the value of the returned Product. In case of deterioration of the returned Product, the Purchaser shall also be invoiced for refurbishing costs. Any request for the return of customized manufactured Products or at the Purchaser’s request (e.g.steel ranges) shall be refused.
Warranty does not apply, if
- the warranty period is expired.
- the warranty label is broken or removed due to any reason whatsoever
- the serial number label is missing or unrecognizable.
- the product has been modified or repaired by any unauthorized service center or personnel.
- the defect was subject to abuse, improper use not conforming to product manual instructions or environment conditions more severe than those specified in the manual and specification.
- the defect was subject to Force Majeure, such as acts of God, flood, lightning, earthquake, war, vandalism &theft.
TERMS OF PAYMENT AND TIME LIMITS FOR PAYMENT
- On basis of our Industry general practices,we charge 60% at time of placing of order for any our products subjects to its availability in stock & 40% before dispatch of ordered products from our end.
- Any indirect tax i.e. Goods and Service Tax or cess or octroi is exclusive of quoted price until & unless specifically quoted inclusive.