1) All orders are accepted in accordance with the terms and conditions here in specified, unless otherwise noted by purchaser within three working days of date of receipt. No Verbal orders shall be accepted.

2) All purchase order received by PHP are not subject to cancellation or modification except upon written approval by PHP and shall be subject to cancellation charges as determined by PHP.

Cancellation charges depend upon the portion of the products completed at the time of such cancellation. The buyer shall pay the cancellation charges estimated by PHP

Delivery dates are approximate and are based upon prompt receipt of all necessary information from Buyer (i.e. Purchase order, Advance payment, clarifications, samples, drawings, point of delivery etc…). PHP shall select the means of transportation unless buyers provide specific written instruction otherwise, with Buyer order. PHP shall not be responsible for delivery of any quantities for which Buyer has not given shipping instructions. Our responsibility ceases when the goods leave our premises. We are not responsible for any damage, shortage, or loss of goods while in transit.

PHP Shall not be liable for delay in delivery or for failure to manufacture or supply of products in the event of: Act of God, war riot, fire, explosion, Accident, Flood, sabotage, Lack of adequate, power, fuel, labour, raw materials, transportation facilities, compliance with governmental requirements, breakage or failure of machines, testing instruments or any other events whether or not of the class or kind enumerated herein beyond the control of such party or in event of labour trouble, strike, lockout, or event which makes impracticable the manufacture, transportation, sale, purchase, acceptance, use or resale of products or a material upon which the manufacture of product is dependent.

If PHP determines that product or any materials used for manufacturing the products of any quantity directly or indirectly is hindered, Limited or made impracticable to manufacture obtain or purchase, PHP may allocate its available supply of products or such material (without obligation to acquire other supplies of any such products or materials) among itself and its purchase on such basis as PHP determines to be equitable without liability for any failure of performance, which may result there from.

Deliveries not made by reason of this section shall be cancelled without liability, but this agreement and/or order shall other wise remain unaffected. No claim is allowed for the failure, damaged or broken product due to transportation, mishandling, installation of products and No claim is allowed for the loss of any kind due to installation or failure of the products. PHP shall not be responsible for loss of any kind that arises due to delayed delivery of products and no claim is allowed under this section. In no event shall PHP be liable for indirect, special, incidental, or consequential damages.

Taxes, Packing and forwarding charges shall be extra. Price does not include all these charges. Buyer has to bear any increase in packing and forwarding, Governmental charges, taxes and duties during the course of transaction.

All disputes are subject to the jurisdiction of High Court of Mumbai, INDIA only. PHP always considers that all the transactions between the Buyer & PHP are executed only under full agreement and understanding of the terms and conditions by the Buyer. Any other terms and conditions, received during the course of dealing through Buyer purchase order, Shipping documents or by any other form will not add, cancel or modify the terms and conditions of PHP, unless otherwise agreed to, in writing by PHP and no modification/s shall be effected by acknowledgement or acceptance of purchase order.

If Buyer wants to change quantity, drawings, designs or specification of the product/s to be manufactured they must give written notice to PHP to amend the desired changes in product. After receipt of such notice, PHP will inform to Buyer of any revision in Price, delivery schedule etc. Any changes requested by the Buyer should be notified to PHP within 24 hours of releasing the order. Buyers are solely responsible for any loss, direct or indirect expenses arrived at due to any changes in the products. No verbal amendments shall be accepted.

All Payments have to be made by T/T or D/D or Cheque payable at par in case of local sales. Payments to be done as 100% against Proforma Invoice
OR
50% Advance and Balance against Proforma Invoice
OR
As agreed by PHP.

Price and discount are subject to change without notice.
All quotations are valid for 30 days unless otherwise stated.

All prices are Ex - Works, Mumbai. Prices, discount, delivery and designs are subject to change without notice. PHP shall have the right to revise discount, Prices, point of delivery, service allowance or terms of payment at any point of time during the course of transaction. If buyer restricts any revision desired, PHP shall have the right to terminate this order by notice to buyers, suspend deliveries. Any delivery suspended under this section shall be cancelled without liability.

Buyer agrees to indemnify and hold PHP harmless with respect to any third party claim for personal injury or death, property damages or other loss, claim/s of which is/are based upon defective or allegedly defective design, material or workmanship furnished by PHP. Buyer also agrees that any liability arising, or insurance policies which Buyer may have to provide, subrogation rights against PHP are waived.

To the extent that PHP develops a new process while designing a new product on behalf of Buyer, the rights to the new process and or product including patent rights shall remain with PHP.

Credit Shipments on an open account basis will be made to approved customers who maintain good credit standing with PHP.

(i) Buyers, whose credit has not been approved, must submit names, address and telephone numbers of three industrial or commercial credit references.
(ii) Shipments of standard products to non-approved buyer will be shipped on COD Basis.
(iii) Orders for special or non-standard products from Non -approved customers (as) must be accompanied with cash or D.D as (in) advance payment.
(iv) If the remittance is not made in accordance with the terms specified, interest @ 24% p.a. will be charged from the date of Invoice.

If PHP delivers a product to the buyer designated as sample or prototype, no warranties or guarantee or suitability or fitness of particular purpose or merchantability are made with respect to such prototype or sample. Buyer shall have the sole responsibility to test the sample or prototypes prior to acceptance and/or usability of sample into end-use applications. If PHP Manufactures a product based on a sample or prototype design approved by the buyer, it may differ in assembly methods and materials from the sample or prototype. Buyers therefore shall have the duty and sole responsibility for testing and acceptance of products, which are based on prototype or sample design.

Variation in Quantity and Weight: When Industrial Heaters heating systems and sensors are manufactured to specific order. It is necessary to allow for losses in production and for this reason we reserve the right to ship as stated below.
Ordered Shipping variations:
1 - 9 units ± 1 Units
10 - 100 units ± 10%
100 and over ± 15%

Products shall not be returned to PHP without Prior approval. PHP will find the actual cause for return and if the products returned, are confirmed to have manufacturing defect PHP will decide whether to replace or repair the products. If the products are not subject to PHP warranty Buyer has to bear the cost of replacements or repair. All returns must be shipped freight prepaid.

All tooling and wood patterns are property of PHP. PHP shall accept Buyer's purchase's special tooling and patterns if sent freight prepaid. Buyer has to bear the cost of tooling and wood pattern if the cost exceeds reasonable amount.

PHP will maintain the tooling exercising reasonable care in order to produce Buyers product. PHP shall not be liable for any loss or damage to Buyer's property in its possession.

PHP warrants products against manufacturing defects (specifications, workmanship etc.) for 3 months from the date of delivery, provided such products are properly installed, used and maintained (please refer to precaution & installation procedures). PHP does not warrant any product against damage from corrosion, Contamination, improper application or Installation and normal wear and tear. The selection, application of heaters and controls are the buyer sole responsibility. Since PHP have no control over the application of its own products, PHP cannot guarantee against burn out. This warranty is applicable to any party using PHP products during the period of warranty. PHP shall not be liable for damages or any kind of losses resulting from the use or installation of products during the period of warranty and no claim is allowed from the user of product due to such losses. If product fails during the warranty period repair or replacement will be done at PHP option, without any additional charges. Buyer or user should notify to PHP within 8 days from the date of failure of the products. THE FOREGOING WARRANTY IS INLIEU OF ALL OF THE WARRANTIES EXPRESS OR IMPLIED, PHP WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES RESULTING FROM ITS BREACH OF THE FOREGOING WARRANTY. PHP SHALL NOT BE LIABLE TO BUYER AND/OR ANY OTHER PERSON OR ENTITY TO WHOM PRODUCTS ARE TRANSFERRED DURING THE PERIOD OF THIS WARRANTY WHO ASSUME RESPOSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM OR RELATED TO THE HANDLING, POSSESSION OR USE OF PRODUCTS AND PRODUCTS MANUFACTURED AND SOLD BY PHP.

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