1.1 We, A.T.E. Enterprises Private Limited, offer this website, store.ategroup.com, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By visiting our site and/or purchasing our products or services, you engage in our “Service” and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.3 Please read these Terms and Conditions carefully before accessing or using our website, store.ategroup.com By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access this website or use the Service.
1.4 You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.5 You understand that your content (except the payment related information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment related information is always encrypted during transfer over networks.
1.6 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
2. General conditions
2.1 All contracts for the supply of goods and services entered into for sale by A.T.E. Enterprises Private Limited shall be deemed to have been entered into upon and subject to the terms and conditions hereinafter contained.
3.1 Seller: A.T.E. Enterprises Private Limited.
3.2 Buyer: The party who places the order or intends to place the order to buy the products and/or Services.
3.3 Products: Products means the goods offered for supply or supplied by the Seller to the Buyer.
3.4 Services: Services means any services to be performed for the Buyer by the Seller under these Conditions of Sale.
3.5 The Seller reserves the right to refuse Service to anyone for any reason at any time.
3.6 If any terms & conditions of the Buyer differ from these terms & conditions for delivery or payment or the legal provisions, such terms & conditions shall not become part of any contract even in cases where the Seller accepts or processes orders in full knowledge of these contradictory or differing terms & conditions of the Buyer.
3.7 By submitting an order, the Buyer accepts the delivery and payment terms as being legally binding.
4. Offers, conclusion of a contract, subject and scope of performance
4.1 The presentation of Products in store.ategroup.com does not constitute a legally binding offer; it is a non-binding online catalogue of Products only. The Buyer can place these Products in the shopping cart without being under any obligation to buy and he can also correct his entries at any time prior to sending the final binding order by utilising the tools provided, for which an explanation on how to use them is also provided. By clicking on the order button, the Buyer is placing a legally binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after placing the order by email; however, it does not constitute acceptance of the contract.
4.2 The Seller can accept the order by sending an order confirmation in a separate email.
4.3 The Seller shall in principle not be obliged to check whether the details or specifications provided by the Buyer that serve as a basis for the Seller’s offers or order confirmations infringe any third party property rights.
4.4 Technical changes caused by manufacturing processes or legislative changes or changes resulting from normal product maintenance shall be admissible, provided they are deemed acceptable to the Buyer.
4.5 The Seller will store the contract information and send the Buyer the order data as well as these general terms and conditions via email. The terms and conditions can be viewed at any time on this website too. Previous orders can be viewed in our Customer login area under the Customer's account.
5. Scope of delivery
5.1 The scope of delivery will be determined by the acceptance by the Seller of the Products/Services ordered by The Buyer.
5.2 If the Products/Services ordered by the Buyer are not available for delivery as per the delivery period mentioned by the Seller, then the Seller will inform the Buyer by email. If the products ordered are available in part quantity, The Seller will inform the Buyer and subject to the acceptance by the Buyer, the Seller will arrange for the part deliveries. Payments already made will be refunded if the Products/Services are not available.
6. Time of delivery
6.1 Any time or date of delivery as mentioned by the Seller is given and intended only as an estimate and the Seller shall not be liable to make good any damage whether arising directly or indirectly from delay in delivery. Nor shall any delay in delivery entitle the Buyer to refuse to accept the Products or cancel the order.
6.2 Each delivery made against an order shall be deemed to be complete and separate for all purposes.
6.3 In case of cancellation of the order or inordinate delay in taking delivery, in addition to any other claim, part/whole of the advance may be forfeited/appropriated by the Seller at its discretion. Further, the cost of storage, demurrage, insurance, pending dispatch and delivery shall be to the Buyer’s account.
6.4 The Seller shall not be responsible for delay in the performance of part or complete cancellation of this contract, directly or indirectly caused by or due to force majeure and other circumstances beyond the control of the Seller. The delay, whatsoever, will not prejudice the Seller’s right to recover money owing to them in respect of deliveries made prior to the delivery in question.
6.5 The Seller’s responsibility ceases on dispatch of goods from the Seller’s premises.
7.1 All prices are for delivery ex-works unless otherwise stated.
7.2 The prices in the contract are exclusive of all prevailing duties and/or taxes levied or duties to be levied in future by Central Government, State Government or Local Bodies. Such duties and/or taxes will be charged to the Buyer over and above the contract price.
7.3 In the event of an increase in our costs between the date of our quotation/order and execution of order due to changes in trade circumstances, government licensing policy for import of components, currency exchange rate, or import duty, which affect the price structure of the Products, the prices shall be revised and the prices ruling at the time of dispatch shall be applicable.
7.4 The Buyer shall not be permitted to transfer its rights under the agreement to third parties without the Seller’s written consent.
8.1 Payment shall be made as per the terms specified in the quotation or order acceptance. Any advance payment received with order will not attract any interest as such advance payment is to secure obligations under contract and in no way affects/influences the prices.
8.2 Interest @ 24% p.a. or at higher rate depending on interest rates at relevant time be chargeable by the Seller at its discretion on sums not paid on due dates. Nothing in this clause, however, shall be construed as the waiver by the Seller on the Buyer’s obligation to pay as per the due dates, as no extra credit is intended to be granted under this clause. The Seller reserves the right to charge interest on delayed payment, even after the payment is made.
8.3 The Buyer is required to make payment directly to the Seller by an irrevocable Letter of Credit or demand draft or through NEFT/RTGS mode as agreed. Where cheques are accepted, in case they are returned unpaid, the Buyer is responsible for making immediate payment by demand draft or NEFT/RTGS without any notice from the Seller. All costs incurred including interest and damages due to the unpaid return of the cheque will be to the account of the Buyer.
8.4 All orders will be dispatched after receipt of payment is confirmed by the Seller.
9. Non-payment or failure to take delivery:
9.1 On the failure of the Buyer to pay for the goods or to take delivery within the stipulated time or as notified by the Seller, The Seller may retain any deposit, advance or instalment in respect of the purchase price already paid by the Buyer and apply the same in satisfaction or part satisfaction of any charges, expenses, loss or damage incurred or sustained by the Seller and shall be entitled to sell or dispose the goods either by public auction or by private bargain, with or without notice to the Buyer, and to recover any shortfall from the Buyer.
9.2 In case of default by the Buyer in paying any sum due under any order, as and when it becomes due, the Seller shall have the right to suspend all deliveries (including future deliveries) as regards the order in respect of which the default occurred or any other order until the default is made good or (and not withstanding that the Seller may have exercised the right to suspend the delivery) to cancel the order, so far as any other goods remain to be delivered, and the Seller shall also have the right to cancel any other order they may have in hand from the Buyer, such right of cancellation being in addition to and not in substitution for all other rights and remedies the Seller may have against the Buyer in consequence of the default.
9.3 If the Buyer shall default in, or commit breach of any of its obligations to the Seller, or if any of the operations or assets of the Buyer are in distress or in executions, or if the Buyer enters into or intends to enter into any scheme of restructuring arrangement or composition with its creditors, or commit any act of bankruptcy or if any petition of winding-up shall be present or instituted against it if the Buyer shall be a body corporate and any resolution or petition to wind-up such company’s business shall be passed or presented or if a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed, the Seller shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by them to the Buyer’s last known address, any and every subsisting order shall be deemed to have been determined, without prejudice to claim or right the Seller might otherwise make or exercise.
10. Transfer of risk
10.1 Shipping shall always be at the Buyer’s risk ex-works in accordance with the latest version of INCOTERMS even in cases where free delivery has been agreed. The Buyer shall be fully responsible for proper storage of goods arriving at the destination. The arrangement of insurance against fire, theft etc. shall be the responsibility of the Buyer.
10.2 In cases where shipping or delivery is delayed by the Buyer, the risk will, in both cases, be transferred to the Buyer on the day of readiness for shipment; however, upon request by and at the expense of the Buyer, The Seller shall be obliged to take out insurance as instructed by the Buyer.
11. Packing and dispatch
11.1 Packing and dispatch shall be performed to the best of the Seller’s knowledge and ability and with reasonable care, but without any liability on the Seller’s part.
11.2 The Products are dispatched at the Buyer’s risk, wherever applicable and no claim or loss, damage in transit or short delivery will be entertained. Products shall be dispatched on ‘freight to pay’ basis uninsured, unless prior instruction is received from the Buyer nominating transport and/or insuring the Product at the Buyer’s cost.
11.3 If dispatch is delayed, as a result of circumstances for which the Seller is not responsible, the risk shall be transferred to the Buyer from the date the Product is ready for dispatch.
12. The Seller’s lien
12.1 The Seller shall be entitled to a general lien on the Products in the possession under any contract for any amount due to the Seller by the Buyer under the contract or any other account whatsoever and also be entitled to apply any amount of the Buyer for the time being in the hands of the Seller under any one contract in or towards satisfaction and discharge of any amount due to the Seller under any other contract or contracts.
13.1 Unless otherwise specifically agreed upon, all descriptions and specifications, drawings and weights and dimensions submitted to the Buyer, are expected to be approximate and may vary from case to case. Descriptions and illustrations contained in the Seller’s catalogues and other advertisement matters are intended for representation purpose only and the Product supplied may vary in terms of design and presentation.
13.2 Products intended to be supplied are expected to be meeting requirements of the Buyers. However, no guarantee, express or implied, is given that the material is suitable for use under any general conditions or for any general purpose. All material will conform to standard manufacturing tolerance and will be of normal commercial finish.
13.3 Seller undertakes to repair or replace parts which are shown to have become unserviceable or substantially reduced in their usefulness arising from circumstances occurring prior to the transfer of risk, especially due to faulty design, faulty materials or unsatisfactory workmanship. The Seller shall be responsible for faults of the material only in so far as the Seller should have recognized in the exercise of expert care that such a fault exists. The discovery of such faults must be reported to the Seller in writing within a week’s time. If this is not done, any warranty obligations shall become void.
13.4 The products supplied by the Seller is warranted against any kind of manufacturing defects for six months. Warranty period commences on the date of dispatch of the Product. If dispatch or installation of the Product in question is delayed for no fault of the Seller, warranty shall expire not later than seven months after notification of readiness for dispatch. Components subject to normal wear and tear and electrical items will not be covered by warranty clause.
13.5 With regard to products made by other manufacturers (bought outs), which are supplied with the Product, the Seller will pass on warranty as specified by the other manufacturer to the Buyer without assuming any responsibility on the part of the Seller.
13.6 No warranty is applicable for defects which may arise as a result of their material condition or by their method of use or due to the effects of weather and other natural causes are liable to natural or premature wear and tear.
13.7 The Seller shall be entitled to refuse to remedy faults as long as the Buyer has not fulfilled its obligations arising from all current agreements, in particular the agreed payments.
13.8 The Seller shall entertain complaints relating to the Products and completeness of delivery only within thirty days of the dispatch of the Products. The Seller must receive the written complaint within this period. No complaint will be entertained thereafter.
13.9 The replacement part and the repair are covered by the same warranty as the original Products. The period of warranty for any faults in the Products in question shall be extended by the duration of the operational breaks caused by the repair work. The warranty is limited to the cost of parts accepted to be replaced free of cost. No claim for any special, exemplary, punitive, incidental or consequential losses regardless of the cause arising to the Buyer during the warranty period shall be entertained. In case of use of unauthorised parts/service warranty shall be void.
14. Installation and commissioning
14.1 Supervision of installation and commissioning, if required, shall be done by Seller’s service engineer or authorised representative under separate service contract on terms specified therein. The Buyer shall indemnify the Seller against any third party claim for personal injury or physical damage during installation and/or commissioning.
15. Confirmation of order
15.1 All orders placed by the Buyer are subject to confirmation by the Seller. The Seller accepts no responsibility for any contract made with a commission agent or other person whether in the employment of the company or not, except upon and subject to the conditions herein expressed, or for any statements or representations made by any such Agent or person.
15.2 The Buyer has no right to set off his claim, if any, against the Seller’s selling agent in respect of transactions with any other company notwithstanding that the Seller’s selling agent is also acting as an agent for that other company.
16. Return of the product(s)
16.1 Products shall not be returned to the Seller without its written consent. All costs of return shall be the responsibility of the Buyer.
16.2 Any Products returned to the Seller for any reason shall be thoroughly cleaned and any hazardous or toxic substances completely removed and/or neutralised.
17. Intellectual property
17.1 The Product technology and design being an important intellectual right of the Seller, it is a precondition of the sale that the Buyer will take all steps to protect the intellectual property rights of the Seller. In that the Buyer shall neither undertake nor allow any inspection/copy/study/carry out analysis of the Product covered by this order to any third party.
17.2 The Buyer agrees that it will respect the intellectual property rights of the Seller and agrees that it would neither undertake nor aid or assist any third party to copy the designs of the Products.
17.3 The Buyer agrees that its name can be referred as the Buyer by the Seller in marketing campaigns or in any other manner.
17.4 The Buyer agrees to permit inspection of the Products in working condition upon the request of the Seller at a mutually agreeable time.
18.1 If any provision of this contract is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of the remaining provisions of this contract.
19.1 In the event of any difference or dispute of any nature or kind arising between the Seller and the Buyer or in connection with a contract of the rights and obligation of the parties hereunder, the matter shall be referred to arbitration of a sole arbitrator as per the rules framed by the Indian Merchants Chamber. The arbitration shall be held in accordance with and subject to the provisions of the Indian Arbitration and Conciliation Act, 1996 and any statutory modifications thereof for the time being in force.
20.1 All suits arising out of contracts shall be instituted in a court of competent jurisdiction situated in Mumbai and in no other court.
21. Standard conditions of sale to prevail
21.1 Any conditions endorsed on or contained in the Buyer’s purchase order, if any, or in any communication, which are inconsistent with the Standard Conditions of Sale and not specifically agreed to and acknowledged in writing by the Seller, shall be deemed to be superseded by these Standard Conditions of Sale.