In these Terms & Conditions: (a) “Company” means TORNA/ASI (as applicable) and its affiliates; (b) “Client” means the party to whom the quotation/invoice is addressed; (c) “Goods” means the materials, equipment and items to be supplied; and (d) “Services” means the fabrication, installation, civil or engineering works and related activities described in the quotation or work sheet.
All taxes, duties, levies or charges applicable to the transaction which are not expressly stated as included in the quoted price shall be charged to and paid by the Client in addition to the quoted price.
The prices quoted in the quotation are inclusive of Central Sales Tax and, where feasible, Post/Courier/Transport charges as expressly stated. The Company reserves the right to adjust prices where inclusion is not feasible or where statutory rates change prior to delivery.
The Company shall use commercially reasonable efforts to meet agreed delivery dates, but shall not be liable for any delay in transit, carriage, or delivery caused by carriers, customs, or other third parties. The Company (ASI/TORNA) cannot be held responsible for delays in transit.
All sales of Goods are final. Goods are not returnable and are non-refundable, except as expressly provided in a separate written agreement between the Parties or as required by applicable mandatory law.
All materials supplied by the Company shall conform to the specifications agreed in writing and shall be ISI marked where applicable. Skilled labour, tools and site-specific equipment required for fabrication and installation of obstacle and rope course components (for example, MS pipes, welding equipment, power supply, etc.) and any labour required for civil work at the site shall be provided or arranged by the Client at the Client’s cost. The Client acknowledges that the estimated additional cost for such client-arranged civil works and site provisioning is approximately INR 2.0 to 2.5 lakhs (indicative).
The Company shall forward a proposed job schedule only after inspection of the Client’s civil and engineering works and upon compliance with the guidelines set out in the Work Sheet. Any commencement of on-site Services prior to completion of agreed civil/engineering prerequisites shall be at the Client’s risk.
All expenses related to boarding, lodging and local transportation of the Company’s supervisors, technicians and staff engaged on the project shall be borne by the Client.
A minimum lead time of two (2) weeks is required for procurement, preparation and transportation of the materials necessary to perform the Services, unless otherwise agreed in writing.
Payments shall be made in cleared funds by cash, cheque, demand draft (DD), or wire transfer to the bank account designated by the Company. The Client is responsible for any bank charges or transfer fees.
Any advance payment received by the Company shall be refundable only if the Company is unable to procure the required material or is unable to perform the Services for reasons within the Company’s control; in such event the advance shall be returned to the Client without undue delay. Where non-availability results from causes outside the Company’s reasonable control (including force majeure), the Company’s obligations shall be governed by the Force Majeure clause below.
The quotation is valid for fifteen (15) days from the date of issue, unless otherwise specified in writing. Rates quoted remain subject to change until finalization of the Work Sheet and execution of a binding agreement.
These Terms & Conditions and any dispute arising out of or in connection with them shall be governed by the laws of India. The Parties agree that the courts in Delhi shall have exclusive jurisdiction to hear and determine all disputes arising out of or in connection with these Terms & Conditions.
The Client shall indemnify, defend and hold harmless the Company, its officers, employees and agents from and against any claim, loss, liability, damage or expense (including reasonable legal fees) arising out of: (a) the Client’s breach of these Terms; (b) the Client’s provision (or failure to provide) of civil works, site access, or materials; or (c) the acts or omissions of the Client’s employees, agents or contractors.
Except in respect of death or personal injury resulting from the Company’s negligence or as required by applicable mandatory law, the Company’s total liability arising out of or in connection with the supply of Goods or Services shall not exceed the value of the specific order to which the claim relates. In no event shall the Company be liable for any indirect, incidental, special, punitive or consequential losses.
Neither Party shall be liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including but not limited to acts of God, war, strikes, government actions, epidemics, transport failures, or shortages of raw materials. The affected Party shall notify the other promptly and the time for performance shall be extended for a period equal to the duration of the force majeure event.
If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms & Conditions, together with any quotation, work sheet and written agreement signed by the Parties, constitute the entire agreement between the Parties in relation to the subject matter hereof and supersede all prior communications, representations or agreements, whether oral or written.
