All orders from this purchase (hereinafter called as Customer) are accepted by Digital Signage Sistems with Office in Thiruvananthapuram, subject to the terms and conditions set out hereinafter:
1. DSS has subject to availability of the ordered equipment(s)/ items arranged to deliver the same within a reasonable time of the acceptance of the order by it. All efforts were made to keep up the delivery schedule. However, if any delay was caused due to transport strike lockout, war accident, riots or any other exigencies or circumstance beyond the control of DSS, the Customer shall not be entitled to claim any damages whatsoever nor DSS is liable to pay any damages to the Customer for any such reasons whatsoever.
2. The equipment(s) shall be deemed to have been delivered on its receipt by the Customer or his/her representative.
3. The Customer or his/her duly authorized representative shall check the equipment ordered at the time of delivery. No claims shall be entertained by DSS on any grounds whatsoever thereafter.
4. Unless specifically agreed to by DSS, the Customer shall arrange to take delivery of the ordered goods from our office, as in the address of this Invoice.
5. Payment due as per this invoice shall be made as per terms mutually agreed upon and indicated in the terms of payment column of this Delivery Chelan cum Invoice. Payments outstanding after due date shall attract interest at the rate of 24% p.a. effective from due date till date of actual payment realised.
6. Every Cheque return will attract a penalty of Rs. 500/- towards Cheque return charges in addition to Clause 5 above.
7. The Customer shall insist for official receipts of all payments made.
8. DSS reserves the right to recover the amount in part or full of bill at any point of lime.
9. DSS shall not be liable in any manner whatsoever to the Customer or any other person for any loss, Injury or damage of any kind, howsoever caused, with reference to our goods.
10. DSS shall have the first lien on the equipment(s) supplied hereunder for any unpaid amount, timely payment being the essence of this transaction/contract.
11. DSS shall have the right to repossess their equipment, in the event of their Customer not paying the full amount by the date of delivery. DSS or its duly authorised representative shall be entitled to enter the Customer’s premises and to do such things, acts, deeds, as may be necessary, expedient usual and proper to responses, the said equipment.
12. On failure of the Customer to take delivery and/or pay for the equipment’s as per terms and conditions hereunder agreed, DSS shall be entitled to sell or dispose of the equipment’s on account and risk of the Customer, either at a public auction or by private bargain, without prior and written notice to the Customer.
13. Order once accepted by DSS will not be altered or cancelled without written consent of DSS. However, if the Customer order cancellation is accepted, advance payments made, if any will be forfeited.
14. Goods once sold will not be taken back unless prior written consent of DSS is given.
15. The Customer understands and recognizes that DSS does not engage nor promote acts of software piracy/duplication.
16. The Customer understands and accepts that DSS and or its employees have refused to indulge in software piracy in any of the defined forms like copying, distribution etc as defined by the law and also have not acted in any manner that results in engagement or promotion of piracy and IP rights infringement.
17. DSS and its employees dissociates itself from pirated software/ duplicates if used by the Customer and will not be held responsible for either copying or use of such pirated software/hardware duplicates by the customer.
18. The Customer agrees to refuse asking for unauthorized copying of the Software or link the purchase of equipment to availability of unauthorised software/hardware.
19. The Customer shall indemnify DSS against all third-party claims of software/hardware piracy, infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof.
20. Warranty on all equipment is as per manufacturer policy. DSS is only a marketing distribution and services company and not a manufacturer.
General Terms & Conditions of Comprehensive/Parts Warranty Service/AMC/ Care Pack
21. Service offer to maintain the customer’s equipment will be on the assumption that the machine is kept in good operating condition. Non- operating temperatures shall not exceed the range between 15° and 30°. Operating temperature shall not exceed the range between 5° and 45 °. Relative humidity shall not exceed the range between 40% and 80%, under non-operating conditions. While under Operation, relative humidity shall not exceed the range between 40% and 95%. An air conditioner and Humidity controller may be required to achieve this.
22. The maintenance shall cover the said equipment if the equipment has been found after inspection by the company authorized technical personnel, to be in good condition. In case any remedial repairs / replacements are required to bring the operating equipment into operating condition the customer shall pay for the same. However, such inspection charges or cost of repair if any, required will not be payable if the equipment was covered by a warranty period or any further service contract and such period have not expired.
23. Regular visits can be undertaken by our Service personnel to test and service your equipment and ensure smooth functioning. All breakdown calls will be attended free of cost/ chargeable basis.
24. The contract may cover free replacement of all defective parts except consumables as predefined by the manufacturer.
25. The contract does not include repairs to damages caused by (a) Use of customer supplied add-ons-or nonstandard consumables (b) Mishandling, tampering, thunder and lightning, neglect, accident, fire or any other such acts of nature (c) Improper and inadequate maintenance by the customer, unauthorized modification or misuse, operation outside the environmental specifications for the product or improper site preparation and maintenance (d) Rat cuts and such pest/Insect attacks.
26. In general, service does not extend to parts requiring replacement due to normal wear and tear, corrosion, rust, stain etc or damage or loss of any programs, data or removable storage media including any consequential loss or damage and damages caused due to acts of God and force majeure.
27. All parts, which have been replaced in the machine, shall become property of DSS and its authorised service personnel shall be entitled to remove and carry away such parts from the Customer premises.
28. The contract does not cover any add on fitted onto the machine, which is not a part of standard accessories supplied with the machine as mentioned in the manual.
29. The company would endeavour to carry out repair at the earliest, but will not be responsible for any loss, cost of expenses arising directly or indirectly from any delay in doing so.
30. The contract will not apply if the product is shifted from Its original location without prior intimation to the company.
31. For carrying-out repairs, the company Will be at a liberty to remove the machine to its premises to carry out such work and return the same to customer as soon as possible, at its on cost and risk.
32. Provision of maintenance service will be confined to the company’s normal working hours.
(10.00 AM - 5.30 PM (Mon - Fri) & 10.00 Am-2.00 PM on Saturday).
33. The service contract is not transferable from one user/ customer to another.
34. The contract does not cover whole replacement of the equipment.
35. DSS will not be responsible for loss of data on the equipment under any circumstances. Customers are encouraged to back up all data before handing over equipment(s) for service
36. Customer will provide company’s service personnel with operating supplies and consumables and such similar items as customer would use during normal operation.
37. Except for the warranties set forth herein, DSS disclaims all other warranties, express or Implied or statutory, including, but not limited to the implied warranties of merchantability or fitness for a particular purpose. Any implied warranties that may, be Imposed by applicable law are limited to the duration of this limited warranty. In no event shall DSS be liable for any Incidental, special or consequential damages, consequential human Injury or loss, including, but not limited to loss of business, profits, data or use whether in an action contract or tort or based on a warranty arising out of or in connection with the use or performance of the product or any DSS supplied software which accompanies the product even if DSS has been advised of the’ possibility of such damages.
38. The Customer agrees that repair or replacement, as applicable, under the warranty services described herein are the sole and exclusive remedies with respect to any breach of the DSS limited warranty set forth herein.
39. If any provisions of this limited warranty are judged to be unenforceable or illegal, the continuation of the other provisions will not be affected. This warranty will also not affect the customer’s statutory right under applicable Indian laws.
40. In the event of any disputes, differences or claims arising between the parties arising out or in connection with or incidental to this Delivery Chelan cum Invoice or the construction or interpretation