Legal Information
Terms of use
The following constitutes the terms of a legal agreement between the Buyer and SENSAGAS PVT. LTD. By accessing, browsing, or using this website, you acknowledge that you have reviewed, comprehended, and consented to abide by these terms, as well as to adhere to all pertinent laws and regulations. If you do not consent to these terms, please refrain from using this website.
SENSAGAS PVT. LTD. reserves the right to revise these Terms of Use and any other information on this website at any time without notifying you. SENSAGAS PVT. LTD.. may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
Standard Terms and Conditions of Sales and Service:
1. PLACE OF JURISDICTION
The legal relationship between the Buyer and SENSAGAS PVT. LTD. shall be governed by the laws of India. Kolkata shall be the exclusive place of jurisdiction. However, SENSAGAS PVT. LTD. retains the right to initiate legal proceedings against the Buyer in any court of competent jurisdiction.
2. CONTRACT
These terms and conditions, together with any other supplemental written terms we give you pertaining to
your order or service agreement, form a contract between you, the buyer of certain equipment (including parts and other merchandise), software license, and/or services (the "Buyer"), and us, the Sensagas Private Limited entity identified on the quote, order acknowledgement, service agreement, invoice, or other order document we give you. he rights and obligations identified in this contract apply to Buyer's purchase of the equipment, software license, and services identified in the SENSAGAS PRIVATE LIMITED’s order documents. If Buyer's order includes software subject to an end user license agreement ("EULA"), the terms of the EULA also apply and have priority over these terms. Terms and conditions that are different or changed from these only apply if both parties agree to them in writing. Terms or conditions included on Buyer's forms, including Buyer's standard terms and conditions of purchase and documents presented to SENSAGAS PRIVATE LIMITED's field service representatives, are not part of this contract. Buyer's receipt of equipment, software license, and/or services establishes its unqualified acceptance of these terms and conditions and any applicable EULA available at www.sensagas.com/legal
3. EPCG Text :
Notwithstanding any of the clauses in the Purchase Order, the Supplier agrees to indemnify the Buyer solely for Direct Damages, with the indemnification amount capped at the maximum value specified in the Purchase Order for the equipment involved in the claim.
4. INDEMNITY:
SENSAGAS PVT. LTD. will pay Buyer for Buyer's losses that arise directly from a third party's bodily injury (including death) or damage to a third party's property if the injury or damage:
(i) The injury or damage occurred during SENSAGAS PRIVATE LIMITED's work;
(ii) The incident took place on Buyer's premises; and
(iii) The injury or damage was solely caused by SENSAGAS PRIVATE LIMITED's negligent act or omission.
Losses SENSAGAS PVT. LTD. pays for may include reasonable legal fees and settlements of claim or suit. SENSAGAS PRIVATE LIMITED's obligation to pay for Buyer's losses arise only if Buyer gives SENSAGAS PVT. LTD. prompt written notice of the loss, based on when Buyer should have reasonably anticipated the loss. If Buyer asks SENSAGAS PVT. LTD. to pay for its loss it gives SENSAGAS PVT. LTD. the sole and exclusive right to manage the defense of any claim related to it, and SENSAGAS PVT. LTD. is authorized to settle or compromise such claims at its sole and exclusive discretion; and Buyer must cooperate as necessary in the defense of all claims as determined by SENSAGAS PVT. LTD.
5. REGULATORY LAWS AND OR STANDARDS:
SENSAGAS PVT. LTD. operates in accordance with relevant laws and takes reasonable measures to ensure its equipment complies with standards and regulations applicable to Buyer's use of its products. However, since SENSAGAS PRIVATE LIMITED's equipment is used in various regulated applications, conflicting standards and regulations may occasionally arise. SENSAGAS PVT. LTD. does not guarantee or represent that its equipment will conform to any specific laws, regulations, codes, or standards, unless explicitly stated and agreed upon in writing by an authorized officer. It is the Buyer's responsibility to ensure the correct installation, operation, and calibration of the equipment in compliance with all applicable laws and regulations.
6. PRODUCT MANUALS:
Buyer must adhere to the installation information, product and system manuals, operating and safety instructions, and other documentation and specifications provided by SENSAGAS PVT. LTD. for the equipment. SENSAGAS PVT. LTD. explicitly disclaims any liability, including warranty liability, if Buyer fails to follow these instructions.
7.DISCLAIMER OF DAMAGES:
SENSAGAS PVT. LTD. shall not be liable to Buyer or any other party for any special, consequential, indirect, incidental, exemplary, or punitive damages of any kind, whether arising out of or in connection with breach of contract, warranty, tort (including negligence), strict liability, or otherwise, even if the contract fails its essential purpose. Such damages include, but are not limited to, loss of profits or revenues, loss of use of equipment or associated equipment and software, cost of substitute equipment or software, facility downtime costs, increased construction costs, damage to reputation, loss of customers, or claims by Buyer's customers or contractors for such damages. Buyer may not transfer, assign, or lease the equipment or software sold or licensed under this contract to any third party without first obtaining from them the same protections afforded to SENSAGAS PVT. LTD. under this section.
8.LIMITATION OF LIABILITY:
SENSAGAS PVT. LTD. shall not be held liable for any loss, claim, expense, or damage resulting from, contributed to by, or arising out of the acts or omissions of Buyer or third parties, whether negligent or otherwise. In no event shall SENSAGAS PRIVATE LIMITED's total liability for any and all types of damages or losses related to this contract or the equipment, software, or services sold, licensed, or delivered pursuant hereto exceed the cost of the specific item giving rise to the claim, whether based on contract, warranty, indemnity, or tort (including negligence). Additionally, any legal action arising from this contract must be initiated within one year from the date the cause of action arose.
9.FORCE MAJEURE:
Except for payments owed by Buyer, the time period for performance of this contract will be reasonably extended if either party defaults or is delayed in fulfilling their obligations under this contract due to reasons beyond their reasonable control. Such reasons include, but are not limited to, strikes, insurrection, acts of God, war, terrorist activities, emergencies, shortages or unavailability of materials, adverse weather conditions, changes in laws or regulations, and other similar causes that are beyond a party's reasonable control.
10.EXPORT CONTROL:
Buyer acknowledges that the equipment or software may include technologies and software that are subject to export control regulations in Europe, Asia, or other countries in which the equipment or software is delivered or used. Buyer is solely responsible for complying with these restrictions if it exports or re-exports the equipment or software. Buyer agrees to indemnify and hold SENSAGAS PVT. LTD. harmless from any violation of export restrictions by Buyer or Buyer's employees, consultants, agents, or customer s cause.
11. INTERPRETATION:
If any of these terms and conditions conflict with or are found to be invalid under applicable law, those terms will be interpreted as if such conflicting or invalid term or provision was not included. The invalid, illegal, or unenforceable provision will be automatically modified and, as modified, included in these terms and conditions to the minimum extent necessary to make it valid, legal, and enforceable. SENSAGAS PRIVATE LIMITED's waiver or excuse of any noncompliance with these terms and conditions does not constitute a waiver or excuse of any prior or subsequent noncompliance.
12.WEEE:
SENSAGAS PVT. LTD. will dispose of electrical and electronic equipment waste (WEEE) at Buyer's expense as when required by applicable law.
13.CUSTOMER DATA:
Buyer agrees that SENSAGAS PVT. LTD. is authorized to use, process, and store, and may allow a third party to use, process, and store on behalf of SENSAGAS PRIVATE LIMITED, any data obtained under this contract in compliance with applicable laws. Unless expressly agreed otherwise in SENSAGAS PVT. LTD.'s order documents, our sales and services to Buyer do not involve SENSAGAS PVT. LTD. processing personal data for or on behalf of Buyer.
In the course of our business relationship, we may process limited personal data of some of your employees or contractors, which we use to respond to your inquiries or requests and to fulfill our contracts with you (e.g., processing and fulfilling orders, handling payments, arranging shipments and deliveries, and providing repairs and support services). SENSAGAS PVT. LTD. may use the contact details obtained from you during your purchase of a product or service for direct marketing of similar products or services. You may opt out of receiving marketing communications at any time by contacting us at www.sensagas.com/contact For further details, please refer to our Privacy Policy at www.sensagas.com/privacpolicy
14.SHIPPING, HANDLING, AND DELIVERY:
Shipping terms are stated on the SENSAGAS PVT. LTD. order documents. If no shipping terms are stated, shipping is Ex Works. Delivery and service dates are estimates unless SENSAGAS PVT. LTD. expressly agrees in writing to a fixed date or schedule. SENSAGAS PVT. LTD. will use commercially reasonable efforts to meet delivery and service date estimates. All delivery and service dates are conditioned on SENSAGAS PRIVATE LIMITED's timely receipt of all necessary information and approvals. If Buyer causes a delay in delivery SENSAGAS PVT. LTD. will store and handle all items at Buyer's risk, and will invoice Buyer for the unpaid portion of the contract price, plus applicable storage, insurance, and handling charges. SENSAGAS PVT. LTD. may make partial shipments. SENSAGAS PVT. LTD. will not accept responsibility for any shortages or damages unless Buyer retains all shipping containers and packing materials for inspection.
15.RETURNS:
Equipment, or licenses on software, that is engineered, modified, customized, or configured especially for Buyer cannot be returned unless there is a valid warranty claim and the equipment or software cannot be repaired. Buyer can’t return equipment that is altered, damaged, used, or previously installed. Unless SENSAGAS PVT. LTD. makes a shipping error or Buyer makes a valid warranty claim, unused off the shelf equipment may be returned only if Buyer contacts SENSAGAS PVT. LTD. for approval and return instructions prior to returning anything. At its discretion, SENSAGAS PVT. LTD. may charge Buyer a restocking fee for any return.
16.QUOTATIONS, PUBLISHED PRICES, AND PRODUCT INFORMATION
Quotes and other offers of sale automatically expire 30 calendar days from the date issued unless otherwise stated, and unless SENSAGAS PRIVATE LIMITED withdraws the quote or offer earlier, which it may do any time prior to Buyer's acceptance of the quote or offer. Quotes and offers relating to custom equipment or software may rely on certain information and circumstances, including information Buyer provides. If information or circumstances on which a quote or offer relies change, SENSAGAS PRIVATE LIMITED may adjust its quote or offer. Published prices are not offers to sell and may be changed without notice. SENSAGAS PRIVATE LIMITED may change equipment or software specifications without notice unless it has agreed to the specification(s) in writing. Prices do not include any taxes, shipping, packaging, handling, insurance, duties, inspection fees, permit fees, installation, or other costs or services unless otherwise specified in the SENSAGAS PRIVATE LIMITED order documents. SENSAGAS PRIVATE LIMITED may choose to accept or reject any order; SENSAGAS PRIVATE LIMITED will indicate order acceptance:
(a) with a written order confirmation;
or
(b) by executing the order. Specific product characteristics, including but not limited to product weight, dimensions, value, return on investment, load, tolerance, and other technical data are not guarantees of those characteristics and are provided for information only. Buyer is not permitted to disclose any quotes, prices, specifications, or product information to any third party without SENSAGAS PRIVATE LIMITED's prior written consent.
17. CHANGES
Buyer may modify its order with the written consent of SENSAGAS PRIVATE LIMITED. Accommodating Buyer's requested changes may entail adjustments to pricing and delivery schedules by SENSAGAS PRIVATE LIMITED. If SENSAGAS PRIVATE LIMITED has already performed work or procured materials in anticipation of Buyer's original order, and the requested change by Buyer renders that work or materials unnecessary, Buyer remains liable for payment of these expenses.
18.NON RESPONSIBILITY FOR GRATUITOUS INFORMATION OR ASSISTANCE
Except for fraudulent misrepresentations, SENSAGAS PRIVATE LIMITED shall not be held responsible for any information, assistance, or advice provided to Buyer that was not required under this contract.
19. CANCELLATION
With written approval of Sensagas Private Limited Buyer may cancel its order within 10 days of
Purchase Order date. Beyond this period, cancellation charges will apply to Buyer as follows:
Beyond 10 days of Purchase Order to day before shipment date: 50% of total Purchase Order value.
100% of total Purchase Order Value as cancellation charges would be applicable if cancelled on and post shipment date.
Sensagas Private Limited may cancel Buyer's order or require payment in advance if Buyer transfers assets for the benefit of its creditors, or if Sensagas Private Limited has reason to believe Buyer is unwilling or unable to perform its commitments.