Terms & Conditions
Sale of any products is expressly conditioned on buyer’s assent to these terms and conditions. No buyer form shall modify these terms and conditions, nor shall any course of performance, course of dealing, or usage of trade operate as a modification or waiver of these terms and conditions. Any order to purchase products shall constitute buyer’s assent to these terms and conditions.
Where in
Definitions
“buyer” means the entity to which Procurabl is providing products or services under the contract.
“contract” means either the contract agreement signed by both parties or the purchase order signed by buyer and accepted by Procurabl, for the sale of products or services, together with these terms and conditions. In the event of any conflict, the terms and conditions shall take precedence over other documents included in the contract. The following are the terms and conditions of the legal agreement between the buyer and Procurabl.
“contract price” means the agreed price stated in the contract or purchase order, as the case may be, for the sale of products and services, including adjustments (if any) in accordance with the contract or purchase order.
“products” means the equipment, parts, materials, supplies, and other goods Procurabl has agreed to supply to buyer under the contract or purchase order.
“terms and conditions” means these “general terms and conditions for the sale of products”, together with any modifications or additional provisions specifically stated or agreed upon by partner in writing.
Placing an order
To order manufacturing/sourcing of components through our website or other modes of communication like Email, we request you to upload/send the design or component specifications online. Procurabl owns no obligation to check the source of the file and we will not be responsible for further checking the authenticity of files.
You represent and warrant that: (a) all required information you submit is truthful and accurate and (b) You will maintain the accuracy of such information.
Once the files are shared with us, it further goes for a complexity, SOR check. The information extracted from the check helps in matching suitable vendors, calculating timelines and costing of parts. As the next step, we ask you to provide us with the information we need for the delivery of the product. Finally, you will be prompted for information required to initiate the payment or pay later. Depending on the payment method you select you may be redirected to a third-party payment provider website. Please be informed that the language to be used during the whole ordering process is English.
Terms and Conditions
Version 1.2 December 2022
Unacceptable orders
Cancellation of orders by us - In the event that a particular product or products, with reference to an order placed, cannot be processed for technical reasons, or absence of information to process the order, or the infeasibility of the product, an infringing feature of your product, or the destination of the delivery you indicated in your order or delay in making payment in full or advance towards the order, Procurabl can cancel the order in partial or in its entirety. In case we cancel your partial or entire order, we will contact you via email and, at procurabl’s sole and exclusive discretion. In such cases, there will be no refund will be provided if partial payments are made by the customer in such scenarios.
Order cancellation by the buyer after placing a purchase order with Procurabl - in this case no refund will be issued. This is applicable for all projects we undertake. In such case Procurabl will keep 40% of the total value as on purchase order, along with the service fee for the efforts put in by Procurabl.
Payment and Price
The prices displayed on the catalogs or any other medium, are only indications that are valid only for the moment that they are displayed. Procurabl reserves the right to change its prices on such mediums at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the catalog or any other medium. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order.
After sharing your design from you, we will provide you with the price for completing your job. The validity of the prices shall also be indicated, beyond which Procurabl reserves the right to change it.
The price quoted during the payment, in the proforma invoice includes shipping costs, Goods and Service tax (as applicable) but excludes any import duty or taxes (if applicable). You can initiate your payment for your order via online means or bank transfer. In case you choose to pay by bank transfer you will receive the payment instructions via email from Procurabl after confirmation of your order.
For orders paid via bank transfer, Procurabl will begin manufacturing and sourcing activity within one working day of receiving the funds in Procurabl’s bank account.
Procurabl will not be responsible for any payment failure hosted by third-party payment gateways.
Acceptance
After accepting your order we will send you an order confirmation by the e-mail address associated with your Procurabl account/Registered Email ID. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details for the design and scope of work in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to your account manager. Once the order is confirmed from your side, there will be no change to the design and scope of work during the processing of your order. Any change if mandated by you will lead to a new work order being generated and payments for the same would be handled on a case to case basis.
Shipping
Your order will be delivered to your shipping address and the buyer shall pay all delivery costs and charges or pay the standard shipping charges plus handling. We will use our commercially reasonable efforts to ship the product to the shipping address within the delivery time indicated in our confirmation email; nevertheless, depending on your shipping address it may take a longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. We take every step to ensure your product is well packed before it is dispatched. We take extreme measures to ensure that your order arrives in pristine condition. However due to the delicate nature of these products, in rare circumstances, items can arrive damaged. We will not take responsibility for any loss or damages to products in transit. In such cases, we suggest you insure the goods being transported. The charges of which can be paid directly to Procurabl. We will make contact with the relevant courier to track your package or initiate a claim for lost products. Title and risk of loss are transferred to you upon transfer of the goods from Procurabl to the shipment carrier.
Order Tracking Through the Website or via e-mail notifications – You can track the status of your order after the order is placed through the events that define the processes through which any component procurement passes through.
Return and cancellation of order
Buyer cannot cancel the order after it is accepted by Procurabl. Additionally, we will not be able to refund purchases of a "discount coupon" or "any other discounted product" at any point. However, in the case of products sourced from a third party, Procurabl ensures measures for quality maintenance but does not assure refund upon cancellation or return of orders. Though, it would try all available options in the best interest of its customer.
Loading work
In the event buyer desires for Procurabl to perform any assembly or loading work, said work will be performed pursuant to a separate agreement to be entered into in writing by both buyer and partner detailing the terms of said work.
Payment terms
(a) the buyer needs to pay in full or any percentage stated by the quote provided beforehand, the amount raised in the proforma invoice issued by Procurabl, failing which the order will be considered invalid, the buyer needs to pay the remaining balance in installments within the designated tenure. The final order will not be shipped until and unless the buyer completes the full payment.
(b) Procurabl is entitled to suspend the delivery of any products if the buyer fails to pay the final balance amount when due hereunder and such failure, wouldn't be considered as a case of canceled order or any other scenario.
(c) buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with manufacturers/partner, whether relating to the breach, bankruptcy or otherwise.
(d) if the buyer disputes any invoice or portion thereof, it shall notify Procurabl in writing within thirty (30) days of receipt of said invoice, detail the reason for the dispute, and pay all undisputed amounts. All charges, not timely disputed in writing shall be deemed to be undisputed and shall be due and payable as set forth above.
If you pay in a currency that is different from the denominated currency of your payment method, your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to Procurabl. You can initiate your payment for your order by means including, but not limited to, credit card, debit card or bank transfer. In case you choose to pay by bank transfer you will receive the payment instructions via email from Procurabl after confirmation of your order.
Disclaimer of Warranty
(a) partner warrants that all products manufactured by the partner shall, at the time of delivery, comply with applicable standards and requirements, as asked by the buyer. Partner makes no other warranty with respect to the products and disclaims any and all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
Partner personnel are not authorised to alter this disclaimer of warranty. The buyer needs to provide all such requirements pertaining to quality, warranty or any other specifications beforehand to Procurabl, in writing.
Limitation of Liability
(a) in no event shall Procurabl be liable to buyer or any third party for any loss of use, revenue or profit or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Procurabl has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
(b) in no event shall partner aggregate liability arising out of or related to this contract, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to partner for the products sold hereunder or, as to services, for the amounts paid to partner for services performed hereunder.
(c) this limitation of liability is a material basis for the parties’ bargain and reflects the bargained-for allocation of risks between partner and buyer, without which partner would not have agreed to provide the products or services at the price charged.
Website
(a) any buyer by initiating a contract with Procurabl for purchasing its products shall not oppose/restrict the usage of the said buyer’s logo on Procurabl’s website which may be used for marketing purposes.
(b) the Procurabl website provides link/links to other websites (1) but we shall not be responsible in any way for the content of the said links or their websites. (2) by including these links on our website we are not in any way endorsing the said content/offer.
(c) Procurabl shall not be responsible for any losses suffered by you as a result of (1) any interruption of the website, or by the suspension of your access to the website.(2) redirection to Procurabl’s website from any and all external sources besides that of our own.
(d) Modification: We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to You. You agree that we will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
Indemnification
In the event of any damage to the buyer, that accounts for products supplied or provided by Procurabl through a partner or manufacturer. All liability lies in the hand of the original manufacturer or the partner as the case may be. Procurabl holds no responsibility in such a case.
Intellectual Property Rights.
(a) Procurabl is unable to guarantee that no patent rights, copyrights, trademarks, (user) rights, trade models or any other rights of third parties are infringed by goods received from suppliers and/or buyers via partner or third-parties via them, including but not limited to goods, models and drawings for the manufacture and/or delivery of certain products.
(b) Procurabl would try its best to safeguard the rights of the buyer, by entering into an agreement with the manufacturer, only when the buyer holds sole copyrights of the concerned model, design or drawing
(c) Neither these Terms (nor Your access to the Site) transfers to You or any third party any rights, title or interest in or to such intellectual property rights.
Consent to Use of Personal Data
By using our Services you agree that Procurabl may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the Procurabl’s Privacy Statement.
Termination
In addition to any remedies that may be provided under these terms and conditions, Procurabl may terminate this contract with immediate effect upon written notice to buyer, if buyer: (i) fails to pay any amount when due under this contract against the stipulated time or the date of dispatch of the product, whichever is more (ii) has not otherwise performed or complied with any of these terms and conditions, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
Amendment and modification
These terms and conditions may only be amended or modified in writing which specifically states that it amends these terms and conditions and is signed by an authorized representative of each party.
Waiver
No waiver by partner of any of the provisions of this contract is effective unless explicitly set forth in writing and signed by partner. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this contract operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Force majeure
Partner and Procurabl shall not be liable or responsible to buyer, nor be deemed to have defaulted or breached this contract, for any failure or delay in fulfilling or performing any term of this contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of partner including, without limitation, acts of god, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or act, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Third Party Services
The Website may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Website. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Assignment
Buyer shall not assign any of its rights or delegate any of its obligations under this contract without the prior written consent of the partner. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves the buyer of any of its obligations under this contract.
Governing Law
These terms of service shall be governed by the laws of Maharashtra, India without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Maharashtra, India. You agree that any and all disputes arising from or relating to the subject matter of these terms of service, including disputes relating to the validity thereof, and any disputes related to the use of the services, shall be governed by the exclusive jurisdiction and venue of the state courts located Pune, Maharashtra, India.
Notices
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “notice”) shall be in writing and addressed to Procurabl.
Severability
If any term or provision of this contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this contract or invalidate or render unenforceable such term or provision in any other jurisdiction.
Survival
Provisions of these terms and conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these terms and conditions including, but not limited to, the following provisions: insurance, compliance with laws, confidential information, governing law, indemnification, submission to jurisdiction/arbitration and survival.
Complete Agreement
These general terms and conditions constitute the entire agreement between buyer and Procurabl relating to the subject matter hereof and supersede all prior and contemporaneous discussions, understandings and agreements related to the subject matter hereof.
Language
This contract and all related documents are drafted in the English language for a wider scope of communication
We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms and Conditions in effect at the time of the transaction. Should you experience any problems, please contact us and we will do our best to fix it as soon as possible. Procurabl may contact you to ask you about your experiences.