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Terms & Condition

Emambit Private Limited a Company incorporated under the provisions of the Private Limited Act 2008 (LLP Act) (“Emambit Private Limited “) have agreed to providing projects consulting, installations and commissioning , Electrical consulting , Engineering Services , Machines installations and plant relocations work to the customer under the following terms and conditions.

  1. Warranty: Emambit Private Limited will provide such warranty/ performance guarantee per our quote.
  2. Contracting services: Emambit Private Limited will require a minimum time of 4-6 weeks time to allocate engineers for projects.once the order has been accepted and payment has been realised. During the set up period Emambit Private Limited will not be responsible for any inconvenience/ losses caused due to any delay. The customer should given the undertaking not directly and indirectly hire our engineer who are assign to complete the project.Services: Emambit Private Limited support team will provide the necessary support and services and you can contact us by email to  bhupendra@emambit.com  which will be promptly attended by the support team. Our support timings are 9.30AM to 5.30PM IST, Monday through Friday (excluding public and other listed holidays)5. Price Change: Prices are subject to change without any prior notice, depending upon the pricing policies of Emambit Private Limited ,, Foreign exchange rate fluctuation levels etc.
  3. Maintenance and Support: Emambit Private Limited shall provide Customer with support service for machines, if such services are specified in the purchase order and are paid for. support service shall not include services for problems arising out of improper use of the machines or use of unskilled operators , break down , accidents or problems pertaining machine wear and tears, Transit damage, OEM manufacturing problems. These terms of service Emambit Private Limited may immediately terminate the agreement and any or all service purchase orders at its sole discretion,
  4. Limitation of Liability: Emambit Private Limited liability for any claim arising out of or relating to these terms of services or the provision of any service under service order shall be limited to the amount of fees paid by client to Emambit Private Limited for the un-expired service period only. In no event shall Emambit Private Limited be liable for any loss of Productions, loss of business, loss of opportunities or any other special or incidental loss relating to direct or indirect business of client. This limitation will apply even if Emambit Private Limited has been advised of, or is aware of the possibility of such damage.
  5. Disclaimer of Warranties: Emambit Private Limited does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the services or any information that may be obtained there-from is at customer’s own risk. The services are provided on an “as is” basis, and customer’s use of the services is at its own risk.Emambit Private Limited specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this agreement, any written material by Emambit Private Limited or information of Emambit Private Limited website shall be for information purposes only and, whether delivered or disseminated before or after the date of these terms of services shall not create any express or implied warranty, guarantee of performance or contractual obligations on Emambit Private Limited .
  6. Appropriate rigging equipment i.e. cranes, lift trucks, fork lifts etc including drivers and/or operators to unload and positions equipment in the building.
  7. All necessary services to unload equipment.
  8. All User manuals will be provided for the machine.
  9. OEM will provide all backend support online.
  10. Customers/OEM will provide all mechanical and electrical drawing.
  11. All mechanical passcode details will be provided by the customers/OEM.
  12. The customer/OEM will provide all machine electrical and software backup.
  13. Concrete foundations and all required civil engineering including floor finish as per OEM drawings.
  14. Drains and trenches as per OEM layouts.
  15. All utilities like electrical power, Cutting, welding, lighting, water, air, hydraulic etc as applicable and required in OEM manuals.
  16. Qualified and skilled personal for mechanical run of the equipment.
  17. Insurance of all equipment during installation and commissioning period.
  18. Any damage to the electrical/electronic part or mechanical part during installation will be borne by client.
  19. Any modification to the machine layout, frames, electrical wiring, component change, PLC program etc will be done by client.
  20. In case additional support is required to complete the installation that will be arranged by client at their expenses.
  21. For the purposes of the expression “force majeure” means, but shall not be limited to, industrial dispute, fire, mobilization, requisition, embargo, currency transfer prohibitions, insurrection, lack of means of transportation, restrictions of the use of energy, and generally any circumstances which are beyond the control of the Emambit and hinder performance. Regardless of what might otherwise follow from this contract, Emambit shall be entitled to terminate the contract by notice in writing to the client without incurring any liability.
  22. If circumstances of force majeure continue and Emambit resources are deployed to the client site, Client is liable to pay to Emambit for the man days lost due to such circumstances. In case no resources are deployed contract can be terminated by a notice in writing without incurring any liability to the client.
  23. Emambit has no liability for any loss of production, loss of profit, loss of use, loss of contracts or loss of interests. Furthermore, Emambit shall not be liable for any damages, any consequential damages or any losses for whatever reason during the period of contract.
  24. Emambit has no liability for any data losses which could have been avoided by correct and regular data-storage by the Customer.
  25. The Emambit obligations consist primarily of using proper care and skill in performing the work and ensuring that the parts installed by Emambit are free of imperfections.
  26. If a third party claims against Emambit the Customer has to defend and to hold harmless as well as to compensate the contractor within the scope of the liability limitation of this contract. The customer has to apprise Emambit hereof.
  27. In case of dispute, The legislation of the Republic of India (Delhi) will be applied.
  28. Emambit management will give the undertaking to protect all technical confidential information such as all technical drawing, technical information.

Governing Law and Forum:

All disputes arising out of or related to these terms of service or service order the parties irrevocability consent to the exclusive jurisdiction of the Courts at Delhi in India.

Refund policy:

In general, no refund shall be provided. However in exceptional cases, refund may only be given for an order, if the order is canceled within 5 days after making the payment but before any work has been done towards starts of services and that too upto 75% of the payment received.
If the work has already begun in terms of installation no refund is given.

Indemnification:

Client shall defend, indemnify and hold harmless Emambit Private Limited from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorney’s fees, litigation expenses) arising out of or relating to any breach of these services by client. Client and Emambit Private Limited will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to these terms of service.

Assignments:

Customers may not assign these terms of services in whole or in part either voluntarily or by operation of law and any attempt to do shall be void and default of this agreement.

Entire agreement and waiver:

These terms of Service constitute the entire agreement between Emambit Private Limited and client with respect to the subject matter hereof. All prior agreements representations and statements with respect to such subject matter are superseded. Any failure of either party to exercise or enforce its rights under these terms of services shall not act as a waiver of subsequent breaches.

Substitution:

Emambit Private Limited may substitute changes or modify the software or hardware at any time but shall not thereby substantially after the technical parameters of the services.