Warranty: All sales by Globus Nexgen Tradex Pvt. Ltd. and its affiliates (collectively called “Globus") are subject to the following standard terms & conditions (collectively “Terms”) for any product sold by Globus Nexgen Tradex Pvt. Ltd. “Customer” refers to any person or entity purchasing goods from Globus Nexgen Tradex Pvt. Ltd. The terms and charges below are superseded by any previous conflicting terms
Prices: Prices of Goods will be those prices published in the then current price list on the date that Globus accepts the order for Goods sold. Prices are subject to change without notice. Prices quoted are exclusive of all taxes, insurance, freight, and charges of any kind, including without limitation, vat, excise, service, G.S.T. and any other relevant taxes. Customer agrees to pay all taxes and other charges, excluding any taxes based upon Globus income.
Payment Terms: Full payment for all Goods is due in accordance with the terms and payment procedures stated in the order acknowledgement or invoice issued by Globus to Customer. All payments shall be made in Indian Rupee if the order is received from within India, or other denomination as directed by Globus if international transactions are involved. Discount terms for early cash payments will apply only if specified in the invoice. Invoices not fully paid by the specified payment date are deemed overdue, and unpaid balances will accrue interest at the highest rate permitted by law. Globus shall be entitled to suspend performance of any order or obligation to Customer until the Customer’s account is current. If at any time Globus determines that Customer’s financial condition, payment practices or credit rating does not justify a sale on credit, Globus has the right to require advance payment. Customer shall reimburse Globus for all expenses, including reasonable Lawyer’s fees, incurred in the collection of any delinquent account or enforcing its rights under these Terms.
Title to Goods: Title to and risk of loss of the Goods will pass to Customer upon delivery of the Goods to the customer by the transporter. Customer grants Globus a security interest in the Goods and shall keep the Goods properly stored, insured and identifiable as subject to Globus’s lien until full payment is made by Customer for the Goods. Globus reserves the right to enter Customer’s premises to repossess Goods for which payment is overdue.
Delivery and Delay: Globus will deliver Goods to designated transporter for further routing from its warehouse in Noida, (Delhi - NCR) to deliver it to customer within due date. Customer shall pay Globus for all delivery charges as established by Globus and stated in the invoice. Any Delivery dates specified in an order acknowledgment are estimates only and time is not of the essence. Globus may deliver all of the Goods at one time or in portions from time to time. All deliveries are subject to modifications or cancellation due to events beyond Globus reasonable control, including acts of God and other force majeure events. Under no circumstances shall Globus be liable for any loss of profit or property, or for any direct, indirect, special, incidental, consequential or other damages caused by any delay or failure to deliver. If Customer causes or requests a delay, Customer shall reimburse Globus for all resulting damages, including without limitation, payment of reasonable storage expenses for the Goods during the period of delay or interruption. Globus reserves the right to charge, and Customer shall pay a drop shipment fee on all drop shipments in addition to normal freight charges, in an amount in effect pursuant to Globus policies at the time of charge.
Refund & Cancellation
Permitted Sales: Customer will not sell any Goods through any website or catalogs other than those prepared or approved by Globus, television shipping channels, discount venues including “outlet” or factory direct” malls or flea markets or through other direct marketing methods including direct mail, or door-to-door solicitation except as specifically authorized by Globus in writing. Customer is prohibited from promoting, advertising or selling any Goods through the Internet, computer “websites”, or “home pages”, computer on-line transactions or similar technology developed in the future, except as specifically authorized in a signed Internet Agreement between Globus and Customer. Globus may withhold or revoke its consent to any of the above at any time in its sole discretion.
Warranty: Globus warrants that upon delivery the Goods will be free from defects in material and workmanship under proper and normal use. Goods shall be considered “defective” if the defect materially impairs the value of the Goods for their intended use to Customer or the end-user. Globus further warrants that all Goods and services will be produced and furnished in accordance with applicable laws and regulations.
Remedies: In accordance with the terms of the limited warranty stated above (“Warranty"), If Globus is informed & accepts that it erred on the quantity, quality, style, or other aspect regarding the initial shipment of Goods, Globus will repair or replace any defective Goods provided that written notice of the defect is received by Globus within seven (7) days of the delivery of these goods. If notice is not given within such period, any claim for breach of warranty shall be conclusively deemed to have been waived and Globus shall not be liable under this Warranty. Upon receipt of non-damaged & unused defective goods with original packing, Globus will repair or replace it & send it to customer on its own cost within seven (7) days of receiving it. If there is a delay beyond seven (7) days, the customer can request to cancel this sale & demand refund of full amount collected by Globus for this product to him by providing requisite account detail. Globus will credit this amount to Customer’s account within seven (7) days.However, upon receiving this defective product, if Globus inspection reveals damage to product, without original packing, tampered by customer then Globus can refuse to accept returned goods & inform Customer that there is “No Credit” and such Goods will be immediately dumped in scrap.If customer requests within three (3) days that specific Goods to be sent back to him then this “No Credit” Goods shall be returned to customer at his own cost.
Limitations on Warranty: Globus' liability for any defect in goods for whatsoever reason or theory shall not exceed the purchase price of the defective goods. This warranty is in lieu of all other warranties, whether oral, written, express, implied, statutory, or otherwise. In particular, there is no warranty of merchantability or fitness for a particular purpose. Globus shall have no liability to the customer for consequential, special, incidental, or punitive damages of any kind whatsoever, including, but not limited to, personal injury not caused by negligence of Globus, property damage, lost profits, or other economic injury due to any defect in the goods or any breach of this agreement by Globus. No representative, agent or dealer of Globus has authority to modify, expand, or extend this warranty, to waive any of the limitations or exclusions of this warranty, or to make any different or additional warranties with respect to any goods or services furnished by Globus.
Period of Limitations: No claim, suit or other proceeding may be brought by Customer for any breach of the foregoing Warranty by Globus or in any way arising out of this Agreement or relating to the Goods after six months from the date the cause of action accrues.
Jurisdiction of courts: This Agreement between Globus and Customer shall be under jurisdiction of DELHI HIGH COURT. Customer irrevocably consents that this Court shall have personal jurisdiction over Customer and waives any objection that such courts are an inconvenient forum.
Independent Contractor: The parties are independent contractors. Nothing in this Agreement shall be deemed to make Globus or its employees or agents an employer, employee, partner or joint venturer of Customer. Neither party has any authority to bind or incur obligations on the other’s behalf, nor is one party liable for the obligations of the other.
Miscellaneous: If any provision of this Agreement is invalid or unenforceable under any applicable law, the provision shall be ineffective, but the remaining provisions shall be unaffected. Customer shall not assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of Globus. This Agreement shall be binding upon and enforceable by and against Customer, Globus, and their respective representatives, successors, heirs, and assigns. Globus has all rights and remedies given to sellers by applicable law, and Globus rights and remedies are cumulative. No waiver by Globus of any breach shall be effective unless in writing. Globus shall not lose any right because it has not exercised that right in the past.
Intellectual Property: Customer acknowledges Globus is the absolute owner of all trademarks, services marks, copyrights, imprints, rights of publicity, patents, design patents, software, registered designs, industrial designs, product design, trade secrets, text, graphics, logos, images, audio clips and video and other intangible rights relating to the Goods (collectively “Globus nexgen tradex private limited Intellectual Property”) and acknowledges that Customer shall have no right, title or interest whatsoever in any Globus Intellectual Property. Any use of Globus Intellectual Property in the promotion or sale of Goods shall inure to the sole benefit of Globus, shall be subject to Globus approval and shall strictly conform to sales and advertising guidelines as established from time to time by Globus. Globus strictly forbids reproduction, modification, distribution, transmission, republication, display or performance, of the content of Globus by any person or entity. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with us. Any other use is strictly prohibited.
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