B2B Terms & Conditions
Salient features of the AMC
1. Three periodical services will be provided in the Contract Period.
2. Any additional visit as and when required Service request will be attended within 48 Hours from the time of service request received at call center.
3. Replacement of worn-out/exhaust parts, including compressor, Pump, hot tank, ultra Violet lamp, with new /rectified. Part replaced will become sole property of EFL.
4. Consumables will be replaced once in the contract period. If there is any further requirement the same will be replace on chargeable bases.
5. The equipment should be in good working condition before this AMC becomes effective, the customer shall pay the necessary charges in the first instance for rendering the equipment so workable for which Eureka Forbes Limited will submit quotation for approval on inspection.
6. Once the final list of AMC is accepted we will not be reducing the machine count from AMC.
7. Following materials will be not covered under AMC.
- Hot & Cold Taps. ( If there is any Physical damage)
- Body, Drain basin & chassis. ( If there is any Physical damage)
- Eva Tube & Pl 4 Tubes.
- Attachments
9. “Eureka Forbes Limited has the right to combine Mandatory Service along with Breakdown complaints
PAYMENT TERMS: 100% advance along with PO
TERMS AND CONDITIONS OF THE CONTRACT
1. Maintenance will be carried out at the Customer’s premises for which
- a) The customer will lay off the product for at least two days.
- b) The customer will extend all assistance to EFL service person / authorized reprehensive such as boarding and lodging on payment of nominal charges crane manpower water electricity etc: ensure availability of product for maintenance.
- c) The customer will make available necessary fuel electricity connections water, etc. for checking performance of the product, free of cost.
- d) The contract shall not cover free visits / replacement of parts under the following circumstances.
1. Damage done to the product due to floods, fire accident, riot, breakage / pest, misuse, tempering, incorrect operation etc.
2. Failure to observe the operating and precautions as in User’s Manual and adherence to Planned Preventive Maintenance Instructions.
3. Defects due to usage of non-recommended spares and accessories.
4. Visits for customers are retraining.
5. Defects / failures resulting / repairs done by a person other then the authorized representative of EFL. In any such event EFL will submit a prior estimate for approval or bill for the to be carried out prevailing rates.
2. Since under the terms of this contract, the company is libel to supply you free replacement of spare parts in certain circumstances, sales tax wherever liable will be borne by EFL>
3. Services under this contract exclude the following:
a) Painting of the body and replacing discolored polymer parts.
b) Chrome plating of the nuts and other styling / decorative materials.
4. No discount is admissible for renewal of AMC for bulk / large number of products if held by the customer or prorate charges for any reason whatsoever.
5. With regard to repairing worn out / defective part(s) or replacing the same, the decision of EFL shall be final.
6. The product if in the opinion of EFL is required to the Service Center of EFL or their authorized service centers or to the factory the same shall be agreeable to the customer.
7. For repairs necessitating the removal of the product or any parts thereof to service center of EFL or their authorized service center or to the factory there shall be no charge for the spare parts replaced or labour However is such cases incidental expenses incurred like freight, packing, insurance, octroi etc., will have to be borne by the customer.
8. EFL shall however not be responsible for any loss or damage actual or consequential which the customer may claim to have suffered on account of the product being under repair or on account of any delay thereof.
9. The product must be in good working condition .The same to be certified by authorized representative of EFL before this contract becomes effective. The customer shall pay the necessary charges 0.inthe first instance for rendering the product so workable. For which EFL will submit an estimate for approval. This clause does not apply if a contract is renewed from the next date of termination of the warranty period or pervious contract period.
10. The product should be made available for servicing as and when EFL Service Technician / Authorized representative calls on his periodical servicing visit failure to do so will be treated as a service rendered and no refund shall accrue on this account.
11. Every visit by EFL Service Technician / authorized representative will be made within reasonable time from receipt of a complaint for breakdown / of the product and will be made only during working hours of EFL Service Department and no visit will be on Sunday / holidays.
12. EFL shall not be liable for death / injury consequential damage to any person or loss / damage to any property caused as a result of product failure breakdown or accident or fire or any other circumstances beyond the control of EFL.
13. In order to enable EFL to discharge its obligation under this contract the customer shall notify in writing any change in his address within 10 days of such change In default whereof EFL shall not be obliged to perform its obligations under this contract till it receives such intimation from the customer.
14. Customer shall not reinstall the product as this agreement is only in the present site of the product unless otherwise mutually agreed in writing prior to reinstallation this agreement does not cover charges for reinstallation charges will be charged extra at the prevailing rates.
15. Customer shall appoint and maintain two Product-In- Charges who shall be instructed by EFL free of charge in the use of and routine care of the Product .The customer shall ensure that the product –in- Charges properly carry out their duties and operate the product in accordance with product manual.EFL reserves the right to charge additionally for service by reason of the Customer’s failure to comply with his obligation under this paragraph all compensation payable to the product –in Charge or any person employed by the customer for upkeep nd maintenance of the product shall be the sole responsibility of the customer.
16. This contract is not terminable before the expiry period not is transferable in the event of resale / gift to any other person.
17. Contract charges are payable by cheque / DD drawn in favour of EFL in advance and payment shall accompany the signed copy of the contract and such payment shall be realized before the commencement of the contract period.
18. Renewal of the service contract after its expiry will be at the sole discretion of EFL.
19. IT shall not be the responsibility of EFL to send any reminder or any such communication to the customer either in nature of intimating the expiry of the contract or in the nature of renewal notice of the contract the onus of renewing the contract rests with the customer.
20. In the event of any complaint, please quote your name address and the contract number.
21. This contract sets out all the terms and condition on which EFL undertakes to service the product and cancels and supersedes all prior agreements Undertakings or arrangements oral or written between the parties on subject matter.
22. In-case any dispute arises at any time between the parties here to as to the construction meaning or effect of this Agreement or any clause or provision contained herein or the respective right duties or liabilities of either party hereunder the same shall be adjudicated by a competent Court in Mumbai only.
23. Modification and variation: No modification or variation of this Contract shall be binding unless it is made in writing and signed by the Contracting Parties.
24. Force Majeure; Neither Party shall be liable for the non-performance of its obligation under this Agreement where such failure is due to force majeure i.e due or attributable to any act of God Orders restrictions or regulations of Government of India Central or State, war, working conditions, hostilities, riots, civil commotion strike, lockout, labour trouble explosion, or any other cause or circumstances of whatsoever nature beyond control.
25. Any date or period of time mentioned in this Contract should unless contended of mutual written consent be of the essence.