Unless otherwise explicitly agreed in writing, the conditions as set out below apply to each and every transaction for the sale of goods and materials and/or design services by (makeitortakeit.in) to a purchaser of Goods and/or Services.
These conditions shall apply to all orders placed with (makeitortakeit.in) by the purchaser. Acceptance by us of any order is conditional upon acceptance by the Purchaser of these conditions which shall override all other terms and conditions inconsistent herewith, whether expressed, implied or otherwise including terms, conditions or stipulations contained in the Purchaser's purchase order or other form of writing or otherwise stipulated by the Purchaser and with are at variance with or additional to these conditions. The same shall not be binding upon (makeitortakeit.in) unless specifically accepted and signed by (makeitortakeit.in).
Risk of loss due to damage or destruction of Makeitortakeit.in’s Products shall be the responsibility of the Purchaser after delivery to the carrier for shipment. Makeitortakeit.in will select the shipper unless Purchaser requests a reasonable alternative. All orders are subject to acceptance by Makeitortakeit.in
Purchaser shall not, at any time, directly or indirectly, use any intellectual Property of (makeitortakeit.in), or engage or attempt to engage or assist any other Person to use any intellectual Property of Makeitortakeit.in. Purchaser specifically undertakes and agrees that Purchaser shall not (and shall ensure that its Affiliates do not), “reverse engineer”, adapt, or modify the Products, the Spares or any parts thereof or their components, or make any attempts to do so whether for its own benefit or that of any third party, or assist any third party in doing the same, and hereby expressly waives any rights that it may have under applicable law in this regard.
It is agreed and understood that all right, title and interest in and to the Trademarks are and shall at all times remain the exclusive property of Makeitortakeit.in.
Purchaser agrees to protect Makeitortakeit.in and hold Makeitortakeit.in harmless from any loss or claim arising out of the negligence of Purchaser in the installation, use of Makeitortakeit.in’s Products.
“Confidential Information” as used in this shall mean any and all technical and non-technical information including but not limited to legal and non-legal opinions, financial details, patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software, software programs, software source documents, Application Program Interface (API), designs, drawings, sketches and formulae related to the products and services of Makeitortakeit.in, and includes, without limitation, their respective information concerning development, design details and specifications, engineering, information and documentation.
Governing Law: This contract shall be construed and interpreted in accordance with the laws of Republic of India and the courts of Mumbai, India hall have exclusive and sole jurisdiction over this Agreement.
Acceptance of a purchase order by Makeitortakeit.in cannot be construed or implied to create an obligation on Makeitortakeit.in's part to accept, subsequent purchase orders for any of the goods and/or services.
The prices of the Goods or Services at the current prices will be mailed.
However this price is inclusive of packaging and shipping and CST/VAT exclusive of other duties and taxes, insurance etc. which may be charged as applicable.
Makeitortakeit.in reserves the right to adjust the price at any time.
This Pricing is applicable for deliveries with in India.
RISK AND PROPERTY
Risk of damage to or loss of the Goods passes to Purchaser on delivery or, if the Purchaser fails to take delivery without good cause, at the time when delivery is tendered.
Title to and property in the Goods does not pass to the Purchaser until Makeitortakeit.in has received full payment of the Price and all other sums due to Makeitortakeit.in from the Purchaser.
LIMITATION OF LIABILITY
All our parts are tested and free from defects. If defects arise, we will at our option, repair or replace the products purchased. Our liability under this warranty is subject to us being satisfied that the material is faulty due to poor quality material or workmanship. We will not be responsible for any damage caused by incorrectly connecting or improper use of the material. Furthermore, we will not be liable for any damage to third party or attached equipment to which these products are used.
Makeitortakeit.in is not liable to the Purchaser because of any representation, or any warranty (express or implied), condition or other term, or any duty in common law, or under the express terms of the Contract, for : (a) any loss of profit, business contracts, opportunity, goodwill, revenue, anticipated savings, expenses, costs or similar loss; and/or (b) any indirect, special or consequential loss or damage; and in the case of either paragraph (a) or (b) above whether caused by negligence, breach of contract, tort, or breach or statutory duty of Makeitortakeit.in , arising out of or in connect with the Contract.
Any other liability of Makeitortakeit.in to the Purchaser in contract, tort, and negligence, breach of statutory duty or otherwise arising out of or in connection with the contract is limited to the Price.
These Conditions and the documents referred to in them, set out the entire agreement between the Parties and supersede any prior written or oral agreement between them relating to the subject matter of the Contract and the Purchaser acknowledges that in entering into the Contract, it has not relied on any representation not expressly set out in the Contract.
If any provision of these Conditions is held to be illegal, void or unenforceable the legality, validity and enforceability of the remainder of the Contract is not to be affected.
Nothing in this contract excludes liability for fraud.
No person (either legal or natural) who is not a Party has a right to enforce any term or condition of the Contract.
All suspected fraud causes are handed directly to the relevant authorities without exception.
SHIPPING & RETURN POLICY
Delivery occurs when the Goods are handed over to the Purchaser or carrier company or delivery representative. Delivery dates quoted are approximate only and Makeitortakeit.in will not be liable for any delay in the delivery of the Goods.
If the Purchaser fails to take delivery of the Goods or fails to give adequate delivery instructions & it returns to Makeitortakeit.in then Makeitortakeit.in reserves rights to decide whether to resend parcel or not.
Any claim by the Purchaser for none or incorrect delivery must be advised to Makeitortakeit.in within 10 days of receipt of the goods.