Premier Measurement Solutions Private Limited
These terms and conditions of sale ("Terms and Conditions") set forth the terms and conditions governing the use of the products or services purchased by [name of Customer] ("Customer") from Premier Measurement Solutions Private Limited ("Pmeasure"), including any software provided with, or for use with, such products or services (collectively, the "Product(s)).
All sales and all purchase orders shall be governed exclusively by these Terms and Conditions, and nothing contained in any such purchase order will in any way modify or supplement these Terms and Conditions. Acceptance of Customer's order by Pmeasure is expressly conditional on the assent of Customer to these Terms and Conditions which assent will be conclusively presumed from Customer's acceptance of the Products.
These Terms and Conditions set forth the terms and conditions for the Customer's purchase of Products, which Products are solely for (i) Customer's internal business use, or (ii) resale, only if and where Customer has been granted distribution rights by Pmeasure for the specific Products to be resold/distributed.
The total price for the Products is the amount indicated on the Pmeasure quotation. Prices are valid for the period indicated on the quotation.
Except as explicitly provided in the quotations or sales order acknowledgments, prices quoted do not include any taxes (including any excise, sales, use, value added, withholding, and similar taxes), customs duties, tariffs or license fees.
Unless otherwise indicated in the quotation, payment for Products shall be made in U.S. Dollars to Pmeasure's accounts in the United States of America, or such other place as Pmeasure may designate, by check, wire transfer, or, if required by Pmeasure, letter of credit in full in advance of shipment.
All purchase orders from the Customer should be made directly to info@pmeasure.com. Customers shall submit purchase orders to Pmeasure at least sixty (60) days prior to the requested delivery date, but no more than one hundred eighty (180) days before the requested delivery date.
Customers may cancel a purchase order without penalty by giving written notice of the cancellation to Pmeasure within forty-eight (48) hours of the initial placement of the order. After such time, Customer shall not cancel, modify, or reschedule orders for Products within 30 days of original requested delivery date.
All Products delivered to Customer shall be suitably packaged, according to Pmeasure sole judgment, for surface or air shipment in Pmeasure standard shipping cartons. Unless otherwise agreed by the parties, Pmeasure shall select the carrier.
PMEASURE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY IN DELIVERY OF PRODUCTS.
Software accompanying hardware Products are provided under a written Software End User License Agreement which includes restrictions on use, disclosure and copying, and which is incorporated herein by reference.
Pmeasure warrants, only to Customer that, for a period of one (1) year after delivery of the Pmeasure hardware Product, that the Product will operate in substantial compliance with the specifications agreed by Pmeasure in writing.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, PMEASURE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY.
TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL PMEASURE BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION.
IN NO EVENT SHALL PMEASURE'S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY CUSTOMER FOR THAT PRODUCT UNDER WHICH THE CLAIM ARISES.
This Agreement shall be governed by the laws of India. In case of any disagreement or dispute between the Customer and Pmeasure, the parties shall attempt to mutually and amicably resolve all disputes within 15 days. If not resolved, the dispute shall be finally settled under Arbitration & Conciliation Act, 1996 by a sole arbitrator mutually appointed by the parties. The place/seat of arbitration shall be at Bengaluru, Karnataka.
"Confidential Information" means any non-public or proprietary information and trade secrets relating to Pmeasure's business, disclosed or made available to the Customer. The Customer shall use best efforts to prevent the disclosure of any Confidential Information to any other person.
Entire Agreement: These Terms and Conditions constitute the final, complete and exclusive agreement between the parties.
Notices: Any notices shall be in writing and transmitted by Email to the official Email ID of the relevant Party.
Amendment: This Agreement may be amended only by written agreement executed by authorized signatories of the Parties.
Governing Law: This Agreement shall be governed by the laws of India.
For questions regarding these terms, please contact us at info@pmeasure.com
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