Installation terms
Base Preparation: All civil and carpentry work to be done by client at site. The base should be levelled in marble / granite / tile with no slope or undulation and evenly filled mortar. Although the team would take utmost care at the time of installation. Damages to the site are not liable.
Measurement Calculation: Each measurement is rounded up to every 3 inches. Total Measurement will be rounded up to Running Feet. In case of variation in measurement, joint measurement before commencement of work or measurement in Proforma Invoice whichever is higher will be applicable. Any reduction in measurement after confirmation of order will not be reduced from the bill. If any variations or cut-outs or custom design, additional charges will be applicable for the same.
Fabrication & Rework: Any Rework is charged separately for Removal & Installation. The charges will be 15% of Contract Value or Rs. Ten Thousand per visit whichever is higher along with travel and accommodation charges.
Unloading & Lifting: All sites where unloading is included in contract will require Service Lift or Normal Lift access for material lifting. Manual Lifting charges will be additional based on quantity and floors. Mathadi / Entry Charges / Local Charges to be borne by Client.
Technical Changes: Anchor and Other Product might change due to technical requirement and cost implication will be applicable for the same if deemed necessary.
Content & Interpretation of Contract
No modification, derogation or addition by the buyer to these general terms of the seller can be considered contractually valid without prior express and written acceptance of the seller. Unless the seller has accepted the buyer’s general or particular terms expressly and in writing, those terms are explicitly excluded. Catalogues and / or price lists sent out by any company belonging to IMPERIO RAILING SYSTEMS are exclusively intended to inform, and do not constitute an offer, unless otherwise expressly stipulated in writing by the seller.
Formation of the Contract
The contract is formed by the acceptance by the seller of the order from the buyer, or as the case may be, the service requested by the buyer, or through the performance of the order or service by the seller. The parties agree that the above acceptance by the seller may be validly communicated to the buyer by electronic means. The order shall
include the precise description of the product or products and quantities ordered and the prices of those products. Negotiation of the general terms is only possible before
the buyer’s order is accepted by the seller and may result in change to any price earlier provided to the buyer.
Quality Standards
All glasses shall be made as per the following European Standards:
EN12150 for Toughened Glasses
EN1863 for Heat – Strengthened Glasses
EN1279 for Insulated Glasses
EN12543 for Laminated Glasses
EN1096 for Coated Glasses
EN14179 for Heat – Soaked Glasses
Any glass that falls within the tolerances / specifications mentioned in the above standards shall be deemed acceptable and not liable for replacements.
Special Characteristic: Nis Induced Spontaneous Breakages
All tempered glasses are susceptible to spontaneous breakage due to Nickel Sulphide inclusions. Breakage/s due to Nickel Sulphide inclusions are not attributable to us. This
is a property of tempered glasses and not considered a defect, and hence are not liable for replacements. The strain patterns or quench patterns should not be viewed as a defect in the glass as they cannot be eliminated in the heat treatment or other processes.
Personnel Necessity & Communication
All Site Communication to be done with Project Coordinator or Sales Team. Any direct communication or commitment will not be honoured or accepted. Safety Officer or Site Supervisor or any additional personnel requirement will be done at additional cost and shall be communicated in advance.
Glass Optimization Wastage
Unless otherwise specified, glass optimization wastage shall be charged extra. The wastage shall be intimated at the time of making the Proforma Invoice on receipt of your
final sizes.
Drawing Confirmation For Special Processes
In case of special processes such as fabricated glasses with holes, notches, cutouts, etc. OR in conditions with specific details for installation, we shall furnish detailed section
drawings for your approval. Failure to send timely confirmation of these drawings might result in delivery delays. In the event templates are submitted for manufacturing,
they may be digitized and disposed off. IMPERIO RAILING SYSTEMS does not take any liability for return of templates.
Modification in Order After Confirmation
Since the products are completely made-to-order, no changes in the order shall be entertained once confirmation is given. In the event the order is modified or cancelled once issued to production, all material expenses, processing costs and cancellation penalties up to the date of modification or cancellation shall be invoiced. The amount to
be invoiced is solely at the discretion of the Seller and shall be final and non-negotiable The rates mentioned in this offer are based on the entire order quantity and value
and any reduction in quantities and value will render this offer null and void and we shall issue you a new Proforma Invoice with the revisions incorporated.
Taxes & Duties
The taxation structure is indicated in the commercial terms. However the taxation prevalent at the time of invoice shall be applicable and the prices shall change
accordingly.
Payment Terms
The payments shall be made in accordance with the payment schedule specified in the Proforma Invoice
Delayed Payment Charges
Payment delays beyond the mentioned Payment Terms shall be charged interest at the rate of 24% per annum. The interest shall be counted from the due date until the
actual date of the payment. The due date is always calculated as the invoice date, Buyer shall pay such interest within thirty(30) days from the date of the demand notice.
In addition, the buyer agrees that in case of unsettled payment, the seller may suspend or cancel the sale and/or any current order (including confirmed orders), such
suspension or cancellation not giving rise to any claim for compensation or damage by the buyer and without prejudice to the seller’s claim for compensation or damage
suffered as a result of such suspension or cancellation. Failure to make timely payment, even partially, of any single invoice for any delivery, makes all amounts due by the
buyer to the seller in any capacity whatsoever immediately and automatically payable.
Retention of Title Ownership
The products delivered remain the exclusive and unalienable property of the seller until full and unconditional payment of the price and accessory costs. Until full payment,
the seller maintains the right to recover the products at the buyer’s cost regardless of whoever may be holding them. From the time of delivery, the buyer shall see that the
products remain easily identifiable up to the full, unconditional payment of the price. The buyer shall bear all risks including without limitation in case of total or partial loss
or deterioration of the products.
The buyer shall not transfer title to the products to any third party up to the full, unconditional payment of the price. If the validity of this clause of retention of title of ownership is subject to legal forms in the country of the buyer or to particular preliminary conditions, the buyer shall so inform the seller and shall meet those conditions
Delivery Terns
Unless expressly agreed otherwise in writing by the seller, the products are sold “Delivered at place of destination” named in the order confirmation. Any time specified for
delivery is given as an indication only and shall not constitute a contractual obligation, unless otherwise expressly agreed in writing by the seller. Failure to comply with such
delivery time shall not give rise to any right to claim any loss or damage unless such failure is a result of wilful misconduct or gross negligence on the part of the seller. If a
delivery time is expressly agreed in writing by the seller, such delivery time shall be without prejudice to force majeure, which will automatically allow the seller to suspend
deliveries without compensation of any kind to the buyer.
On arrival of the products at the place of delivery, the buyer will provide at the specified delivery time (of which the seller has given the buyer reasonable notice) unloading facilities and unload the products promptly. Any assistance given by the seller or its sub – contractor in respect of any unloading is entirely at buyer’s risk. Failure from the
buyer to take prompt delivery shall entitle the seller to recover any and all costs and expenses as a result thereof and either cancel all or part of the sale, or have the
products deposited with a third party of its own choice
If the seller delivers to the buyer a quantity of products less than the quantity ordered by the buyer, the buyer shall not be entitled to reject the products delivered by
reason of the shortfall. The seller shall deliver the missing quantities as soon as possible following the buyer’s written notification of the shortfall.
In case of delivery EXW, any assistance given by the seller or its sub-contractor in respect of any loading is entirely at buyer’s risk. Deliveries which are to be picked up by the
client shall not be covered under insurance and no claims for breakages or quality defects due to transport shall be accepted.
Packing, Forwarding & Freight Charges
In case of destinations within Mumbai and nearby cities such as Thane and Navi Mumbai, packing shall be appropriate for local transportation. For distances beyond a
200 – kilometre radius, wooden crate packing shall be done if deemed appropriate. Charges for wooden packing shall be intimated at the time of making the Proforma
Invoice. In case of courier and cargo service, forwarding charges shall be applicable.
Detention Charges for Freight
In the event that our vehicles are not unloaded at site on the same day or within 12 hours (whichever is earlier), detention charges shall apply. These charges will be 50 % of
the delivery amount. We shall inform you of the expected time of delivery at site in advance to facilitate labour mobilization at your end for timely unloading.
Self Pickup Deliveries
Deliveries which are to be picked up by the client shall not be covered under insurance and no claims for breakages or quality defects due to transport shall be accepted.
Approval & Reception of Products
The approval and/or reception of the products is presumed to be unconditional if no written or electronic complaint is made to the seller within 24 hours of delivery and
confirmed by seller within five working days from the delivery date. The buyer will lose its right to claim for the relevant defect upon any breach of the provisions of clause
1.11 of this annexure.
Claims Due to Breakages & Rejections
Any rejection claims arising due to quality deviations need to be intimated within 1 day from receipt of the glass. Breakage/s during transit need to be indicated on our
Delivery Challan and should be verified by the driver, failing which the claim will not be entertained.
Glass Optimization Wastage
The delivery times mentioned in the Commercial Terms shall not be applicable in the event of Force Majeure, including but not limited to:
Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, pandemic and floods);
War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
Rebellion, revolution, insurrection, or military or usurped power, or civil war;
Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio – active toxic explosive, or other hazardous
properties of any explosive nuclear assembly or nuclear component of such assembly.
Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors;
Acts or threats of terrorism.
Cancellation of Contract
If contract is cancelled at any stage, for any reason, customer agrees to pay us a cancellation charge of 20% of contract price or actual costs incurred up to time of cancellation, whichever is higher.
Jurisdiction
This contract shall be construed and enforced in accordance with the laws of the Union of India and under the jurisdiction of Mumbai courts only.
Dispute Resolution
In the event the parties (end user and IMPERIO RAILING SYSTEMS) do not agree upon the existence of a defect, the matter shall be referred to a sole arbitrator mutually agreed by
both the parties. Such arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 and the place of arbitration will be Mumbai, India.
E & O.E.
