Conditions of Contract


We guarantee the equipment for 12 months, after putting the elevator into working order and we undertake to supply, free of cost all parts necessary to make good any defect in the material supplied by us, occurring during the time mentioned due to ordinary wear and tear, will full or accidental damages or other causes beyond our control and is subject to the conditions that our liability under it shall be limited to making good the defects mentioned above that all equipment shall be clean and free from dampness.

Our guarantee does not cover cage, light, fan, reflector bulb, mirror, cells and bells. If any third party is entrusted with the maintenance or or repair of our materials, or is allowed to interfere with it in any way our guarantee ceases immediately.


Our quotation includes for 12 months of free maintenance. The period of this maintenance will be deemed to commence on the date the installation is completed and offered for inspection. The date of commencement of this service will remain unchanged irrespective of any delay in building completion, availability of permanent power supply, inspection.

Taking over of commencing use of the elevator. We do not assume possession or control of any part of the equipment but they remain the owner's ( for los-see) property exclusively thereof. The Parts which are replaced will be our property.


10% of the contract amount as advance along with order, 15% of the contract amount against approval of the layout drawing from your side submitting the same to lift inspector, 20% of the contract amount against first lot materials intimation being ready for delivery, 25% of the contract amount against second lot materials intimation being ready for delivery (with 15 days from the date of first lot delivery) 20% of the contract amount against third lot matrials intimation being ready for delivery. Balance 10% will be against completion / PWD inspection. If the 3- Phase power supply is not available within 30 days from the date of completion of erection, the balance 10% of the contract amount should not be withheld, as it is not our responsibility.

OR

10% of the contract amount as advance along with order, 15% of the contract amount approval of the layout drawing from your side, 65% of the contract amount against the intimation of the full material is being ready for delivery, 10% against completion of erection and PWD inspection. If the 3-phase power supply is not available within 30 days from the date of completion of erection, the balance 10% contract amount should not be withheld, as it is not our responsibility.


The contract amount of the accepted oder is valid for 8 months from the date of the acceptance of this estimate. If dalay occurs from your side due to any reason, 15% of the contract amount will be charged extra and this price will be valid for next 6 months and thereafter revised estimate will be submitted as per the prevailing price at that time.


The material for elevator can be kept ready for delivery in about 2-3 months after receipt of with advance payment settlement of all technical data and approval of our layout drwing whichever is later.


The time required for erection will be about 2-3 months after the complete materials have been delivered at site, or after the elevator shaft, machine room etc. are made available to us complete in all respects to our requirement as per layout drawing to carryon our erection work uninterruptedly, whichever is later.


You agree that the hoistway and machine room along with preparatory work shall be ready and the proper current available by he required date,after which we are to have their uninterrupted use.

  • We cannot take any responsibility for delayed delivery or handing over the elevator, if theterms of payment are not observed,ifthe builders work excluded from our contract are not completed before the date on which erection is to be started, if formalities are delayed due to non payment of fees or if necessary technical details are missing etc.
  • The above delivery and erection period is given in good faith basis on present day working conditions. Every effort will be ,made to supply the equipment within the period indicated, but we will not hold ourselves liable for any penalty or damages owing to the dealy beyond our control (such as local strikes, mobilisation, war and natural calamity etc.
  • Even though the equipment and materials brought at site would continue to be our property, the customer would be responsible for the damage caused to or destruction of the same arising from or occasioned by war or any other cause including theft, pilferage, etc. In such an event, We shall be entitled for the compensation for such loss arising to us. The customer will also be responsible for similar damage and destruction of the works already carried out if required such damage, or destruction will be made good at the entire cost of the customes at a price and on conditions to be agreed upon.
  • Even though the property( materials and equipment) will continue to vest in us till they are Installed and the full contract amount is paid, the risk in them regarding loss or damage etc. After they are received at the site would be on the customer's account. If the materials or equipment are lost or damaged after they are received at site, we shall be absolved from all further liabilities regarding the same but if required the replacement of such goods or equipment will be effected at prices and no condition rulling at the time when instructions are accepted from the customer to replace and no condition rulling at the time when instructions are accepted from the customer to replacement. In case of partial loss or damage the customer shall be responsible for the partial loss or damage.
  • If the purchaser fails to take delivery of materials against our advice due to any reason, we shall charge interest @ 21 % per annum and also handing, storage rent and insurance, etc.
  • Our offer is strictly limited to the items or equipments detailed in our specification, irrespective of what has been specified in your enquiry. If any additional material are required they will be charged and paid for extra at agreed rates.
  • Notwithstanding anything to the contrary on the contract this is an entire and individual works Contract which does not stipulate any sale materials and that the property in the materials and Equipment shall pass to the customer only when the entire elevator is installed and the amount is received in full, whichever is later.
  • Any order will only include such goods accessories work as are herein specified and will be Subject only to such variations and/or additions as any have been expressly accepted by us in Writing before the contract becomes binding. Any work or materials not specifically referred to will be charged at extra.
  • All descriptive and forwarding specification, drawing and particulars of weights of machinery and packages submitted with this offer are approximate only and are given without guarantee and the description and illustration contained in our catalogue, price lists and other advertising material are indented merely to present a general idea of the goods described therrin and without guarantee as to the correctness or otherwise of any such description or illustration. Drawings, illustration and specification submitted by us either with this offer or in connection with a subsequent order may not be transferred to a third party without our prior permission in writing and the customer must not impart any information contained therein to a third party without written consent.
  • It is agreed that all the apparatus furnished hereunder can be removed without material injury to the freehold and we retain title thereto until final payment in cash is made, with the right to retake possession of the same or any part thereof at your cost. If default is made by you in any of the repayment irrespective of the manner of attachment to the reality, the acceptance of notes, extension of time, payment or the sale, mortgage or lease of the premises.
  • Wherever either in our quotation or in our correspondence a separate price is stated for labour or erection, he same is done for the facility ofrecovering advances or adjusting the of price the entire contract. The breakup of the contract into its various components at any stage does not signify and divisibility or this contract involving sale of movable at any stage.
  • This contract is for supply, erection, and packing cases. Leftover materials, tools tackles, i Instruments, etc. brought to the site shall remain our property.

Arbitration

In the event of any question of dispute of difference whatsoever arising between us and you in relation to or in connection with the contract either party may give to the other in writing or the existence of such question dispute or difference and the same shall be referred to arbitration as provided for and in accordance with the provisions of Indian Arbitration Act. All proceeding related to this contract shall be institued in Mumbai.

All disputes arising out of this contract are subject to the jurisdiction ofMumbai courts only.

Termination

In case the contract is cancelled by you, the following amount shall become payable to us immediately on cancellation:-

  • 10% of the contract value if the order is cancelled before the general arrangement drawing is prepared.
  • 25% of the contract value if the order is cancelled within one month after the general arrangement drawing is approved by you.
  • 65% of the contract value if the order is cancelled after two months of approval of general arrangement drawing.
  • For the purpose of order cancellation the advance and all other amount paid by you on account of the contract shall be adjusted and the balance shall be recovered as the case may be.