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Durga Bearings
General Conditions of Use for Durga Website

1. Scope
Durga Bearings Private Limited and its subsidiaries ("Durga") grants you (the "Customer") access to (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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