Terms & Conditions
- Prices are exclusive of any Government, Municipal, Statutory. Authority, Revenue Sales, or Local Tax charges, duties, penalties and imposition whether in force at the time of this order of subsequently imposed, Prices include Excise Duty (Wherever applicable) unless otherwise specified. Sales Tax charged extra, as applicable unless otherwise specified in P.O.
- Price specified on this order are based on SYSTEMATIX MEDIA current scale and charges and shall be firm till date of delivery, in the event there is charge, in the event there is charge in, levies/duties, depreciation in the Foreign Exchange rate, the price and charge payable under this contract shall be liable to be changed accordingly.
2% of order valued shall be charged towards handling, freight, forwarding and transit insurance to the customer. In case of any excessive expenditure SYSTEMATIX MEDIA shall charge over and above 2% on actual.
- The delivery time which has been indicated to according to current estimates based on prevailing circumstances and is subject to variation provided that the difference in time between the date indicated and the date of actual delivery shall not be more than 60days.
- SYSTEMATIX MEDIA will make every reasonable effort to meet any delivery date specified however, it will not be responsible for any losses which the customer may claim on account delivery of good.
- Before delivery customer at his own expenses will suitable prepare the site for the equipment and provide all necessary electrical and other necessary facilities as per SYSTEMATIX MEDIA requirement.
- Equipment will be entire responsibility and the risk of the customer on and from the date of delivery of such equipment by SYSTEMATIX MEDIA.
- In case of any delay in delivery(beyond 60days) on the other part of SYSTEMATIX MEDIA due to any organizational problems the total advance will be refund without any loss or damage resulting from his delay, to the customer. (In any event to interest will be payable on advance or any payment received from the customer).
- Unless otherwise agreed all payments due shall be made to SYSTEMATIX MEDIA on or before the date of delivery.
- In the event of cancellation on this contract by customer at any time prior to dispatch from SYSTEMATIX MEDIA the amount equivalent to 10% of the total price or any amount mutually contracted between the parties shall be payable to SYSTEMATIX MEDIA as liquidated damages to cover sales, administrarion and other expenses.
- Unless specified to the contrary all payments due by the customer shall be paid within 7 days from the time due date of payment. Interest will be charged by SYSTEMATIX MEDIA on all outstanding payments @ 18% per annum. If payments remain outstanding for more than 30 days SYSTEMATIX MEDIA reserved the right to without any technical services under this contract and will have the right to take physical possession of goods from the customer. This is without prejudice to SYSTEMATIX MEDIA’s any other rights or remedies.
RISK & PROPERTY
- The title to the equipment shall remain with SYSTEMATIX MEDIA unit full payment or any additional charges due under the contract have been paid by the customer. Till such payments are made the customer shall be trustee for SYSTEMATIX MEDIA. The customer shall not pledge, create any third party charge of otherwise dispose off the goods without SYSTEMATIX MEDIA’s written consent.
- The customer or delivery of the goods should satisfy himself of the standard quality and quantity of the equipment/goods. Any claims for short shipment, loss, damage must be made within two weeks from the date of receipt of packed equipment at site and within 24 hours opening of boxes. Any such claims made after the above period will not be entertained by SYSTEMATIX MEDIA.
- SYSTEMATIX MEDIA shall not be liable for any damages or claims resulting from i. Unauthorized modifications, abuse or misuse of the equipment ii. Operation of equipment outside environmental specifications iii. Improper site preparation and maintenance iv. Equipment being operated by persons who are not adequately trained or equipped to do so. v. Any accessories used for operation of equipment should be products approved by SYSTEMATIX MEDIA SYSTEMATIX MEDIA holds no responsibility which may arise due to the aforesaid defects/laps on the part of the customer. This is without prejudice to the SYSTEMATIX MEDIA liability exceed the total value of contract.
- All order are subjected to US Department of Commerce and exports Licensing and Regulation Laws.
- Unless agreed to writing. SYSTEMATIX MEDIA copyrighted materials (software and printed documentation) shall not be copied/printed by customer, and the ownership shall lie with SYSTEMATIX MEDIA. The customer agrees to indemnify SYSTEMATIX MEDIA against any loss or damages incurred resulting from misuse or in this is without prejudice to the SYSTEMATIX MEDIA against any loss or damages incurred resulting from misuse or infringement of patents, copyrights trademarks on other intellectual property rights of SYSTEMATIX MEDIA products. SYSTEMATIX MEDIA takes guarantee only against manufacturing defects of the software and not only other damages, defects or consequential losses to the customer. In case the customer requires specialized software, a separate agreement detailing the specifications shall be signed by both parties.
- If the customer commits any breach of the contract (including failure to pay on due date any installment of payment for supplies of any other payment) and fails to remedy such breach promptly on receiving written notice from SYSTEMATIX MEDIA or suffers distress or executes or commits any act of solvency or being a company is would up either voluntarily or by a order of the Court or if there is any arrangement of composition with creditors of if a receiver is appointed over any part of the customer business than SYSTEMATIX MEDIA may (not withstanding that on a former occasion it has waived its rights) by written notice terminate the contract. Upon termination the customer will fort with give up the equipment and SYSTEMATIX MEDIA may enter any premises and recover possession and recover the equipment. The exercise of right under this clause will not prejudice any other remedies of SYSTEMATIX MEDIA.
The warranty will be governed by terms set-out in SYSTEMATIX MEDIA standard warranty agreement.
All disputes and differences arising between the parties hereto any time with regards to this contract shall be referred to a sole arbitrator proceeding shall be held in Kolkata and shall be in accordance with the subject to the provisions of the Indian Arbitration proceeding shall be held in Kolkata and shall be in accordance with the subject to the provisions of the Indian Arbitration Act, 1940. The Courts at kolkata will have jurisdiction to the exclusion of all the other Courts.
SYSTEMATIX MEDIA shall not be liable for failure to perform any of its obligation under or arising out of this contract if such failure results from any force majeure, act of God, fire, storm earthquake, explosion, accident, stick, lockout, imminence or incident of or the existence of any state of emergency, war like condition which make it possible for SYSTEMATIX MEDIA to faults its obligation under this contract.
The document shall constitute the entire contract between the parties except and the extent of any contemporaneous of subsequent amendent(s) hereto made in writing and signed by customer’s authorized signatory and SYSTEMATIX MEDIA competent authority. This contract shall be governed in all respect by INDIAN LAW and deemed to have been concluded at Kolkata.