All products and services delivered by us are subject to the following terms and conditions.
Any deviations need to be clearly approved by our Director in writing
“Company” (or we or us) implies Electrine Ingenum Solutions Private Limited either directly or via electrineingenum.com.
“Customer” (or you) means any person, persons or organization whose order is accepted by the Company.
“Goods” (or items) means any items which are meant to be supplied to the customer by the company.
“INR” implies Indian Rupees.
"Conditions" (or T&C or terms & conditions) means these terms and conditions.
"Contract" (or Order) means any contract/written agreement between the Company and the Customer for the sale and purchase of goods or services.
"Services" means any and all services supplied to or to be supplied to the Customer by the Company.
“Writing” means, hard copy duly countersigned or electronic communications unless specifically excluded.
On using any of the services of the Company, the customers automatically agree that they have read and understood all the terms and conditions as below and agree to the same. Any orders accepted by the Company are subject to these conditions. Any terms other terms and conditions discussed/ negotiated between the Company and the client are overridden by these terms & conditions. In case of any conflict, the Company’s decision shall be final & binding. In case of any conflict between these terms and any other provisions in the contract, online/offline catalogue or any other part of the website; the terms & conditions herein would prevail. Any variations in these will be allowed only if expressly authorized by the Director in writing. The contents of these terms & conditions may change from time to time without prior notice.
All prices are in INR and exclusive of central, state or local tax and the same shall be paid by the customer during dispatch. All prices are inclusive of packing. Prices are exclusive of transport & handling charges which will be charged extra at checkout. The Company tries to ensure that we supply the best prices to our customers, however the prices set out on the website are not binding and may change at any time without any prior notice. During ordering, the price of the item at that time will be billed to the customer.
Unless agreed otherwise, all payments are to be made online via credit/debit card, net baking etc. via our payment portal. Items will be dispatched only after confirmation of receipt of payment at our payment portal. The company shall endeavor to provide highly secure modes of transactions via our website and our payment partners. However, the company is not liable for any improper transaction, theft of resources, data or any other losses/ inconvenience arising from such transactions.
Acceptance of all orders are subject to the discretion of the company. On receipt of the order from the customer, the company shall reply in writing with an order acceptance upon which the order shall be executed. All time frames of dispatch etc. shall be applicable from date of order acceptance. Absence of communication shall not be deemed as order acceptance. Once accepted, no order may be cancelled/reduced without the written acceptance of the company. Order cancellation charges may be applicable.
Unless otherwise mentioned, the company shall endeavor to dispatch all goods within 2-4 working days of order acceptance. In case the goods are not in stock or otherwise not available for dispatch, the same shall be informed to the Customer within 4 working days. Delivery charge shall be as indicated during checkout process.
However, the Company shall not be liable to compensate the customer for non-delivery, non –performance or late delivery/performance in any condition. Delivery will be only to the address specified by the customer during ordering and the company can use any means of delivering the same.
Delivery (or performance) by instalments shall be sorely at the discretion of the Company. In case the customer requests part delivery, the same shall be at the discretion of the company and may incur additional time or cost compensation. Scheduled delivery shall only be accepted for a maximum period of 1 month from ordering.
7. INSPECTION, DEFECTS AND NON DELIVERY
The Customer must inspect the goods as soon as possible after the delivery. Any shortage of delivery, manufacturing defect or any complain must be intimated to the company within 5 days of delivery. In case of any software sent with the goods, the customer must ensure that the software is free of viruses & malware before usage. In case the parcel received is damaged, the customer should take photographs of the parcel and confirm the damage with the company before opening the parcel.
The quantity & type of goods dispatched to the customer are recorded at the company end and the same shall be considered as evidence unless proven otherwise by the customer.
In case of non-delivery of any goods, the liability of the company shall be up to delivering the goods with reasonable time compensation (additional courier charges may apply) or refund of the amount paid for the goods.
All information like drawings, illustrations, descriptions, specifications etc. wherever they appear on the site or on any other marketing communication are indicative only. The company shall try to ensure that the descriptions are as accurate as possible with dispatched goods however the description shall not be a part of the contract. The customer must check and verify the applicability of goods by themselves. The company may make changes to the goods/descriptions in order to improve quality of supply or to comply with applicable laws.
9. RETURNS & WARRANTY
The company shall endeavor to ensure that all the items sold to the customers are of the highest quality possible. However, on the condition that any item sold to the customer has a manufacturing defect or does not meet agreed performance parameters, the same has to be intimated to the company within 5 days of receipt of goods.
Unless otherwise mentioned, all products will carry a 6 month repair/ replacement warranty. The customer shall not return the goods to the company without the company’s written permission. All goods shall be returned at the cost & risk of the customer.
In case it is found that the customer has modified, altered or repaired the goods without the written consent of the company or if the customer has not followed the manufacturer’s instructions for storage, usage, installation, use or maintenance, the warranty for the item shall be null & void.
Notwithstanding anything contained in the agreement, terms, offer or discussion, the Company’s liability shall be limited to 100% of the order value (part value) or payments received, whichever is lower.
The company shall be in no ways liable for any loss of profit, loss of business, loss of revenues, loss of use, loss of data, loss of production, downtime, depletion of goodwill, business interruption, loss of opportunity, loss of contracts, increased costs, costs of capital or costs connected with interruption of operation/business, loss of anticipated savings or for any direct, special, indirect or consequential damage or loss of any nature whatsoever
11. INTELLECTUAL PROPERTY RIGHTS
The goods sold by the company may be subject to various intellectual and industrial property rights including but not limited to trademarks, patents, copyright, knowhow, design rights, utility rights, database rights, circuit layout rights and/or other rights of third parties. The company does not grant any rights or licenses to the Customer in this regard, except the right to or re-sell or use the goods. In case of any claim of infringement of Intellectual property, the company shall have no liability for the same.
The Customer must inform themselves of the terms of its license or use and/or paying any royalty payable for use of any goods (especially software). The goods catalogue used on electrineingenum.com is under copyright from the Company and the customer must procure written permission from the company before reproducing the same in any form. The customer shall not reverse engineer any intellectual property developed by the company during any supply.
The customer must ensure that all legalities governing the use of these materials are met by them. Any restrictions regarding age, country of origin & end use, bans, embargoes etc. shall be adhered to by the customer. The items sold by the Company shall not be used for any illegal, anti-social or anti-national purposes. Usage of goods sold by the Company for weapons (conventional, chemical, biological etc.), nuclear facilities, missile technology or any system that can be used for war or may lead to harm to life, property or environment is strictly prohibited. Usage of goods for space or aircraft technology, medical or life support system, surgical implants etc. where failure can cause injury or death is at the risk of the Customer. The company shall be completely indemnified in case of use of its goods for these purposes.
The governing laws of the Contract shall be the laws of India. All disputes arising in connection with the Contract or any terms & conditions shall be under the jurisdiction of the Courts of Bangalore, Karnataka. The Company however retains the right to bring proceedings in any other court of proper jurisdiction.
13. USER ACCOUNTS
14. FORCE MAJEURE
In case of any delay or failure in execution of the contract due to any cause beyond the company’s reasonable control like government actions, war, fire, flood, earthquake, fire, trade embargoes, import/export restrictions, riots, strike, labor disputes etc. the same will be treated as a Force Majeure Event. In case of a Force Majeure Event, the company may delay or cancel the whole or part of the contract.
In case any (or any part) of these Conditions are deemed invalid, void, unreasonable or unenforceable due to any rules or laws or the decision of any competent authority, the same shall apply only to the part of the conditions and the rest of the terms & conditions shall be unaffected. Similarly if any of these conditions cannot be enforced by the company (in any specific event or all events), it shall not be considered as a waiver of the Company to any of its rights under these conditions.
No person external to the company who is not a customer can enforce any of the provisions of these customer.
COPYRIGHT ELECTRINE INGENUM SOLUTIONS PRIVATE LIMITED - 2019