In these Terms and Conditions of Sale (“Terms”), “Goods” means the goods subject of the Contract; “DR. NANO INC.” means the entity selling the Goods; “Client” means the entity purchasing the Goods; “Contract” means each contract between DR. NANO INC. and Client for the sale and purchase of Goods.
Title to the goods will not pass to the Client until the following is completed:
Until the Goods pass to Client, Client must:
Any quotation made by DR. NANO INC. will not be construed or operate as an offer or obligation to sell. DR. NANO INC. reserve the right to accept or reject in its absolute discretion any order received. Client will not be entitled to cancel or refuse delivery of, or payment for, any order made by him, which has been accepted by DR. NANO INC.
The price payable to DR. NANO INC. by Client for the Goods will be the price agreed, failing which it will be the price prevailing at the date the Goods are dispatched by DR. NANO INC. for delivery to Client. Prices are payable in Indian currency and exclusive of delivery costs, taxes, duties and other imposts which, if chargeable, are payable by Client. Prices quoted in any DR. NANO INC. price list are suggested prices only and may be changed by DR. NANO INC. without notice.
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Buyer acknowledges that the Goods leaving DR. NANO INC.’s premises are adequately packed. Claims for damage in transit must be made against the carrier and, while DR. NANO INC. will not accept liability for any damage, details of any claim must be promptly advised to DR. NANO INC. Prior to acknowledging delivery to the carrier, Client must ensure that the complete consignment has been received as specified in the carrier’s note. Any shortage or visible damage to outer packaging must be endorsed on the carrier’s note. Any shortages and/or damages must be reported to DR. NANO INC. within 3 days of receipt.
Subject to these Terms, DR. NANO INC. will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Client or any other person, arising out of or in connection with, the Contract (including, without limitation, liability due to negligence or wilful default of DR. NANO INC. and any delay in delivery) or any error (whether negligent or not) in information supplied to Client in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by DR. NANO INC. of its right under Breach by Client will indemnify DR. NANO INC. in relation to any such loss, damage, expense or injury.
Despite any other term or condition of the Contract, DR. NANO INC. will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Client or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond DR. NANO INC.’s reasonable control.
If Client breaches a Contract or DR. NANO INC. is not satisfied of a Client’s ability to pay or otherwise comply with each Contract, DR. NANO INC. may by notice to Client, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and make all amounts then outstanding by Client to DR. NANO INC. immediately due and payable.
DR. NANO INC. has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment, or document forming part of a Contract. Although care has been taken to ensure the accuracy of the data contained in this publication, DR. NANO INC. does not assume any liability for errors or omissions.
The only terms of the Contract are those agreed to in writing by DR. NANO INC., these Terms (to the extent they are not inconsistent with terms agreed to in writing by DR. NANO INC.) and those which are implied or imposed by law (including the Trade Practices Act 1974) to the extent that it is not lawful or possible to exclude them. All other terms, conditions and warranties are expressly excluded. If a conflict arises between the terms of any order made by Client and these Terms, these Terms will prevail. An agreement to deliver the Goods in installments is taken to be separate Contract for each installment. The laws of Ichalkaranji govern these Terms and Conditions and any Contract that includes them and DR. NANO INC. and Client submit to the jurisdiction of the courts of the Ichalkaranji. If a term is held to be unenforceable, the remaining terms will apply.
DR. NANO INC. will not be liable to the Client in the event that delivery of goods is delayed irrespective of the cause.