[vc_row][vc_column][ultimate_fancytext strings_textspeed=”35″ strings_backspeed=”0″ fancytext_strings=”Terms and Conditions”][/vc_column][/vc_row][vc_row][vc_column][vc_row_inner][vc_column_inner][vc_column_text]1. Definitions
In the express terms and conditions hereinafter began (“the Company’s Standard Conditions”) unless the context otherwise requires the subsequent expressions shall have the subsequent meanings:-
“the Company”
means NK Tecs
“the Customer”
means the party to whom the corporate may comply with supply equipment or services in accordance with the Company’s Standard Conditions
“Equipment”
means the any computer tool or computer software or mobile applications or system tools or articles materials or things or any of them or any part or parts of them to be supplied by the corporate to the Customer
“IPR”
means copyrights (including software), patents, utility models, trade marks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and every one other similar proprietary rights as may exist anywhere in the world
“Services”
means the services to be supplied by the corporate to the Customer
“the Supplier”
means the Manufacturer of the Equipment or (as the case may be) the person or persons by whom the Equipment was supplied to the corporate[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_section][vc_row][vc_column][vc_column_text]2. Quotations
A quotation or estimate doesn’t constitute a suggestion by the corporate and should be altered or withdrawn all of sudden . The right is reserved to extend prices to hide increases in materials, delivery charges or other outgoings as at the date of dispatch within the case of kit or completion in the case of Services. Prices quoted are for the quantities specified and smaller quantities may end in increased prices.[/vc_column_text][/vc_column][/vc_row][/vc_section][vc_row][vc_column][vc_column_text]3. Acceptance of Orders
Any order placed by a Customer shall constitute a suggestion to contract upon the Company’s Standard Conditions and no addition or variation there from or contradiction thereof whether contained in the Customer’s order or otherwise shall apply unless an equivalent shall be accepted and agreed in writing by a politician of the corporate authorized to check in its behalf. No order shall be binding on the corporate unless and until accepted or confirmed in writing (including telex or facsimile transmission) by the corporate .[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]4. Prices
a. Catalogs, tariffs and other advertising literature or material as employed by the corporate are intended to supply a sign only on price and range of kit and/or Services offered and no prices, descriptions or other particulars contained therein shall be binding on the corporate
b. Unless otherwise specifically agreed prices don’t include delivery charges to the Customer[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]5. Supplier’s Specification and Configuration
a. In respect of all Equipment manufactured and supplied to the corporate by third parties the corporate will pass to the Customer (so far as possible) the advantage of any warranty given to the corporate by such third parties and can (on request) supply to the Customer details of the terms and conditions of such warranty and copies of any relevant product information, technical data or product leaflets issued by such third parties and therefore the Customer shall be solely responsible to the whole exclusion of the corporate for complying with these. Save as aforesaid the corporate won’t be responsible for or in respect of any loss or damage caused by, or resulting from, any variation (for whatever reason) in the Supplier’s specifications or technical data and can not be liable for any loss or damage resulting from curtailment or cessation of supply following such variation.
b. The Company reserves the proper to extend it’s quoted price or to charge accordingly in respect of any orders accepted for Equipment of non-standard specifications or which require configuration to the Customer’s specific requirements and in no circumstances will the corporate accept cancellation of orders for or the return of kit of non-standard specification or which has been specifically configured to the Customer’s requirements.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]6. Professional Services and Support Agreements
Project work undertaken by the corporate could also be supplied in accordance with knowledgeable Services Agreement. Support contracts undertaken by the corporate are undertaken in accordance with Service Level Agreements. Where these agreements exist they’re going to take precedent over these Terms and Conditions.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]7. IPR (Intellectual Property Rights)
a. All materials, documentation, computer programs, inventions (whether or not patentable) pictures, audio, video, artistic works and every one other works of authorship including all world wide rights therein under patent, copyright, design right secret or other ownership created or developed by the corporate in providing the Services (the ” Work Product”), shall belong to the corporate . Save for any Client tip provided, the corporate shall not be obliged to return any artwork or other material supplied by The Client for the supply of Services. The Company grants an exclusive license to The Client in perpetuity for the utilization of a vast number of copies of the Work Product.
b. Any pre-existing proprietary item of the corporate or a 3rd party disclosed by the corporate to The Client in performing the Professional Services shall remain vested within the Company (or the third party because the case may be) and therefore the rights of The Client to use and reproduce an equivalent are either began herein or during a separate license which The Client hereby agrees to be bound by.
c. The Client shall retain title to and every one property rights in any pre-existing or proprietary items, which are submitted by The Client to the corporate for the performance of the Services.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]8. Software Products
a. The limit of the proper or interest in any such proprietary software which the Customer shall receive shall be such right or license to use or enjoy such proprietary software as could also be permitted or conferred by the corporate or by the owner of the property therein and shall be subject to the Supplier’s terms and conditions concerning such use a replica of which is out there from the corporate for the asking
b. the corporate shall haven’t any liability to the Customer within the event that any proprietary software supplied by the corporate infringes the rights in property of a 3rd party
c. The Company’s liability to the Customer in respect of any claim that software created by the corporate (not being proprietary software) and supplied to the Customer infringes the rights in property of a 3rd party shall be determined by the provisions of the license issued by the corporate to the Customer in respect of such software and shall be conditional upon the corporate having sole control of the defense and every one negotiations for settlement or compromise of any such claim.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]9. Carriage Delivery and Risk
a. the corporate reserves the proper to levy a charge for delivery to any destination advised by the Customer. Unless otherwise specifically negotiated the danger within the Equipment shall pass to the Customer when it’s dispatched from the corporate ‘s premises and no responsibility are going to be accepted by the Company for loss or damage of kit in transit save where carriage is effected by the Company’s vehicles and not by third party carrier. Any claim for loss or damage in transit must be notified in writing to the corporate within seven days of receipt and within the case of claims for damage the Customer must also suits the provisions of Condition 10 below
b. Unless otherwise quoted or listed, prices are calculated on the idea of 1 delivery. Specific requests for quite one delivery shall be subject to agreement by the corporate , and therefore the Company reserves the proper to levy additional charges therefor. Where the corporate agrees to form delivery by installments, every installment shall be deemed to be the topic matter of a separate contract. If the Customer requests and therefore the Company agrees to a deferred delivery the corporate reserves the proper to boost a stockholding charge if specific stocks are purchased by the corporate against the Customer’s order
c. Unless otherwise specifically negotiated any times quoted for dispatch are to be treated as estimates only and without prejudice, although every endeavor are going to be made by the corporate to stick to them. All dispatch dates are calculated from the date of acceptance of the Customer’s written order or from the date when all outstanding technical details are resolved, whichever is that the later.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]10. Title
a. All Equipment supplied to the Customer shall remain the only and absolute property of the corporate as legal and equitable owner until such time because the Company has received payment fully for such Equipment
b. Until such time because the Customer becomes the owner of the Equipment supplied by the corporate the Customer will store it on its premises during a manner which makes it readily identifiable because the Equipment of the corporate and especially won’t remove from such Equipment any labels or other identifying marks placed thereon by the corporate
c. If payment fully isn’t made in accordance with the relevant contract terms the corporate may require the Customer to return the Equipment forthwith and if the need isn’t immediately complied with the corporate shall be entitled at any time before payment and all of sudden to retake possession of the entire or any a part of the Equipment and for that purpose to enter the premises occupied by the Customer and sever the Equipment from anything to which it’s attached without being responsible for any damage caused thereby and without prejudice to the other remedy which will be available to the corporate
d. Nothing during this Condition shall confer any right upon the Customer to return the Equipment sold thereto by the corporate hereunder. the corporate may maintain an action for the worth notwithstanding that the property within the Equipment might not have passed to the Customer.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]11. Defects
a. Unless otherwise agreed in writing where the Equipment is rejected by the Customer as not being in accordance with the Customer’s order, the corporate will only accept the return of such Equipment provided that:-
i. it receives written notice thereof, giving detailed reasons for rejection, within 24 hours of receipt of the Equipment by the Customer, and if such notice isn’t received by the corporate within the said period of 24 hours the Equipment shall be deemed to possess been accepted by the Customer; and
ii. the Returns Procedure began in clause 11 of the Company’s Standard Conditions is followed
b. the corporate won’t consider any claim for compensation, indemnity, or refund until liability (if any) has been established or agreed with the Supplier and, where applicable, any relevant insurance firm and under no circumstances shall the invoiced costs of the Equipment be deducted or depart by the Customer until the corporate has issued a corresponding credit note; and within the case of defects or faulty workmanship within the Equipment or any part thereof, the Customer shall not be entitled to receive any compensation credit or refund in more than that received by the corporate under any guarantee or warranty given it by the Supplier.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]12.Payment
a. Invoices to account holders are payable net, not later than 2 days from date of invoice.
b. the corporate reserves the proper to repair minimum order values and/or to charge a monthly charge account administration fee.
c. If any sum payable to the corporate is behind for quite 30 days after the maturity , the corporate reserves the proper without prejudice to the other right or remedy to charge interest on such overdue sum on each day to day basis from the first maturity until paid fully at the speed of three above the HSBC Bank base lending rate.
d. The Customer shall notify the corporate in writing within 5 days of receipt of an invoice if the Customer considers such invoice incorrect or invalid for any reason and therefore the reasons for withholding payment, failing which the Customer shall raise no objection to any such invoice and shall fill payment in accordance with it.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]14. Cancellations by customer
a. If the Customer shall make default in, or commit any breach of any of its obligations to the corporate or if the Customer, being a private (or where the Customer may be a firm, any partner therein firm), shall at any time commit an act of bankruptcy, or the Customer, being an incorporated body, any resolution or petition to finish up its business shall be passed or presented, otherwise than for the needs of a scheme for reconstruction of amalgamation (previously approved by the Company), or if a liquidator or receiver or manager of such corporate body or its undertaking, property or assets (or any part thereof) shall be appointed or if the Customer shall be unable, or shall admit its inability, to satisfy its commitments promptly as and when due, the corporate shall have the proper , (without prejudice to any longer or other claims or rights which the corporate might have) forthwith to cancel any uncompleted order or to cancel or suspend delivery and, not withstanding the other provisions of the Company’s Standard Conditions, payments for any deliveries already made shall immediately become due
b. Requests by the Customer for cancellation of any order or for re-scheduling of deliveries will only be considered by the corporate if made in writing, and should be accepted in writing by the corporate on the idea that the Customer shall indemnify the corporate against all loss, costs (including the value of labor and materials used and overheads incurred), damages, charges and expenses arising out of the order and therefore the cancellation or re-scheduling thereof.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]15. act of God
The Company shall not be responsible for cancellation by it of any order or any unfulfilled part thereof or for effecting partial delivery or performance if performance by the corporate is prevented or delayed, whether directly or indirectly, by any cause whatsoever beyond the reasonable control of the corporate , whether or not such cause existed or was foreseeable at the date of acceptance of the Customer’s order.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]16. Limitation of Liability
a. Notwithstanding anything contained within the Company’s Standard Conditions, but subject as provided below, the corporate ‘s liability to the Customer in respect of the Customer’s order or contract with the Company, whether in contract or tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the entire consideration payable by the Customer to the corporate for the Equipment or Services in respect of which the liability arises as long as if, and to the extent that, such liability is roofed by Product insurance or Professional Indemnity Insurance taken out by the corporate and operative at the time the liability arises the Company’s liability shall be limited to the quantity of such cover (if greater than the entire consideration payable for the relevant Equipment or Services). Details of such insurance are going to be available for the asking . If the Customer requires additional insurance the corporate will take reasonable steps to get it on the Customer’s behalf and any premium payable and the other expenses incurred in obtaining such insurance shall be payable by the Customer to the corporate

b. The Customer acknowledges that the Company’s obligations and liabilities in respect of the Equipment and Services are exhaustively defined within the Company’s Standard Conditions, unless otherwise agreed by the corporate in writing. The Customer agrees that the express obligations and warranties made by the corporate within the Company’s Standard Conditions are in lieu of, and to the exclusion of, the other warranty, condition, term, undertaking or representation of any kind, express or implied, statutory (including without limitation those under Sale of products Act 1979, Supply of products and Services Act 1982 or Sale and provide of products Act 1994) or otherwise, concerning anything supplied or services provided under or in reference to the Company’s Standard Conditions, including (without limitation) any warranty on the care, skill, condition, quality, performance, merchantability or fitness for purpose of the Equipment or the Services or any a part of them. c. Nothing within the Company’s Standard Conditions shall operate or be construed to work so on exclude or restrict the liability of the corporate for death or personal injury caused by reason of the negligence of the corporate or its employees or agents.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]17. Severability
If and to the extent that any provision or any a part of a provision of the Company’s Standard Conditions is against the law , void or unenforceable for any reason, then such provision or part thereof (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provisions (as the case may be) which shall remain fully force and effect[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]18. Applicable Law
The Company’s Standard Conditions and any order or contract to which they apply shall be governed by and construed in accordance with Indian Law.[/vc_column_text][/vc_column][/vc_row]