Terms and Conditions
Acknowledgment and Acceptance
JTEKT Electronics India Pvt. Ltd. ("JTEKT Electronics India") provides the use of the JTEKT Electronics India web site ("Web Site") to you, conditioned upon your acceptance without modification of the following terms and conditions ("Terms and Conditions"). Please review these Terms and Conditions carefully. By using this Web Site, you are agreeing to these Terms and Conditions. If you do not agree or do not wish to abide by these Terms and Conditions, you may not use this Web Site or download materials.
Intellectual Property Rights
All content, text, images, data, information and other material ("Content") displayed, available or present on this Web Site, including any trademarks or copyrights, are the property of JTEKT Electronics India or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of JTEKT Electronics India, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Web Site or any Content without the prior written permission of JTEKT Electronics India.
Authorized and Prohibited Uses
You will comply with all applicable laws in connection with your use of this Web Site. JTEKT Electronics India may in its sole discretion modify, edit, translate, suspend, restrict access to or terminate this Web Site, these Terms and Conditions, the Content or any link at any time without liability or prior notice. JTEKT Electronics India may in its discretion terminate your browsing and use of this Web Site at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions. In the event you link this Web Site to another web site to which JTEKT Electronics India objects, upon notice of such objection from JTEKT Electronics India, you agree to immediately discontinue such link. Moreover, you agree that no link shall be made to any page or frame of this Web Site except to the first or top page. JTEKT Electronics India charges no fee at this time for browsing or using this Web Site, but reserves the right to impose or modify fees in connection with the browsing or use of this Web Site at any time without liability or prior notice.
Limitation of Liability and Disclaimers
Any and all content appearing on this web site is provided for informational purposes only. any products of JTEKT Electronics India and/or its affiliated companies are subject to the standard warranty of JTEKT Electronics India and/or its affiliated companies and other terms and conditions of sale in the sales agreement between JTEKT Electronics India and the purchases. This web site, its content and its links are provided on an "as is" and "as available" basis and are used only at your sole risk, to the fullest extent permissible by law. JTEKT Electronics India and its affiliated companies disclaim all warranties, express or implied, of any kind, regarding this web site (including its content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. JTEKT Electronics India and its affiliated companies will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with use of the internet, this web site, its content or its links.
You will defend, indemnify and hold harmless JTEKT Electronics India and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms and Conditions or dealings or transactions with other persons resulting from use of this Web Site.
Applicable Law and Forum
This Web Site, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of India without regard to its conflicts of law principles. The state and federal courts located in Gurgaon, India shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Web Site or these Terms and Conditions. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in in Gurgaon, India.
Responsibility of Login ID and User Information
You agree that you will be responsible for maintaining any Login ID information (which shall include without limitation, passwords, unique user identifications, specific user Login ID information and all other information used in connection with any JTEKT Electronics India issued Login ID) as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your Login ID. You agree to immediately notify us in the event that (i) your Login ID is lost or stolen, or (iii) your Login ID or a corporate user Login ID for which you are responsible requires immediate termination due to the resignation and/or termination of any employee or agent; and (iii) you become aware of any unauthorized use of your Login ID or of any other breach of security that might affect the Web Site. However, your notification to JTEKT Electronics India of any lost or stolen Login ID information, the termination of any JTEKT Electronics India Login ID or unauthorized use of your Login ID will not necessarily limit or eliminate your liability with respect to any damage, claims, and/or charges resulting from the use or misuse of this Web Site.
You represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of any entity which you represent. These Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede any prior agreement or communication. These Terms and Conditions may only be modified by JTEKT Electronics India, at its sole discretion. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms and Conditions shall survive termination of this Web Site, any use by you of this Web Site and any Content, or these Terms and Conditions.
Terms of Sale
All purchases of products (the "Products") from JTEKT Electronics India (the "Company") online web order system will be governed by these terms.
We do not accept any deviations from our terms. If your purchase order or other correspondence lists terms that are different from ours, we may process your order, but we do not accept the terms. We reserve the right to change our terms and conditions of sale at any time and without prior notice. Our terms and conditions in effect on the day an order is accepted shall apply without deviation. If you have any questions about whether the terms and conditions in this desk reference are still in effect, please inquire at the time you place your order. All orders are subject to acceptance by us.
The applicant (you) must complete the customer registration procedures of the Company. After the applicant has completed the customer registration application procedures in a manner specified by the Company and has been approved as a customer meeting the standards prescribed by the Company, the applicant will become a customer (the "Customer").
The Company may deny approval of an application to register as a customer of the Company for any of the following reasons:
- the applicant is not registered as a corporation;
- the applicant has already registered;
- the applicant's principal place of business or postal address as of the time of the customer registration procedures is outside of India or the country.
- it becomes evident that the applicant has had its customer registration revoked in the past;
- any of the details in the customer registration application are untrue;
- it is evident that applicant is a distributor/trader, or intends to resell.
- any other matter that the Company deems to be appropriate to consider for approval of customer registration.
- When ordering the Products, the Customer must provide the registered email address used at the time of registration as a customer.
Ordering the Products
The Customer may apply to order the Products using the Internet, fill in the required fields in the web site of the Company. Please consult the Company for details on how to use the web site."Order is entered into the Company's business system automatically. The customer will receive an order acceptance confirmation (to the e-mail address provided) after the order is accepted. Orders will become effective only upon uploading the order by the customer to our online web order system against your online order or upon receipt of the order by us at our company location in Gurgaon, India." Orders made by the Customer will constitute a sales agreement upon receipt of the order by the Company. Provided, however, that this will not apply if the Company notifies the Customer about declining the order. Please be aware that the Company may claim from the Customer any expenses the Company incurs in connection with requests from the Customer.
All prices reflect Indian Rupees, the only currency in which we trade within India. For the latest prices of our online products, it is recommended to refer to our website.
Obligations regarding Use of the Products
The Customer may order the Products with the following conditions with respect to the use of the Products:
- The Company will not be liable in any way for any damages incurred by the Customer that are caused by the Customer's error in using or selecting the Products.
- The Products may not be used in aerospace equipment, nuclear energy equipment, or military related products such as weapons or arms. The Products can be resold to a third party, incorporated in products offered to general consumers or used in any other similar manner with the written consent of the Company.
Shipping Terms and Charges
Ready stock items will be shipped after receiving the advance payment against proforma invoice. Out of stock items will take upto 4-5 weeks to ship. Freight will be charged on actual basis. In case of empergency, the Customer may contact company to ship by priority.
Monday to Friday (09:00 AM to 6:00 PM) except the Company Holidays.
Delivery of the Products
Upon receiving the Products, the Customer is requested to confirm about receiving to the company over the phone or by mail. The Products may not be delivered if the Customer's company name, factory name, research institute name, nameplate or other verification of the Customer cannot be confirmed.
The Customer must inspect all deliveries promptly. The Customer must notify the company within 48 hours of receipt with reported discrepancies or shortages.
In addition, the Customer shall pay an amount equivalent to all applicable taxes incurred in using the Service.
The Customer must pay the purchase price for the Products it has purchased and all taxes imposed thereon by Cheque or NEFT or RTGS from the Customer's company account only. Payment in cash or from an individual account will not be accepted in any mode. Further, please be aware that the Company may request advance payment from the Customer. If payment by the Customer cannot be confirmed by the specified due date or max up to 15 days from the online order date, please be aware that the Company may carry out prescribed procedures such as suspending the Customer's order and shipment of ordered products, or revoking the Customer's registration without any prior notice to the customer.
Refusal to Receive Products
If the Customer refuses to receive the Products or the Products cannot otherwise be sent to the Customer's address for reasons attributable to the Customer (such as nobody being at the address to receive the Products), the Company will consider the sales agreement for such Products to be automatically terminated. Please be aware that in this case the Customer must pay an amount equivalent to the price of the Products and any damages incurred by the Company. Provided, however, that this will not apply if the Company believes there are special circumstances in light of the nature, type, or quantity of the Products, the distribution system used or any other factor.
Force Majeure Disclaimer
If any delivery of products is delayed or impossible due to natural disasters (including, without limitation, earthquakes, floods and fires), amendments to or abolishment of laws or ordinances, dispositions through exercise of a public authority, transportation-related problems, labor disputes or any other unavoidable circumstances, the Company will notify the Customer within a reasonable period considering such circumstances. Provided, however, that the Company will not be liable in any way for any damages or expenses incurred by the Customer due to such delay or failure in delivery.
Changing or Canceling
Customer may change the details of order or cancel an order ("Cancellation") with in 48 hours of placing the online order.
Notwithstanding the foregoing, Cancellations may not be accepted because of the nature, type, quantity or shipping date of Products, the distribution system used, or other relevant factors.
If a cancellation is made through no fault of Company there may be a cancellation charge . These fees are applied as the costs incurred by Company for handling and/or production work already performed.
Warranty will be 12 months from the date of invoice. Customer will have to send the faulty product to our office in Gurgaon, India. Technical team will check the reason of product being damaged. If it is production fault, then only replacement will be provided.
Notification of and Changes to Registered Information
If there are any changes to the name, company name, address, representative, telephone number, fax number or other information registered by the Customer at the time of applying for registration, the Customer can do this by Login in his account.
Cancellation of Registration by the Customer
The Customer may cancel its registration by notifying the Company in a manner prescribed by the Company. Upon receipt of such notification, the Company will revoke the registration of such Customer, and the Customer will lose its status as a customer at the time such revocation is registered.
Governing Law: Jurisdiction
This Terms and Conditions and any sale of Products to Customer shall be deemed to have been made in and governed by the substantive laws of the State of India , without regard to choice of law provisions.
Revisions to Price and Specifications
The Company may, at its discretion and with or without notification, suspend sales of the Products and/or revise Product information on our website including but not limited to Pricing.
Approval to Amend these Terms and Conditions
The Company may revise, modify or amend these Terms and Conditions ("Amendments"). If the Customer orders the Products after such Amendments, the Customer will be deemed to have approved such Amendments.
Disclaimer Concerning Internet Services
- When the Customer views information or receives the Services or the like by using the web site of the Company (the "Internet Service"), the Customer does so at its liability and must do so in accordance with these Terms and Conditions as well as in accordance with the individual Terms and Conditions and regulations pertaining to individual services and with laws and ordinances.
- The Company is working to improve the quality of the information and services it provides through the Internet Service, but it does not warrant the safety, reliability, usability, fitness for a particular purpose, newness, legality, ethicality, or imperviousness to computer viruses of, for example, the Products, information, and services provided through the Internet Service, unless caused by the Company's willful misconduct or gross negligence.
- The Company addresses security matters, such as preventing information divulgence, but asks the Customer to be aware that there is a risk that information might be divulged and that absolute security thereof cannot be completely assured.
- The Company will not be liable in any way for any damages the Customer incurs in relation to using the Internet Service (including damages caused by undelivered orders made through the web site), unless such damages are caused by the Company's willful misconduct or gross negligence.
Temporary and Permanent Discontinuation of the Services
In the event that any of the following occur, Company reserves the right to suspend or discontinue, part of, or all aspects of the Service, without prior notice to the Customer.
- If an ordered product is damaged or rendered unusable because of a natural disaster (including, without limitation, earthquakes, floods, and fires), a power failure or similar event, or damage to the lines of a telecommunications carrier.
- If delivering the Products becomes difficult because of a natural disaster (including, without limitation, earthquakes, floods, and fires), the enactment or abolishment of a law or ordinance, a labor dispute, or any other unavoidable situation.
The Customer may not carry out any of the following acts while using the Service:
- Register false details in its customer registration.
- Carry out an act that would or might interfere with the operation of the Service.
- Make an order under another name or a false Customer Number.
- Act in a way that would or might be detrimental to another Customer, a third party or the Company or cause another Customer, a third party or the Company trouble or to incur damages.
- Carry out any act that would or might infringe any copyright or other intellectual property right or any right to privacy or other right of another Customer, a third party, or the Company.
- Illegally access the Internet Service and falsify information.
- Use the Internet Service to send or post harmful computer viruses or programs.
- Carry out any act that would or might contravene public policy or any law or ordinance.
- Carry out any act that contravenes these Terms and Conditions.
- Carry out any act that the Company otherwise deems inappropriate.
Use of Customer Information
Information collected by Company will be used for the following:
- To provide Corporate information, Business infomation and events by JTEKT Electronics India.
- To provide Product information or surveys regarding JTEKT Electronics India's Related Business or Diversified Business.
- The Company may not disclose or provide to a third party any information obtained in relation to use of the Service, except for the following cases. Regarding Customer's personal information, in addition to this article, the description about protecting Customer's personal information on the Company web site are also applicable.
- When the Company provides to a third party statistical information collected to identify trends in use of the Service that does not specify the names of any customers.
- When the Customer agrees to the Company disclosing its details such as its name, address, telephone number or email address.
- When disclosure is required by laws, regulations or ordinances.
Management of Customer Numbers
The Customer may not transfer, lend or disclose its registered customer id to a third party.
Liability of the Company
No Cooling-Off System
To the extent permissible by applicable law, no cooling-off period will apply to mail-order sales of the Products.
Any matters not provided for in these Terms and Conditions must be dealt with in accordance with the spirit of these Terms and Conditions upon consultation between the Company and the Customer. These Terms and Conditions have been enacted in June 2016.