The person accessing this website to submit an Order confirms it is acting in the course of the Customer’s business and further confirms that he or she has authority to bind the Customer on whose behalf this website is being used to purchase Goods. The Customer’s attention is drawn in particular to the provisions of clause 10.
1. INFORMATION ABOUT INOVAR FLOORS INDIA PVT LTD
1. (Inovar Floors India Pvt Ltd.) is a company registered in India. INOVAR FLOORS INDIA PVT LTD operates the website www.InovarFloors.in
1.2 To contact INOVAR FLOORS INDIA PVT LTD, please see the Contact Us page.
2. USE OF INOVAR FLOORS INDIA PVT LTD’S WEBSITE.
Your use of our site is governed by our Terms of Website use. Please take the time to read these, as they include important terms which apply to the Customer.
3. USE OF PERSONAL INFORMATION.
4.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day other than a Sunday or public holiday in India when banks in India are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time under clause 12.6
Contract: the contract between INOVAR FLOORS INDIA PVT LTD and the Customer for the sale and purchase of the goods under these conditions
Customer: the person, firm or company who purchases the Goods from INOVAR FLOORS INDIA PVT LTD.
Delivery Location: location as may be advised by INOVAR FLOORS INDIA PVT LTD prior to delivery.
Force Majeure Event: has the meaning given in clause 11.
Goods: the goods (or any part of them) set out in the Order.
Order: the order by the Customer for the Goods made through INOVAR FLOORS INDIA PVT LTD’s website.
4.2 Construction. In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes faxes and e-mails.
5. BASIS OF CONTRACT
5.1 These Conditions apply to the Contract to the exclusion of any other terms that Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
5.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer shall ensure that the terms of the Order submitted by the Customer are complete and accurate. On receipt of Customer’s Order INOVAR FLOORS INDIA PVT LTD will issue an acknowledgement of Order detailing the Goods ordered and an estimated dispatch date. Acceptance of the Order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 Notwithstanding the provisions of clause 5.2 the Order shall only be deemed to be accepted when INOVAR FLOORS INDIA PVT LTD issues a written acceptance of the Order, at which point the Contract shall come into existence.
5.5 Unless the Customer notifies INOVAR FLOORS INDIA PVT LTD otherwise in the Order, INOVAR FLOORS INDIA PVT LTD shall arrange transportation of the Goods from the Delivery Location to the last known address of the Customer.
5.6 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of INOVAR FLOORS INDIA PVT LTD which is not set out in the Contract.
5.7 Any samples, drawings, descriptive matter, or advertising issued by INOVAR FLOORS INDIA PVT LTD and any descriptions or illustrations contained on INOVAR FLOORS INDIA PVT LTD’s website or in the catalogues or brochures of INOVAR FLOORS INDIA PVT LTD are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
5.8 A quotation for the Goods given by INOVAR FLOORS INDIA PVT LTD shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue
6.1 INOVAR FLOORS INDIA PVT LTD shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant reference numbers of the Customer and INOVAR FLOORS INDIA PVT LTD, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
6.2 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. INOVAR FLOORS INDIA PVT LTD shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the failure of the Customer to provide INOVAR FLOORS INDIA PVT LTD with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.4 If INOVAR FLOORS INDIA PVT LTD fails to deliver the Goods; its liability shall be limited to a refund of the price of the Goods. INOVAR FLOORS INDIA PVT LTD shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the failure of the Customer to provide INOVAR FLOORS INDIA PVT LTD with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7. MANUFACTURER GUARANTEES AND WARRANTY
7.1 The Goods are supplied with a manufacturer’s guarantee and INOVAR FLOORS INDIA PVT LTD will pass on the benefit of that guarantee to the Customer. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
7.2 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.7.3 These Conditions shall apply to any repaired or replacement Goods supplied by INOVAR FLOORS INDIA PVT LTD.
8. TITLE AND RISK
8.1 The risk in the Goods shall pass to the Customer on completion of delivery.
8.2 Title to the Goods shall not pass to the Customer until INOVAR FLOORS INDIA PVT LTD has received payment in full for:
(a) the Goods; and
(b) any other goods or services that INOVAR FLOORS INDIA PVT LTD has supplied to the Customer in respect of which payment has become due.
9. PRICE AND PAYMENT
9.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the published price list of INOVAR FLOORS INDIA PVT LTD in force as at the date of delivery.
9.2 INOVAR FLOORS INDIA PVT LTD may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond the control of INOVAR FLOORS INDIA PVT LTD (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); or
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give
INOVAR FLOORS INDIA PVT LTD adequate or accurate information or instructions.
9.3 The price of the Goods is inclusive of the costs and charges of packaging, insurance and transport of the Goods, unless otherwise specified.
9.4 The price of the Goods is inclusive of amounts in respect of GST.
9.5 The Customer can only pay for Goods using a debit card or credit card, by BACS or by any way. INOVAR FLOORS INDIA PVT LTD
9.6 Payment for the Goods and all applicable delivery charges is in advance.
(a) INOVAR FLOORS INDIA PVT LTD shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any:
(i) loss of profits, sales, business, or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of goodwill; or
(vi) any indirect or consequential loss.
arising under or in connection with the Contract; and
(b) the total liability of INOVAR FLOORS INDIA PVT LTD to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods.
10.3 Except as expressly stated in these Terms, INOVAR FLOORS INDIA PVT LTD does not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, INOVAR FLOORS INDIA PVT LTD will not be responsible for ensuring that the Goods are suitable for the Customer’s purposes.
10. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of India
12.9 Jurisdiction. Each party irrevocably agrees that the courts in Mumbai shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).