Smart Packaging Systems- STANDARD TERMS & CONDITIONS:

Welcome to Smart Packaging Systems. If you continue to proceed and use this website, you are agreeing to conform with, and be bound by the following terms and conditions of use, which together with our privacy policy govern the Smart Packaging system’s relationship with you in relation to this website. If you do not comply or disagree with any part of these terms and conditions please do not use this website and/or contact us to discuss your concerns prior to using our website. The content of the pages of this website is for your general information and use only. It is subjected to change without any notice.

DEFINITION/INTERPRETATION

"Seller" means Process Plant and Machinery Limited. "Buyer" or “User” or “Customer” means the company, firm, person, or body of persons from whom an order is received and whose name is printed on the invoice. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of the Equipment, incorporating these Conditions. "Order" means an order placed by the Buyer with the Seller to purchase the Equipment. "Equipment" means the plant, machinery, apparatus, articles, or items set out in the contract and mentioned in the description of the invoice. "Conditions" means these sale terms and conditions may be amended from time to time in accordance with the clause. SALE OF MACHINES .
01 QUOTATION:

1. The quotation, of which these terms and conditions form part, is valid for the period mentioned in the Smart Packaging System’s quotation and may, thereafter, be subject to revision. All orders are in accordance with Smart Packaging Systems quotations are subject to acceptance by Smart Packaging System.
   

02 PRICE:

1. (a) Price quoted is for delivery Ex-Works. The charges for packing, forwarding, transportation, and insurance (if not mentioned) and all taxes(including value-added tax or sales tax), and duties, or other charge imposed by or by the authority of any governmental authority concerning the manufacture, sale, transportation, delivery, and/or use of the goods shall be extra.
2. b) In case Works Contract Tax and/or Excise Duty are levied on the total system value at the site, the same shall be fully reimbursed.
3. c) Any increase in duties of import on materials, instruments, equipment, etc. imported for use in the machine will be to the customer's account.

03 PAYMENTS:

1. a.) The execution of the order including supply will commence only on the receipt of a written order and 100% advance payment. Time for payment shall be of the essence. shall be made in Rupees and shall be paid by electronic transfer to the Seller's account or by cheque.
2. b.)Payments should be made in the direction specified by the Smart Packaging System. Terms of payment shall be in accordance with the Smart Packaging System invoice and shall be subject to change by the Smart Packaging System in the same manner as changes in price.

04 INSPECTION:

1. Test Certificates issued by Smart Packaging Systems shall be conclusive evidence as to the guaranteed performance of the machine and will be binding on the customer. When the machine is ready, we shall inform the customer and he shall depute his authorized representative to our works within 2 weeks for its inspection which shall be as per our Test Charts, and acceptance of the machine by him shall be final and binding on the customer.

05 DELIVERY:

1. a) Delivery shall be as mentioned in our quotation and shall be Smart Packaging Systems Works. The delivery may be in one lot or parts and shall be billed and paid for accordingly.
2. b) While we shall endeavor our best to adhere to the delivery schedule, we shall not accept from the customer any 'penalty clause' or cancellation of the order, on account of any delay in the delivery for reasons beyond our control. The Smart Packaging Systems shall not be under any liability whatsoever for the consequences of any delay in the delivery.
3. c) We will not be responsible for any consequential damages whatsoever arising out of delay in delivery, erection, or commissioning of the product/system or for any default in performance of the contract.
4. d) The customer shall be responsible for transportation of the machine, when ready, from Smart Packaging Systems Works. If it is not taken delivery of and transported by him within 15 days, s/he shall, thereafter, pay US detention charges at the rate of 2% per month per machine price.
5. e) Upon delivery, the property in the machine shall pass to the customer, together with all liabilities and risks in respect thereof. If we, at his request, agree to transport the machine, the property therein shall be deemed to have been passed to him upon our giving delivery thereof to the transporters and, thereafter, we shall not be anyway liable therefore.
6. f.) We ship worldwide and the delivery charges are extra.

06 SHORTAGES OR DAMAGES:

1. Packing shortages caused at our Works, if any, shall be notified to us in writing (within 7 days from arrival of the machine at destination). failing which we shall have no liability. As regards shortages or damages while in transit, if any, we shall not be liable as the property in the machine shall have passed to the customer upon its delivery by Smart Packaging Systems.

07 INSURANCE: The machine shall, before its dispatch, be insured at the customer's costs and account.

1. a) We shall provide to the customer all requisite advice, guidance, and assistance in erection, commissioning, demonstration, and operation, including on-the-job trial for a component, of the machine at his Works. He shall provide the necessary fixtures and tooling for the trial if it is not in our scope of supply. The services of our engineers for the purpose shall be charged as per contract, charges for their travel, accommodation, and food will be to the customer's account.
2. b) At the customer's request, we shall provide, free of any costs, training at our Works to his operators or engineers in the operation, maintenance, or programming of the machine. Smart Packaging Systems Office – EB-38, Scheme No. 94, Opp. Anurag Nagar Petrol Pump, Ring road, Indore - 452001 (M.P.) Tel. :- 0731- 4983439, 4076606 Mob. No. :- 98270-35266, 98270-35265 Email: smartpack786@yahoo.com Smart Packaging Systems

09 POWER SUPPLY AND MACHINE ENVIRONMENT

1. Power voltage fluctuations must be within +10% and supply must be free from spikes/surges. Machine environment must be clean, away from heavy power equipment, induction furnaces, presses, welding sets, etc. If these conditions are not adhered to, we shall not be bound by our warranty. Electronic controls/electric panels may, preferably, be in an air-conditioned atmosphere.

10 INSTALLATION:

1. Unless otherwise agreed in writing by Buyer, Seller agrees that without further charge it shall assist, Buyer in the installation of any goods purchased under this Contract. Buyer and Seller shall agree in writing on the schedule for such installation and the role of each party in the installation process.

11 WARRANTY:

1. The only warranty binding on the Company shall be the warranty, a copy of which is annexed hereto.

12 FORCE MAJEURE:

1. We shall not be liable for damages or any other consequences in respect of delivery delays, or nonperformance of the contract otherwise if it is due to reasons or circumstances beyond our control, and despite due diligence and prudence.

13 GENERAL:

1. a) The customer's order, which shall be subject to these terms and conditions, shall become a contract only when it is accepted by us, notwithstanding receipt of any advance payment as deposit or otherwise.
2. b) If the customer cancels his order after its acceptance by us, or does not pay for the machine, or does not take its delivery, or does not otherwise perform the contract, within the stipulated time, we shall be entitled, without prejudice to our other rights, including the right of damages, to rescind the contract, and recover from the customer the balance of the contract price of the machine and other dues, if any, by setting off the proceeds of the said sale after deduction therefrom of storage and insurance and other charges.
3. c) Any addition or amendment by a party to the quotation, or these terms and conditions, or the Purchase Order or the contract, shall be subject to confirmation in writing by both the parties.
4. d) Unless otherwise agreed by the parties in writing, the contract cannot be assigned to a third party by either of them.

14 PROPOSAL AGREEMENTS:

1. This written proposal constitutes the entire agreement between the two parties. All prior discussions and oral agreements concerning the subject matter are merged herein. There have been no representations or promises except those expressly outlined in this proposal. In case of any difference in the interpretation, deliverables and prices as mentioned in this offer shall be binding on both parties.
   Smart Packaging Systems, Office – EB-38, Scheme No. 94, Opp. Anurag Nagar Petrol Pump, Ring road, Indore - 452001(M.P.)

15 ORDER CANCELLATION

1. a) Smart Packaging Systems reserves the right to cancel any order and terminate these terms and conditions with immediate effect where Customer breaches these terms and conditions, and fails to remedy such breach within 10 days of notification by Smart Packaging Systems; or makes an assignment for the benefit of creditors or proceedings are commenced by or for Smart Packaging Systems under any bankruptcy or insolvency law; or the discontinuance of business by Customer. Termination shall not relieve the customer from the obligation to pay any amounts that remain due to Smart Packaging Systems, and termination shall not limit either party from pursuing other available remedies.
2. b) A request for order cancellation, delivery rescheduling, or return of Products must be made in writing (stating the reason for the request). At all times, whether such a request is accepted is entirely at the sole discretion of the " Smart Packaging Systems .” Should the request be accepted by Smart Packaging Systems, reserves the right to invoice the Customer for costs and losses associated with the order cancellation or the delivery rescheduling.
3. c) The Customer must not return any Products without Smart Packaging Systems before written Authorization + Installation specification Designed scope charges + Return + Exchange + Refunds Smart Packaging Systems Office – EB-38, Scheme No. 94, Opp. Anurag Nagar Petrol Pump, Ring road, Indore - 452001 (M.P.) Tel. :- 0731- 4983439, 4076606 Mob. No. :- 98270-35266 , 98270-35265 Email : smartpack786@yahoo.co

16 RETURNS and REFUNDS POLICY The Smart Packaging Systems will repair, replace or refund customer purchases in the following circumstances only:

1. a) If the goods are found to be defective as determined by us or the manufacturer of the goods or machines.
2. (b) If the goods are damaged in transport and confirmed by the transport company.