General Terms and Conditions of Sale
Terms and Conditions of Sale
Effective: 1st April 2021
Please review the following Terms and Conditions of Sale that govern your use and purchase of products on our site or in-store. In these Terms and Conditions, “we”, “us” or means “Pokarna Engineered Stone Limited,” and “you” means the person, organization or entity that purchased the products or related services from us.
In these Conditions:
“Business Day” a day (other than a Saturday, Sunday or public holiday) when banks in India are opened for business.
“Buyer” means the person or firm who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
“Contract” means the Contract between the Buyer and the Seller for the purchase and sale of the Goods;
“Goods” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
“Seller” means ‘Pokarna Engineered Stone Limited’ with whom the Buyer has contracted for the purchase and sale of the Goods;
“Writing” includes telex, Email, cable, facsimile transmission and comparable means of communication;
Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted, or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of The Sale
1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation of the Seller which the Buyer accepts or any order of the Buyer which is accepted by the Seller subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Buyer.
2. No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller.
3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. By entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
4. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
1.1. You may place an order with us by completing and submitting to us an online order form on our website. We may, at our discretion, accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or services from us if you are less than eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as null and void.
1.2. Please choose your products carefully. Prices can change and so you should check the latest price on our website. It is your responsibility to review the order (including all pricing, quantities and product information) before completing the online checkout process.
1.3. We will advise you of your “order reference number” via a confirmation email once your checkout process is complete. Once your payment has been validated, we will process your order and let you have an order reference number. Please keep your order reference number for future reference.
1.4. Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Service will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Service will be effective unless we both agree to the changes in writing.
1.5. All orders require payment in full (100%) at the time of purchase
1.6. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
1.7. No drawings, illustrations or descriptions or any other information submitted or contained in the sales literature of the Seller shall be deemed to form part of the Contract or have any contractual force but are for general information and guidance only.
2.1. We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Services Team is accurate in accordance with our current stock levels; however, these stock levels are subject to change without notice.
2.2. If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to place your order on backorder, we will contact you to arrange for delivery once the Product is available.
3. Price and Payment
3.1. The price payable for a product is the one set out on our website at the time you place your order. All prices are inclusive of GST. We make every effort to ensure prices and product information on our website are correct and up-to-date. Prices for our products displayed on third-party websites may not be correct and we are not bound by them.
3.2. Your credit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. While we employ the latest technology to enable safe & secure transaction, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorized manner by a third-party.
3.3. If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, enter a valid code, then click the “Apply” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our customer care team.
4.1. Please refer to our list of pin codes to know about the serviceable area in India.
4.2. Your sales consultant will advise you on product availability and any potential delays when you place your order. If for any reason there has been a delay in the arrival of your item/s, our Customer Services Team will call you prior to your scheduled delivery date to advise accordingly.
4.3. We will deliver your item/s to the delivery address specified by you when you place your order on the agreed delivery date.
4.4. Delivery by our contracted courier company – if neither you nor your authorized representative is at the delivery address to take delivery, the courier company or the manufacturer will leave a card with our contact details so that you can contact us to arrange another delivery time and date.
5. Title and Risk
5.1. Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
6. Warranties and Limitation of Liabilities
6.1. Statutory Guarantees:
6.1.1. All goods sold to the Customer come with guarantees that cannot be excluded under the Indian Consumer Law so that such guarantees (the “Statutory Guarantees”) are given by PESL in respect of which:
(a) the Customer is entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage; and
(b) the Customer is entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
6.1.2. If the Customer believes the goods do not comply with the Statutory Guarantees, the Customer must contact PESL whereupon:
(a) the parties may make arrangements for the return of the goods;
(b) any returned goods must be accompanied by proof of purchase;
(c) if PESL agrees that the goods do not comply with the Statutory Guarantees:
(d) PESL will refund the costs of returning the goods to PESL; and
(e) in all other respects, PESL will act in accordance with its obligations under the Indian Consumer Law.
6.1.3. No other guarantees or warranties apply to the goods sold to the Customer unless a further and additional warranty, in writing, is provided by PESL to the Customer
6.2. Implied Warranties:
6.2.1. These Terms and Conditions do not exclude or limit the application of any provision of any statute, including any implied condition or warranty, the exclusion of which would contravene any statute or any part of this clause to be void. To the extent permitted by law, all conditions, warranties and undertakings are expressly excluded.
6.2.2. PESL’s liability for breach of a non-excludable condition or warranty is limited at PESL’s option to any one of the following:
188.8.131.52. The replacement of the goods or the supply of equivalent goods;
184.108.40.206. The repair of the goods;
220.127.116.11. The payment of the cost of providing replacement goods or of acquiring equivalent goods; or
18.104.22.168. The payment of the cost of having the repairs of the goods.
6.2.3. PESL will not be liable for any direct loss or damages whatsoever, including consequential loss, loss of profits, loss of opportunity and/or loss of use.
6.3.1. PESL will not honour Warranty claims where:
6.3.2. Products are not installed in accordance with the manufacturer’s installation instructions
6.3.3. Water pressures that exceed stated limitations as per the Product installation instructions.
6.3.4. Fitting of non-approved parts in tap body or end of line water flow regulating devices
6.3.5. Claims where repair or replacement works undertaken without prior approval by PESL Warranty or where works are undertaken by a non-approved service agent shall be rejected.
6.3.6. Product used with water additives, i.e., Cleaning and deodorizing additives in cisterns
6.3.7. Fair wear and tear, such as working seals in the inlet and outlet valves, including scratching from Cleaning, etc.
6.3.8. Inappropriate or non-approved connection fittings connecting Products to sewer
6.3.9. Non-written approved modifications to the Products
6.3.10. Damage as a result of obstructions due to inadequate flushing of system before use and problems caused by water supply (including silt, thread tape, silicone, copper shavings, corrosion and excess water pressure)
6.3.11. Failure to regularly clean or replace dirty or blocked outlet aerator inserts in tapware and/or showerheads, etc.
22.214.171.124. Service or repairs with non-standard replacement parts previously undertaken without our written approval
6.3.13. Removal or non-installation of flow regulator in tapware or showers or regulated check valve or check valves in hand showers or veggie mixers
6.3.14. Damage to finishes by adhesives, sealants or abrasive cleaners, etc.
6.3.15. Damage to finishes that arise from installation or post-installation use
6.3.16. Damage due to abuse of Product as determined by an authorized Service Agent or PESL warranty
6.3.17. Failure to observe manufacturers care and maintenance instructions
6.3.18. Harsh detergents or abrasive cleaners and products used in a commercial application will not be covered by the warranty.
6.3.19. Additional work will require authorization from PESL Warranty
6.3.20. Any other failure to comply with installment, usage, cleaning requirements or procedures, except to the extent that a customer can demonstrate that at the time of purchase, the Product was faulty or defective and at that time, the Customer was not aware of such fault or defect.
6.3.21. Where Goods are coupled with a product not supplied by PESL, Our warranty is limited only to Our Product
6.3.22. Items labelled as Clearance – Any item specified as Clearance (whether online or in-store) is covered by a 12-month limited warranty.
6.4.1. In respect of any warranty applicable to the goods sold to the Customer, no claim by the Customer, whether for alleged damaged or defective goods, shortage or for any other cause whatsoever, will be recognized by PESL (and all such claims will be deemed absolutely waived by the Customer) unless notified in writing to and received by PESL within seven (7) days after the date of delivery or collection as the case may be.
6.4.2. In the event that problems are encountered with installing PESL’s products, and the Customer does not contact PESL for assistance or clarification at the time of encountering such problems, PESL will not be liable for any additional, ancillary or consequential loss, expenses or charges associated with installation.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
1. act of God explosion flood tempest fire or accident;
2. war or threat of war sabotage insurrection civil disturbance or requisition;
3. acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
4. import or export regulations or embargoes;
5. strikes lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
6. difficulties in obtaining raw materials, labor, fuel parts or machinery;
7. power failure or breakdown in machinery.
8. Force Majeure
8.1. We will not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance.
We may change any provision in these Terms and Conditions without notice, so we advise that, even if you are a frequent purchaser from us, you check these Terms and Conditions whenever you want to purchase products from us. Any change of these Terms and Conditions will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
We reserve the right to refuse supply of the products or services ordered by you, terminate our Contract with you or terminate your account with us, and to remove or edit the content on our website at our sole discretion and without incurring any liability to you.
Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by Email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party
If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.
Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
The Seller is a member of the group of companies whose holding company is Pokarna Engineered Stone Limited and accordingly the Seller may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of its group provided that any act or omission of any such other member shall be deemed to be the act or omission of the Seller.
The Buyer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior consent of the Seller in Writing.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any right or remedy under the Contract is only effective if given in writing. No failure or delay by the Seller to exercise any right or remedy provided under the Contract or by law shall constitute waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator by agreement or (in default) nominated on the application of either party by the President for the time being of the Chartered Institute of Arbitrators. The place of arbitration shall be Secunderabad and the language of the arbitration shall be English.
The Contract shall be governed by the laws of India.