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Disclaimer |
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General Conditions of Use for Durga Website
1. Scope
Durga
Bearings Private Limited and its subsidiaries
("Durga") grants you (the "Customer")
access to www.durgabrgs.com (the
"Site") solely for the purposes of Sales
Order and data retrieval from Durga Bearings Private
Limited. Access to and use of the Site shall comply
with and be subject to the instructions and procedures
established by Durga Bearings Private Limited and
delivered to Customer from time to time, either
in writing or electronically and these Terms which
may be amended from time to time without specific
notice to Customer as posted on this Site. Durga
Bearings Private Limited may terminate Customer's
access at any time, without prior notice, for any
or no reason. Customer is responsible for maintaining
the confidentiality of its account number and/or
password and is responsible for all uses of its
account, whether or not actually or expressly authorized
by Customer. Customer shall immediately notify Durga
Bearings Private Limited if either its password
or user id is used in any unauthorized manner. Customer
shall not resell or transfer its access to or use
of the Site.
Customer, any users
of its account and any user of this site shall not
modify or tamper in any way with the site, including
without limitation, any software, data, or functionality
thereof nor use any automated procedure to gather
or any other means.
2.
Terms and Conditions of Sale.
All orders placed through the Site by Customer shall
be subject to Durga Bearings Private Limited prices
and standard terms and conditions of sale (please
refer the separate document “Terms of Sale
and Delivery”) in effect at the time of shipment,
except to the extent modified by a writing signed
by a Durga Bearings Private Limited officer. Prices
shown on the Site do not include shipping costs,
value-added or similar taxes.
3.
Rights of Use
Durga Bearings Private Limited provides access to
the Site solely as a convenience to Customer on
as an available basis to facilitate the placing
of orders and track delivery status with Durga Bearings
Private Limited. We have made efforts to make this
Site helpful, easy to use and, however, due to the
open structure of this Site, and the potential for
errors in the development, storage and transmission
of electronic content Durga Bearings Private Limited
does not warrant that the content is free of inaccuracies
of errors.
All content on this
site is provided "as is," without warranty
of any kind, either express or implied, including,
without limitation, the implied warranties of title,
non-infringement, merchantability or fitness for
a particular purpose. Durga Bearings Private Limited
does not warrant that the information contained
on this site will be uninterrupted or that this
site or the server from which this site is operated
or maintained is free of viruses or other harmful
components. All responsibility or liability for
any damages caused by any such viruses or harmful
components is hereby disclaimed. Customer waives
any and all claims against Durga Bearings Private
Limited and its affiliates, employees, agents and
representatives arising out of customer's access
to and use of the site and the information contained
therein. In no event shall Durga Bearings Private
Limited or any of its affiliates, employees, agents
or representatives be liable for any direct, indirect,
special, incidental or consequential damages whatsoever,
whether in contract, warranty, tort (including negligence)
or other grounds, arising out of or in connection
with access to or inability to access, or any delay
or interruption in accessing, the site or the use
of site content, even if advised of the possibility
of such damages. The negations of damages set forth
above are fundamental elements of the basis of the
bargain between Durga Bearings Private Limited and
customer. The site and the information would not
be provided without such limitations. No advice
or information, whether oral or written, obtained
by customer from Durga Bearings Private Limited
through the site shall create any warranty, representation
or guarantee not expressly stated in this agreement.
It is understood that the inventory information
on the Site is obtained from Durga Bearings Private
Limited 's computerized perpetual inventory records,
based on inventory transactions, and may not be
completely accurate. In any instance in which immediate
availability is critical, a physical stock check
should be obtained from the Durga Bearings Private
Limited facility that services the Customer. The
images shown on the Site are for representational
purposes only and may not portray the actual product.
Durga Bearings Private Limited may also change content
periodically without notice. Durga Bearings Private
Limited has no control over content provided by
others, and provides links to other sites for convenience
only. When Customer accesses a non-Durga Bearings
Private Limited Web site, Customer does so at its
own risk and Durga Bearings Private Limited is not
responsible for the accuracy or reliability of any
information, data, opinions, advice, or statements
made on these sites or for the quality of any products
or services available on such sites.
4.
Copyright
Durga Bearings Private
Limited owns or is an authorized user or
licensee of the content (including, without limitation,
all text, photographs, artwork, graphics, names,
logos, service marks and trademarks) displayed on
the Site. Durga Bearings Private Limited authorizes
Customer to view, copy and print the content displayed
on the Site solely for its legitimate business purposes
related to the purchase of products from Durga Bearings
Private Limited, provided, however, that any copy
of any content (or portion thereof) which Customer
makes shall include all copyright and other proprietary
notices. Any other reproduction, retransmission,
redistribution, publication, broadcast or circulation
of any content on the Site without the express prior
written consent of Durga Bearings Private Limited
is strictly prohibited.
5. Confidentiality
and Non-Disclosure
Customer will be exposed to content in the Site
that is confidential and proprietary to Durga
Bearings Private Limited, including, without
limitation, pricing, inventory and detailed and
compiled product information. Customer shall maintain
all such information in strict confidence and use
it only in a manner consistent with the purpose
of advancing the relationship between Durga Bearings
Private Limited and Customer. Customer acknowledges
and agrees that Durga Bearings Private Limited retains
all ownership in content displayed on the Site and
communications transmitted through the Site.
6. Dispute Resolution
Actions by Durga Bearings Private Limited
for non-payment by the Customer for the purchase
price of products sold by Durga Bearings Private
Limited through this Site or otherwise, or for redress
of other breaches by the Customer of the Terms of
Sale or Terms of Use, may be brought by Durga Bearings
Private Limited, at its option, before any judicial
court of competent jurisdiction. At Durga Bearings
Private Limited 's option, disputes between the
Customer and Durga Bearings Private Limited, including
all claims of non-performance by Durga Bearings
Private Limited , shall be finally settled by court
of law in the city where from Durga Bearings Private
Limited raised the Sales Invoice.
7. Foreign Corrupt Practices Act
Buyer acknowledges that it is not the agent of Durga
Bearings Private Limited and represents and warrants
that it has not, and covenants that it will not
pay anything of value to any government employee
in connection with the resale of the products sold
hereunder.
8. Indemnity
Customer agrees to indemnify and hold Durga Bearings
Private Limited , and its subsidiaries, affiliates,
officers, agents or other parties and employees,
harmless from any and all claims or demands, including
reasonable attorneys fees, made by any third party
due to or arising out of Customer's use of the Site,
any data provided by the Customer to the Site, Customer's
connection to the Site or the Customer's violation
of these terms or the violation of the rights of
another person or entity related to Customer's accessing
or use of the Site. The Customer further agrees
to indemnify and hold Durga Bearings Private Limited
harmless from and against any and all claims, losses,
liabilities and damages, including reasonable attorneys
fees, resulting from the connection to or interface
of the Site with any e-marketplace or e-procurement
application selected, used or operated by the Customer,
which such interface shall only be made with the
written consent of an authorized corporate officer
of Durga Bearings Private Limited.
9.
Entire Agreement
These Terms of Use constitute the entire agreement
between Durga Bearings Private Limited
and Customer, concerning the use of the Site, except
to the extent that other agreements, terms, conditions,
instructions and procedures are expressly referred
to herein, and it supersedes all other prior and
contemporaneous statements, communications, and
documents.
10. Governing Law and
Jurisdiction
This Site (excluding linked sites) is controlled
by Durga Bearings Private Limited from its offices
within India. By accessing this Site, you and Durga
Bearings Private Limited agree that all matters
relating to your access to or use of, this Site
and the validity and performance of these Terms
shall be governed by the Indian e-commerce law.
Use of this Site is unauthorized in any jurisdiction
that does not allow for full effect to all provisions
of these Terms of Use and Durga Bearings Private
Limited's Terms of Sale including without limitation
this provision and the warranty and disclaimer of
liability exclusions herein.
Durga Bearings Private Limited makes no representation
that materials, services or products available on
this Site are appropriate or available for use in
other locations and accessing them from territories
where their contents are illegal is prohibited.
Those who choose to access this Site from other
locations can do on their own initiative and are
responsible for compliance with local laws.
11. Miscellaneous
Any cause of action by Customer with respect to
its use of the Site must be instituted within one
(1) year after the cause of action arose or be forever
waived and barred. Durga Bearings Private Limited
failure to enforce any provision of these Terms
shall not be deemed a waiver of such provision nor
of the right to enforce such provision. If any provision
hereof shall be unenforceable, invalid or void for
any reason, such provision shall be automatically
voided and shall not be part of these Terms and
the enforceability or validity of the remaining
provisions of these Terms shall not be affected
thereby. Durga Bearings Private Limited's failure
to enforce any provision of these Terms shall not
be deemed a waiver of such provision nor the right
to enforce such provision.
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