Terms & Conditions

VALIDITY

This offer shall remain valid for a period of 30 days from the date hereof, subject to escalation clause mentioned below.

ESCALATION CLAUSE

The prices quoted are based on the current rate of raw material, duties, taxes and labour. If, between the date of the quotition and finalization of the contract, there be any increse or upward revision against the above, same shall be borne by the dealer.

FORCE MAJEURE

DGPL shall not be liable or held responsible for any breach or non-performance either in whole or in part for delay in performance of this supply, as a result of strike, lockout, industrial disturbances, labour disturbances, fire breakdown or any acts of God, riot, war, insurrection or restraint imposed by the Government Act of Legislature or any other authority, state or national emergency, power shortages and conditions arising or for similar causes bryond our Company's control and not preventable by reasonable diligence on our part.

DESIGN SPECIFICATION

DGPL reserves the right to make any alteration in the design at any stage of fabrication of the tank, piping, layout plan and any other fabrication item without sacrificing the usage conditions and with the due approval of third party inspection authorities and client. Also in case of any disputes on technical conditions, the decision of third party inspection agency shall be binding on all the parties.

ACCEPTANCE

No order whether based on the offer or otherwise, shall be binding on DGPL until it has been sent to us in writing and accepted by us in writing.

GUARANTEE

DGPL guarantees the goods for workmanship only for a period of 12 months beginning not later than four weeks from the date of dispatch to following conditions-

a. DGPL shall without cost, repair or replace all goods that have been severely damaged and whose serviceability has been seriously impaired or specially damaged arising out of improper workmanship when the cause for such damage has been shown to have occurred before the transfer of risk. The discovery of such deficiencies must be reported promptly to us.

b. Our guarantee does not apply to defects, damage or other deficiencies resulting from material supplied by the customer or from a design prescribed by the customer.

c. Our guarantee does not apply to damages resulting from the following causes:
Incorrect or negligent operation or maintenace of the equipment, excessive stresses, abnormal wear and tear, alterations or repairs not authorized by us.
Supplier will not bear the burden of proof in such case. The decision of supplier's representative will be final in case of tampering and mishandling of the equipment.

d. For bought out items from sub-contractors/suppliers whatever guarantee is given by them, the same back-to-back guarantee shall apply to the supplies under the contract.

e. The termes of guarantee of goods replaced or repaired under our liability shall cover only to the period of the original guarantee and not from the time of replacement.

f. In all cases, the customer shall bear the cost of transportation of the defective and repaired or replacement goods between the point of consignment and the original point of invoicing.

g. Additional claims of the customers, especially for consequential damage are excluded; whatsoever may be the legal basis.

h. Our liability applies only after customer has complied with the obligations of the contract, especially the terms of paymemt.

ABRITRATION

In the event of any dispute or difference arising with regard to the construction, meaning and effect of the contract or any conditions hereof, or any matter relating to the contract shall be referred to Arbitration by a Arbitrator appointed and/or nominated by DGPL. The decision of the Arbitrator shall be final and binding upon both the parties. This clause shall be deemed to be a submission within the meaning of the Arbitration Act 1940 including statutory modification and re-enactment.

JURISDICTION

All disputes arising out of a contract on the basis of the quotation shall be subject to Nashik jurisdiction only.