1. General Terms and Conditions of Delivery and Payment
1.1 Offer, Order
1.1.1 Any deliveries made and performances rendered by SAMA GREENTECH Pvt Ltd. are subject to these terms and conditions and terms of payment and the agreement entered into by SAMA GREENTECH Pvt Ltd. and the customer. SAMA GREENTECH Pvt Ltd. apply exclusively; T&Cs of the customer which are inconsistent with these T&Cs or which deviate from them are hereby expressly excluded by SAMA GREENTECH Pvt Ltd., except where SAMA GREENTECH Pvt Ltd. has expressly agreed to them in writing. SAMA GREENTECH Pvt Ltd. T&Cs also apply if SAMA GREENTECH Pvt Ltd. unconditionally renders performance despite having had knowledge of conflicting or deviating T&Cs issued by the customer.
1.1.2 Orders placed by the customer represent binding offers, which SAMA GREENTECH Pvt Ltd. may accept within one week by way of order confirmation or by way of performing the order. All offers made by SAMA GREENTECH Pvt Ltd. are non-binding, except where they have been expressly specified as binding.
1.1.3 Offer-related documentation such as images, drawings, indications of weight and dimensions are approximates, except where these have been expressly specified as binding.
1.1.4 SAMA GREENTECH Pvt Ltd. reserves all proprietary and intellectual property rights in any cost estimates, drawings and other documentation; these must not be disclosed to third parties. SAMA GREENTECH Pvt Ltd. undertakes not to disclose to third parties any schemes and plans which have been designated as confidential by the customer without the customer’s prior consent.
Where construction-related documentation has been prepared on behalf of or at the request of the customer, it will be invoiced separately. This shall apply even where no order is subsequently placed.
1.1.5 Samples, models, drawings or data carriers provided by the customer will only be returned upon the request and at the expense of the customer. In cases in which no subsequent order is placed, and no such request for return is made in due course, SAMA GREENTECH Pvt Ltd. is entitled to destroy such samples, models and drawings within one month of making the offer, without being liable for any claims for damages.
1.2 Pricing and Payment
1.2.1 The purchase price set out in an offer is binding. Prices quoted to consumers include the statutory rate of GST.
1.2.2 With regard to customers that are businesses, prices – if not agreed otherwise – are ex works including loading at the works, but excluding shipping costs, costs of packaging and GST at the statutory rate.
1.2.3 Where no specific agreement has been made, invoices shall be paid in advance and without any deductions. Payment in good time shall be adjudicated on the basis of the date of receipt onto one of the bank accounts designated on the invoice. Submission of a cheque will not constitute payment on time, and will only be considered as a component part of performance. Bills of exchange will not be accepted.
1.2.4 In the case of individual deliveries that have been constructed in accordance with customer specifications, advance payments shall be agreed individually.
1.2.5 If the customer is in arrears with a payment, SAMA GREENTECH Pvt Ltd is entitled to declare that all amounts owed to it are due for payment at once, without taking account of due dates otherwise agreed, and to refuse any further performances and/or deliveries as long as these payments have not been made in full. Moreover, SAMA GREENTECH Pvt Ltd may claim the statutory rate of interest on all late payments. If SAMA GREENTECH Pvt Ltd provides evidence of damages as a result of delayed payment over and above the rate of interest, SAMA GREENTECH Pvt Ltd is entitled to claim the respective damages, unless the customer proves that SAMA GREENTECH Pvt Ltd did not suffer any or only suffered less damage as a result of late payment.
1.2.6 A right to a set-off may only be invoked by the customer if the respective counter-claims have been bindingly ascertained at a court of law, are undisputed or admitted by Fischer Panda GmbH. If the customer is a business, it may only assert rights of retention, if the respective counter-claim stems from the same contract, is undisputed or has been bindingly ascertained at a court of law.
1.3 Delivery Times
1.3.1 The term of delivery commences on confirmation of an order, not however before the customer has delivered all documentation, approvals and releases and clarified all technical issues, and not prior to receipt of any advance payments due.
1.3.2 The delivery deadline is deemed to have been complied with if the delivery item has left the works by the deadline or if notification has been given that it is ready for shipping. Where an acceptance procedure is required, the date of acceptance shall – except in cases in which refusal of acceptance is justified – be decisive, or the date of notification that the acceptance procedure can be carried out.
1.3.3 The delivery deadline shall be reasonably extended in the event of industrial action, in particular strikes and lockouts, and in the case of occurrence of unexpected hindrances which fall outside the sphere of influence of SAMA GREENTECH Pvt Ltd.
1.3.4 If SAMA GREENTECH Pvt Ltd is in default, the customer must grant SAMA GREENTECH Pvt Ltd a reasonable grace period for specific performance. If delivery is not made by expiry of the grace period, the customer is entitled to rescind the contract and claim damages
1.3.5 Where shipping is delayed at the request of the customer, the customer shall be invoiced, commencing one month subsequent to notification of readiness for shipping, for the costs of storage in the works of SAMA GREENTECH Pvt Ltd, which amount shall be no less than 1% of the invoice value of each given month. Following the grant and expiry of a reasonable grace period, SAMA GREENTECH Pvt Ltd is entitled to dispose of the delivery item.
1.3.6 Compliance with the delivery deadline requires the timely and orderly performance by the customer of all his/its duties. SAMA GREENTECH Pvt Ltd reserves the right to claim lack of performance of contract.
1.4 Passing of Risk and Acceptance
1.4.1 Where the customer is a business, the risk passes to the customer at the moment in time in which the delivery item leaves the works of SAMA GREENTECH Pvt Ltd the same applies where part-deliveries are being made or where SAMA GREENTECH Pvt Ltd has undertaken further performances such as delivery and on-site installation of the delivery item. At the request of the customer,SAMA GREENTECH Pvt Ltd will insure delivery at the customer’s expense against theft, damage, transport damage, fire damage and water damage as well as against any other insurable events. The request must be phrased expressly and must be made in writing.
1.4.2 If the customer is a business, and if delivery is delayed or not made due to circumstances which cannot be attributed to Fischer Panda GmbH, the risk passes to the customer on the date that notification of readiness for shipping is given. Fischer Panda GmbH is entitled to insure the delivery item against theft, damage, transport damage, fire damage and water damage as well as against any other insurable events at the expense of the customer, provided that the customer did not demonstrably object to taking out such insurance policies.
1.4.3 Any items delivered must be received by the customer, even if they show defects, however, without prejudice to the rights of the customer
1.5 Retention of Title
1.5.1 If the customer is a consumer, SAMA GREENTECH Pvt Ltd retains title in the delivery items until all receivables owed to SAMA GREENTECH Pvt Ltd have been paid in full by the customer.
1.5.2 If the customer is a business, SAMA GREENTECH Pvt Ltd retains title in the delivery items until all receivables owed to SAMA GREENTECH Pvt Ltd by the customer which stem from their business relationship are settled, including all future liabilities arising from contracts entered into at the same time or later, even if the actual delivery items in question have already been paid. The same applies where individual or all receivables owed to SAMA GREENTECH Pvt Ltd have been enumerated in one combined receivable account that includes payments made and whose balance has been approved by the customer.
SAMA GREENTECH Pvt Ltd of any third party compulsory execution measures relating to goods which are subject to retention of title without delay, and in doing so must provide the documentation required for any related legal intervention; the same applies in the case of other types of detriments. Irrespective of this, the customer must specify existing rights in the goods to such third parties. The customer must bear the costs of such intervention by SAMA GREENTECH Pvt Ltd to the extent in which the third party is unable to reimburse these.
1.6 Liability for Defects of the Delivery/Warranty
1.6.1 If the customer is a consumer, SAMA GREENTECH Pvt Ltd's liability for defects is in keeping with the respective statutory provisions.
1.6.2 If the customer is a business, the warranty claims of the customer require that the customer has complied with its obligation to inspect the goods and to give notice of defects without delay. Any identified defects must be documented as intelligibly as possible and must be described using all documentation required for this purpose. In the case of an orderly notice of defect, SAMA GREENTECH Pvt Ltd
1.6.3 Should SAMA GREENTECH Pvt Ltd fail to render specific performance within the reasonable grace period granted by the customer or should specific performance definitively fail after several attempts, or should SAMA GREENTECH Pvt Ltd refuse such specific performance, the customer shall be entitled to reduce the agreed remuneration and claim reimbursement of any related expenses incurred or to rescind the contract. If the defect in question is insignificant, the customer may merely ask for a reduction of the purchase price.
1.6.4 SAMA GREENTECH Pvt Ltd is not liable for defects which are caused by inappropriate or inexpedient use or by faulty installation or commissioning by the customer or by third parties who have not been instructed or authorised by SAMA GREENTECH Pvt Ltd, or which represent regular wear and tear, or which stem from faulty or negligent treatment, lack of proper maintenance, inappropriate working materials, defective construction works, inappropriate foundation soil, or a chemical, electrochemical or electrical interference which does not fall within SAMA GREENTECH Pvt Ltd sphere of influence. Where the specific performance rendered by the customer or by a third party proves to be inappropriate, SAMA GREENTECH Pvt Ltd does not assume any liability for the consequences so caused.
1.7.1 Any expenses for mechanics and allowance rates incurred on account of the commissioning, in particular for overtime work, work on Sundays and public holidays shall be borne by the customer in accordance with the laws of the INDIA LAW. Journey times and travel times also count as working hours.
1.7.2 The costs for the return journey as well as for the transportation of tools and other working materials and the luggage shall be borne by the customer.
1.8 Liability for Defects
1.8.1 SAMA GREENTECH Pvt Ltd's liability for breaches of contractual duties as well as for tortuous acts is limited to intentional acts and to gross negligence. This shall not apply to any impairments of life or health or to bodily harm caused to the customer, or to claims arising from an infringement of material contractual terms, i.e. terms which reflect the nature of the contract at hand and whose infringement put the objective of the contract at peril, and to product liability claims and to claims for damages for default .
1.9 Cancellation of the Contract
1.9.1 Should the customer unjustly rescind the contract, SAMA GREENTECH Pvt Ltd is entitled, without prejudice to the assertion of greater damages, to claim 10% of the gross contract value for the processing of the order and for any loss of profit incurred. The customer is entitled to furnish evidence to prove that lesser or no damages have been incurred by SAMA GREENTECH Pvt Ltd
110, Kapila Nagar,, Hydershakote, Madhavi Nagar, Rajendranagar mandal, Hyderabad, Telangana 500091
+ 91 955 36 11 111