ARISE11 – Terms and Conditions of Sale and Purchase
1. General
These Terms and Conditions (“Agreement”) govern all sales, purchases, services, and transactions conducted by ARISE11 (hereinafter referred to as “Seller”) with any party (hereinafter referred to as “Buyer”). By placing an order with ARISE11, the Buyer unconditionally accepts these terms, waiving any of their own standard terms or conditions, regardless of their form or timing.
2. Pricing and Orders
All quotations are valid for 15 days unless otherwise stated. Prices are subject to change without prior notice. ARISE11 reserves the right to reject or cancel any order, even after acknowledgment, for any reason, including but not limited to unavailability or mispricing.
3. Payments
- All invoices are payable in full within 21 working days from the invoice date, unless stated otherwise.
- In case of delayed payment, a 10% fixed late fee on the due amount will be levied without the need for prior notification.
- If payment remains due beyond 60 days, ARISE11 reserves the right to initiate legal recovery proceedings, and all recovery/legal expenses shall be borne by the Buyer.
4. Online Payment Conditions
- Online transactions must be completed via ARISE11’s secure payment gateways.
- ARISE11 is not liable for delays or failures caused by third-party payment processors.
- Once a payment is processed online, it shall be considered final and non-refundable unless governed by Clause 10 below.
5. Delivery and Transfer of Risk
- Delivery timelines are estimates and not binding. ARISE11 is not liable for delays beyond its control.
- Risk of loss or damage passes to the Buyer upon dispatch of goods.
6. Taxes and Withholding
- The Buyer is responsible for any withholding tax, import duties, or levies as per their jurisdiction.
- No deductions may be made from the invoiced amount. ARISE11 must receive the full invoice amount.
7. Limitation of Liability
- ARISE11 shall not be liable for indirect, incidental, or consequential damages, loss of profits, or business interruptions.
- ARISE11’s total liability, if any, shall not exceed the total amount paid by the Buyer for the affected order.
8. Warranty and Disclaimer
- Goods and services are provided “as is” without any express or implied warranties.
- No warranty is given on suitability or fitness for any specific purpose unless confirmed in writing.
9. Claims and Complaints
- Any complaints must be submitted in writing via registered mail to ARISE11’s registered office within 8 days of receipt of goods or service delivery.
- Failure to notify within this period shall constitute full and final acceptance.
10. Returns and Refunds
- Returns are accepted only if goods are found to be defective or incorrect, and if reported within 7 days of receipt.
- No refund shall be made for customized or perishable goods.
- Approved refunds, if any, will be processed within 15 business days after confirmation.
11. Intellectual Property
- All brand elements, logos, content, and packaging used under ARISE11 are proprietary.
- Any reproduction or misuse without prior written consent will be prosecuted under Indian IPR laws.
12. Force Majeure
ARISE11 shall not be held liable for any failure or delay in performance due to force majeure events including but not limited to natural disasters, wars, strikes, pandemics, or supply chain disruptions beyond its control.
13. Governing Law and Jurisdiction
- This Agreement is governed exclusively by the laws of India.
- Any dispute shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat.
14. Modification and Waiver
No changes to these Terms shall be valid unless explicitly agreed to in writing by ARISE11. Failure to enforce any term shall not constitute a waiver of ARISE11’s rights.
STANDARD TERMS AND CONDITIONS OF SALE
You should update this document to reflect your T&C.
Below text serves as a suggestion and doesn’t engage Odoo S.A. responsibility.
- The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
- Our invoices are payable within 21 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, My Company reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. My Company will be authorized to suspend any provision of services without prior warning in the event of late payment.
- If a payment is still outstanding more than sixty (60) days after the due payment date, My Company reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
- Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can My Company become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to My Company in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
- My Company undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. My Company cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
- In order for it to be admissible, My Company must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
- All our contractual relations will be governed exclusively by India law.