+64 22 451 2320 info@apvm.com
Welcome to www.apvmelectronics.com!
This site is managed by APVM Electronics Private
LTD who are the sole e-commerce partners for apvmelectronics.com engaging in
sales and marketing of all products through their website www.apvmelectronics.com. APVM Electronics
completely authorises APVM Electronics Private Limited to engage in management
of the website www.apvmelectronics.com and
sale of all products listed and payment collection against these sales. By
accessing, shopping on this site, you indicate your unconditional acceptance of
these terms & conditions. We reserve this right, in our sole discretion, to
update or revise these terms & conditions. Continued use of the site
following the posting of any changes to the ‘terms & conditions’,
constitutes your acceptance of those changes. At “apvmelectronics.com ”, we try
our best to create a space where you can explore and shop for all products in a
safe and secure environment. All products and information displayed on
“www.apvmelectronics.com ” constitutes an "invitation to
offer". “APVM Electronics” reserves the right to accept or reject your
offer. Your order for purchase, constitutes your "offer" which shall
be subject to the terms and conditions.
APVM Terms & Conditions:
All
orders for products (“Products”) or services (“Services”) will be accepted by APVM
Electronics Pvt. Ltd (“APVM”) subject to these terms and conditions of sale.
Any person who places orders for Products or Services with APVM Electronics Pvt.
Ltd (“Customer”) is bound by these terms and conditions. No other terms will
apply to the supply of Products and Services by APVM Electronics Pvt. Ltd unless
agreed in writing by an authorized signatory of APVM Electronics Pvt. Ltd. APVM
reserves the right to amend these terms and conditions at any time. The most
current version of these terms and conditions can be found at www.apvmelectroics.com.
References to the “APVM catalogue” include APVM’s paper catalogue, APVM’s
website and any other catalogue of products published by APVM in any medium.
Descriptions
of the Products and Services in the APVM catalogue or otherwise communicated to
the Customer are approximate only and shall not form any part of the contract
with the Customer. APVM shall not be liable to the Customer for any errors or
omissions in its catalogue. The advertising of products and services in the APVM
catalogue is not an offer capable of acceptance, it merely constitutes an
invitation by APVM for the Customer to make an offer.
APVM
is a business-to-business supplier. The APVM catalogue is intended for use by
business customers and not for consumers or private individuals.
2. Prices
The
prices of Products and Services are as set out in the APVM catalogue that is
current at the date of dispatch of the Products or provision of the Services.
Products which are not listed in the APVM catalogue will be sold at the prices
set out in the relevant APVM quotation. All prices exclude GST. APVM reserves
the right to change prices without prior notice at any time.
3. Ordering
APVM
reserves the right to decline to trade with any company or person and may
decline to accept any order.
APVM
will not substitute an ordered Product for another unless requested by the
Customer, or unless the Product has been superseded by the latest version. If
the Customer confirms telephone, fax or internet orders, the confirmation must
be marked ‘confirmation only’ to avoid duplication. If the Customer orders the
wrong Product or quantity, or duplicates orders, clause 12 will apply.
4. Delivery
APVM
will aim to deliver Products in accordance with the Customer’s order. The
Customer’s delivery options, and the prices for them, are set out in the
current APVM catalogue or will be notified to the Customer at the time of order.
Delivery will be made to the Customer’s usual business address, unless
otherwise agreed in writing.
Times
and dates for delivery quoted in the APVM catalogue or by APVM’s employees are
approximate only and APVM shall not be liable for the consequences of any delay
in delivery.
Time
for delivery shall not be of the essence. Delivery of Products marked in the
catalogue as requiring special handling may (because of their nature) take
longer to deliver.
5. Inspection, Transit Delays and Non-delivery
The
Customer must inspect all Products as soon as reasonably possible after
delivery and shall, within 10 days of delivery or, in the case of (iv), the due
date for delivery, give written notice to APVM of:
(i) Any defect in a Product that is apparent on
reasonable examination. In this case APVM shall, at APVM’s discretion, replace
the Product or refund the purchase price.
(ii) Any shortfall in Products delivered. In
this case APVM shall, at its discretion, deliver the undelivered Products or
refund the price of the undelivered Products.
(iii) Any delivery of Products not in accordance
with the order. In this case APVM shall, at APVM’s discretion, replace the
Products or refund the purchase price.
(iv) Any non-delivery of the Products. In this
case APVM shall deliver the undelivered Products or refund the price of the
undelivered Products.
If
the Customer fails to give any such notice, the Customer will be deemed to have
accepted the relevant order as being delivered in accordance with the
Customer’s instructions and to have accepted the Products as being free from
all apparent defects.
The
remedies set out above are the Customer’s exclusive remedies in the
circumstances described in paragraphs (i) to (iv) above. APVM shall not be
liable for any other losses, damages or expenses.
6. Payment
If
APVM has not granted credit to the Customer, payment terms are cash or bank
draft drawn on a bank in Delhi. The entire payment shall be made against
delivery or in advance.
Credit
terms (subject to satisfactory references and APVM’s absolute discretion) are
available. If credit has been granted, the Customer must pay by the date
agreed. All payments must be made without any set-off, deduction or
counterclaim.
If
any sum is not paid on the due date for payment:
(i) APVM reserves the right to claim interest
from the Customer, such interest to be calculated on the unpaid amount and to
accrue during the period such amount remains unpaid, at the rate of 18% per
annum. In addition to this, for bounced and/or returned cheques/bank draft the
Customer will be charged Rs. 500/- together with additional charges, if any, as
determined by APVM; and
(ii) APVM may suspend delivery of the Products
to be delivered under the order. In addition APVM shall be entitled to treat
the contract as repudiated by the Customer if the Customer fails to pay any
such unpaid amount within 14 days of notice by APVM.
7. Passing of Risk and Property
Risk
of loss or damage to the Products shall pass to the Customer on delivery.
Ownership of the Products shall not pass to the Customer until all sums due to APVM
from the Customer for those Products have been received by APVM, and until that
time APVM shall be entitled to the immediate return of all Products if the
Customer is late in paying any sum to APVM. The Customer authorises APVM and
its agents to enter any premises of the Customer and to recover the Products
for that purpose.
8. Product and Availability Information
APVM
reserves the right to discontinue any Product or to change its design at any
time. Unless otherwise confirmed, nothing in the Catalogue is to be taken as a
representation of the source of origin, manufacture, or production of any
Products or any part of them.
9. Warranty
For
Products: APVM warrants that the Products will be manufactured of good
materials and with good workmanship. If any Product is defective under this
warranty, APVM will, at its option, replace or repair the Product or refund the
purchase price. This warranty is subject to a claim being notified in writing
to APVM within 3 months of the date of dispatch of the Product, or such other
longer period as may be indicated by APVM for specific products from time to
time.
For
Services: APVM warrants that the Services will be delivered with good
workmanship. If any Service is defective under this Warranty, it will, at its
option, either rectify the Service or supply to the Customer free of charge a
substitute Product in place of the defectively serviced Product. This warranty
is subject to a claim being notified in writing to APVM within 3 months of the
date of the invoice, or such other periods as may be indicated by APVM for
specific Products from time to time.
These
warranties shall not apply to any defect which arises from improper use,
failure to follow the product instructions, or any repair or modification made
without the consent of APVM. The Customer must deal with the defective Products
in accordance with APVM’s instructions.
The
Customer must contact APVM to notify APVM in advance of the return of any
Products and obtain a returns number, to be quoted on all paperwork. Returned
Products must be accompanied by an advice note stating the invoice number and
the nature of the defect. Where the Customer does not return Products in
accordance with this clause 9, APVM may refuse such Products and return them to
the Customer at the Customer’s cost.
The
remedies set out above shall be APVM’s sole liability and the Customer’s sole
remedy for any breach of warranty and in respect of the supply of Products
and/or Services. Save as expressly provided in these terms and conditions, all
implied warranties, terms and conditions concerning the supply of Products
and/or Services are excluded to the fullest extent permitted by law (including,
without limitation, the implied terms of satisfactory quality, fitness for
purpose and provision of services with reasonable care and skill). APVM will
not be liable to the Customer for any loss, damage or liability which arises
out of the breach of implied warranties, terms or conditions or breach of any
other duty of any kind imposed on APVM by operation of law. The Customer
acknowledges that it is responsible for ensuring that the Products and Services
it orders are fit for the purposes for which it intends to use them.
10. Limitations of Use
Products
sold by APVM are not recommended or authorized for use in life support,
surgical implantation, nuclear or aircraft applications or for any use or
application in which the failure of a single component could cause substantial
harm to persons or property.
11. Liability
APVM
shall not be under any liability for damage, losses (whether direct, indirect
or consequential), expenses, liabilities, injuries, loss of profits, business
or economic loss, depletion of goodwill, costs (including legal costs), claims,
demands, proceedings, judgments or otherwise resulting from the failure to give
advice or information or the giving of incorrect advice or information
(including through the APVM technical helpline) whether or not due to its
negligence or that of its employees, agents or sub-contractors.
APVM
shall not be liable for economic loss, punitive damages, loss of revenue, loss
of profits or expected future business, damage to reputation or goodwill, loss
of any order or contract or any consequential or indirect loss or damage, all
as may result from, or be connected with: (i) any express or implied terms of
the contract between APVM and the Customer, or of any order accepted by APVM;
(ii) any duty of any kind imposed on APVM by law; or (iii) any defect in the
Products or Services.
If,
notwithstanding any provisions of these terms and conditions, any liability
attaches to APVM, APVM’s liability to the Customer arising out of or in
connection with these terms and conditions or any order whether in contract,
tort or otherwise in respect of one or more of (i) any express or implied terms
of the contract between APVM and the Customer, or of any order accepted by APVM;
(ii) any duty of any kind imposed on APVM by law; or (iii) any defect in the
Products or Services, shall be limited in the aggregate to the total value of
the order.
12. Cancellations and Returns
The Customer may not cancel orders once accepted
by APVM. However in some cases, APVM may, at its discretion and in writing,
allow an order to be cancelled where there is no fault with the product.
In the event of cancellation of part of any order only, APVM may invoice the
Customer any difference in selling price per unit applicable to the quantity
actually dispatched up to the time of cancellation compared to the quantity
ordered.
All
products are returned at the risk of the Customer and APVM accepts no
responsibility for any loss of or damage to them.
In
the event, the material is dispatched to APVM office for return without prior
approval, APVM may refuse to accept the return and return the products to the
Customer at the Customer's expense or may apply a handling charge which relates
to the actual cost of reprocessing.
13. Rights in the Catalogue
The
Customer acknowledges that APVM and its licensors own the intellectual property
rights in the catalogue, the catalogue content and the stock numbers, and that
their whole or partial reproduction without APVM’s prior written consent is
prohibited.
14. Force Majeure
A
force majeure event is any event beyond the reasonable control of APVM
(including strikes, traffic congestion, the downtime of any external line, or APVM’s
inability to procure services, materials or articles required for the
performance of the contract except at enhanced prices). If APVM is prevented or
restricted from carrying out all or any of its obligations by reason of any
force majeure event, then APVM shall be relieved of its obligations during the
period that such event continues, and shall not be liable for any delay and/or
failure in the performance of its obligations during such period. If the force
majeure event continues for a period longer than 14 days, APVM may cancel the
affected order or cancel the whole or any part of these terms and conditions,
without any liability to the Customer.
15. Privacy and Customer Information
APVM
may disclose, on a confidential basis, the Customer’s and its employees’
details to organisations working on behalf of APVM for the proper fulfilment of
orders.
APVM may send to the Customer and its employees
details of other products and services that may be of interest. If the Customer
or its employees do not wish to receive details of these other offers, or wish
to amend or correct their details, then they should contact the APVM marketing
department either in writing at APVM Electronics Private Ltd, SF: 17-18,
Pearls Omaxe Tower, Netaji Subhash Place, Pitampura, Delhi- 110034, India, by
telephone on 011–45504821 or by email on info@apvmelectronics.com.
The
Customer consents to APVM disclosing the Customer’s name to certain of APVM
suppliers for market research and commission purposes.
16. Law and Jurisdiction
The contract between APVM
and the Customer as applicable to each Customer order shall be governed by and
interpreted in accordance with Indian law and the parties agree to submit to
the exclusive jurisdiction of the Delhi courts only.