TERMS OF SALE
1. Exclusive Terms.
All orders, whether through our website (www.haken.in) or otherwise, shall be governed by the following terms and conditions. These terms and conditions shall constitute the complete Agreement between the purchaser of the goods (herein called ‘Buyer’) and www.haken.in / Haken Systems LLP (herein called ‘Seller’) and shall supersede all prior and contemporaneous oral and written statements of any kind whatsoever made by the parties and their representatives.
Buyers’ orders shall not constitute contracts of sale unless accepted in writing by an authorized agent of Seller at its office in 1517-A Kotla, South Extension., New Delhi-110003. Seller’s acceptance of any order is expressly conditioned upon Buyer’s assent to the terms and conditions contained in this Agreement. Any added, varied, or conflicting terms in Buyer’s Purchase Order, or elsewhere in any correspondence from Buyer, are hereby objected to and shall not bind Seller, unless expressly agreed to in writing signed at Seller’s office in 1517-A Kotla, South Extension., New Delhi-110003, by a duly authorized officer of Seller in a document making specific reference to this Agreement and specifically stating that it ‘amends’ this Agreement. Buyer shall notify Seller in writing, as soon as practicable after receipt of Sellers acceptance of Buyer’s order, of any objection to the terms of this Agreement. Buyer’s failure to notify Seller of any objection shall conclusively indicate Buyer’s assent to and acceptance of all terms and conditions herein. Buyer expressly accepts the terms and conditions herein at the exact moment Seller commences performance on any purchase order requiring or providing for Seller to commence performance prior to Buyer’s receipt of Seller’s written acknowledgment.
Seller has the right to change, without notice, any prices and/or specifications contained in its catalog or any other writing that does not expressly prohibit such change. Buyer agrees to pay for all samples priced in excess of Rs.100/- on the date of shipment.
Any applicable State, local or other government taxes or charges on the sale or shipment of the goods covered by this Agreement shall be added to the price and paid by Buyer. Buyer agrees to hold Seller harmless from all such taxes, including interest and penalties thereon, and any costs and expenses in connection thereupon.
5. Shipment, Freight and Delivery.
Except as otherwise provided, all prices are F.O.B. Seller’s warehouses, 1517-A Kotla, South Extension., New Delhi-110003, depending on the location from which the goods are shipped. The decision as to place of shipment shall be solely that of Seller.
Except as otherwise provided, payment terms are simple and the buyer is charged upfront while placing the order and the shipping charges would be extra to be paid by the buyer at the time of delivery of goods
7. Financial Responsibility.
Shipments and deliveries of all items shall at all times be subject to approval of Seller’s Customer Department in 1517-A Kotla, South Extension., New Delhi-110003. Seller at any time may require shipping payment in advance if the shipping costs exceeds Rs.5,000/-. Seller reserves the right to withhold further deliveries and/or terminate this or any other contract with Buyer, if Buyer fails to comply with the terms of this or any other Agreement. Upon Seller’s termination of this Agreement, all unpaid amounts Buyer owes Seller shall become immediately due and payable.
8. Buyer’s Agreement to Defend.
Buyer agrees to defend, protect, and save Seller harmless against all suits at law or in equity and from all costs of suit, reasonable legal fees, expenses, damages, claims, and demands arising out of or awarded in connection with any goods: (a) sold or supplied to Buyer by Seller that are not maintained and operated in accordance with Seller’s recommended procedures, or (b) sold or supplied to Buyer by Seller to meet Buyer’s specifications, requirements, or instructions.
9. Notice of Accident or Malfunction.
Buyer shall notify Seller promptly and in any event within thirty (30) days of any accident or alleged malfunction involving goods manufactured or sold by Seller. Buyer agrees to protect, defend, and save Seller harmless (as provided in paragraph 8), in the event that Buyer fails to give such notice to Seller and to so cooperate. Buyer agrees to provide reasonable support and cooperation to the Seller in the investigation of any accident or alleged malfunction of involving goods manufactured or sold by Seller.