2Paws Technology2Paws Technology

Terms & Conditions for Sales

Thanks for using our products. The products are provided by 2Paws Technology LLP, located at Swathantra Path, Flat 11 Jancia Apt, Vasco-Da- Gama, Goa. By using our products, you are agreeing to these terms. Please read them carefully. Our products are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant products, and those additional terms become part of your agreement with us if you use those products.

Definitions

For the purpose of this document, the following definitions shall apply:

  1. 2Paws Technology LLP
  2. Products: The equipment, parts, accessories and products to be sold by 2Paws Technology LLP to buyer and listed on the face hereof;
  3. Buyer: The person or entity listed on the face hereof who is purchasing the Products
  4. Collateral: The Products and their proceeds, together with any additions, accessions, increases, substitutions and replacements which are subjected to 2Paws Technology LLP security interest pursuant to this Agreement.

Order of precedence

These terms and conditions of Sales take precedence over and supersede any additional or different terms and conditions set forth in any purchase order or other communication of Buyer, to which notice of objection is hereby given by 2Paws Technology LLP. 2Paws Technology LLP acceptance of such purchase order is limited to these terms and conditions, which shall be construed as a counter offer to Buyer, and is expressly made conditional on Buyer's assent to these terms and conditions. Acceptance by Buyer of the Products or any portion thereof shall be deemed to constitute Buyer's assent to all of the terms and conditions set forth herein. Neither 2Paws Technology LLP commencement of performance nor delivery shall be deemed or construed as acceptance by 2Paws Technology LLP of Buyer's additional or different terms and conditions.

Price

Unless otherwise indicated on the face hereof, prices shown

  1. do not include any additional fittings or adjustments and
  2. are net prices FOB Goa or such other shipping point as designated by 2Paws Technology LLP, exclusive of delivery and installation charges and taxes. Buyer shall pay all delivery charges including, without limitation, rigging and transportation charges, the cost of any transit insurance and the cost of installation. Any tax, fee, levy, assessment, exaction, imposition or other charge imposed by any local, state or federal government now or hereafter levied upon the production, sale, use, import, export, ownership or shipment of the Products, shall be paid for by the Buyer, except for taxes based on 2Paws Technology LLP net income.

Claims for damage in transit

2Paws Technology LLP responsibility shall cease upon delivery of the Products to the carrier FOB or such other shipping point as designated by 2Paws Technology LLP. Buyer shall examine all Products carefully immediately upon delivery and before signing any receipt. If the Products are visibly damaged or there is any shortage, Buyer shall note same on the shipping receipt and send notice of such damage or shortage to 2Paws Technology LLP with three (3) days of receipt of delivery. Buyer's signature on a receipt without notation of damage or shortage or Buyer's failure to send notice to 2Paws Technology LLP of damage or shortage within such three (3) days shall constitute conclusive evidence of Buyer's receipt of the Products in satisfactory condition. All risk of loss of or damage to the Products is assumed by Buyer after 2Paws Technology LLP has made delivery of the Products to the carrier for shipment to Buyer, and Buyers' sole recourse for any loss of or damage to the Products shall be against the carrier.

Delivery date

Delivery dates quoted or acknowledged by 2Paws Technology LLP are not an agreement as to delivery by a specific date but rather are an estimate of the delivery date. Shipments of Products purchased hereunder are subject to 2Paws Technology LLP determination of availability. 2Paws Technology LLP shall not be liable for any delay in shipment or any failure to ship Products against an accepted order or for any damages suffered thereby. Buyer's sole remedy in the event that any delivery of Products is delayed shall be to cancel this Agreement by notice received by 2Paws Technology LLP prior to shipment. Such remedy may only be exercised in the event that delivery of Products is delayed more that ninety (90) days beyond the delivery date stated in the acknowledgement.

Failure to take delivery

In the event that 2Paws Technology LLP is ready to ship or has shipped Products conforming to this Agreement to Buyer in accordance with the delivery terms stated herein, and Buyer fails to take delivery or delays delivery or notifies 2Paws Technology LLP that delivery will be delayed or rejected, 2Paws Technology LLP may at its election, treat such as failure delay or notice of delay or rejection as a repudiation of the Agreement by Buyer and pursue all remedies available to it at law, including, without limitation, storage of the Products for the account of Buyer at Buyer's sole cost and expense in which event all risk of loss or damage to the Products shall be assumed by Buyer and/or cancellation of this Agreement. In the event of cancellation of this Agreement by 2Paws Technology LLP, Buyer shall be liable to 2Paws Technology LLP for its damages, including loss of profits and 2Paws Technology LLP reasonable attorney's fees, court filing fees and other disbursements incurred in collecting such damages.

Force majeure

2Paws Technology LLP shall not be liable to Buyer for any delay or failure by 2Paws Technology LLP to perform its obligations hereunder when such delay or failure is directly or indirectly due to accident (in manufacture or otherwise), fire, flood, seizure, riot, war, embargo, labour shortages or difficulties, inadequate transportation facilities, shortage of material or supplies delay or default on the part of 2Paws Technology LLP suppliers, regulation or order by government authority, or any other casualty or cause beyond the control of 2Paws Technology LLP. 2Paws Technology LLP may at its option cancel this Agreement or delay performance hereunder for any period by necessary due to any of the foregoing, during which time this Agreement shall remain in full force and effect. 2Paws Technology LLP shall have the further right to allocate its available materials and products between its own uses and its customers in such manner as 2Paws Technology LLP may consider fair and reasonable. 2Paws Technology LLP shall have the right to make partial shipments to Buyer and invoice accordingly and Buyer shall be obligated to pay for such partial shipments when invoiced.

Acceptance

Buyer shall be deemed to have accepted the Products upon the earliest of

  1. delivery to Buyer if installation by 2Paws Technology LLP is not included in the purchase price; or
  2. certification by 2Paws Technology LLP in such form as 2Paws Technology LLP shall prescribe that the Products have been installed and meet 2Paws Technology LLP specifications, if installation by 2Paws Technology LLP is included in the purchase price; or
  3. utilization of the products or any portion thereof by Buyer for any purpose.

Payments

Payment for Products shipped on credit shall be made within thirty (30) days of the shipment date without any deductions or offsets. Payment terms will be strictly enforced on all accounts. Amounts past due are subject to a service charge at the maximum rate of interest permitted by law until paid. Buyer shall pay all of 2Paws Technology LLP costs and expenses incurred in the collection of any outstanding amounts, including reasonable collection agency or attorneys' fees, court filing fees and other disbursements.

Return of sales

2Paws Technology LLP shall not accept any return of products unless previously authorized by 2Paws Technology LLP in writing, whether under warranty or otherwise refunds will be only initiated after return of the complete sale to the 2Paws Technology LLP warehouse, after successful inspection of the sale and payment of damages if any.

Limited warranty

  1. 2Paws Technology LLP warrants that the Products are free from defects in material and workmanship. Upon notice of any defect in material and workmanship, 2Paws Technology LLP shall have the right to inspect the Products and to investigate all claims for the purpose of determining whether the Products are defective. If 2Paws Technology LLP determines that the Products are defective and covered by this limited warranty then 2Paws Technology LLP shall, at its option, have the right either to repair or replace any defective Products. 2Paws Technology LLP liability and Buyer's exclusive remedy, for defective Products shall be limited solely to such repair or replacement. No Products shall be returned to 2Paws Technology LLP without 2Paws Technology LLP prior written consent.
  2. The effectiveness of the warranty contained herein shall, with respect to any other particular defect be conditional upon
    1. Buyer's substantiation that the Products have been stored, maintained and operated in accordance with such instructions as are given by 2Paws Technology LLP to Buyer and with standard industry practice and have not been damaged as a result of negligence, improper handling or accident on the part of any person other than 2Paws Technology LLP and
    2. Buyer's payments of all invoices for the Products or other charges to which 2Paws Technology LLP may be entitled and
    3. Buyer's exclusive use of persons approved or authorized by 2Paws Technology LLP to effect any repairs to the products and
    4. Buyer's substantiation that no modification or alteration of the products have been made without the prior written consent of 2Paws Technology LLP. Subject to the foregoing, the warranty contained herein shall remain in effect for 12 months from the date that the products are provided by 2Paws Technology LLP, unless a different warranty period shall be stated on the face hereof.
  3. Different warranty terms are available for some product types and are incorporated herein if noted on the face hereof. Such different warranty terms supersede the terms hereof only to the extent that they are inconsistent herewith.
  4. The warranty contained in this section is in lieu of and excludes all other warranties, express or implied by operation of law or otherwise, including any implied warranty of merchantability or fitness for a particular purpose. Loss or damage arising out of or in any way related to the manufacture, sale, delivery or use of the products shall be as provided herein and shall in no case exceed the lesser of the cost of repair or replacement. 2Paws Technology LLP shall not be liable in contract or in tort to buyer or any other person for any special, incidental or consequential damages, such as but not limited to, damage to, loss of, or loss of the use of other property or equipment, loss of profits or revenues or claims of buyer or of customers of buyer for losses of any kind.
  5. This warranty is non-transferrable and non-assignable.

2Paws Technology LLP gives no warranty whatsoever with respect to parts with a limited technical lifetime such as electronics, solar panel(s). Components or products produced by other manufacturers are warranted by 2Paws Technology LLP only to the extent that such components are warranted by the manufacturer supplying such components to 2Paws Technology LLP and to the extent that such warranties may be assigned by 2Paws Technology LLP to Buyer. 2Paws Technology LLP software is included in this Agreement, 2Paws Technology LLP warrants that its software, which is designed for use with a particular hardware product, where properly installed, will not fail to execute its programming instructions due to defects in materials and workmanship. If 2Paws Technology LLP receives notice of a defect during the applicable warranty period, 2Paws Technology LLP will repair or replace software media which do not execute programming instructions due to such defect. 2Paws Technology LLP does not warrant that the operation of the software will be uninterrupted or error free.

  1. The sale product/unit and or accessories is warranted, to the original purchaser, to be free from defects in material and workmanship under normal use and service.
  2. This Warranty will be limited to repair / replacement, ex-Branch Office of any part of the unit found defective within 12 months from the date of sale.
  3. Free transportation of the equipment to the workshop for repairs is available during the Warranty period if the appliance is used within the Municipal limits of the city or town where the 2Paws Technology LLP office / dealer is located.
  4. All transportation and handling expenses incurred while repairing will be payable by the customer. For any appliances installed beyond the municipal limits of the jurisdiction of the authorized customer centre charges towards technician's visits will be borne by the customer. While the company will make every effort to carry out the repairs at the earliest it however is made expressly clear that the company is under no obligation to do so in a specified period of time.
  5. The defective parts must be sent to the Company, freight prepaid and insured, for the company's examination and satisfaction that they are defective. Return freight and insurance on such repaired / replacement parts plus any excise duty and taxes / levies will be extra.
  6. This Warranty ceases to be valid if:
    1. Repairs on the equipment are carried out by any person other than the one authorised by the Company.
    2. The equipment is let on hire.
    3. A defective voltage stabiliser is in use.
    4. All handles, hinges, wheel, taps, knobs, locks, lights and rubber / glass / plastic parts are not covered under this Warranty.
  7. Any consequential damage or loss arising from any cause whatsoever, is excluded from this Warranty.
  8. Failure / deterioration of any part / assembly arising, in the Company's opinion, by reasons of shifting to another location, accident, alteration, abuse / misuse, substitution of original part(s) with unauthorized part(s) or any damage caused by fire / flood, etc. or exposure to weather conditions, are not covered under this Warranty.
  9. This Warranty will continue to be in force for the term herein specified irrespective of any replacement parts which may be provided under Warranty and such replacement parts shall not carry any fresh Warranty.
  10. Employees and / or authorised dealers of the Company have no authority to vary the terms of this Warranty. No person is authorized to assume, in Company's name or on Company's behalf, any other obligation or liability in respect of this appliance.

Notices

All notices, consents, requests, instructions, approvals and other communications hereunder shall be in writing and given by personal delivery or by certified mail return receipt requested, or by express delivery service to the address of Buyer or 2Paws Technology LLP as shown on the face hereof or to such other address as any party hereto may, from time to time, designate in writing. Notices shall be deemed to be effective after three (3) days of delivery to Company's office in Goa by mail/post.

Arbitration clause applicable

In the event of any dispute or difference between the parties hereto, regarding the interpretation or meaning of any provisions of this offer. The same shall be referred to arbitration of a common arbitrator at Goa to appoint out of 3 suggested names given by the company. Jurisdiction Any/All dispute will be settled under jurisdiction of Goa.

Applicable law

This agreement shall be governed by and construed under the laws of the State of Goa, India.

Jurisdiction and venue

Buyer hereby submits to the jurisdiction of the Goa courts for the resolution of any dispute arising directly or indirectly from this Agreement. The exclusive venue of any action, proceeding or dispute resolution procedure arising directly or indirectly from this Agreement shall be in Goa, India. Company however reserves the right to initiate court proceedings against the Buyer at any other court of competent jurisdiction.

Entire agreement

This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of its terms. This writing supersedes any previous or contemporaneous communications, representations or agreements by either party whether verbal or written.

Severability of provisions

In the event that any one or more of the provisions contained in this Agreement are determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Assignment

No assignment of rights or transfer of obligations under this Agreement shall be made by 2Paws Technology LLP or Buyer without the prior written consent of the other party, provided however that 2Paws Technology LLP may, without the consent of Buyer assign its rights and transfer its obligations under this Agreement to any corporation which is a parent, subsidiary or affiliate of 2Paws Technology LLP.

Quotations

Any quotation issued by 2Paws Technology LLP shall not constitute an offer by 2Paws Technology LLP to sell the Products to Buyer and 2Paws Technology LLP reserves the right to withdraw or modify any quotation issued by it at any time without notice to Buyer. Such quotation shall constitute an invitation to Buyer to submit a purchase order to 2Paws Technology LLP, which purchase order may be accepted (by 2Paws Technology LLP issuance of its acknowledgement) or rejected by 2Paws Technology LLP. Any contract for the purchase and sale of the Products between 2Paws Technology LLP and Buyer may only result from 2Paws Technology LLP issuance of a written acknowledgement.