Terms & Conditions
TERMS AND CONDITIONS OF SALE
These terms and conditions of sale are applicable to Elevator and Escalator products sold/supplied by Engineering Solution and Supplier. In these terms and conditions, the ‘Seller’ means Engineering Solution and Supplier,
Registered office: 8/37, Eastern Plaza, Sonargoan Rd, Dhanmondi, Dhaka-1205
The ‘Buyer’ means the person, firm or company who buys or agrees to buy goods from the US(ESS).
Agreement of Sale: Acceptance of any order of Buyer is conditional on Buyer’s acceptance of the terms and conditions of sale contained herein, on any pages attached hereto, and in the Seller’s(ESS) quotation or in the Seller’s(ESS) acknowledgment of Buyer’s order, if any. Any terms and conditions of Buyer’s order which are inconsistent with these terms and conditions are rejected, will not be binding on Seller, or applicable to the sale and/or delivery of the products, parts or services referred to herein. These conditions shall apply to the exclusion of any other terms and conditions howsoever referenced by the buyer. This agreement shall not create or give rise to any third party rights except the extent expressly stated herein. The application of any legislation, including but not limited to the Contracts (Rights of Third Parties) , giving to or conferring on third parties contractual or other rights in connection with this Agreement shall be excluded. No waiver, alterations, or modification of the provisions hereof shall be binding on Seller unless agreed to in writing by a duly authorized representative of Seller. The waiver by either party of any breach of this Agreement shall not be deemed or construed as a waiver of any other breach, whether prior, subsequent or contemporaneous, of this Agreement. The seller, in its sole discretion, may add or partially add its rights and/or delegate or partially delegate the performance of its duties with respect to this Agreement and/or any order placed by Buyer under this Agreement. In the event of such assignment and/or delegation to an affiliate of Seller, such affiliates terms and conditions of sale may apply where necessary to the extent they are inconsistent with, or in addition to, the terms and conditions of sale stated in this Agreement.
Prices and Payments: Prices shall be Sellers listed price for the goods/products less any discount as notified in writing by Seller, plus Seller’s charges for Freight, Insurance, banking charges, administration charges and etc., all is in effect on the date of dispatch of the goods and any costs resulting from Buyer-caused delays. Seller will invoice prior to production/supply of goods for a minimum deposit of 30% of the total value. The Seller will issue a final balance invoice five (7) days before dispatch of goods; Buyer will pay the final balance on or no later than 5 days after Sellers invoice. Buyer shall pay to Seller, upon demand, a late payment charge equal to the Sellers current standard late payment charge (Prime interest rate + 4%. annum plus expenses) or the highest charge allowed by law on any amount unpaid on the due date.
Taxes: Seller’s prices do not include any sales, use, excise or other taxes which Seller may be required to pay in connection with filling any of Buyers orders. Buyer shall pay the amount of any applicable present or future tax as an additional charge or, in lieu thereof, Buyer shall provide Seller with a tax exemption certificate as applicable and acceptable to taxing authorities. For those products sold EX-WORKS (EXW) on which value added tax has not been charged on the invoice, proof of export documents as required by the Seller must be provided to the Seller within such a time as Seller specifies. If such Proof of Export is not provided within this period, Seller will invoice Buyer an additional amount to cover Seller’s value added tax liability.
Warranty: Products sold by Seller are internationally warranted in effect on the date of delivery/After satisfactory commissioning (warranty periods mentioned above). Buyer agrees that if the products are purchased for resale, Buyer shall make available to its customer at the time of resale a copy of such warranty and agrees to impose a similar obligation on customers purchasing such products for resale. The goods or products must be used in the manner represented to Seller in writing prior to Seller issuing an acknowledgment of order. If no representation is made, Elevator sets will be deemed to be used in a standby mode and configuration. Such warranty is expressly in lieu of any other warranties, expressed or implied, including any warranty of suitability or fitness for a particular purpose. Remedies under such warranty are limited to the provision of material and services, as specified therein. Seller is not responsible for indirect or consequential losses and damages.
Claims and Liability: Sellers liability for any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connection with, or resulting from any order accepted by Seller, or from the manufacture, sale, delivery, resale, repair or use of any products covered by or finished under such an order shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim. In no event shall Seller be liable for special, indirect or consequential damages. Save that nothing in these conditions shall have the effect of excluding or limiting Sellers liability for death or personal injury resulting from Seller’s negligence. Any claims against Seller for shortages by it in making Delivery shall be made in writing to Seller writing fifteen (15) days after receipt of Delivery.
The fulfillment of any order accepted by Seller is subject to strikes, labour disputes lockouts, accidents, fires, delays in manufacture or in transportation or delivery of materials, floods, severe weather or other acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller, whether similar to, or different from, the cause above enumerated, whether affecting Seller or Sellers suppliers, and any such causes shall absolve Seller from any liability to Buyer.
Changes: Seller may at any time, without notice, make changes to the specification or design of products where such change is required to ensure that the products conform with any applicable safety or other statutory requirements or where such changes do not materially affect their quality or performance. Delivery of such modified products shall constitute proper performance of the contract by Seller.
Delivery: Delivery dates are approximate. Delivery of products under an order accepted by Seller shall be subject to the approval by Seller of Buyers financial condition at time of Delivery. Whether or not credit terms are specified elsewhere, Seller may, at its options, condition Deliver under any order accepted by Seller upon receipt of satisfactory security or of cash before Delivery. If at Buyers request, Delivery of products on an order accepted by Seller is delayed beyond the date products are ready for Delivery, Seller may require immediate payment in full and/or assess additional charges for storage and other expenses incident to such delay.
Delays to Delivery and Cancellations: In the absence of other written agreement between Buyer and Seller governing cancellation, an order accepted by Seller may be cancelled by Buyer only upon written notice to Seller and payment of Sellers cancellation charges. At Buyers request, Seller will furnish a statement of such charges prior to cancellation. Buyer shall not return or refuse Delivery of products without prior written approval and direction from seller, and Buyer shall pay for freight, storage, extra costs for handling and other expenses that may be incurred thereby, with 20% re-stocking and cancellation fee will be charged to the buyer. A customized product cannot be changed, modified or cancelled once the goods are on the production line.
Governing Law: These terms and conditions of sale shall be governed and construed under the laws of the Bangladesh. No remedy herein provided shall be deemed exclusive of any other remedy allowed by law or equality.
Right to Terminate: Seller shall be entitled to cancel forthwith on written notice to and without any liability to Seller any order for products presented to or accepted by Seller, if Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or goes into liquidation or receiver is appointed over any property or assists of the Buyer or the Buyer ceases or threatens to cease carrying on business or is unable in the Sellers reasonable opinion to meet its debts as they fall due.
COMPLETE SET WARRANTY PERIOD
ESS Elevator are warranted for 12 Month’s from date of Installation and Satisfactory Commissioning of the Elevator, All parts .
IMPORTANT INFORMATION – WARRANTIES
In event of a product failing please contact Engineering Solution and Supplier (ESS). ESS will issue a ‘Warranty Report Form’ to be completed. Once the fault has been established and cannot be solved at site, we will organize a collection of the product (*at the customers expense) or book in a site visit with one of our nearest service engineers.
Please always ensure you always have a copy of the original invoice, completed ‘Warranty Report Form’ and photographs of any defect parts, to accompany your product.
Please note if the fault is established to be non-warranty or the machine is found to be out of warranty charges will apply.
*On Site Repairs: 5000BDT (ex vat), charges start from ESS engineer.
*Off Site Repairs (at ESS5000BDT(ex vat), charges start from ESS engineer starting the repair and finishing the repair.
**Parts charged seperatly.
If the machine is returned to Constant Power Solutions ltd it is the customer’s responsibility to package the machine securely to a pallet, print any returns documentation and ensure the machine is drained of any fluids.
All repairs are carried out within a reasonable period of time during weekday business hours 9.00AM-17.00PM Monday to Friday.
If Constant Power Solutions establish that the machine can be repaired on site, we will send out any replacement parts under the terms of the warranty.
Please ensure photographic evidence of the faulty part has been sent to us or please ensure the faulty part is returned to us.
If we request a faulty part to be returned to us, once we receive the faulty part our engineers will test the part, if the part is found to be faulty due to a manufacturing defect we will refund the cost of postage.
- Any product which has not been operated or serviced strictly in accordance with the operation manual.
- Any product which has been damaged in transit.
- Any parts affected, damaged, or depreciated by misuse, abuse, improper maintenance, neglect, use of unsuitable attachments or none genuine parts, ordinary wear & tear, rust or corrosion, inadequate transportation, accident, or serviced by an unauthorized facility.
- Consumable parts, such as filters, belts, recoil &spring , packing, fuses, brushes, batteries, lubricant, protective zinc coat, thermostat, spark plug, AVR (As these can be damaged by stopping the generator at full load), and capacitor are also not covered under this guarantee.
- The defect is caused by any modification by or at the request of the purchaser.
- This Warranty does not oblige Constant Power Solutions Ltd or your supplier to bear transportation fees (including to and from the Service place designated by Constant Power Solutions Ltd).
- Damage caused by under or overloading the generators.
Damage caused by water ingestion, external water damage or caused by operation of the machine in a marine application.