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Syzygy Technical Services
Syzygy Technical Services

Terms and Conditions

1. DELIVERY: Syzygy Technical Services is committed to deliver its products in accordance with the agreed specifications and perform its obligations arising out of the agreement to the best of its efforts. The quoted date of delivery shall stand extended if it involves action from the Customer for supply of any particulars, specifications, drawings, technical data, approvals, information or acts affecting he execution of the order.


2. Validity of Offer: This offer is valid for a period of thirty (30) days from the date of this offer.


3. Price: The prices for the products are provided for in the Price Schedule and indicate the basic material cost. Costs with respect to the following will be charged in addition to the basic material cost:

a) transportation of the products to the site;

b) packaging and forwarding costs; Transit insurance will be borne by Customer. The price quoted is subject to withdrawal by Syzygy Technical Services at any time prior to acceptance of the offer by the Customer. The offer will not apply to follow-up orders and / or subsequent agreements, unless stated in the offer. Price of the products are exclusive of GST. In case of an increase in the prices of raw materials or other materials necessary for the manufacture of the products ordered by the Customer occurring prior to the date of delivery, Syzygy Technical Services shall have the right to increase the price of the products ordered accordingly, unless otherwise stated in the offer.


4. Payment Terms: 100% in advance along with taxes & duties.


5. UNLOADING: Syzygy Technical Services shall not be responsible for the unloading of the products at the Customers site. On reaching the Customers site, the Customer shall provide a safe location to store the products. Syzygy Technical Services shall not be responsible for any damage to the products due to unloading and the same shall be to Customers account.


6. NON-COLLECTION OF PRODUCTS: The Customer, in the event of non-collection of Products at the specified time of dispatch, undertakes to bear all costs, risks and liability for the products. 


7. WARRANTY: Syzygy Technical Services undertakes, at its option and reasonable discretion, to rectify or replace any parts in the products that may be materially impaired or rendered unserviceable due to manufacturing defects, for a period of twelve (12) months from the date of commissioning or eighteen (18) months from the date of supply, whichever is earlier. The warranty shall not be applicable against defects arising out of:

a) improper or inexpert use, natural wear and tear(e.g. chain guides, chains, bearings, oil seals, fuses, relays, electric switch, fuse inserts, travel wheels etc.

b) improper or negligent handling, storage, transport, improper use on operation, inadequate or improper maintenance or servicing, excessive handling, excessive loading, faulty civil engineering works, extreme atmospheric conditions, chemical, electrochemical, electrical and other natural influences unless these arise out of any assumed responsibility in writing, by Syzygy Technical Services.

c) Excessive service conditions.

d) Damage due to the use of lubricant oils not prescribed by Syzygy Technical Services.

e) acts of providence.

f) Faults of third parties.

g) Any other damages or malfunctioning arising out of negligent or improper use or accidental abuse shall not be covered by this warranty. The warranty provided herein is subject to punctual compliance of the terms of payment. Non-payment or delay in payment, in full or in part, for the products, equipment, and accessories will render the warranty provided herein invalid Syzygy Technical Services does not undertake any obligation to bear the cost of removal or fitting of any equipment accessories, components or parts for the purposes thereof. Any equipment, accessories, components and spares which may be found defective will become the property of Syzygy Technical Services on being replaced in terms of the warranty provided herein. This warranty will be rendered invalid if in Syzygy Technical Services sole opinion, the products, machines, equipment and accessories have been repaired or altered by the Customer otherwise than by Syzygy Technical Services service personnel. Claims arising from this warranty will be recognized by Syzygy Technical Services only if the defect in question is notified to Syzygy Technical Services within (15) days of observing such defect. The expenses of packing, forwarding, freight, insurance in connection with repairs of replacements made in accordance with this warranty will be borne by the Customer. In the case of potential or proprietary or other bought out items, Syzygy Technical Services liability under this warranty will not at any time exceed the liability, if any, accepted by the manufacturer and / or supplier of such items or parts of such items. Except as stated herein, the Customer shall not have any other rights under the warranty provided herein, and in particular no right to repudiate any agreement to claim any reduction in the purchase price or demand any payment for damages to compensation for accrued or consequential losses. Syzygy Technical Services reserves the right to make any changes, additions or improvements in the products, machines, equipment, accessories previously sold to the Customer. The warranty provided herein is in lieu of all warranties whether by law or otherwise expressed or implied and all other obligations or liabilities on behalf of Syzygy Technical Services, and Syzygy Technical Services neither assumes nor authorizes anyone to assume on behalf of Syzygy Technical Services any other liability in connection with the sale of the products, machines, equipment and accessories thereof.


8. Scope of Work: The products shall be designed, manufactured and limited to what has been specified in the offer. Any additional requirements of the Customer may be accommodated subject to a request prior to start of production and acceptance of such request by Syzygy Technical Services. All costs incurred by Syzygy Technical Services due to additional requirements shall be borne by the Customer and shall be added to the Customers account. 


9. TRANSFER OF TITLE AND RISK: Not withstanding actual delivery, the right of property of the products delivered shall remain vested in Syzygy Technical Services until the Customer has paid all amounts in full that is due or will be due to Syzygy Technical Services and such payment has been credited to the bank account without reservation. During the interim period, the Customer shall ensure the safety of the products, store the products suitably and identify the products as Syzygy Technical Services property. The Customer shall not assign or pledge, or in any manner encumber his rights and/or benefits under these Terms & Conditions without express written consent from Syzygy Technical Services, until title and interest fully vests in the Customer in relation to the products supplied by Syzygy Technical Services. In the event the Customer fails to pay Syzygy Technical Services, in whole or in part, Syzygy Technical Services shall have the right to repossess and reclaim the products without prior notice to the Customer. The risk of loss or damage to the products shall pass to the Customer on delivery. Syzygy Technical Services shall be entitled to treat this risk as having being passed even where the Customer fails to take delivery of the Products when such delivery is due. Syzygy Technical Services will assume delivery of Products as per agreement with the Customer unless non-conformities are brought to the attention of Syzygy Technical Services within [three (3)] days of the delivery of the products to the Customers site. Syzygy Technical Services shall not be liable for any damage to, or deterioration of the products, including the which may occur after the delivery, whether such damage occurs due to unsuitable storage conditions or misuse of the product.


10. PLANS AND DESIGNS: The Customer shall not use any plans, designs, instructions, specifications, charts or other information (collectively “Data”) provided by Syzygy Technical Services other than for the specific purpose for which they have been provided by Syzygy Technical Services. All intellectual property rights in the Data shall vest in Syzygy Technical Services. The Customer acknowledges that all dimensions and details in the Data prepared by Syzygy Technical Services have been verified and are satisfactory for the intended purpose and such Data is approved by the Customer. Any further modifications to the Data, subsequently requested by the Customer and confirmed by Syzygy Technical Services which result Syzygy Technical Services making modifications to the equipment or components, shall be at the cost of the Customer.


11. Applicability: The sale of any and all Syzygy Technical Services products and/or services shall be conditioned upon, and subject to the following terms and conditions (“Terms and Conditions”). Customers acceptance of any offer made by Syzygy Technical Services for the sale of its products and/or services is expressly made subject to these Terms and Conditions stated herein. None of the Terms and Conditions contained herein may be added to, modified, superseded or otherwise altered except as revised in writing by Syzygy Technical Services. All orders received by Syzygy Technical Services shall be governed only by these Terms and Conditions contained herein, notwithstanding any terms and conditions which may be found in any purchase order, release order, or any other form issued by the Customer. If one or more of these Terms and Conditions become invalid, the remaining provisions of these Terms and Conditions shall continue to apply.


12. LIABILITY: Syzygy Technical Services liability under these Terms and Conditions shall be limited to the amount of the actual direct damages incurred by the Customer attributable to Syzygy Technical Services, or of the price paid by the Customer to Syzygy Technical Services for the products, or of the replacement value of the products, whichever is lowest. The Customer shall not be entitled to any other remedies regardless of the form of claim, cause of action, whether based in contract or otherwise Syzygy Technical Services shall not be responsible or liable for any accidents during the use of the products or equipment, or any liability


13. GOVERNMENT APPROVALS AND LICENSES: Any government consents, approvals and any other licenses required for the operation, installation and commissioning of the products, and for the performance of these Terms and Conditions, shall be obtained by the Customer at its cost and the Customer warrants that such consents and approvals shall be valid and existing at all times. 


14. TERMINATION: Syzygy Technical Services reserves all rights to terminate the Agreement wholly or in part and forfeit the advance, without any further notice of default, or at its 


15. FORCE MAJEURE: Syzygy Technical Services shall not be held liable for delay or non-performance of any of the terms of this Agreement, resulting from acts of God, fire, flood, government Regulations, riots, terrorist acts, labour.


16. JURISDICTION: This Agreement shall be governed by, and construed and enforced in accordance with the laws of India. All disputes arising out of or in connection with this Agreement or for the breach for any alleged wrongful termination hereof which cannot be settled amicably by mutual agreement shall be adjudicated by the courts in Bangalore.