TERMS AND CONDITIONS 

  1. Scope; Changes

The terms and conditions stated herein (this “Agreement”) govern all sales of products or services (“products”) by https://bhaibhaistores.in/. (collectively, “we,” “us,” “our,” or “seller”) to you or the entity you represent (“you” or “buyer”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor) and that if you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have the legal authority to bind that entity. Unless otherwise agreed to in writing by seller’s authorized agent, any terms and conditions contained in buyer’s purchase order or any other document that are different from or in addition to these terms and conditions are objected to, are rejected, and will not be binding on us. By placing an order for products from us, or by accepting delivery of the products described on the applicable packing slip, bill of lading and/or invoice received with the products, you agree to be bound by and accept these terms and conditions of sale.

We may change the terms and conditions of this Agreement in our sole discretion by posting an updated version of these terms and conditions at this location; providedhowever, that the terms and condition of this Agreement in effect as of the date of an applicable order shall continue to govern such order and the products purchased thereunder.

  1. Order Acceptance
  2. a) Your receipt of an email or other form of order confirmation does not constitute our acceptance of your order or a confirmation of an offer to sell.
  3. b) We reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to anyone.
  4. c) All orders are subject to review and acceptance by us. You agree to provide complete and accurate contact information in connection with any order submitted to us. Verification of information may be required prior to the acceptance of any order.
  5. d) In the case of pre-stocked finished goods, order acceptance is designated by fulfilling the order. In the case of products requiring post-order processing (including but not limited to design, material purchase, manufacturing or test), order acceptance is designated by performing activities unique to the order.
  6. Order Cancellation
  7. a) Orders fully or partially processed by seller may not be cancelled by buyer.
  8. b) Products not previously stocked as finished goods are both Non-Cancelable and Non-Refundable (“NC/NR”). NC/NR products include cable assemblies, special orders, custom orders, orders for non-standard products, products not customarily in stock, scheduled orders requiring special procurements, or orders for products requiring assembly or manufacturing activities prior to shipping (not stored in completed state) as well as purchased services such as special testing or product modifications.
  9. c) In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses then incurred and commitments made by seller, shall be paid by buyer. Buyer’s requests to reschedule are subject to acceptance by seller in its sole discretion. Orders may not be rescheduled after the order has been submitted by seller to the shipment carrier.
  10. Prices
  11. a) Orders are billed at the prices (in INR) in effect at the time of shipment.
  12. b) Prices will be as specified within seller’s website or as stated in seller’s quote / proposal. If no period is specified, quoted prices will be applicable for thirty (30) days.
  13. c) For catalog products, the website contains the most current catalog pricing and is the price reference for such orders. Pricing included in the catalog is for reference only and final pricing is determined by the published website price.
  14. d) For non-catalog products and services, prices cited are based on current costs and are subject to reasonable adjustment on or after the date of acceptance of any purchase order to meet a rise or fall in such costs, as computed on the date of delivery.
  15. e) Prices are subject to change without notice.
  1. Limitation of Liabilities; Indemnity
  2. a) IN NO EVENT WILL SELLER BE LIABLE TO BUYER OR TO ANY THIRD PARTY FOR ANY DELAY, FAILURE TO GIVE NOTICE OF DELAY, LOSS OF USE, SECURITY OR DATA BREACH, LOSS OF REVENUE OR PROFIT OR LOSS OF DATA, RECALL COSTS, SERVICE INTERRUPTIONS, DOWNTIME, TESTING, INSTALLATION, REPLACEMENT, OR REMOVAL COSTS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCTS WHICH ARE THE SUBJECT OF THE CLAIM. THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 12 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
  3. b) Buyer shall defend seller from and against any claims, actions, proceedings, or suits brought by any third party (i) alleging infringement of intellectual property rights arising out of or in connection with seller’s compliance with buyer’s drawings, specifications, requirements or instructions or (ii) arising out of or in connection with the products supplied by seller and incorporated into the buyer’s products (each a “Claim”) and shall indemnify and hold harmless seller from any costs, liabilities, damages, fines, judgments, or expenses (including reasonable attorneys’ fees) arising out of or in connection with any Claim.

 

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