(a) The entire Contract between us is governed by the terms and conditions listed out herein. You are requested to read these, and accord your consent to comply with the same by signing on every page. These terms and conditions supersede all previous written/oral agreements between us, and no warranty/promise/representation, which is not listed out herein will form a part of the Contract between us.
(b) You agree and undertake that you are signing the attached order only on gaining a complete understanding of the terms and conditions listed out herein, and the features, specifications and applications of the Products.
(c) You agree and undertake that the price proposal is acceptable to you.
(d) You agree and acknowledge that Product design and specification are subject to changes on account of the ongoing nature of the process of Product development. We confirm that the functioning will not be altered in normal course.
(e) You further agree and acknowledge that Fortunne is entitled to carry out minor technical changes to the Product specifications on providing an advance notice to you.
(f) You further agree and acknowledge this Contract is subject to a survey and credit check, which will be carried out by Fortunne.
(g) You further agree and acknowledge that the Price of the Products shall hold good for a period of six months with effect from the date of the Contract.
(h) You further agree and acknowledge that glasses used in the process are standard items purchased from glass processors/manufacturers. Fortunne assumes no liability to replace defective glass, if any.
(i) You further agree and acknowledge that you are bound to use the Products in accordance with our instructions failing which we shall assume no liability for any damage caused.
II. AMENDMENTS TO CONTRACT:
Any amendment to this Contract shall be made only in writing. No oral discussions/representations/warranties between us effect amendments to the same.
III. CANCELLATION OF CONTRACT:
(a) You agree and acknowledge that you are signing this Contract as you intend to purchase the Products displayed, and you are willing to comply with the terms and conditions.
(b) We are entitled to cancel this Contract on account of any of the following:
(i) We are unable to reach an agreement with you on any of the suggested changes/pricing changes subsequent to the survey; and/or
(ii) Your breach of any of these terms and conditions or statutory requirements
(c) In the event of cancellation of the Contract by us as aforementioned, we shall notify you of the same, and refund your deposit.
(d) You agree and acknowledge that cancellation charges will be applicable as the Products developed under this Contract are totally customized for you, and only in accordance with your needs and requirements. The cancellation charges will be levied as listed out here below:
(i) In the event the Contract is cancelled prior to the survey, and the value of the cancelled order is more than 50% of the original order value, then the minimum applicable cancellation charges will be 10% of the cancelled order value or Rs. 10,000/- (Rupees Ten Thousand Only), whichever is higher.
(ii) In the event the Contract is cancelled prior to survey, and the value of the cancelled order is less than 50% of the original order value, then the minimum applicable cancellation charges will be 5% of the cancelled order value or Rs. 10,000/- (Rupees Ten Thousand Only), whichever is higher.
(iii) In the event the order is cancelled on completion of survey but prior to Production, then cancellation charges of 50% of the value of the cancelled order shall be charged.
(e) A cancellation of the order/Contract is not acceptable subsequent to the Production of the Product as per your needs, and the sale consideration amount shall be recoverable. Besides this, damages/charges as incurred by us will be borne by you as determined by us. We reserve the right to adjust the Advance paid by you against these charges.
IV.SURVEY:
(a) Fortunne may carry out a survey to make sure that the Product as per your requirements can properly be installed at your site/premises. In the event issues arise during the survey, we shall give you a due intimation of the same.
(b) You agree that you are contractually bound by all the information agreed in writing to on this survey.
(c) You agree that the process for the final Production of the Product will be initiated only subsequent to the completion of the survey.
(d) You agree that internal doors are manufactured in standard sizes. You are required to maintain the Aperture Sizes stated on the enclosed quotation at the site.
(e) Fortunne allows a tolerant limit of aperture size upto +-15MM in width and +-10MM in Height. In the event the aperture sizes go beyond this limit, then civil work for aperture correction will be carried out by you at your cost.
(f) In the event we cannot reach an agreement on the aperture correction, your order will be cancelled.
V. DELIVERY SCHEDULE:
(a) You will be provided with estimated delivery dates. However, the actual dates of delivery may change in view of various factors.
(b) You will be given a due intimation when the Products are ready.
(c) In the event you place an order for a special glass, the delivery times will be as provided by the glass manufacturer.
(d) You agree and acknowledge that we shall not be liable for any delay in delivery of the Products caused by Force Majeiure reasons.
VI.DELIVERY:
(a) The freight charges may vary depending upon the size of the order. Additional freight charges shall be applicable in the event you request for multiple deliveries subsequent to placing the order.
(b) Deliveries will be made only in permissible hours as these are made in trucks, and the movement of the same is restricted within the city.
(c) Fortunne shares no liability for the safety and security of the material once the Products are delivered.
(d) In the event of any damage or loss to the Products subsequent to delivery, replacement will be provided but at your costs.
VII. PAYMENT:
(a) The entire payment has to be made along with the order/survey, and prior to delivery of Products at your site as per the payment terms. In the event of a delay in receipt of payment, Fortunne will not be bound by the time schedule, and the estimated timelines may vary.
(b) All Taxes and Duties including GST will be charged at actuals as applicable at the time of billing.
VIII. WARRANTIES
(a) The Product Warranty provided by us is for a period of ten years for uPVC/Aluminium Profile, and one year for associate hardware from the month of dispatch in the event of visible manufacturing defect in uPVC/Aluminium profile or profile part or hardware used in manufacturing of windows/doors.
(b) The Product Warranty also covers a period of two years for Internal door Product and associate hardware from the month of dispatch.
(c) The Warranty extends only to the actual purchaser who should be able to present the warranty certificate together with proof of purchase at the time of the claim.
(d) We shall replace the defective Product only if it is returned to us within the warranty period.
(e) The Warranty extends solely to the Products installed by us/our Authorized Service Station.
(f) The Warranty covers defects due to all faulty parts and/or functions in spite of normal use.
(g) The Product Warranty provided by us shall not apply to following:
(i) Natural Breakage/Cracks of the glass;
(ii) Any defects in windows and doors, Internal Doors arising from wear and tear, willful or accidental damage, negligence, neglect ,misuse, breakages, scratches, structural or latent defects at your property or causes beyond our control;
(iii) Damage caused to the Products due to weather and environmental conditions;
(iv) In the event Product finishing is affected by Color, gloss and luster of the article;
(v) In the event the Product is exposed to any chemical substance, oil, lubricants, acid fumes or liquid steam;
(vi) In the event the Products are refitted or tempered with installation in any manner or any Product installed by unauthorized service person;
(vii) Products which cannot be accessed for routine service and damage to the operating mechanism caused by the presence of dirt and debris from inadequate maintenance;
(viii) In the event Grills(Fix) are mounted on sill, and windows/doors cannot be accessed for service;
(ix) Civil work, painting, POP, flooring and other work of similar nature is carried out after installation of Products leading to damage to Product & hardware or affecting performance of Product & hardware in the long-term;
(x) In case of damage to the “Shades and surface finish” due to usage of aggressive cleaner, and contrary to recommended use of cleaning details
OTHER TERMS:
(a) You are not entitled to claim Warranty if you have not paid the total sales price.
(b) You are not entitled to claim Warranty if you are unable to provide a copy of the invoice issued at the time of claim.
(c) Warranty becomes ineffective and unenforceable if the doors are not installed and handed over within 30 days of dispatch.
(d) You are not entitled to claim Warranty if you refrain from using the Products in accordance with our instructions.
(e) We reserve the right to amend the terms of this Warranty, and we are not bound to provide you an advance notice.
(f) These are the sole Warranty clauses applicable to the Contract between us.
(g) We shall not be liable for any delay caused in repairs in the event we are not in possession of the parts required for the same.
IX. ARBITRATION AND JURISDICTION FOR DISPUTES:
Any material breach or controversy or claim arising out of or relating to this Agreement, shall be settled by compulsory arbitration as modified and supplemented under this Article.
X.LAW AND JURISDICTION:
This Agreement and all the rights and duties of the Parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by and construed with solely in accordance with the laws of India in every particular manner, including formation and interpretation
XI.CHEQUE BOUNCING CHARGES:
In the event a cheque submitted by you bounces, you shall be liable to pay a cheque bouncing charge of INR 500/- (Indian Rupees Five Hundred Only) per instrument. We also reserve the right to initiate legal proceedings against you pursuant to the same.
XII.ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior contemporaneous agreements, understandings, negotiations or warranties or representations between the Parties in connection with the subject matter of this Agreement.