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Terms & Conditions for Dealers & Distributors Registration
A. Dealership Arrangement, Appointment & Servicing:
- Appointment of a Dealer shall be at the sole discretion of BSL on non-exclusive basis and area of operation shall be within India.
- Dealer shall purchase the goods at such price as may be negotiated and agreed between BSL and the Dealer from time to time. All prices quoted by BSL shall be exclusive of Taxes (CGST /SGST/UTGST/IGST) or any other related statutory levies, as applicable, unless stated otherwise.
- The Dealer shall place order for the goods in advance with adequate details as may be required by BSL. All orders placed by a Dealer shall be subject to acceptance by BSL. If an order is accepted, BSL shall make best efforts to execute the orders as per the terms of PO subject to availability of adequate stock. However BSL shall not be responsible for any delay in executing the order thus accepted. The dealer shall not cancel purchase orders once placed. However under special circumstance orders may be cancelled by mutual consent (for example -non-availability of stock, withdrawal or discontinuation of a model by manufacturer etc). Advances made against an order shall be subjected to GST as applicable.
- Terms and Mode of Payment shall be as may be mutually agreed upon between BSL and Dealer from time to time.
- So long as the purchase price of the goods has been duly paid to BSL, the Dealer shall be the owner of the goods received by him. However, BSL shall have general lien on all the goods of a Dealer for the time being in the possession of BSL (including the goods already paid for but of which delivery may not have been taken by a Dealer) for any amount due to BSL. The ownership of the goods and the risk associated with the goods shall be deemed to have passed to a Dealer as soon as a Dealer of his authorized representative takes the delivery of the goods as BSL’s warehouse.
- BSL shall not be responsible for any loss or damage cause to the goods once a Dealer takes the delivery at the BSL’s warehouse.
- The price quoted to a Dealer in specific and any other information divulged to a Dealer in general shall be deemed to be confidential information and dealer shall maintain the confidentiality of such price and other information.
- The dealership arrangement shall be in force from the date of appointment till such time the arrangement is terminated by BSL. BSL may terminate this arrangement at its sole discretion without assigning any reason.
- All the amounts payable by either party prior to or as of the effective date of the termination shall become immediately due and payable. BSL shall not be bound to execute the pending purchase order of a Dealer regardless of acceptance of the same by BSL prior to the date of termination.
- The relation between BSL and the Dealer shall be that of seller and buyer and not that of Principal and Agent.
- All bank charges (including collection charges), LC Charges / BG Charges, hundies shall be payable by the buyer. BSL shall not be responsible for any forged drafts/loss/theft of bank drafts, cheques etc in transit and shall also not be responsible to bear any charges/claims pertaining to the same.
- BSL reserves the right to reject any material received for warranty without manufacturer’s original packing and others related terms & conditions.
- BSL shall have no liability towards the Dealer and any third party for Consequential or Incidental damages of any kind whatsoever including Limitation, any indirect loss or damages such as Operating Loss, Loss of Clientele or Prejudice to the Dealer’s Corporate Image or Reputation.
- All sales of the goods to a dealer shall be subject to terms and conditions set forth in this Registration Form and in BSL’s standard Terms and conditions applicable there to.
- The products sold by BSL are covered under ‘MANUFACTURER’S STANDARD WARRANTY’. We have no legal / financial liability for the same.
- All disputes shall be subject to KOLKATA Jurisdiction.
B. Credit & Payment’s Terms:
- Minimum Bill / Tax Invoice Value should not be less than Rs 10,000/- for any Partner across locations.
- All payments to be made by Crossed A/c Payee Cheque or DD as applicable only in favor of BALAJI SOLUTIONS LIMITED.
- BSL’s extended Credit Days & Other Related Points will be applicable with effect from Invoice generation date in lieu of the goods received by a Dealer/Customer.
- Dealer/Customer needs to maintain the minimum level of Billing Cheques of 06nos (only CTS) with respective branch at any given point of time to facilitate prompt execution of his Purchase Orders.
- Payment against any Invoice will not be withheld for any pending claims of whatsoever nature.
- All Bank Charges (including collection charges) and Stamp Duty on Cheques, Bill of Exchange, Inter Bank Multicity Fund Transfer Charges, RTGS,IMPS Charges, Pay Order / DD charges, Hundies shall be payable by the Buyer. BSL shall not be responsible for any forged drafts/loss/theft of bank drafts, cheques etc in transit and shall also not be responsible to bear any charges/claims pertaining to the same.
- CD based billing is deemed to Execute only after the Realization of the Deposited Current Date Cheque / DD / RTGS / NEFT or IMPS against the PO placed by the buyer for availing CD benefit. CD shall be reversed incase the payment is not received within the stipulated time as agreed in case of any special approval taken for CD billing prior to payment.
- Non-Receipt of Order Acceptance from BSL or Non-Acknowledgement of BSL’s Invoice by a Dealer shall not be a ground for a dealer to withhold the payment due to BSL.
C. Penalties against Fraudulent practice or Non-payment or Delayed Payment:
- In an event of Dealer bouncing a cheque, the Dealer will be charged @1% of the cheque amount OR INR 500.00, whichever is higher as Bank Charges owing to dishonor. Along with that, penal interest @ 24% p.a. on the overdue amount from the date of cheque bounce till the date of actual realization will be charged on bounced cheques.
- Delayed payments will be charged Penal Interest @ 24% p.a. on the overdue amount for the period beyond due date.
- In the event of a Dealer failing to pay up the amount(s) due to BSL, BSL shall enter the premises of the Dealer and shall be allowed to seize and take away the goods sold and appropriate such sale proceeds towards any and all amount owned by a Dealer to BSL.
- If cheques issued by a Dealer are returned by his Bank for three occasions, during the business period, the account will be closed forever and no billing will be allowed on credit/CDC basis henceforth. Only RTGS/NEFT in advance will be accepted for such accounts.
- BSL will levy Penalty, on Certain Agreed Products if found to be sold by the Dealer/Cutomer through E-Commerce/Online/Cross Region/Violating the Market Operating Price (MOP) which are meant to be Offline Exclusive for Specific Regions with Declared Pricing unless specified otherwise in writing.
- Any Interest/ Penal Interest/ Penalty shall be subjected to applicable GST (separately).
Any Changes to the above Terms & Conditions shall be subject to approval from the Authorised BSL member only.
STANDARD TERMS & CONDITIONS OF SALE
Terms of Payment
- All payments to be made by Crossed A/c Payee Cheque or DD as applicable only in favour of BALAJI SOLUTIONS LTD.
- If Cheque is dishonored, customer will be charged @1% of the cheque amount OR INR 500.00, whichever is higher, as Bank Charges owing to dishonor. Along with that penal interest @ 18% p.a. on the overdue amount from the date of cheque bounce till the date of actual realization will be charged on bounced cheques.
- Delayed payments will be charged penal interest @ 18% p.a. on the overdue amount for the period beyond due date.
- Payment against this invoice will not be withheld for any pending claims or whatsoever nature.
- All bank charges (including collection charges) and stamp duty on cheques. Bill of Exchange, Inter Bank Multicity fund transfer Charges, RTGS, Pay Order/ DD charges, Hundies shall be payable by the buyer. The BALAJI SOLUTIONS LTD. (BSL) shall not be liable for any forged drafts or loss or theft of bank drafts, cheques etc in transit.
Other Conditions & Declaration
- We have sold you the computer, telecom or consumer electronic hardware as mentioned in this invoice purchased through authentic License Distributor/ Dealer. We have not loaded any software in the hardware purchased by you from us under this invoice. Any software loaded by you or by your agent in the hardware subsequently will be entirely at your risk, responsibility, cost and consequence and we shall not be liable and/or responsible in any manner what so ever.
- All contracts shall be deemed to have entered into the jurisdiction of Kolkata and in case of any dispute all proceeding, if any, shall be filed and litigated in the Civil Court of Kolkata and nowhere else.
- Our responsibility ceases the moment goods leave our godown.
- Goods once sold will not be taken back or exchanged.
- We are not responsible for any delay or deterioration / breakage due to negligence of the carrier and either any delay or failure in executing the supply of goods due to circumstance beyond control. Part delivery must be accepted in case of non-availability of full quantity is in stock.
- In case of any variation in quality / quantity, the entire material must be kept separate for our variation. No claims of deduction will be acceptable without our verification. Incase material is sold prior to our inspection; no claims shall be acceptable.
- The customer / consumer will not hold BSL responsible for or liable for, any Civil, Criminal Action, Claims, Damages, Losses, Cost, Charges and Expenses, which the customer / consumer may suffer, sustain or Incur after the delivery of goods.
- Concessional rate of CST Charged on this invoice is against Form “C”. In the absence of proper requisite Central Sales Tax document – Form “C” provided within due date, the CST as applicable along with any penal charges shall be recoverable.
- Goods sold vide this Invoice remain our properly till realization of full amount of this invoice.
- Material accepted without MRP Stickers will be solely at your risk and consequences.
- We declare that this invoice shows the actual price of the goods and that all particulars are true and correct.
- Products are subject to availability. BSL does not guarantee delivery of products within any time frame.
- Customer / Purchaser acknowledges that BSL shall not be liable for any liquidated damages or un-liquidated damages or loss of business, penalty etc for any delay in supply of products.
- We hereby certify that our Registration Certificate under State Value Added Tax Act 2003 is in force on the date on which the sale of goods specified in the tax invoice is made by us and the transaction of sale covered by this tax invoice has been effected by us and it shall be accounted for in the turnover of sales while filing return and due tax if any, payable on the sale has been paid or shall be paid.
- Some of these commodities are authorized for export by the U.S. Government only to India. This may not be resold, diverted, transferred otherwise be disposed off in any other country, either in their original form or after being incorporated through an intermediate process into other items without prior written approval of the U.S. Government.
- Please verify the label / declaration under Rule 6 of Standards of Weight and Measures (Packaged Commodities) rules, 1977 on every package before taking delivery.
Without prejudice to other remedies, in case of any dispute or difference that cannot be resolved amicably, the matter shall be referred to the sole Arbitration of a person to be nominated / appointed by the company. The Arbitration shall be conducted under the provision of the Arbitration and Conciliation Act, 1996 and Rule frames there under and any statutory amendment made thereto from time to time. The Arbitrator so appointed shall not be bound to give a speaking award and the Award made by the said Arbitration shall be binding upon both the parties.
- It is hereby informed that BALAJI SOLUTIONS LTD. (BSL) is Marketing & Distribution Company and is not a Manufacturer.
- Warranty will be void on physically damaged, broken, electrical overload stress / track out items, pin bend on motherboards, mishandled, faulty installation burnt out, out of warranty and serial number tampered goods.
- The product(s) in this invoice is/are covered by the manufacture’s STANDARD warranty; we have no legal/financial liability for the same.
- After 24 hours of sale, the replacement of the product(s) under warranty will be done only after getting the replacement from our principals.
- Obsolete items will be replaced with the new capacity against difference in amount decided by us.
- The liability of BSL towards the customer is limited strictly to the extent of the cost of product sold, covered under the invoice and not liable for any incidental and / or consequential damages claimed by the customer. BSL shall not be liable for any third party claim arising out of the case of invoiced goods. The customer shall keep BSL indemnified from/against such claims.
- BSL reserves the right to reject any material received for warranty without manufacture’s original packing.
- Customers are required to approach the authorized Service Providers (ASPs) forall products covered under manufacturer’s STANDARD warranty.
- In case of after sales services the product must be accompanied by Original / Xerox copy of Invoice or “Warranty Memo” mentioning the reason for which service is sought.
- The company shall not be liable for any losses, injuries, damages or adverse effect whatsoever resulting whether directly or indirectly from:-
- The use of Products by the purchaser or any third party which do not confirm to the use prescribed by the company in its technical data or in any technical advice given by the company to the purchaser.
- The use of the products by the purchaser or any third party outside the normal conditions of use of the Products recognized or adhered to by users of similar products regardless whether the condition of use is not expressly excluded in the Company’s Technical data or in any Technical advice given by the Company to the purchaser.
- The addition of other material to the Products by the Purchaser or any other third party.
- The failure of the Products to company with any express or implied warranties of the purchaser to any third-party.
- Acceptance and repair/replacement are subject to Warranty terms and conditions of the manufacturer. Please refer to warranty guidelines of the manufacturer for full details.
- Check the contents of the slip before leaving the counter. Keep the slip safely and produce the same in original at the time of collecting the product.
- After receiving the products during the process of repair if we found damages OR Mishandling OR Un-authorized repair attempts, the same products will be returned back without repair/ replacement.
- For Out of Warranty products, the BSL will provide the estimated cost before the actual repair. The Estimate does not guarantee the 100% repair. If not repaired, the product will be retuned back. BSL will do sincere repair attempts. After repair attempts we cannot guarantee to restore the Original symptoms.
- Customers are required to collect their products from the RMA centre within 45 days from the date of delivery notification or 60 days from the date of receipt. BSL will not be responsible and will have right to scrap for such products after the final Due Date.
- Customer Signature on this invoice is treated as Acceptance of Terms & Conditions.