TERMS AND CONDITION FOR USE OF WEBSITE AND BUYING
These General Terms and Conditions for Use of website and buying (The “Terms and Conditions for use”) apply and form an integral part of the website use.
This statement covers the terms of use for all users of this Site. The Site is owned and operated by Metal Work Pneumatic India Private Limited hereinafter called as “MWPI”. All of the contents, including text, images, product descriptions, illustrations, design, software files and audio and video materials (“Materials”), contained in this Site are provided by MWPI subject to your compliance with the terms and conditions set forth below. If you do not agree to the terms and provisions of this Legal Notice, you should not use the Site or download Materials from the Site.
The Site and its Materials are owned by MWPI and are copyrighted. You may not distribute, modify, reproduce or use any Materials, in whole or in part, without the prior written consent of MWPI, except that you may download Materials for your non-commercial, personal use only, provided you keep intact all copyright and other proprietary notices.
Trademark Information
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on this Site without the written consent of MWPI or such party that may own the Trademarks. The absence of a product or service name or logo anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo. All other products and brand names are trademarks and/or registered trademarks of their respective companies.
Download
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by MWPI. Use of the Software is subject to the license terms in the Software License Agreement that accompanies the Software. MWPI does not transfer title of the Software to you. You own the medium on which the Software is recorded, but MWPI retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Third Party Companies and Products
Mention of third party products, companies-Vmeca and web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. MWPI makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between you and the vendor. Links to third party web sites are provided solely as a convenience to you. MWPI has no control over the contents of any other web site and makes no representation whatsoever regarding the content of any other web site. When you use these links, you will leave this Site. MWPI does not endorse or have any responsibility for the content, information, and products on the site or for materials and information contained in any third party web site.
Disclaimer
The site and its materials provided “As is” on Vmeca.com and without warranties of any kind either express or implied. To the fullest extent permissible by applicable law, MWPI disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.
MWPI does not warrant the accuracy and completeness of the Materials or services provided at this Site. MWPI also does not warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free from viruses or other harmful components. Some jurisdictions may not allow the exclusion of an implied warranty so some of the above exclusions may not apply to you in all circumstances.
Limitation of Liability
In no event will MWPI assume any responsibility for any damages that result from your access to, use of, or inability to use, this site, or from your downloading of any materials from the site, even if MWPI or its authorized representative has been advised of the possibility of such damages. Your use of the site is at your risk, neither MWPI shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out or your access to, or use of, the site.
Some jurisdictions may not allow a limitation or exclusion on damages, so the above may not apply in all circumstances. In no event shall MWPI ‘s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Update of Terms and Conditions
Herein MWPI may from time to time revise these Terms and Conditions by updating this posting. Please visit this page periodically to review the current Terms and Conditions because they are binding on you. Your continued use of the Site will mean you accept any changes.
Court of Jurisdiction, Applicable Law
Court of Jurisdiction for all the disputes arising from the website and our contracts concluded on the basis of these General Terms and Conditions shall be the competent court at MWPI’s domicile which is in Bangalore. The Law of India shall apply to the exclusion of international legal provisions (Especially to the exclusion of the UN Convention on Contracts for the International Sale of Goods) –even if the Buyer has his registered office in a foreign Country.
Discontinuation of Products.
MWPI reserve the right to discontinue manufacturing and sale of products at any time. If however at any time during the term of an agreement under which MWPI sells and buyer purchases products on a regular basis such regularly sold and purchased products are to be permanently discontinued, MWPI shall use its reasonable commercial efforts to give buyer priory written notice of such discontinuance and shall use reasonable commercial efforts to accept last time buy orders for such discontinued products all in accordance with MWPI product discontinuation process and general information related thereto as published on website.
Severability clause
The invalidity, infeasibility or incompleteness of one or more provision in the terms and conditions or in contract concluded on the basis of these General terms and conditions shall in no way affect the validity of these general terms and conditions or the relevant contract. The invalid provision shall be substituted by the statutory provisions.
The failure on the part of either party to exercise, or any delay in exercising, any right or remedy arising from any offer, confirmation or agreement shall not operate as a waiver thereof, not shall any single or partial exercise of any right or remedy arising there from preclude any other or future exercise thereof or the exercise of any other right or remedy arising from any offer, confirmation or agreement or from any related documents or by law.
Notices
All notices and commutations to be given under these terms and conditions shall be in writing and shall be deemed delivered upon hand delivery, confirmed facsimile communication, or three days after deposit in the mail of the home country of the party, postage prepaid, by certified, registered, firs class or equivalent mail, by returned receipt confirmed email, addressed to the parties at their addresses set forth on the offer, confirmation and or agreements.
