Terms and Conditions
“Catalogue”: means the catalogue (in whatever form, whether paper or electronic) of Supplies of the Firm current at the date on which the Customer's order is accepted by the Firm.
“Firm”: diycomponents.in or its permitted assigns.
“Conditions”: means these terms and conditions.
“Contract”: means any contract between the Firm and the Customer for the sale and purchase of Supplies.
“Customer”: means the person(s) or organisation(s) whose order for the Supplies is accepted by the Firm.
“Goods”: means any goods supplied or to be supplied by the Firm to the Customer.
“Services”: means any services supplied or to be supplied by the Firm to the Customer.
“Supplies”: means any Goods or Services.
“in writing”: includes electronic communications.
All orders are accepted by the Firm subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Firm and the Customer or set out in the Customer’s standard terms and conditions. If there is any conflict between
* the other provisions of the Catalogue and these Conditions; or
* the provisions of the order and these Conditions
these Conditions will prevail unless the Firm agrees otherwise in writing. Together with any terms accepted by the Firm in connection with an order, these Conditions constitute the entire agreement between the Firm and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by the Firm.
Prices for Supplies as displayed in website is in Indian Rupees (INR), inclusive of all taxes suchas VAT,CST. Octroi,Entry fee which if applicable will be borne by the customer at the time of delivery.
The Firm has used all reasonable endeavours to ensure that prices for Supplies are accurately set out in the Catalogue or otherwise quoted to the Customer but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. Where Supplies are to be made in instalments (‘Scheduled Delivery’) the price payable for them will be that applicable at the time of despatch of the first batch of Supplies but, where Scheduled Delivery may continue for a period of 90 days or more, the Firm reserves the right to charge the Customer further amounts if the price of the Supplies increases before the end of that period.
Save where credit terms have been agreed in writing in advance, payment is due when the order is placed with the Firm without any deductions, withholding or set off. Time for payment is of the essence. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, the Firm shall be entitled to:
1.cancel the order or suspend any further deliveries or
2. appropriate any payment made by the Customer to such of the Supplies (or the Supplies made under any other contract) as the Firm may think fit; and
3. charge interest (both before and after any judgement) on the amount unpaid at the rate of 18% per annum until payment is made in full.
If legal action is taken to recover money due to the Firm then the Firm reserves the right to charge the Customer an administration fee to cover all and any costs incurred.
The Firm reserves the right to accept or reject any request or offer to trade with any organisation or person, without providing any reason.
Once accepted, no order may be cancelled without the prior written agreement of the Firm. Without limiting the generality of this, orders for Goods which are not in catalogue, non stock items and items specified to be non-cancellable or non-returnable at the time of quotation may not be cancelled.
Orders for Goods are usually accepted by the Firm by the despatch of the Goods from the warehouse of its associated organisations. However, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.
The Firm reserves the right to charge a handling charge of INR 75 on all orders under INR 3000 and also reserves the right change the handling charges from time to time .
Orders for certain Goods, in particular Goods which are not in catalogue or are non-stock items, may be subject to a minimum order quantity or value which the Firm will use its reasonable endeavours to notify to the Customer prior to accepting its order.
The Firm reserves the right to deliver or perform by instalments.
Failure to meet a delivery or performance date where deliveries or performance are by instalment shall not prevent or restrict the Firm from making further deliveries or rendering subsequent performance under the relevant Contract by instalment.
Delivery will be made to the address specified by the Customer. The Firm reserves the right to arrange delivery of Goods directly from the manufacturer or supplier of those Goods to the Customer.
The Firm may use any method of delivery available to it. All delivery dates and times given are estimates. The Firm will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in Condition "Defects and non delivery" below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence. The Firm reserves the right to delay despatch for a number of reasons, including to perform any necessary credit checks or procedures or to ensure that payment has been received in cleared funds in full. Where despatch is delayed for such reasons the Firm will use reasonable endeavours to inform the Customer.
Defects and Non Delivery
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in 13 below, the Firm shall not be liable for any defect in the Supplies unless written notice is given to the Firm within 15 days of the date of delivery to the Customer. The Firm does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before the Goods are used.
The quantity of any consignment of Goods, as recorded by the Firm upon despatch from the Firm’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Firm will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Firm within 15 days of the date of delivery to the Customer in the ordinary course of events. The liability of the Firm for non-delivery or non-performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.
Risk and Ownership
Save where the Customer arranges delivery of the Goods from the Firm, the risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Firm’s carriers at the Customer’s premises.
Where the Customer arranges for picking the material from firms warehouse delivery risk in the Goods will pass to the Customer or its designated carrier being available for collection from the warehouse. Ownership of the Goods shall not pass to the Customer until the Firm has received in full (in cash or cleared funds) all sums due from the Customer to the Firm on any account whatsoever.
Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as the Firm’s bailee. If payment is not received in full by the due date, or the Customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Firm shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
The Catalogue remains at all times the sole and exclusive property of the Firm.
Product Specifications and Performance
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by the Firm in writing, the Firm accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Firm’s negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer’s, unless specifically stated in writing by a director of the Firm. Any advice or recommendation given by an employee of the Firm which is not confirmed in writing by a director of the Firm is acted on entirely at the Customer’s risk and the Firm shall not be liable for any such advice or recommendation which is not so confirmed. The liability of the Firm to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at the Firm’s option, the supply of replacement Supplies which are sufficient and suitable.
The Firm will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods.
In addition, the Firm will, free of charge, repair or, at the Firm’s option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of the Firm to be damaged or defective due to faulty materials, workmanship or design.
Software programs are supplied on the strict understanding that the Firm does not warrant their function to be free from defects or error.
This obligation will not apply:
* if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Firm;
* because the Customer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods;
* if the Customer has failed to notify the Firm of any defect in accordance with Condition "Defects and Non Delivery" where the defect should have been reasonably apparent on reasonable inspection; or
* if the Customer fails to notify the Firm of the defect within 12 months (or such other period as the Firm shall specify at the time of acceptance of the order for the Supplies) of the date of despatch of the Goods or performance of the Services.
Any replacement Supplies made or Goods repaired under this Condition will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to the Firm.
The Firm’s sole obligation and liability, should any Supplies prove damaged or defective in accordance with this Condition 13, shall be limited to, at the Firm’s option, the repair or replacement of the relevant Goods or the re-performance of the relevant Services or the refund of the price paid for the relevant Supplies.
This Condition is the Firm’s sole obligation and the Customer’s sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.