STANDARD TERMS AND CONDITIONS FOR SALE OF PRODUCTS
These terms and conditions (hereinafter referred to as “Terms”) govern the sale of Products of LAUNMARK INDIA Pvt. Ltd, having its registered office at 8/12M, Cristal Plaza Ulavaipu P O, Poochackal, Cherthala, Kerala, 688526, India (hereinafter referred to as “Launmark”).In case of any inconsistency with any order, letter, e-mail, catalogue, advertisement, price list or any other communication between the Buyer and Launmark (including its employees or agents), whatever may be their respective dates, the provisions of these Terms shall prevail unless expressly varied in writing and signed by an authorised representative of Launmark.The Buyer acknowledges and agrees that it has read and understood these Terms. If Buyer places an Order or accepts these Terms in writing or makes any payment to Launmark which are consistent with performance of these Terms and/or Quotation (as defined below), the Buyer shall be deemed to have accepted these Terms in their entirety without modification and these Terms shall thereby constitute a legal agreement between Launmark and the Buyer.
1. Advance Payment shall mean 75% of the Purchase Price that the Buyer is required to pay Launmark when placing the Order on Launmark.
2. Buyer shall mean any person who buys the Products from Launmark and shall include Customers and/or Dealers.
3. Cancellation Charge shall be the charge that is payable by the Buyer for cancelling an Order after it is placed and shall be the sum of 25% of the Purchase Price (40% of the Purchase Price if the Product or any part thereof is imported from outside India), transportation charges of the Product (s) or its parts to the Warehouse and other expenditures incurred by Launmark.
4. Customer shall mean any Buyer who is not a Dealer.
5. Dealer shall mean any Buyer who buys the Product(s) for onward sale to other Customers or Buyer who purchases Product(s) at the Purchase Price applicable to Dealers.
6. Order shall mean the order for the purchase of the Product placed by the Buyer with Launmark as per these Terms by signing the Quotation.
7. Products shall mean any and all laundry, dry cleaning or ironing machines or parts thereof manufactured or distributed by Launmark.
8. Product Delivery Period shall mean the time within which the Product shall be delivered from the date on which the Advance Payment is paid to Launmark.
9. Purchase Price shall mean the total price of the Products agreed to be paid by the Buyer as per the final Quotation shared by Launmark.
10. Quotation shall mean the details of the Products, its Purchase Price and other details issued by Launmark specifically to the Buyer as detailed under clause B.1.
11. Service Charges shall mean charges to be paid by the Buyer to Launmark for providing on-site service of the Product(s) which shall include the travelling and accommodation expenses of the agent/employee of Launmark.
12. Warranty Period shall mean a period of 12 months from the date of delivery of the Product to the Buyer by Launmark.
13. Warehouse shall mean any of the warehouses of Launmark in India where Products and/or its spare parts are manufactured and/or stored..
B. QUOTATION AND PAYMENT TERMS
1. Quotation. Launmark issues a Quotation (as appearing on page 1 of these Terms) to the Buyer after thorough analysis of Buyer’s requirement, site visits and discussions. Quotation shall include: (i) details of the Buyer; (ii) the details of the Product(s) the Buyer intends to buy from Launmark; (iii) the Purchase Price of the said Product(s) (iv) the Advance Payment amount; (v) transportation and delivery charges for delivery of the Product(s) to the Buyer(vi) additional charges (if applicable) for installation, commissioning etc. and (vii) the time period within which the Product(s) are ready for dispatch and may be inspected by the Buyer at the Warehouse. The Quotation shall be specific to each Buyer and shall not be relied upon by any other person other than the Buyer specifically mentioned in the Quotation. Upon receipt of the Quotation, the Buyer shall place the Order and make the Advance Payment for the Product(s) within 30 days from the date of Quotation, failing which the Quotation (including the Purchase Price quoted therein) shall lapse. The Advance Payment may be paid in instalments at the sole discretion of Launmark. The Buyer understands and acknowledges that Launmark incurs expenditure in issuing the Quotation as per the specific requirements of the Buyer.
2. Payment Terms:
i. The Purchase Price shall be exclusive of transportation and delivery charges and charges for installation or commissioning of the Product(s), utility connections like civil, electrical, plumbing or ducting works, unloading of the Product(s) at the Buyer’s premises, inland/local/import transport charges or insurance charges. For availing any of these additional services from Launmark additional charges over and above Purchase Price shall be applicable.
ii. The Buyer shall make the Advance Payment to the following bank account of
Launmark upon placing the Order:Bank:South Indian Bank Ltd,Thuravoor
South Branch, Kerala;A/c no.:0768083000000006;A/c Name:Launmark India Pvt. Ltd,IFSC: -SIBL0000768.
iii. The Buyer shall inspect the Product(s) at the Warehouse when the Product(s) reaches the Warehouse as per the Product Delivery Period mentioned in the Quotation. Upon inspection, the remaining 25% of the Purchase Price shall be paid to Launmark by the Buyer against the performa invoice raised by Launmark to its bank account mentioned in clause B (2) (ii). Only upon payment of remaining Purchase Price shall the Product(s) be delivered from the Warehouse to the Buyer’s premises.
iv. It is hereby agreed and confirmed by the Buyer that in the event Buyer cancels the Order, Cancellation Charge shall be paid by the Buyer to Launmark. Buyer acknowledges and understands that the Cancellation Charge is being charged on account of the expenses incurred by Launmark in connection with the Buyer having placed the Order including but not limited to the expenses incurred for analysing the Buyer’s requirements before issuing the Quotation. Cancellation charges shall be deducted by Launmark from the Advance Payment made by the Buyer. In the event, Advance Payment was not made in full and/or Launmark is not able to recover the full amount of the Cancellation Charge from the Advance Payment, Buyer shall be liable to pay Launmark the remaining amount of the Cancellation Charge and Launmark reserves the right to pursue such recourse as available to in law or equity to recover the same.
v. Product(s) once delivered to the Buyer’s premises shall not be returned. The Buyer agrees and confirms that if the Buyer cancels the Order after the Product reaches the Buyer’s premises, the Purchase Price shall not be refunded. However, Launmark may, in its sole discretion refund 75% of the Purchase Price in the event the cancelled Product(s) is bought by another Buyer.
vi. The Purchase Price provided to the Dealer is the price of the Product(s) applicable to Dealers only and not for Customers and the same shall be specified in the Quotation.
vii. In case of imported Product(s) or where part(s) in the Product(s) are imported the Purchase Price shall be subjected to change depending upon the exchange rate and other applicable duties and taxes which shall be paid by the Buyer at the time of delivery of the Product(s).
All Products are sold with the benefit and subject to the conditions of the warranty as follows:
1. Warranty for Products will only be available within the Warranty Period and provided complaints are received from the Buyer and registered within the said period by Launmark.
2. The warranty covers only manufacturing defects in material and workmanship that may arise despite normal operation and usage of the appliance, as prescribed in the brochure provided to the Buyer.
3. The warranty is not applicable to defects caused by misuse, neglect in usage or maintenance, accidents, exposure to extreme temperatures, excessive impact or transport damages.
4. The warranty for the Product(s) shall become null and void in the event installation, commission or any service is done to the Products(s) by any person other than employee/agent of Launmark.
5. The warranty for Products is limited to manufacturing defects which the Buyer is able to establish to the reasonable satisfaction of Launmark within the Warranty Period.
6. Service requests of Buyers shall not be registered or serviced by Launmark unless Buyer registers the service request by calling our customer care no. +919539000990 for Launmark.
7. Repairs of Product(s) or replacements of spare parts would be purely at the discretion of Launmark only. Launmark’s obligation under this warranty shall be limited to repair and providing replacement of defective parts only. It is hereby clarified that after the Warranty Period or for services rendered which are outside the scope of warranty as indicated in these Terms, Service Charges will be applicable for all on-site visits and the same shall be borne by the Buyer.
8. Spare parts which had manufacturing defect shall be replaced by Launmark. However, Buyer shall pay the duties and taxes as applicable to imported spare parts.
9. In certain cases Launmark may send spare parts to the Buyer (whether within warranty or otherwise) based on the serial no. communicated to Launmark by the Buyer. In the event the serial no. was found to be incorrect, the Buyer shall be liable to pay for the charges incurred on the spare part already ordered and/or sent to the Buyer without any risk to or responsibility of Launmark.
10. For Customers:
i. The Customers shall be provided on-site warranty for the Product(s).
ii. During the Warranty Period, Service Charge shall not be applicable to the Customers, provided the Product(s) has a manufacturing defect as assessed by Launmark. In the event, the agent/employee of Launmark upon site visit assess the defect (in his sole discretion) not to be a manufacturing defect, Service Charge would be applicable upon the prevailing rates of Launmark and the Customer shall pay the same to Launmark. The Customer agrees and understands that any further service of the Product(s) shall be done by Launmark only upon payment of Service Charge accrued.
iii. Warranty is not applicable for daily consumables in the Product(s) like washer, cap, gland, hose, tube, burner, plastic consumables etc.
i. Dealers shall have warranty only for the spare parts in the Product(s) and for manufacturing defects in the Product within the Warranty Period and shall not be available at the Dealer’s premises, i.e. on-site warranty is not available to Dealers. Launmark may assist the Dealers through telephone or video calls during Warranty Period for minor issues with respect to the Product(s) like leakage, loose belt or wire etc.
ii. For any service related to the spare parts, Dealer shall courier the defective part to our Warehouse at Alappuzha. Once Launmark ascertains, in its sole discretion, that there is manufacturing defect of the spare part, it shall send another spare part or repaired spare part to Dealer’s address. In the event, Launmark is of the assessment that the spare part does not have any manufacturing defect, the Dealer shall be charged for the service, repair or replacement.
iii. In the event Dealer requires on-site service of Launmark for the Product(s) bought by the Dealer, Dealer shall pay Service Charges to Launmark.
iv. It is hereby clarified that warranty for Product(s) sold to Customers by a Dealer will be available only till the expiry of the Warranty Period, irrespective of when the Product is sold/delivered to the Customer. In the event the Dealer sells the Product(s) or its spare parts after the Warranty Period, Launmark shall have no obligation to provide warranty to such Product(s) or spare parts sold to the Customers by the Dealer.
D. REPRESENTATIONS AND WARRANTIES OF BUYER
The Buyer represents and confirms that:
1. the Quotation of the Product(s) was issued to the Buyer by Launmark after providing site visit to the Buyer, detailed explanation and training provided with respect to the Product(s) and after addressing all queries and concerns of the Buyer.
2. It shall be solely responsible for satisfying itself that the Product(s) on which any information or recommendation(s) made by Launmark is based, is correct and that the Order is placed after being satisfied with the Buyer’s independent verification of the Product(s) in the Quotation.
3. It shall pay to Launmark Cancellation Charge as per the Terms in the event of cancellation of any Order.
E. INDEMNITY AND LIMITATION OF LIABILITY FOR PRODUCTS
1. The Buyer shall be liable for and shall indemnify Launmark against any and all expenses, loss or liability suffered by a third party or in a third party proceeding arising as a result of or in connection with any act, omission, negligence, and/or breach of these Terms by the Buyer or otherwise through the default of the Buyer.
2. Launmark shall have no liability, including for the loss of tangible or intangible property in respect of any Product(s) or defects thereof arising out of the act(s), omission(s), commission(s), negligence or default of Buyer, its employees, servants, and/ or agents including in particular but without prejudice to the generality of the foregoing, any failure by the Buyer to comply with any recommendations/instructions of Launmark as to the use of the Product(s) or other misuse of the Product(s) or accident or wear and tear of the Product(s).
3. All implied conditions and warranties are hereby excluded.
4. Launmark shall not be liable for any indirect, special or consequential losses (including, but not limited to loss of profit, revenue or other economic loss), costs, claims, liabilities or expenses of any nature whatsoever, whether arising out of any tortious act or omission or of any breach of these Terms or statutory duty or duty of care or any misrepresentation or of any other causes whether or not known to Launmark. The aggregate liability of Launmark (whether in contract, tort, negligence or breach of statutory duty or otherwise) to the Buyer for any direct loss or damage shall be limited to the Purchase Price paid by the Buyer or part thereof.
F. TRANSIT RISK
1. From the date of payment of Purchase Price to Launmark the title to and risk in the Product(s) shall pass to the Buyer who shall be solely responsible for their custody and maintenance.
2. Any damage caused to the Product(s) while in transit from the Warehouse to the Buyer’s premises shall be to the account of the Buyer.
3. The Buyer shall arrange for the transport of the Product(s) from the Warehouse to the Buyer’s premises or may request Launmark to arrange for delivery. Launmark may, at its sole discretion, agree to arrange for a transporter to deliver the Product(s) at the sole risk and responsibility of the Buyer.
G. MISCELLANEOUS CLAUSES
1. Launmark shall not in any way be affected, nor shall Launmark be held liable for any failure or delay in the delivery of Product(s) or performance of any undertaking as per these Terms if such failure or delay is due to any cause or causes beyond its control, including but not limited to fire, flood, damage by the elements, perils of the sea or air, accident, act of God, strike, lockout, or other labour disorder, act of foreign or domestic de jure or de facto government, whether by law, order, legislative decree, rule, regulation or otherwise, revolution, civil disturbance, breach of peace, declared or undeclared war, act of interference or action by civil or military authorities or due to any other cause beyond the control of Launmark.
2. All intellectual property rights in the Product(s) including the design thereof, patents, copyrights, logos, trade name, trademark associated therewith shall belong solely, exclusively and perpetually to Launmark [and/or the manufacturer Launmark purchases the Product(s) from] and Launmark reserves the right to the use of the said intellectual property. The Buyer may not use, or permit the use of, the logos, trade name or trademarks or any similar marks or use, copy or permit to be copied or reverse engineer any of the other intellectual property associated the Product(s) except strictly in accordance with these Terms, without the prior written permission of Launmark.
3. The rights and obligations pursuant to these Terms are governed by, and shall be construed in accordance with, the laws of India and courts in Alappuzha, Kerala shall have exclusive jurisdiction in relation to all disputes arising from these Terms.
4. All notices shall be issued to Launmark at the address mentioned in these Terms and to the Buyer at its address mentioned in the Quotation.
5. WE VALUE YOUR BUSINESS! For all Queries relating to re-ordering the machinery product related doubts please contact Launmark+918589013183
For delivery, account, Payment etc., please contact +918589031193