AGREED TERMS
1. About us
1.1 James Walker Inmarco Industries Private Limited (CIN U24233MH2011PTC214165) (“we” and “us) is a company registered in India, under the provisions of Companies Act 1956 and our registered office is at 104, Gayatri Commercial Complex, Behind Mittal Industrial Estate, Andheri-Kurla Road, Andheri - East, Mumbai, Maharashtra, India, 400059. Our shipping address is - Plot 55/1, Wagdhara Road, Dadra and Nagar Haveli. Our GST number is 26AACCJ5371Q1Z0. We are the sellers of the Goods (defined in clause 2.1 below) when sold on the https://shop.jameswalker.biz website (“Website”).
1.2 Contacting us. If you have any questions pertaining the Goods (defined in clause 2.1 below), please complete the enquiry form found at https://shop.jameswalker.biz/pages/contact-us to give us formal notice of any matter under the Contract is set out in clause 15.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (“Terms”) apply to the order of goods (“Goods”) you made on our Website (“Contract”). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Goods subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (“Dispatch Confirmation”). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we may not process your order.
4. Our goods
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a tolerance found at Appendix 1, and the colour may also be slightly different.
4.3 The packaging of your Goods may vary from that shown on images on our Website. We reserve the right to update our list of Goods from time to time.
5. Delivery, transfer of risk and title
5.1 Information of our expected dispatch and delivery times are set out in the Shipping policy (https://shop.jameswalker.biz/policies/shipping-policy). Occasionally our delivery to you may be affected by an Event Outside Our Control (as defined in clause 14). See clause 14 for our responsibilities when this happens.
5.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
5.3 You own the Goods once we have received payment in full, including all applicable delivery charges.
5.4 If we fail to deliver the Goods, our liability is limited to refunding the price you paid for the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate information or delivery instructions.
6. Delivery
6.1 Details of delivery are set out in our Shipping policy (https://shop.jameswalker.biz/policies/shipping-policy) section.
6.2 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
7. Price of goods and delivery charges
7.1 The prices of the Goods will be as quoted on our Website at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 7.4 for what happens if we discover an error in the price of Goods you ordered.
7.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
7.3 The price of Goods includes taxes, duties and delivery charges.
7.4 We sell a large number of Goods through our Website. It is always possible that, despite our efforts, some of the Goods on our Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
8. How to pay
8.1 You can only pay for Goods using a debit card or credit card. We accept the following cards:
· VISA
· American Express
· Master Card
· PayPal
8.2 Payment for the Goods is in advance.
9. Manufacturer's guarantee
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
10. Our warranty for the goods
10.1 We provide a warranty on delivery and for a period of 12 months from delivery, the Goods shall:
(a) subject to clause 4, conform in all material respects with their description by us; and
(b) be free from material defects in design, material and workmanship
if the Goods are used in a suitable manner that is fit and proper that is defined in our technical data sheet and installation guide.
10.2 Subject to clause 10.3, if:
(a) you give us notice in writing within a reasonable time of discovery (but in any event within 14 days) that some or all of the Goods do not comply with the warranty set out in clause 10.1 (“Defective”);
(b) you provide photos of the defective Goods together with other evidence; and
(c) we ask you to do so, you return the Goods to us at our cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full. Please follow the process set out in clause 11.
10.3 We will not be liable for breach of the warranty set out in clause 10.1 if:
(a) you make any further use of the Goods after giving notice to us under clause 10.2;
(b) you alter or repair the Goods without our written consent;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
(d) you do not comply with the storage requirements in Appendix 1; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 10.1 to the extent set out in clause 10.
10.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
10.6 These Terms also apply to any repaired or replacement Goods supplied by us to you.
11. Defects
11.1 If the Goods are Defective (see clause 10.2(a) for definition) and you wish to obtain a redress, you must send Product Concern Enquiry in the Contact Us form (Contact us — James Walker Webshop) filling out order number and detailed description of your concern.
11.2 If you have returned the Goods to us under clause 10 because they are faulty or mis-described, we will at our discretion, replace or refund the price of the Goods.
12. Our liability: your attention is particularly drawn to this clause
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
12.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 14(a) of the Indian Sale of Goods Act 1930 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
12.4 Subject to clause 12.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.
12.5 Subject to clause 12.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods].
13. Termination
13.1 Without affecting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so; or
(b) you fail to pay any amount due under the Contract on the due date for payment.
13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.]
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid for Goods that you have not received.
15. Communications between us
15.1 When we refer to "in writing" in these Terms, this includes email.
15.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, or email.
15.3 A notice is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by email, at 9.00 am the next working day in India after transmission.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. General
16.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 Governing law and jurisdiction. The Contract is governed by Indian law and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the courts in Mumbai.
Appendix 1
For all products the total continuous length supplied to any order shell be the nominal specified with +2% / – 0% tolerance.
The limits on section and depth of nominal square section packing of the specific inch or metric sizes listed should be in accordance to the table below:
The product is manufactured according to James Walker manufacturing and quality standards.
Storage Requirements
All products should be stored in their original unopened packaging. The products should be stored in the following conditions:
· Below 25°C, away from direct sources of heat such as radiators.
· Below 70% relative humidity.
· Protected from direct sunlight and ultra violet light sources.
· Away from sources of ionising radiation.
· Away from equipment which may generate ozone (e.g. high voltage electrical plant).
· Protected from contact with liquids and chemical or solvent fumes.
· Stacked carefully, ensuring no heavy weights are placed on top of the product.