This site is managed by CIRKIT ELECTRO COMPONENTS PVT LTD (‘CIRKIT’) who are the sole e-commerce partners for cirkitelectro.com engaging in sales and marketing of all products through their website www.cirkitelectro.com .
1. Acceptance And Cancellation Of Orders
Acceptance of orders is subjected to written acknowledgement by CIRKIT. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by CIRKIT may be cancelled by customer only upon written consent of CIRKIT, provided the orders are not NCNR- Non cancellable Non returnable. Customer requests to reschedule shipments are subject to acceptance by CIRKIT in its sole discretion. Also orders cannot be cancelled or rescheduled after order has been submitted by CIRKIT to the shipment center. Right to allocate sales and limit quantities of selected products lies in CIRKIT’s reserve.
2. Credit Policy
CIRKIT is an Online portal operating on “ Pay and Purchase” model; CIRKIT does not entertain or extend credit to its customers Purchases and payments can be made as per the instructions on website.
3. Returns
Returns are not encouraged by CIRKIT. However under extraordinary circumstances returns maybe accepted, with CIRKIT’s written approval. This does not apply for Non cancellable and Non returnable orders.
4. Prices
All prices for Supplies provided by the Company are in INR and are exclusive of all central, state or local tax or other governmental charge or assessment relating to the production, sale or shipment of any Supplies, unless expressly provided otherwise, including but not limited to sales tax, including central and state sales tax and value added tax, octroi duty, service tax, education cess (and any other regulatory levy that may become applicable to the Company or to the Supplies from time to time) and other duties and taxes and any applicable transport and handling charges which will be added at the time of despatch and shall be payable by the Customer. Goods requested by Customer shall be charged at the price quoted in writing by the Company.
5. Payments
All payments will be made in INR only. CIRKIT offers payments through Visa and Mastercard and credit for qualified customers. Prepaid Wire Transfer/EFT/Proforma: Customers can wire the funds to our bank. After your order is placed we will e-mail a Proforma invoice which includes our bank information, the merchandise total and shipping charges. We will reserve stock for your order for 72 hours on orders awaiting funds. Orders will be canceled after 20 business days if funds have not been received. Customer is responsible for duties and taxes.
6. Sales Tax
All taxes as under the Indian law is applicable such as VAT, GST charges any other hidden costs will be responsibility of the customers and due at delivery.
7. Product Information
CIRKIT makes every effort to provide current and accurate information relating to products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to change of product information is subject to change without prior notice. Prices are subject to change at anytime prior to change at any time prior to the CIRKIT completion of order. All prices are in Indian Rupees.
8. Late Payments And Dishonored Cheques
You shall pay to CIRKIT all costs incurred by CIRKIT in collecting on any dishonored check or on any past due amount from you, including all court costs, collection costs, and advocate’s fees. All cases are subject to Jurisdiction of Mumbai, India
9. Out Of Stock
If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request.
10. Export Compliance
All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the India. You agree to comply with all applicable export control laws, restrictions, regulations and orders from India or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of India or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to Indian law is prohibited.
11. Return Policy
In most cases, CIRKIT will not accept merchandise returns but under special circumstances there will replacement of the Product or refund your money at your option.
12. Product Warranty
All products are sold on as available basis. CIRKIT agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties CIRKIT receives from manufacturers with respect to the Products sold by CIRKIT to you. Copies of manufacturer’s warranty are available prior to purchase and can be accessed from the manufacturer’s website.
13. Limited Liability
In no event shall CIRKIT is liable for any special, incidental or consequential damages of any nature, including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer’s recovery from CIRKIT for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. Customers shall indemnify, defend and hold mouser harmless from any claims brought by any other party regarding products supplied by CIRKIT and incorporated into the customer’s product. Products are intended for commercial use only. Products are traceable to the OEM manufacturer and Lot/Date Code where available and when requested at the time of customer order. CIRKIT does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specification sheets provided to Customers are produced by the manufacturer or transcribed from information provided by the manufacturer.
(1) Customer acknowledges that such use or sale is at Customer’s sole risk; (2) Customer agrees that CIRKIT and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Customer agrees to indemnify, defend and hold CIRKIT and the manufacturer of the products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with use or sale. If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge. CIRKIT shall have no responsibility or liability for the content or use of such statements or advice. CIRKIT Technical support is provided by telephone and, therefore, extremely limited in scope which prevents us from the direct participation in the design of any customer products. We do not conduct product suitability studies or engineering reviews of products that we sell, nor for the final product that a Customer produces.
14. Intellectual Property
If an order includes software or other intellectual property, such software or other intellectual property is provided by CIRKIT to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Unopened software may be returned for credit. Opened software may not be returned unless defective.
15. Force Majeure
CIRKIT will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. CIRKIT’s time for delivery or performance will be extended by the period of such delay or CIRKIT may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.
16. Standard Delivery
Provided that Goods are in stock, the Company will use its reasonable endeavors to dispatch Goods within 15-30 (fifteen-thirty) days of date of order. No commitment is given in relation to delivery times achieved. The Company charges a delivery charge of INR 250 (Indian Rupees two hundred only) for orders below INR 5000 (Indian Rupees Five thousand only). The spend amount shall not include value added tax/service tax or any other taxes or any discounts. The Company reserves the right to charge extra for delivery, packing and insurance in transit for all such Goods. Any such charge will be notified to the Customer at the time of placing of the order to which such charge applies. The Company will use reasonable endeavors to meet delivery and/or performance estimates but, except as set out in Condition 8 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance, even where it arises as a result of the negligence of the Company or its carriers. Time for delivery and/or performance shall not be of the essence. Delivery will be made to the address specified by the Customer. The Company may use any method of delivery available to it. The Company reserves the right to deliver or perform by instalments. Failure to meet a Scheduled Delivery or performance date shall not prevent or restrict the Company from making further deliveries or rendering subsequent performance under the relevant Contract by instalment. Scheduled Deliveries can only be accepted for a maximum period of 3 (three) months from the date of order.
17. Inspection, Defects and Non-delivery
The Customer must inspect the Supplies as soon as practicable after delivery, or in the case of Services, performance, and, except as set out in Condition 14 and/or 15 below, the Company shall not be liable for any defect in the Supplies incomplete or failed delivery, shortage of weight or quality of Supplies unless written notice is given to the Company within 7 days of delivery. The Company does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before such Goods are used. If the Customer receives a damaged parcel, the Customer should take photographs of the parcel to confirm the damage and notify the Company immediately prior to opening the parcel. The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 7 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Any liability of the Company for non-delivery or non-performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition 8 will be limited to, at the Company’s option, replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.
18. Description
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including without limitation in this Catalogue, on dispatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of Descriptions but relies on such information, if any, as may have been provided to it by its suppliers and to the fullest extent permitted by law excludes all liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise. The Company may make changes to the Supplies as part of a continuous program of improvement or to comply with legislation.
19. Risk & Ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises or when Goods are received by the Customer or its representative, whichever is earlier. Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due from the Customer to the Company on any account whatsoever. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as the Company’s bailee, insure the Goods against all usual risks to full replacement value, not pledge or allow any lien, charge or other interest to arise over Goods, and store each delivery of Goods separately, clearly identified as the Company’s property and in a manner to enable them to be identified and cross referenced to particular invoices where reasonably possible. The Customer may use or sell Goods in the ordinary course of business, provided that the Customer will be agent for the Company in any sale if Goods are sold. However, any such agency will only extend to the obligation to account for proceeds. The Company will not be bound by any contract between the Customer and the Customer’s purchaser. The Customer must account to the Company for that part of the proceeds of any such sale which equates to the price of the Goods and shall hold that amount in a separate bank account on trust for the Company. The Customer will hold on trust for the Company in a separate bank account any insurance monies received by the Customer for Goods owned by the Company. If payment is not received in full by the due date, or the Customer becomes bankrupt, passes a resolution for winding up or a court shall make an order to that effect, or a receiver is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
20. Lien
The Company shall have a general lien in respect of all sums due from the Customer upon all Goods to be supplied to the Customer or upon which work has been done on the Customer’s behalf and upon 14 (fourteen) days written notice to the Customer, the Company may sell such Goods and apply the proceeds towards the satisfaction of any sums due to the Company.
21. Promotions
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.
22. Jurisdiction
All Contracts shall be governed by the laws of India. The Courts of Mumbai, Maharashtra shall have jurisdiction to settle any disputes which may arise out of or in connection with these Conditions or any Contract. By accessing, visiting, browsing, using or interacting or attempting to interact with any part of the site or any software, program or services on the site you agree on your behalf personally and on behalf of any entity for which you are an agent or you represent collectively and individually to each terms and conditions set forth herein (collectively terms of use).
23. Access to the site
Registration is required to place an order or to use the Site. Select portions of the Site offer expanded Services via the Web through a name/password protected system such as without limitation the Web Services Applications.
24. Technical Assistance
CIRKIT offers its technical assistance and applications engineering solely as a convenience to CIRKIT customers. CIRKIT technical assistance and applications engineering personnel strive to provide useful information regarding the Products. CIRKIT does not guarantee that any information or recommendation provided is accurate, complete, or correct, and CIRKIT shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by CIRKIT technical assistance and applications engineering personnel, and any reliance on such information or recommendation is at your sole risk and discretion.
25. Content Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. CIRKIT therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. CIRKIT does not, however, guarantee that any errors, inaccuracies or omissions will be corrected and is not obligated to make such corrections.
26. Support & Links – Third Party
Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by CIRKIT of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that CIRKIT is not responsible for the availability of any such websites and that CIRKIT does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other website.
27. Advertisements- Third Party
Any dealings with third parties (including advertisers) included within or available via a link from the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CIRKIT is not responsible or liable for any part of any such dealings or promotions.
28. Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
29. Geographic Limitation
Like most Internet websites, this Site is accessible worldwide. However, not all Products or Services offered by CIRKIT are available to all persons or in all geographic locations. CIRKIT reserves the right to limit the provision of its Products and Services to any person, geographic area, or jurisdiction and to limit the quantities of any Products or Services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
30. Indemnification
You understand and agree that you are personally responsible for your reliance upon any information or recommendation provided on this Site, its Content, by CIRKIT technical assistance and applications engineering personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless CIRKIT and CIRKIT’s joint venturers, business partners, licensors, employees, agents, and any third-party information, Software, and Web Services Application providers to the Site and Services or of the Content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, your reliance upon any information or recommendation provided by CIRKIT’s technical assistance and applications engineering personnel, or any violation by you of these Terms of Use.
31. Trade Marks and Logos
The supplies through the site maybe subject to Industrial property rights patents, knowhow, trademarks, copyright, design rights, utility rights, database rights, circuit layout rights and/or other rights of third parties. No rights, title or licences are granted to the Customer in the Intellectual Property of the Company, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law. All documents, data sheets, notes and product details are third party and CIRKIT may not be held wholly responsible for the accuracy.