VARDHAMAN TECHNOLOGY

1. Payment Terms; Orders:



• An order is not binding upon Vardhaman Technology (VT) until it is accepted; Order is deemed accepted if there is no communication from VT side. Vardhaman Technology must receive 100% payment advance with Purchase order; or terms agreed. CUSTOMER / BUYER can make payment by wire transfer, DD, Cheque or LC with Vardhaman Technology Private Limited.
• Excise & levies: 10% (+ Education Cess) etc or as applicable.
• Sales Tax /VAT: 0% against form C, 5% CST Extra or 5% VAT as applicable.
• Octroi, Entry TAX, Road permit, Way- Bill and Local Levies: Octroi & any other local levies extra as applicable at the time and place of delivery. VT invoice showing Octroi / entry tax paid should be taken as sufficient for claim.
• Road Permits have to be arranged by you in time. If we do not receive the road permit in time, we reserve the right to cancel the order. All shipment will be ex-warehouse, Daman.


2. Shipping Charges:
   
   Your total cost for purchase of any product will exclude shipping and handling charges shown on the Vardhaman Technology invoice.
   
   
3. Title; Risk of Loss:


Vardhaman Technology will arrange for shipment of ordered product(s) to the CUSTOMER / BUYER, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customers/ Buyers upon delivery to the carrier. Vardhaman Technology reserves a purchase money security interest in the product(s) until VT receipt of the full amount due. Customers/ Buyers agrees to allow Vardhaman Technology to sign appropriate documents on CUSTOMER / BUYER's behalf to permit Vardhaman Technology to protect its purchase money security interest. Vardhaman Technology will advise CUSTOMER / BUYER of estimated shipping dates, but Vardhaman Technology will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.


4. Governing Law and Jurisdiction:
   
   Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Vardhaman Technology and CUSTOMER / BUYER shall be governed by the laws of the State of Maharashtra, without regard to its conflicts of law rules. Vardhaman Technology and Customers/ Buyers consent to the exclusive jurisdiction and the venue of the State Courts of the State of Maharashtra, India County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customers/ Buyers also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Vardhaman Technology that is more than 90 Days after the date of the applicable invoice.
   
   
5. Severability:


If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.


6. Waiver:


The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such continuing waiver is made in writing.


7. Entire Agreement:


These terms and conditions, together with the Vardhaman Technology invoice respecting the products ordered by CUSTOMER / BUYER, are the complete and exclusive agreement between Vardhaman Technology and CUSTOMER / BUYERs, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Vardhaman Technology and CUSTOMER / BUYER relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

1. Non - Chargeable Services

Return to Bench Services:

CUSTOMER / BUYER will have to ship the unit/spare to nearest VT Service point and VT will reciprocate by sending the repaired unit back to same location after successfully testing of equipment.

(On failure of M/C- CUSTOMER / BUYER will use its own buffer stock to replace the faulty unit which will be replenished by VT from nearest service point – provided there is no physical damage to equipment and is in acceptable condition.)