SALES CONDITIONS - INDIA

DELIVERIES:

Delivery is understood to be made to all intents and purposes with the verbal or written communication that the goods are at the buyer’s disposal for collection, or at the time of delivery to the first carrier, regardless of whether the carrier has been commisioned by the customer or by Motovario Group. After delivery has been made, all risks concerning the material sold are taken on by the buyer, independently of the applicable incoterms. Shipment is always made at the buyer’s risk and cost with the means we consider the most appropriate, if no particular instructions have been provided. Loss, delay and damage to material as a consequence of shipment cannot be attributed to Motovario Group. In the case of shipment by our vehicles, this is understood to be made with carriage forward at best and under the buyer’s full responsibility. In the event of delay in collecting the goods, anyhow ready, for any reason beyond our control, after eight days of the communication of the goods being ready, Motovario Group may have the packing, shipment or storage of the goods made at the Buyer’s expense and issue an invoice for the sale of the material.

EXPORT CONTROL

Each Party agrees to comply with all applicable export control, import, and economic sanctions laws and regulations of the United Nations, United States, European Union and other governments, and each Party shall not, directly or indirectly, export or re-export any product or any part thereof, any information, technical data to any destination or country restricted or prohibited by such Laws and regulations, as they may be amended from time to time.
In the event that Purchaser or end-user be restricted or prohibited by such Laws and regulations abovementioned before shipment, MOTOVARIO may terminate purchase order without being liable for any loss, damage, detention, or delay and may claim Purchaser to compensate for the direct damage.

COMPLAINTS

Any complaints or claims made by the buyer on the finished product must be notified to the seller in writing within 8 days of the date of receiving the goods.

WARRANTY

Motovario Group guarantees the product sold for 12 months from the date delivery warranty is limited to repair or replacement, free at our plant, of defective parts due to an ascertained defect of material or manufacture. The parts replace remain our property. All other compensation is excluded, not can any direct and/or indirect damage by claimed of any nature, (for example, oil seals or lubricants leakages cause by normal wear). Warranty is excluded for materials and parts object to natural wear or deterioration instructions or that are any how modified, repaired or even partially dismantled, or stored, installed, maintained or lubricated not in a proper way. The warranty is also excluded for damages, defects or malfunctions caused by external components (such as, for example, couplings, sprockets, pulleys, motors not produced by Motovario, etc.. ) or by incorrect installation of them. Verifying the compatibility of applications and correct mechanical couplings and electrical connections with the specifications of Motovario products, as indicated in the manufacturer's catalogues is solely to the concern and responsibility of the buyer.

LIABILITY FOR DAMAGE

The liability of Motovario Group is strictly Limited to the above-stated obligations and it is therefore clearly agreed that we take on no responsibility for any damage deriving from accidents of any nature that may occur during use of the products sold, whether they be considered defective or otherwise, also in cases of the choice of application being recommended by personnel of the Motovario Group Sales Organization. When applying geared or motorvariators the user is in any case obliged, under his own exclusive responsibility, to proceed with the utmost prudence and make provision for safety devices in conformity with the applicable directives, standards and technical regulations, and anyhow adequately to limit damage to persons and/or property deriving from their possible defectiveness.

PLACE OF FUFILMENT AND JURIDICTION

The place of fulfillment for both parties is the supplier's offices. The jurisdiction for any dispute deriving of indirectly from the contact also in the case of lawsuits for bills of failure to pay cheques - is therefore for the Judiciary Authority of Hon. Kolkata High Court where the seller has its registered office. Relations between the parties are governed solely by Indian law.