130 Conditions of sale 1. Definitions PROVIDED THAT 6. Payment & Title 1.1 “Buyer” means the customer with All invoices are due & payable on whom the Company contracts for a. The defect was not capable of or before the payment due date. If supply of goods; being apparent on inspection. the Buyer does not pay the price 1.2 “Company” means Roca Bathroom b. The Goods have been set out in the Company’s invoice in Products Private Limited; properly maintained & fitted in full & in cleared funds by the time accordance with the Company’s payment falls due, in addition to 1.3 “Contract” means the exchange recommendations. any other rights the Company may of orders & billing between the have, the Company shall be entitled Buyer & the Company for the sale & c. The Company is notified within 5 to bring an action against the Buyer purchase of “Goods”; days of discovery of the defect. for the outstanding invoice sum & 1.4 “Goods” means any goods supplied d. Any Goods alleged to be defective may suspend any further deliveries by the Company including any have been stored in a secure place to the Buyer. packing or other material supplied & made available to the Company 7. Returns with such goods. for inspection at the Company’s request. No Goods once dispatched by the 2. Contract Company shall be returned to the e. No attempt by any third party has 2.1 These terms & conditions shall been made to remedy the defect. Company unless the reasons for apply in respect of all orders for such return have been accepted Goods. f. The Company has confirmed the by the Company in writing & any defect. Goods so returned must be in good 2.2 Where the Goods or services are order & resaleable condition. Such provided by the Company to the g. Proof of purchase is presented to Buyer in instalments, while each the Company. Goods must have been delivered instalment will constitute a separate by the Company within the previous 4.4 The Company’s entire liability six months & correspond exactly to order, the Company’s delay or under these terms & conditions the original invoice, a copy of which failure to provide one or more of shall be limited to the warranty set accompany the return. the instalments shall not entitle the must out above & shall not in any event Buyer to terminate the order as a exceed the price paid by the Buyer. 8. General whole. The Company shall not be liable 4.5 The warranty shall not apply if the 3. Orders buyer carries out any modifications to the Buyer or deemed to be in 3.1 Prices given by the Company to the or additions to the product. breach of Contract for any delay in Buyer remain as per the prevailing 5. Delivery performing or failure to perform any prices & validity. of its obligations in respect of the 5.1 The Company shall endeavour to supply of the Goods, if the delay or 3.2 Orders can be placed by the Buyer supply the goods as per delivery failure is due to any cause beyond in writing, with delivery schedules & schedules. the Company’s reasonable control. all supporting documents. 5.2 The Buyer shall provide all 9. Jurisdiction 3.3 Telephonic & verbal orders will not necessary assistance to the be accepted. Company in unloading the Goods at The Contract shall be governed in the point of delivery. all respects by the laws of the Indian 3.4 No cancellation of orders will be Government & the Company & the accepted if (a) the products have 5.3 All Goods must be checked by the Buyer hereby irrevocably submit already been dispatched, or (b) in Buyer at the time of delivery for any to the exclusive jurisdiction of the the case of a special order, which is apparent defects or non-delivery of relevant courts in Chennai, India. arranged specifi cally for the buyer. any part of the consignment. The 4. Warranty, Liability & Quality Company shall not be liable for any 4.1 Goods are warranted to be of such loss which is reported on a normal industrial quality & subject later date. to the specifications, weights 5.4 If any defects are discovered during & measurements set out in the this inspection, the Buyer must Company’s brochures. notify the Company’s representative 4.2 Coloured materials are subject to immediately. The Buyer’s shade variation & this by itself shall acceptance will be communicated not be considered a manufacturing to the Company by virtue of the defect. Buyer or its representative signing a delivery receipt. Anybody 4.3 In the event that the Goods are not presenting themselves to the free from defects aforesaid, by way Company’s representative as acting of remedy the Company shall at its on behalf of the Buyer in order to option either (1) repair or (2) replace inspect or accept delivery of the or (3) offer a full or partial refund or Goods shall be deemed to be the (4) any combination of (1), (2) or (3) Buyer’s representative & as such has all relevant authority to sign the delivery receipt confirming the Buyer’s acceptance of the Goods.