This Master Agreement (the “Agreement”) is effective date of the order, updated as of 15 September 2020. Please print this page and keep with your order copy for future reference in terms as of today:
BETWEEN: Agniswan INV Private Limited (the “Seller”), a company organized and existing under the laws of the Delhi, in India, with its executive office located at:
AND: Ordering Customer (the “Buyer”), as an individual or company organized and existing under the laws of the India, with your residence/office located at:
The address as mentioned in order placed online at https://mansionavenue.com or offline via email.
WHEREAS from time to time, the Buyer will be placing orders with the Seller for the manufacture and sale of merchandise by the Seller;
WHEREAS the parties have agreed that the terms and conditions contained herein shall apply to all orders placed by the Buyer with the Seller;
CONSEQUENTLY, the Buyer and the Seller have agreed as follows:
1. SCOPE OF MASTER AGREEMENT
Any order placed by the Buyer with the Seller and evidenced by the Seller’s form of order confirmation (as the same may be amended from time to time) (hereinafter an “order confirmation”), whether or not same is signed by the Buyer, shall be subject to and governed by the terms and conditions of the present Master Agreement, unless otherwise modified as hereinabove mentioned.
The order gains legality once the buyer has placed it choosing the method of payment, and accepted by seller. Where the order online may cancel and unpaid after selecting a method, the order shall be cancelled there and then. Order may be placed online/offline with bank transfer mode. They are not set as confirmed order unless a proceeding proforma is issued on registered email for confirmation, and confirmed by the buyer along with a identity proof self attested.
(a) The acceptance of a shipment by any carrier customarily used by the public shall constitute a delivery to the Buyer, or, in the absence of shipping instructions; the mailing of the customary invoice shall constitute a delivery.
(b) Any delivery made within 60 days after the date or dates specified for delivery in the order confirmation shall constitute a good delivery.
(c) Where seller or buyer shall not cancel order within 24 hours of passing of delivery date, the same shall extend to another 30 days as agreed. It would be the intention of seller to deliver in fastest mode and time for good of client. Delivery schedule shall only be as per each product’s given schedule on its page, or as given in the proforma invoice when outside of website.
(d) Delivery date shall be calculated from date of shipment and generation of shipping document such as Road or Airway bill. The end delivery date is dependent on carrier.
3. STRIKES AND CASUALTIES
Where the Seller is unable to make delivery of any portion of the merchandise covered by this Master Agreement due to a labor dispute, accident, fire, war, government regulations or any cause whatsoever beyond the control of the Seller, the Seller shall not be liable for such inability to make delivery if, within a reasonable time, they notify the Buyer by prepaid post of the cause of such inability and that the contract for the undelivered portion of the merchandise is cancelled or that he will make delivery of such merchandise at a future date to be named in the notice, and the Buyer may, within 15 days of the date of mailing of such notice, notify the Seller by prepaid post that he will accept delivery of the merchandise pursuant to the terms of the Seller’s notice or cancel the undelivered portion of the contract, but upon the Buyer’s failure to so notify the Seller the undelivered portion of the contract shall be cancelled.
4. PAYMENT TERMS
The terms of payment in respect of any order made by the Buyer set forth in the order confirmation in respect of such order shall apply to any contract referred to herein. Every reference herein to a “contract” shall be construed as meaning the Buyer’s order, as reflected by the said order confirmation.
The Seller reserves the option to discontinue deliveries to the Buyer or to cancel the whole or the balance or any part of any contract with the Buyer if payment on any shipment be delayed or if amount of credit granted be exceeded or whenever the Seller is dissatisfied with the Buyer’s credit standing. Interest at 3% per month shall be charged on all overdue accounts. The Seller reserves the right, at its option, even after partial payment on account of any contract with the Buyer, to require from the Buyer, satisfactory security for due performance of its obligations, and the refusal to furnish such satisfactory security or failure of the Buyer to execute any of its obligations under any existing contract will entitle the Seller, upon notice to the Buyer, to suspend shipments or cancel any contract or so much of it as may remain unexecuted, without prejudice to any claim for damages to which the Seller may be entitled. All goods stored and/or processed at the premises of the Seller shall remain the property of the Seller until paid for in full. Notwithstanding any indication by the Buyer to the contrary, the Seller may impute any sums received from the Buyer against such outstanding indebtedness of the Buyer to the Seller, whether liquidated or not, present or future, as the Seller may, in its sole discretion, determine.
The following constitute events of default under this Master Agreement:
a) failure to pay any amount due to the Seller under any contract or other agreement between the Seller and the Buyer;
b) should any of the goods sold to the Buyer and still in the possession of the Seller become subject to any lien, privilege, seizure or attachment;
c) any breach by the Buyer of any of the terms of any contract or other agreement between the Seller and the Buyer;
d) should the Buyer have recourse or be subject to any federal or provincial statutes respecting bankruptcy, insolvency or winding up.
Upon the occurrence of one or several events of default, the Seller shall be entitled, without prejudice to its other rights and recourses under this Master Agreement or otherwise to:
a) recover any amount due under any contract or other agreement between the Seller and the Buyer;
b) cancel the whole or part of any contract or other agreement between the Seller and the Buyer;
c) take possession of the goods wherever they are located, without demand or notice, and without a court order or other process of law. The Buyer agrees that he will not make nor cause to be made any claim for nor will the Seller be liable for any damages that are caused as a result of the Seller taking possession of the goods;
d) declare this Master Agreement and/or any contract or other agreement between Buyer and Seller cancelled and after giving the Buyer notice of such cancellation, recover as liquidated damages an amount equal to:
i) the total of all payments which would have become due in virtue of this or any other contract or any subsequent renewal term as if an event of default had not occurred; plus
ii) interest at the rate of [PERCENTAGE %] per month ([PERCENTAGE %] per annum) on these amounts from the time they became due or from the event of default, whichever date is the earlier; plus
iii) any sale taxes (if applicable) on the total amount due.
7. CLAIMS AND ALLOWANCES
The Seller shall not be liable for normal wear and tear, aging, nor for customary variations from specifications. Claims of any kind or nature, except for latent defects, are specifically barred unless made in writing within warranty period as mentioned in product page after receipt of goods and, in any event, prior to the cutting, processing or altering of the goods in any manner from the original condition of delivery, whichever is earlier. Claims for latent defects are barred unless presented within ninety days after date of invoice. The limit of liability of the Seller for any reason whatsoever shall be to replace any goods rejected for proper cause, or refund the price paid therefor by the Buyer, and nothing more, at the option of the Seller.
If the Buyer does not select colorings, designs or patterns, furnish assortments or complete specifications within the time specified in the contract, the Seller may bill the Buyer for the unassorted merchandise at finished goods price. If the Seller permits the Buyer to complete assortments or specifications subsequent to the time specified the Seller may delay delivery for such an amount of time as may be necessary to complete the order.
9. CANCELLATION, REFUND AND ACCEPTANCE
The following conditions as well as the above conditions, apply to the return, cancellation and refund of orders once processed by the buyer:
- Cancellation & Refund. The seller and buyer may both reserve the right to cancel the order within the first 48 hours with a 100% refund where monies are paid and received except any additional cost incurred in transaction that will be deducted before refund such as bank charges. A 100% refund shall ensue where seller cancels order throughout the order term. The buyer may cancel order between 48 to 72 hours or placement with a deduction of 10% and transaction fee on total value. Buyer may also cancel order from 72 hours to five days with a 50% cancellation fee with balance refund. Post 5 days, cancellation is not allowed and funds are utillized in processing of order.
Refunds may take 15 days to reach you and may come faster where evaluation is completed.
- Return. Goods sold may be returned where they are different from order, damaged (minor scratch or touch that may alter shape or create variation (that can be repaired or mended) on delivery is not damage), or not meeting performance standards we per its cut sheet or specifications by manufacturer, may be only returned with its full and complete package. Goods with damaged packaging, missing package items, manuals, or altered and used are not returnable. Any damage or issue with product should be informed within 24 hours of receipt. Proof of damage after receipt requires buyer to open package under an uncut video at all times showing the product in view. If the box is found highly damaged in transit, buyer must take its photograph infront of delivery person and write on slip of receiving in bad condition.
- Warranty. All goods are warranted against manufacturing defect with repair and replacement of defective part at works. Depending
on each category and as advised the seller may collect from buyer, repair at buyer’s location, or require buyer to arrange sending at buyer’s service center. Evaluation or warranty shall be under seller’s scope whose review on the product shall be final after thorough checking whether it was a defect or inaccurate use outside defect. Warranty on each product is detailed on product page, downloadable manual, or cut sheet.
9.1 Additional Works. Where buyer requires seller to proceed in additional work other than transaction that requires time and resource, they are required to make payment for the services as required by seller.
ONLY INCLUDE 9.3 – 9.5 IF RELEVANT:
- Shrinkage and Working Allowance. The shrinkage and working allowance necessary in the Seller’s judgment to properly process the goods shall be allowed.
9.4 Color Match and Fastness. While every effort will be made to dye according to selection the Seller does not guarantee exact color match. The fastness of the dye is not guaranteed by the Seller beyond the generally accepted commercial standard unless otherwise specified.
9.5 Reduced Goods. Those goods are at the Buyer’s risk and are not guaranteed by the Seller as to strength, weight, shrinkage, color, finish or otherwise.
9.6 Insurance Coverage. Insurance on goods stored including goods prepared for or in course of processing will be covered by the Seller only to the extent agreed to in writing with the Buyer from time to time.
9.7 Taxes and Duties. All taxes and duties now or hereafter imposed or exigible on this contract or the goods therein mentioned shall be borne by the Buyer and may be paid by the Seller and charged to the Buyer.
No modification of this Master Agreement or any contract contemplated herein shall be binding unless in writing signed by both parties, and no waiver by either party of any default shall be deemed a waiver of any subsequent default.
11. GOVERNING LAW
This Master Agreement and each of the contracts contemplated herein shall be governed by and interpreted in accordance with the laws of the DELHI JURISDICTION, Country of India applicable therein.
This Master Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The Buyer may not assign any of its rights or obligations hereunder to any other person or entity without the prior written consent of the Seller.
The headings contained herein are included solely for convenience, are not intended to be full or accurate descriptions of the content thereof and shall not be considered part of this Master Agreement.
The parties hereto acknowledge that they have expressly required that the present Master Agreement and all deeds, documents or notices relating thereto be drafted in the English language.
This Master Agreement may be signed in one or more counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument.