Unless otherwise openly agreed in writing, the conditions as set out below apply to each and every transaction for the sale of materials and goods and/or design services by Atma Electronics to a purchaser of Goods and/or Services.
These conditions shall apply to all orders placed with Atma Electronics by the purchaser. Acceptance by Atma Electronics of any order is conditional upon acceptance by the Purchaser of these conditions which shall override all other terms and conditions inconsistent herewith, whether expressed, implied or otherwise including terms, conditions or terms contained in the Purchaser's purchase order or other form of writing or otherwise agreed by the Purchaser and with are at variance with or additional to these conditions. The same shall not be binding upon Atma Electronics unless specifically accepted and signed by Atma Electronics .
Risk of loss due to damage or destruction of Atma Electronics’s Products shall be the responsibility of the Purchaser after delivery to the carrier for shipment. Atma Electronics will select the shipper unless Purchaser requests a reasonable alternative. All orders are subject to acceptance by Atma Electronics .
Purchaser shall not, at any time, directly or indirectly, use any intellectual Property of Atma Electronics , or engage or attempt to engage or assist any other Person to use any intellectual Property of Atma Electronics . Purchaser specifically undertakes and agrees that Purchaser shall not (and shall ensure that its Affiliates do not), “reverse engineer”, adapt, or modify the Products, the Spares or any parts thereof or their components, or make any attempts to do so whether for its own benefit or that of any third party, or assist any third party in doing the same, and hereby expressly waives any rights that it may have under applicable law in this regard.
Purchaser shall have no claims or rights in respect of any trademark and/or trade name / brand name owned, possessed or used by Atma Electronics including the Trademarks, or the goodwill associated therewith, and Purchaser hereby agrees and acknowledges that it does not and shall not acquire any rights in respect thereof.
Purchaser agrees to protect Atma Electronics and hold Atma Electronics harmless from any loss or claim arising out of the negligence of Purchaser in the installation, use of AtmaElectronics’s Products.
“Confidential Information” as used in this shall mean any and all technical and non-technical information including but not limited to legal and non-legal opinions, financial details, patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software, software programs, software source documents, Application Program Interface.(API), designs, drawings, sketches and formulae related to the products and services of Atma Electronics , and includes, without limitation, their respective information concerning development, design details and specifications, engineering, information and documentation.
Governing Law: This contract shall be construed and interpreted in accordance with the laws of Republic of India and the courts of Bangalore, India hall have exclusive and sole jurisdiction over this Agreement.
Acceptance of a purchase order by Atma Electronics cannot be construed or implied to create an responsibility on AtmaElectronics 's part to accept, subsequent purchase orders for any of the goods and/or services.
The prices of the Goods or Services are the prices contained in Atma Electronics non-binding quotation or is the current list price as displayed on the web site. However this price is exclusive of Taxes, delivery, packaging, carriage, insurance, custom duties which may be charged.
Atma Electronics reserves the right to adjust the price at any time.
For all international users of Atma Electronics pricing should be strictly be in USD/EURO/GBP. If checked out in Rs. the order is invalid.
3.Delivery / Disturbution:
Delivery charges are applicable at actual cost to all orders unless picked up directly from one of our premises. Delivery occurs when the Goods are handed over to the Purchaser or carrier company or delivery representative. Delivery dates quoted are approximate only and Atma Electronics will not be liable for any delay in the delivery of the Goods.
If the Purchaser fails to take delivery of the Goods or fails to give adequate delivery instructions & it returns to Atma Electronics then Atma Electronics reserves rights to decide whether to resend parcel or not.
Any claim by the Purchaser for non or incorrect delivery must be advised to Atma Electronics within 10 days of receipt of the goods.
4.Risk and Property :
Risk of damage to or loss of the Goods passes to Purchaser on delivery or, if the Purchaser fails to take delivery without good cause, at the time when delivery is tendered.
Title to and property in the Goods does not pass to the Purchaser until Atma Electronics has received full payment of the Price and all other sums due to Atma Electronics from the Purchaser.
5.Limitation of Liability:
The Purchaser shall accept sole responsibility for and Atma Electronics shall not be liable for any use of the product purchased from Atma Electronics by the Purchaser, it's agents and employees and the Purchaser shall hold Atma Electronics harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such useThe Purchaser shall accept sole responsibility for and Atma Electronics shall not be liable for any use of the product purchased from Atma Electronics by the Purchaser, it's agents and employees and the Purchaser shall hold Atma Electronics harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.
Atma Electronics is not liable to the Purchaser because of any representation, or any warranty (express or implied), condition or other term, or any duty in common law, or under the express terms of the Contract, for : (a) any loss of profit, business contracts, opportunity, goodwill, revenue, anticipated savings, expenses, costs or similar loss; and/or (b) any indirect, special or consequential loss or damage; and in the case of either paragraph (a) or (b) above whether caused by negligence, breach of contract, tort, or breach or statutory duty of Atma Electronics , arising out of or in connect with the Contract.
Any other liability of Atma Electronics to the Purchaser in contract, tort, and negligence, breach of statutory duty or otherwise arising out of or in connection with the contract is limited to the Price.
All our parts are tested and free from defects. If defects arise, we will at our option, repair or replace the products purchased. Our liability under this warranty is subject to us being satisfied that the material is faulty due to poor quality material or workmanship. We will not be responsible for any damage caused by incorrectly connecting or improper use of the material. Furthermore, we will not be liable for any damage to third party or attached equipment to which these products are used.
These Conditions and the documents referred to in them, set out the entire agreement between the Parties and supersede any prior written or oral agreement between them relating to the subject matter of the Contract and the Purchaser acknowledges that in entering into the Contract, it has not relied on any representation not expressly set out in the Contract.
If any provision of these Conditions is held to be illegal, void the legality, validity and enforceability of the remainder of the Contract is not to be affected.
Nothing in this contract excludes liability for fraud.
No person (either legal or natural) who is not a Party has a right to enforce any term or condition of the Contract.
All suspected fraud causes are handed directly to the relevant authorities without exception.
Currently our cart is under testing and hence we reserve all rights to change pricing even upon successful checkout.