This agreement with the customer shall come into force on the day when the customer opts online purchase, through company’s website www.petrimedca.com. (This agreement needs no signature as the same in digitally generated.)
M/s River Engineering Pvt. Ltd (REPL), a company incorporated under the provisions of Companies Act, 2013, having its office at 54-55, Toy City, Ecotech – III, Greater Noida UP – 201306, CIN: U74140DL2007PTC166854 (hereinafter referred as “Company”) (Hereinafter called “COMPANY”, which expression shall unless repugnant to the context or meaning thereof shall be deemed to include its successors, nominees and permitted assigns), as the party of the FIRST PART.
Person he or she agrees with the terms and conditions and opts buying the product(s) through www.petrimedca.com.
(Hereinafter referred as “CUSTOMER”)
WHEREAS the company is engaged in the business of designing, manufacturing and supplying of top-of-the-line product under brand name PetriMedCA to improve the air quality, to control the hazardous air pollution components, a genuine and bonafide effort is made by the company to keep breathing easy by eliminating some allergens inside the home and improve indoor air quality and to improve the supply of oxygen generation/concentration equipment named as breathing wellness products, the company introduced the products like oxygen concentrator, complete air purification system, bi-polar ionizer, and other names even not listed here (hereinafter called as “product”) to cure the indoor air quality and supply oxygen generating gadgets of various capacities used in offices, hospitals, clinics, homes, hotels, restaurants, class-rooms, automobiles, railway coaches and other on board and stationary places, and parts thereof like ionizer, UV disinfector or combination of UV disinfector and others.
AND WHEREAS the Company is owner of website/android and or IOS Application by the name of PetriMedCA wherein various medical devices of different nature are marketed and delivered using electronic medium more particularly through the website/android and or iOS application.
AND WHEREAS the “COMPANY “hereto after verifying the authenticity through manual verification agrees to provide “various after-sale services” as per the warranty to the ‘customer’ and the ‘customer’ shall provide the necessary database to the ‘Company’ regarding the same.
AND WHEREAS parties have agreed to reduce their terms in writing.
“Annexure” shall mean the schedules containing policy documents like “Terms & Conditions (Only for Online Purchases)”, “Cookies Policy”, and “Cancellation, Return, and Refund Policy”. And they shall form the integral part of this agreement.
“Business customer” means the customer who purchases products from our site for their business establishment.
“Confidentiality” means that the customer who use this site to purchase products is responsible for maintaining the confidentiality of his/her Account and password and for curbing access to prevent unauthorized access to the Account.
“Contract” means an agreement, defined above, shall be between the parties/sellers and buyers when online purchase order is placed.
“Company” The terms “Company”, “We”, “Us”, “Seller”, “Service Provider”, and “Our” used in this policy refer to River Engineering Pvt Ltd. With its registered office situated at 54-55, Toy City, Ecotech - III Greater Noida UP - 201306, the company’s Corporate Identity Number is U74140DL2007PTC166854.
“Customer” means the person who purchases product (s) on www.petrimedca.com by placing an order for.
“Delivery” means the process of delivering of the product to the address purchaser gives to us.
“Intellectual Property Right” means rights arising from technical data and information, technical processes and business methods related to the products.
“Payment” means the transactions made in INR using Mastercard, Visa, Maestro, American Express, Diners club, Net Banking, UPI, Wallets, Card on Delivery and Cash on Delivery (subject to a certain value) against the purchase of the product.
“Product” means all items put up for sale on www.petrimedca.com. The image used for our products are only for illustrative purposes.
“Purchase order” means the purchase order between Buyer and Supplier for the purchase of products, to which these Terms & Conditions are attached or are incorporated by reference.
“Return” means the process of taking the products back to the seller, depending upon the specified terms and conditions.
“Refund” refers to the process in which a customer places a request to return a product to the seller in exchange for money paid previously. Products sold on this website are covered under our 10-calendar day Replacement Guarantee.
“Site” means the website www.petrimedca.com, owned and managed by River Engineering Pvt. Ltd. (REPL), 54-55, Toy City, Ecotech - III Greater Noida UP – 201306 which is also our main trading address.
“Third Party” means any and all persons or entities not a party to this agreement.
“Third Party Claims” mean the Claims lodged by third party.
“Warranty” means a written guarantee issued to the buyer of products sold by REPL through www.petrimedca.com to repair or replace the repairable parts if they are found damaged or non-functional within 1 year from the purchase of the product.
NOW THIS AGREEMENT WITNESSES AS UNDER
1. Procedure of forming Contact between company and customer
• Visit the website
• Read and understand our Terms & Conditions, Cookies Policy, and Cancelation, Refund & Return Policy carefully.
• Click “Product” tab and read Product Description, Features, and Specifications carefully
• Check the box “I read and accept the terms and conditions” to agree with this agreement
• Place an order
• Provide your personal information and billing address
• You will receive a confirmation mail or SMS for your purchase
• Once the order is placed, this contract shall come into effect
If you want to trade in PetriMedCA™ products, then the following conditions shall be applied upon Your purchase:
you may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice or E-Invoice") shall be issued to You through the IRP/GST Portal. Only the Tax Invoice issued by the IRP/GST Portal will be considered as a valid Tax Invoice for all purposes. Please note:
PetriMed CA™ is not responsible to verify the correctness of the GSTIN and/or other details provided by You and You shall be entirely responsible to provide the accurate details.
If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
PetriMed CA™ shall not entertain any request for any revision in the GST Invoice. PetriMed CA™ shall not be liable for Your default including for reasons associated with details provided by You.
PetriMed CA™ will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
2. Commencement, Term, Renewal
The date of execution of this agreement shall be the commencement date and the agreement shall remain valid and binding for a period of one year initially and can be renewed on mutually agreed terms like Annual Maintenance Contract at the time of renewal for such terms as the parties agree. All renewals of the agreement or annual maintenance services shall be expressed either through an email or through a phone call. No oral agreement shall be binding on either of the party.
3. Warranty of the Company
All products sold through www.petrimedca.com are covered by a 1-year warranty (T&C apply).
A customer’s right to claim for warranty, including return, replacement, repair, and refund shall be terminated if the purchased product is used in open space. We supply the product for indoor use only. Using the product in open space may not deliver the specified results.
Warranty on the product shall stand canceled if it is unboxed by the customer.
4. Warranties, Representations and Undertakings of the “Customer”
The “Customer” warrants and represents that
i. The signatory to the present agreement is having the right and full authority to enter into this Agreement with the Company and the agreement so executed is binding in nature.
ii. All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against “Customer”.
iii. There are no proceedings pending against the “Customer”, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
iv. That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with the Company.
v. It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Sales Tax, Central Sales Tax, Service tax, Standards of Weights & Measures legislation, Sale of Goods Act, Value added tax, Excise and Import duties, etc. It further declares and Company that it has paid and shall continue to discharge all its obligations towards statutory authorities.
vi. That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
vii. It shall maintain details of all transaction and mark as complete / incomplete as the case may be and shall provide the same to the Company upon demand.
5. Rights of Company:
i. “Customer” agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to remove/amend any part of the agreement depending upon the change in market practice/ changed circumstances based upon necessities/contingencies arising out of law.
ii. The Company has right to send messages, give phone calls, serve legal notices and proceed with legal proceedings against the debtors on the behalf of the “Customer” for the purpose of recovery of debts and provide the following to the “Customer” on time-to-time basis.
iv. At any time if the Company believes that the services are being utilized by the “Customer” or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of the ‘Third Party Application, the Company shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, forthwith remove/block/close the online portal of the “Customer” and furnish such details about the “Customer” and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
6. Limitation of Liability
i. It is expressly agreed by the Customer that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Customer, customer or any other party whomsoever, upon which the Company has not explicitly agreed in writing.
ii. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Customer or any of its representatives.
iii. Death or personal injury caused by our negligence;
iv. Defective products under of the Consumer Protection Act 1986;
v. Fraud or fraudulent misrepresentation;
vi. or breach of the terms implied by section 15 of the Sale of Goods Act 1930 (title and quiet possession).
We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:
a) any loss of profits, sales, business or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
Our total liability to you in respect of losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
7. Price of the Product
i. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication.
ii. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
iii. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order.
iv. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
8. Payment for Product
i. Payment can be made in Indian Rupee through one of the following: Credit/Debit card (Mastercard, Visa, Maestro, American Express, and Diners Club), net banking, UPI, Wallets, card on delivery, and cash on delivery (up to a certain value as defined by us from time to time.)
ii. Additional terms and conditions may apply to the payment process based on the mode of payment, including without limitation, for No Cost EMI and Cash on Delivery. You agree with the Terms & Conditions by choosing such payment modes.
iii. We reserve the right to add or remove or modify the terms and conditions for such payment options without prior notice.
iv. Notwithstanding the above, usage of any of the above payment options shall at all times be subject to rules, regulations and guidelines under applicable law and those prescribed by RBI, issuer banks, acquiring banks, facility providers and other intermediaries involved in the payment process.
v. All payment transactions are subject to approval by the Your issuing bank / financial institution as applicable. If Your bank / financial institution refuses to authorize payment, we reserve the right to cancel the order without any liability. Further, you agree that it will not hold Us accountable for any delays caused to the Delivery in cases where the payment authorization is delayed by Your bank/ financial institution.
vi. We may at our sole discretion and without any prior notice limit the quantity / value of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card or debit card and also to orders that use the same billing and/or shipping address.
vii. We reserve the right to decline transaction by customer with a history of questionable charges including but not limited to breach of any agreement by the customer with Us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
viii. We may at our will do such checks We find fit before approving the cash on delivery transaction to be certain of customer’s commitment to pay the transaction price. As a result of such check if we are not satisfied with the creditability of the customer or genuineness of the transaction/transaction price, we may at our discretion reject and/or cancel the order.
ix. If a Product is listed with an incorrect price due to an error in pricing, we shall have the right, at its own discretion, to refuse or cancel any orders placed for that Product.
x. In the event that a Product is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
xi. In case of cash on delivery or card on delivery, the order amount has to be paid in full before receiving the package and signing the delivery sheet. The package can be opened only after the full payment is made to Us.
xii. We offer NO COST EMI facility for our customer. But Customer should reach out to their bank if the product purchased on EMI has been cancelled. Any interest fee, tax, or application fee calculated on EMI cancellation will not be borne by REPL.
While availing any of the payment methods available on our Site, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
a) Exceeding the pre-set limit mutually agreed by you and your Bank
b) Lack of authorization for any transaction/s, or
c) Any payment issues arising out of the transaction, or
d) Decline of transaction for any other reason/s
9. Return & Refund
i. If you purchase any product from our site, you have the right to place a request for return within 10 days from the delivery.
ii. The Return Request can only be entertained in case of any technical issues or physical damages.
iii. Customers are requested to inform us at email@example.com within 10 days of delivery of a product.
i. All products sold on this website are covered under our 10-calendar day Replacement Guarantee. Inform us of any problems or defects within 10 days from the date of delivery, and we will process your refund request.
ii. For Cash on Delivery orders, refunds will be processed either to a bank account (via National Electronic Funds Transfer (NEFT)) or cheque, whichever is applicable.
iii. If a buyer wishes to receive the Cash on Delivery order’s refund to his/her bank account, he/she needs to provide the details of the bank account.
iv. Refund request is valid in case of any technical issue or any physical damage.
Note: Refunds cannot be processed to third-party accounts. The name relating to the shipping address should match with the name of the bank account holder.
Return and Refund request stands canceled if you unbox the product yourself.
10. Delivery of the Products
The Products will be your responsibility after the completion of delivery.
i. You are a sole owner of the Product(s) once we receive the payment in full, including all applicable charges.
ii. We can only accept orders for delivery to addresses within the territorial boundaries of Republic of India.
iii. Next day delivery shall be attempted by PetriMed CA™ but we don’t guarantee it.
iv. Cash on Delivery is only applicable below order value of ₹49,900.
v. Next day delivery not applicable on Sundays and public holidays.
vi. Next day delivery not applicable on accessories.
vii. Next day delivery will be attempted by PetriMed CA™ but PetriMed CA™ not responsible if premises are locked, customer not available, or delivery refused for any reason.
viii. Next day delivery not applicable for reasons beyond PetriMed CA™'s control, including force majeure conditions.
11. Termination and effects of Termination
i. This Agreement may be terminated by the Company forthwith in the following events :-
a) “Customer” fails to make payment of the sum demanded after it has been served 72 hours written notice;
b) “Customer” commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 3 working days after issue of written notice given by the Company.
c) If a Petition for insolvency is filed against the “Customer”.
d) If the “Customer” is in infringement of the third-party rights including intellectual property rights.
e) “Customer” misguides or mislead facts about debtors.
ii. This agreement may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The agreement shall stand terminated after expiry of such period.
iii. Effect of Termination:
a) In the event of termination/expiry of this Agreement, the Company shall remove all the database of the “Customer” from the website/android and or IOS Application provided by the Company.
b) Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the “Customer” by virtue of termination of this agreement.
c) During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.
Termination shall not cause any pending/ disposed issues effected termination shall not be a ground of breach of agreement.
12. Jurisdiction, governing law and ex-parte Orders
i. This Agreement is to be construed pursuant to the laws of the State. The “Customer” agrees to submit to the jurisdiction and venue of Gautam Buddha Nagar, Noida UP, without regard to conflict of laws’ provisions, for any claim arising out of this Agreement.
ii. The laws of Republic of India, as are in force, shall be applicable to present agreement.
iii. The Company is entitled to obtain ex-parte ad- interim injunction orders restraining the “Customer” to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Company by the “Customer”, its representatives, associates or assigns.
All notices and other communication under this Agreement shall be in writing, in English language and shall be caused to be delivered by hand or sent by any modern mode of communications like speed and registered post, telex, fax, email or any recognized courier in each case to the addresses as set out at the beginning of this Agreement. Any change made by either party shall not be vailed unless communicated to other party within a period of 7 working days.
14. Intellectual Property Rights
The Company does not authorize the “Customer” to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licensed by it for any purposes, except company provided material to display.
15. Entire Agreement
This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, correspondence, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.
This Agreement nor any part of it is assignable, transferable, sub-licensable, sub-contractible or conveyable by company, either by operation of law or otherwise, without the express, prior, written consent of the Company signed by an authorized representative of such Party. The Company is at liberty to refuse such consent.
17. Governing Law and Dispute Resolution
This “Contract” shall be governed and construed in accordance with Indian Law.
The Parties shall use their respective reasonable endeavors to settle any Dispute amicably through negotiations. If a dispute is not resolved within sixty 30 days after written notice of a dispute by one Party to the other Party, then the provisions of Clause below shall apply.
Any dispute or controversy between the Parties arising out of or in connection with this “Contract”, and/or the interpretation/implementation of any provision hereof shall be settled through arbitration proceedings in accordance with the Indian Arbitration and Conciliation Act, 1996 to be held in Gautam Buddha Nagar Noida, UP. Arbitrator shall be a sole arbitrator mutually decided by the Company.
Except as set forth above, all matters arising out of this “Contract” shall be subject to the jurisdiction of the Courts at Noida. The Parties irrevocably waive any objection to venue in these courts and any objection based on the doctrine of forum non convenience or similar grounds that these courts are inconvenient for determination of a dispute.
18. Relationship of Parties
Relationship between he parries shall be principal to principal in no circumstances their shall not be employers and employee relationship basis Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The “Customer” shall not be responsible for the acts or omissions of the company and “Customer” shall not represent the Company, neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
Except as expressly set out in this Agreement, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.
Each provision of this Agreement or portion thereof is considered to be independent. If any portion of this Agreement shall be found to be illegal, invalid or contrary to public policy the same may be modified or stricken by a court of competent jurisdiction to the extent necessary to allow the court to enforce such provision in a manner which is as consistent with the original intent of the provision as possible, and the revised stipulation and the remainder of this Agreement shall continue in full force and effect.
21. Force Majeure.
Neither Party shall be liable to the other for delay in performing or failure to perform any of its obligations hereunder if and to the extent that such delay or failure to perform is due to any cause beyond its control which could not have been reasonably foreseen and avoided by the exercise of due care and diligence consistent with the exercise of reasonable business judgment, including acts of God, fire, flood, explosion, wars, and riots. If either Party is so delayed or unable to perform its obligations as a result thereof, in whole or in part, such Party shall promptly notify the other Party thereof in writing, explaining the reason for such delay or inability to perform and shall, to the extent reasonable and lawful under the circumstances, use its reasonable endeavours to remove or remedy such cause as soon as possible. In the event of such a force majeure, the time for performance or cure shall be extended for a period equal to the duration of the force majeure, but in no event more than thirty (30) days. Any delayed performance not resumed after thirty (30) days shall be deemed an event of default hereunder and shall entitle the other Party to terminate this Agreement.
22. No Waiver.
The failure of either Party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision or the right thereafter to enforce each and every provision hereof. No waiver by either Party, either express or implied, of any breach of these terms or conditions shall be construed as a waiver of any other term or condition.
The provisions of this Agreement that by their nature continue in effect shall survive the termination or expiration of this Agreement. Outstanding Request for Services shall survive the termination of this Agreement unless the company cancels the Request for Services.
24. Entire Agreement
This Agreement, including all Exhibits, Attachments, and any Request for Services issued hereunder, constitutes the entire agreement between the Parties in connection with the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties. No amendment to or modification of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the company and Service Provider.
25. Soliciting of Employees
Both Parties hereby represent and warrant that during and upon lapse/termination of this Agreement, they shall not in any manner solicit or entice the employees or customers of the other Party to join or enter into transactions, directly or indirectly or with other entities which are in direct or indirect competition with other Party.