Terms and Conditions
These Terms and Conditions are effective from June 01st, 2023.
If you have previously agreed to a version of our Terms and Conditions before June 01st, 2023, please note that these Terms and Conditions will be effective from March 01st, 2022. Please be aware that by continuing to use our website after this date, you are accepting these updated terms.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK THE “I accept the Terms and Conditions” BUTTON WHILE PLACING THE ORDER.
The rules, terms, conditions, policies and guidelines (collectively referred as “Terms and conditions” hereinafter) associated with the use of the website and all the purchase orders you place on the website are mentioned here.
The website www.outvis.com or it’s sub domains (referred as “website” hereinafter)is owned by Hyper Telematics Private Limited(referred as “Hyper Telematics”, “we”, “us”, “our” hereinafter)having a principal place of business at A-108, Pratik Industrial Estate, Mulund-Goregaon Link Road, Bhandup (West), Mumbai- 400 078, India.
By accessing, browsing, placing order or otherwise using the website indicates user’s agreement to all the terms and conditions under this agreement.
Transaction on the website is available only to persons who can form legally binding contracts under Indian Contracts Act, 1872. By accepting the terms of this Agreement, you hereby represent and warrant to us that you are a natural person or authorized representative of a legal entity who is of age 18 years or older. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
Users’ terms and conditions of purchasing and / or of payment do not apply here. Only the terms and conditions herein apply even if those of the users are not expressly contradicted. This affects all products or services unless written agreement has been made to the contrary. Specific commercial terms and conditions given by seller on any product offered for sale on the website including but not limited to price, shipping cost, payment methods, payment terms, delivery, warranties and after sale services are part of this agreement. And if the specific commercial terms and conditions mentioned above are in contradiction to the terms and condition mentioned in this agreement, then specific commercial terms and conditions, to the extent of contradiction, will overrule this agreement and other portions of this Agreement shall remain in full force and effect.
Hyper Telematics on the website presents goods and services including but not limited to elevator sets, parts of elevator and any other mechanical, electrical, electronic and robotics goods and related services (referred as “Product” hereinafter) for the user to submit the order.
ORDER AND CONFIRMATION
The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the user to submit an order. Placing an order is tantamount to submission, by the user, of a request to enter into a contract of sale for the products covered by the order. The offer is considered as accepted by Hyper Telematics, the moment an e-mail confirming the acceptance of order is sent to the address provided by the user while placing the order, or at the time of concluding the individual contract of sale. The user may place the order on the website by completing the payment procedure.
User understands that Hyper Telematics on a reasonable ground like unavailability of products in stock or unexpected change in cost of product, may amend or cancel the order even after receipt or acceptance or order. In case of such cancellation of order any money received shall be refunded within 21 (Twenty-one) days of cancellation/rejection after deducting administration expenses (if any).
All orders are non-binding as to pricing and shipping availability.
FURTHER INFORMATION/ DETAILS
Hyper Telematics may ask for additional information/ details/specification and/or approval of certain specifications including drawing from user as and when required to verify the user’s requirement and to proceed further for acceptance/ rejection of the order or to proceed for manufacturing/ delivery.
ACCEPTANCE OR REJECTION OF ORDER
Hyper Telematics may, at its discretion, accept or reject the order. Hyper Telematics will accept your Order by sending an order confirmation on email id provided by you at the time of placing the order. In case Hyper Telematics rejects your order then any payment made by you will be refunded within 21 (Twenty- one) days of cancellation/rejection of order, after deducting administration expenses (if any).
Hyper Telematics due to any unavoidable reasons including but not limited to following causes, has right to reject the order:
- If product or part there-of is no longer in stock.
- If the product to be delivered are unexpectedly unobtainable on the market.
- If law restrict us to deal with the product ordered by user.
- If our supplier does not deliver product.
- If we are unable to deliver products at address provided by you.
CANCELLATION OF ORDER BY USER
Hyper Telematics can reject any request for cancellation of order received from the user once the order is placed and payment is received by Hyper Telematics.
Tentative delivery period may be mentioned in the product description and/or in the order summary. Delivery periods given are not binding. The buyer waives their right to claim damages, compensation or refund due to delay in delivery for any reason whatsoever.
All products shall be packed for shipment, in a manner sufficient to ensure that the products are delivered in undamaged condition. Products will be packed in wooden boxes or cardboard boxes or plastic wrap or will not be packed if packaging is not required for that product.Buyer may be presented multiple packaging option wherever applicable and may be charged additionally, depending on the buyer’s selection of type of packaging.
Buyers may be presented multiple shipping options during placing an order and user may select any one of the shipping options available therein. If shipping of product is in our scope, it is at our discretion and we may choose any of our logistic partners for the sale unless a specific logistic partner is mutually agreed upon.Productswill be delivered to the address provided by you at the time of ordering the product. If shipping to your site is not in our scope you may collect product/s from warehousing facility.
Indian users, while placing an order, if opt for collection of product/s from Hyper Telematics’ warehouse facility, Delivery and Shipping charges will be Nil. If any other option is selected user may be charged additionally, depending on the user’s selection of shipping method/terms/type.
Foreign users may be presented multiple options for shipping during placing an order and user may select any one of the shipping options available therein. User may be charged additionally, depending on the user’s selection of shipping method/terms/type.
Hyper Telematics issues a Sales Invoice for every concluded transaction. An Invoice may be made in part or full depending on terms of delivery and/or terms of payment etc. Invoice will be sent to consumer on email along with shipping details and hard copy of the same will be delivered with product or part thereof.
For Indian Buyer, on an eligible business purchase, Buyer may be able to avail the benefit of GST input Tax Credit. Accordingly, Tax Invoice containing the GSTIN associated with registered business and entity name of registered business as provided by buyer shall be issued to Buyer on sale of product. Please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states. Hyper Telematics is not responsible to verify the correctness of the GSTIN and/or entity name provided by buyer and buyer shall be entirely responsible to provide the accurate details. Hyper Telematics shall not entertain any request for any revision in the GST Invoice.
For buyers outside India, no local sales tax/ value added taxwill be applicable as the sales are considered as export sales. Accordingly, commercial invoice containing the details as provided by the buyer shall be issued.
All pricesare applicable as quoted on our website at the time of ordering the products.For Indian Users, Prices on the website are Ex-Factory price in Rupees, net, excluding taxes and charges.For GlobalUsers, Prices on the website are Ex-Factory price in US Dollars, net, excluding taxes and charges.
Delivery and ShippingCost:
Delivery and Shipping costs will be charged in addition to the price of the ordered products depending on the selection of shipping method/terms/type.
Packing charges will be charged in addition to priceof the ordered productsdepending on the user’s selection of packaging type.
To complete the payment procedure, user may select one of the following payment options as provided by Hyper Telematics on the website:
- Electronic Fund Transfer (NEFT/RTGS/IMPS etc.) through internet banking
- Cheque Deposit
- Through payment gateway
- Or any other payment method provided on the website
A receipt of payment will be sent to your registered email address within 24 (Twenty- four) hours once the payment is successfully received by Hyper Telematics. User shall make full payment in advance without the right of set-off, deductions, or counterclaim.
Product may be covered by manufacturer’s warranty. If a product comes with a warranty, the provisions therein are binding. Terms on the warranty period for particular product or parts thereof can be found in the products’ description provided on the website.
All the Warranty for the product if any available is manufacturer’s liability. Hyper Telematics is not liable unless and until explicitly mentioned in writing.
If user cancels the order once the order is placed and payment is received by Hyper Telematics, Hyper Telematics will not entertain any refund request except in the case of cancellation/Rejection of the order by Hyper Telematics. Also, in case of defective products, if repair or replacement is unsuccessful, then Hyper Telematics, at its discretion, entertain and/or process refund for the product/s or part thereof as may be determined to be defective by Hyper Telematics. Hyper Telematics will refund amount received after deducting administration expenses (if any).
Since our products are prepared with specific requirements thus, our products are not eligible for return once the order is delivered except in case of wrong delivery, product recall or repair and replacement. Detailed terms and conditions for the same are given in clause 17, 18 and 19 of this agreement.
REPAIR AND REPLACEMENT
Hyper Telematics sells high-quality products. The methods of transport, storage and packaging provides protection from mechanical and electrical damages. However, it is not possible for us to give guarantee for delivery of defect-free/damage-free products. Unless otherwise specifically included in the product description, Products comes with repair/ correction and replacement facility. If any product is shipped with obvious defects, then buyer must inform the seller within 48 (Forty-eight) hours of delivery. If required by Hyper Telematics, buyer shall send back the product to the address of service center as provided by Hyper Telematics. Decision of repair or replacement will be made by Hyper Telematics and/or Manufacturer or its Authorised Representative after technical testing (if required). If such repair or replacement is unsuccessful then only refund may be demanded for such part as may be determined to be defective. The amount of refund will be as per the Clause number 15 (Refund) in this agreement. Hyper Telematics may conduct inspection for detecting reason for damage of product. If it is found that the damage is due to buyer’s negligence or product is damaged during/ after shipment, Hyper Telematics and/or manufacturer may decline to provide warrantee or replacement or refund service and will charge any administration cost incurred for the inspection. Liability under product liability law is also unaffected by this provision.
In case of delivery of product other than that was ordered or if something is missing from your order, user shall inform Hyper Telematics immediately on receipt of the product. Hyper Telematics shall send the right product as ordered on receipt of wrongly delivered product. Charges for the delivery of product back to the Hyper Telematics, on address provided by Hyper Telematics will be borne by Hyper Telematics.
In case of wrong delivery or delivery of defective product in full or part, Hyper Telematics may take suo moto action and recall such product in full or part to the extent it is defective and modify/repair/replace the same, unless and until parties mutually agree otherwise. If a product/s or a part thereof is recalled for its defect, the buyer must return the product within the time mentioned in the product recall notice. In case buyer does not return the recalled product within such time for any reason whatsoever, no claim for defective products will be entertained. Charges for the delivery of product back to the Hyper Telematics, on address provided by Hyper Telematics will be borne by Customer.
Since products are supplied as received from Manufacturer without any alteration or modification hence buyer agrees that any Liability arising out of any injury to individuals or damage to property as a result of the ownership, possession, or use of the product manufactured, sold, leased, or delivered is to be borne by Manufacturer only and Hyper Telematics will remain indemnified by such liability and buyers will indemnify Hyper Telematics or its officers, directors, employees, shareholders, subsidiaries, divisions, affiliated companies, assigns, agents, sub-contractors from any product liability, claim, damages, charges, lawsuits etc.
In no event shall Hyper Telematics be liable for any incidental or consequential damages, including but without limitation, losses, damages or expenses arising from handling, storage or installation, use of the product. The risk for the products shall pass to the buyer at the time of delivery, even if the Hyper Telematics agrees to perform delivery of the product. Buyer is liable for Quality check of the product on receipt of its delivery. It is solely buyer’s duty and responsibility to check if delivered product is right fit for installation or usage, before its installation or use. Hyper Telematics and manufacturer will not be liable for failure, damage or defects due to compatibility issue between the product and installation or usage environment. Any damage due to modification, alteration or repair of product after delivery is also liability of buyer only and Hyper Telematics and manufacturer are not liable whatso ever. In any other case liability is limited to Purchase price of the product.
The User shall unconditionally and irrevocably, (jointly and severally in case of partnership concern) indemnify Hyper Telematics, and their officers, directors, employees, shareholders, subsidiaries, divisions, affiliated companies, assigns, agents, sub-contractors against any claims, losses, costs, actions, suits, damages and or otherwise arising due to or on account of violation of any terms and conditions of this Agreement, violation of trademarks, patents, copyrights and licenses and shall always keep Hyper Telematics, and their affiliates, subsidiaries, successors, assigns, officers, directors and employees, indemnified at all times, from and against all claims, losses, damages, costs, actions, suits, compensation or expenses or otherwise, if any, that the Hyper Telematics may incur by reason of any action, proceedings which may be brought by or against or taken against Hyper Telematics, by anybody, for anything of any nature whatsoever. This clause shall survive the termination of this Agreement for any reason whatsoever.
LIMITATION OF LIABILITY
Under no circumstances shall Hyper Telematics be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, lack of shipping space, embargoes, actions of Government, strikes lockouts, fire, accident, explosion, theft, food, riots civil commotion, war, delay in supplies of raw materials and components at our work due to any or all of the reasons, such as energy crisis electricity cut, rail / road transporter’s strike, go slow, bandhs, non-availability of essential raw materials, act of God or of the State’s enemies or act of third party.
In no event shall Hyper Telematics be liable for any incidental or consequential damages, including but without limitation, losses, damages or expenses arising from handling, storage or use of the product. In any other case liability is limited to Purchase price of the product.
Notwithstanding any opposing terms in the Agreement, the parties are not liable for lack of fulfillment of obligations that can be attributable to force majeure. The liability persists as long as effect of force majeure exists. Force majeure conditions are outside the parties’ control and responsibility and could not have been foreseen in the Agreement. Examples of force majeure but not limited to are unusual natural conditions, war, terrorism, fire, flood, pandemic, vandalism and labor disputes.
The Liability exclusion effects are in place only as long as the obstacle connected to these effects persists. If an obstacle ceases to exist, the party concerned must fulfil its obligations.
Hyper Telematics may suspend or terminate your use of the website, with immediate effect by delivering notice of the termination, if it believes in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions. Here the user shall have no claim of any kind whatsoever against the Hyper Telematics by reason of such termination.
GOVERNING LAW AND VENUE
The contract will be governed by the Indian Contract Act and all other relevant laws. All disputes are subject to the jurisdiction of Mumbai, Maharashtra, India. If any provision(s) of this Agreement is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HYPER TELEMATICS HAVE AGAINST EACH OTHER ARE RESOLVED.IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
In the case of disputes, controversies or claims involving Hyper Telematics, you agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us on our Email available on our website. You agree that any cause of action arising out of or related to this User Agreement must commence within 72 (Seventy-Two) hours after the events giving rise to the cause of action first arose; otherwise, such cause of action is permanently barred. If we are not able to resolve your claims within 90 days of receiving the notice, you may seek relief through arbitration as set forth below.
Arbitration: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
Waiver of Class or Consolidated Actions:All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one user or user cannot be arbitrated or litigated jointly or consolidated with those of any other user or user. The user waives the right to Class or Consolidated Actions.
If any of the provisions of this Agreement are held by a court orother tribunal having jurisdiction to be unenforceable, the parties intend that the provisionshall be enforced to the maximum extent permissible, and the remaining portions of thisAgreement shall remain in full force and effect.
Notices concerning this Agreement, notices of alleged or actual violations of the terms or conditions of this Agreement, and other notices of similar importance shall be made:
By the User to Hyper Telematics:
Address: A-108, Pratik Industrial Estate, Mulund-Goregaon Link Road, Bhandup (West), Mumbai- 400 078
Email Address: email@example.com
And by Hyper Telematics to User:
Address and email as registered at the time of placing the order.
Personal identification information
We may collect personal identification information from Users in a variety of ways in connection with activities, services, features or resources we make available on our Site.. Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
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How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.