Terms and Conditions Statements and Agreement
Please Read Full Document Carefully
Note: www.onlineTPS.com is a website of "Total Project Solutions" (Bhopal) online store/services
No Guarantee on Any Components unless otherwise stated,
This agreement is governed by the laws of republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bhopal, Madhya Pradesh - India in all disputes arising out of or relating to the use of the Total Project Solutions - www.onlinetps.com sites/services.
- Liability of www.onlinetps.com for any consequential losses , misdelivery / nondelivery ,delay or damages to any article/document/items/parcels or any services ,is maximum to extent of value of items/services purchased/offered.
- Use of the www.onlinetps.com sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold www.onlinetps.com, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the www.onlinetps.com sites/services.
- www.onlinetps.com reserves the right to disclose any personal information about you or your use of the www.onlinetps.com sites/services, including its contents, without your prior permission if www.onlinetps.com has a good faith belief that such action is necessary to:
(a) Conform to legal requirements or comply with legal process;
(b) Protect and defend the rights or property of www.onlinetps.com or its affiliated companies;
(c) Enforce the terms or use;
(d)or Act to protect the interests of its members or others. www.onlinetps.com performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of www.onlinetps.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.onlinetps.com sites/services or information provided to or gathered by www.onlinetps.com with respect to such use.
- If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Total Project Solutions with respect to the www.onlinetps.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Total Project Solutions with respect to the www.onlinetps.com sites/services. The management of "Total Project Solutions" reserves the right to change the above Terms and conditions without prior notice. For any other query feel free to e-mail us at : firstname.lastname@example.org / email@example.com
Items will be shipped only after realization of payment.
1- TERMS OF PAYMENT
All payments must be made in the currency billed on the original invoice.Credit cards accepted include major credit cards, purchase cards, and major bank debit cards including MasterCard, VISA, Diners Club, Discover, and American Express. Credit Card billing information must be verified on new customers prior to shipment of order. Payment terms by Purchase Order is not accepted unless signed by Total Project Solutions (www.onlineTPS.com)'s acceptance letter.
The catalog reflects the latest pricing information available at the time of printing. Prices shown in the catalog are subject to change without notice. Prices are subject to increase in the event of an increase in Total Project Solutions (www.onlineTPS.com)'s costs or other circumstances beyond Total Project Solutions (www.onlineTPS.com)'s reasonable control. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, and document fees.
Customer requests to reschedule are subject to acceptance by Total Project Solutions (www.onlineTPS.com) in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by Total Project Solutions (www.onlineTPS.com) to the shipment carrier. Total Project Solutions (www.onlineTPS.com) reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice.
When required by law Total Project Solutions (www.onlineTPS.com) will collect Central, State and/or Local sale, use, excise, and other taxes that apply to a Customer's shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless customer is tax exempt and Total Project Solutions (www.onlineTPS.com) has a valid signed tax exemption certificate on file.
All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will be the responsibility of the Customer and due at the time of delivery.
2- We ship through reputed courier companies only. We pack the items well, reducing the chances of damage in the transit to almost nil. Even then, the buyer must check the contents of the parcel in the presence of the courier person. If anything is missing or broken, do not accept the delivery and return it to the courier person.
Total Project Solutions (www.onlineTPS.com) will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Total Project Solutions (www.onlineTPS.com) are estimates only and that Total Project Solutions (www.onlineTPS.com) will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Total Project Solutions (www.onlineTPS.com) unless specifically designated by Customer. Total Project Solutions (www.onlineTPS.com) reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
Items once sold/delivered will not be taken back.
3- If Warranty Offered The Dealer / Manufacturer warranty (if offered) only covers the defects in the item that may be discovered during the first seven days of receipt of the item.(we will replace it with new one) The warranty doesn't include items broken or damaged due to mishandling by the buyer. Defective items must be reported within 2 days of receipt and should reach us within 7 days of receipt in the original packing with all the original parts/components/contents/accessories. Any missing or damaged components will not be replaced. Returns delivery charges will be paid by buyer. The Products are warranted Under The Normal Usage Against Defects In Workmanship And Materials To The Original Purchaser For Period Of One Month From the Date Of Purchase or otherwise the warranty period offered or specified.
4- In the Event Of Defect In material Or Workmanship "Total Project Solutions " At Its Discretion Will Repair Or replace the Defective product, Provided The customer Returns The Defective Product To Total Project Solutions - "www.onlinetps.com" During The period Of warranty
5- Any Repair Or replacement Of Defective Parts Will be Charged, If Fault Is Due To accident ,Misuse, negligence And Willful Damage On Part Of Customer
6- This Warranty Is Void If The Product Is Damaged After Delivery By An Accident ,Natural Calamities ,Mishandling, Failure to Follow Operational Instructions, Repaired By Unauthorised Persons, Improper Safe Keeping Or Other Acts Of god
7- This Warranty iS void if tHe fOLLOWING eNVIRONMENTAL cONDITIONS aRE nOT complied wITH
(a)Exposure to rain,water or heavy moisture laden conditions
(b)Storage near any heat source or indirect sunlight for any extended period of time
8- PRODUCT's COUNTRY OF ORIGIN
Total Project Solutions (www.onlineTPS.com) maintains Country of Origin information on all products in its inventory. This information is provided to customers on request. Our manufacturers do not provide Total Project Solutions (www.onlineTPS.com) with the country of origin of each raw material or subcomponent that is incorporated into the Manufacturer's final product.
9- For any other query feel free to e-mail us at : firstname.lastname@example.org
-The information, products, and services of Total Project Solutions, included in or available through the www.onlinetps.com sites/services may include inaccuracies or typographical errors.
10- We Don't recommend or take responsibility , to use our products in medical , Life support systems , critical operations , Military or law enforcement services ,critical industrial applications , please confirm with us before using our items in such applications.
PRODUCT SAFETY NOTICE AND RESTRICTIONS
Products are intended for commercial use only. Products are traceable at the manufacturer's level only. There is no lot level traceability. Total Project Solutions (www.onlineTPS.com) does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specification sheets provided to Customers are produced by the manufacturer or transcribed from information provided by the manufacturer. Total Project Solutions (www.onlineTPS.com) is not a Qualified Manufacturers List (QML) supplier or a supplier of Qualified Product Listing (QPL) components. Customer agrees that all purchases are for commercial or other applications that do not require QPL components. Any reference to military specifications in our catalog or on our website is for reference only and does not modify these terms and conditions. Total Project Solutions (www.onlineTPS.com) does not participate in any product safety engineering, product safety review or product safety testing. Total Project Solutions (www.onlineTPS.com) cannot provide any safety testing, safety evaluation or safety engineering services. Products sold by Total Project Solutions (www.onlineTPS.com) are not designed, intended or authorized for use in life support, life sustaining, human implantable, nuclear facilities, flight control systems, or other applications in which the failure of such Products could result in personal injury, loss of life or catastrophic property damage.
If Customer uses or sells the Products for use in any such applications:
(1) Customer acknowledges that such use or sale is at Customer's sole risk;
Customer agrees that Total Project Solutions (www.onlineTPS.com) and
the manufacturer of the Products are not liable, in whole or in part,
for any claim or damage arising from such use; and
(3) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD Total Project Solutions (www.onlineTPS.com) AND THE MANUFACTURER OF THE PRODUCTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
Total Project Solutions (www.onlineTPS.com) is committed to compliance with all Indian Export Regulations and Laws. Total Project Solutions (www.onlineTPS.com) will not sell or ship to individuals or organizations identified as Specially Designated Nationals and Blocked Persons. Total Project Solutions (www.onlineTPS.com) will not sell or ship products prohibited under Export Administration Regulations to individuals or organizations. Total Project Solutions (www.onlineTPS.com) will not seek export licenses pursuant to Export Administration Regulations. Total Project Solutions (www.onlineTPS.com) participates in BIS Export Enforcement and OFAC transaction reporting. Furthermore, Total Project Solutions (www.onlineTPS.com) prohibits the re-export, brokering or transshipment of its products to any individual, organization or country prohibited by the OFAC or BIS. The sale, resale or other disposition of Products, and any related technology or documentation, are subject to the export control laws, regulations and orders of the India and may be subject to the export and/or import control laws and regulations of other countries. Customer agrees to comply with all such laws, regulations and orders. Customer further acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Customer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
-Items marked "not for sale outside India" will not be shipped outside India in any case.for other items also it is the customers responsibility to confirm that the items he/she is ordering doesn't fall in category of banned/not fit for Import items in his respective country.
-Further customer will be responsible/liable for any clearance of items/parcel in custom along with any duties to be paid there after.In no case we would be held responsible for customs clearance.
-Changes are periodically made to the www.onlinetps.com sites/services and to the information therein. www.onlinetps.com and/or its respective suppliers may make improvements and/or changes in the www.onlinetps.com sites/services at any time.
-Advice received via the www.onlinetps.com sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation
- www.onlinetps.com and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the www.onlinetps.com sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. www.onlinetps.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
- This site may contain links to other web sites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the www.onlinetps.com logo, advertisements and/or other content selected by www.onlinetps.com. You acknowledge that www.onlinetps.com and its sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that www.onlinetps.com is providing these links to you only as a convenience You specifically agree that www.onlinetps.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through any www.onlinetps.com/service.
- You specifically agree that www.onlinetps.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that www.onlinetps.com is not responsible for any content sent using and/or included in an www.onlinetps.com site/service by any third party.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL Total Project Solutions (www.onlineTPS.com) BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Total Project Solutions (www.onlineTPS.com) for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD Total Project Solutions (www.onlineTPS.com) HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY Total Project Solutions (www.onlineTPS.com) AND INCORPORATED INTO THE CUSTOMER'S PRODUCT.
- In no event shall www.onlinetps.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the www.onlinetps.com sites/services, with the delay or inability to use the www.onlinetps.com site/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the www.onlinetps.com sites/services, or otherwise arising out of the use of the www.onlinetps.com sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if www.onlinetps.com or any of its suppliers has been advised of the possibility of damages.
- www.onlinetps.com does not endorse in anyway any advertisers/ contents of advertisers on its WebPages. Please therefore verify the veracity of all information on your own before undertaking reliance and auctioning there upon. www.onlinetps.com shall not be responsible nor liable for any consequential damages arising on account of yours relying on the contents of the advertisement.
- The Seller has no control or prior knowledge of State Taxes or Octroi that may be charged by your state. These taxes (if any) will be paid by the courier company and collected from the buyer on delivery. The buyer is responsible to pay these taxes.
Jurisdiction Area for all disputes at Bhopal (State : Madhya Pradesh , India) Only
Also see Shipping and Returns Policy