1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Madan Plast (India),Kandivali East,Mumbai 400101. (we and us)
to the customer (you). Our GST number is 27AAMPM6687R1ZF.
1.2 All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other
means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as
applicable): (i) by delivery of the goods to you; or (ii) by providing the goods you have purchased to you at the trade counter,
at which point a legally binding contract is constituted between you and us.
1.3 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is
being processed) does not constitute legal acceptance of your order.
2. Ordering
2.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after
clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up
until the point at which you place your order by clicking the "Place order and pay" button on the checkout page.
2.2 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2).
We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those
circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the goods you order or purchase is as set out in store and on our website at the time you submit your
order or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current
catalogue, plus any charges for delivery as advised to you. All prices include the current applicable GST rate unless otherwise
stated.
3.2 Catalogue prices are correct at time of going to press, and we reserve the right to update prices in future catalogues which
will then supersede the prices in any previous catalogue. We also reserve the right to change the price of commodity goods,
such as copper, at any time due to market conditions but we will confirm the prevailing price with you before accepting your
order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order
quantity.
3.3 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be
charged the full price.
3.4 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged
to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to
correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or
use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or
correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct
description, we will cancel your order and refund the price you have paid.
3.5 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for
delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.6 For website orders, payment can be made by most major credit or debit cards or Wallets, by completing the relevant details
on the checkout page.
3.7 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are
authorised to use it. By using Wallets you confirm that the Wallet account being used is yours.
3.8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All Wallet payments are
subject to authorisation by Wallet issuer. If the issuer of the card or Wallet refuses to authorise payment we will not accept
your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the
item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card
as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if Wallet issuer
charges you for making the order.
3.9 We recommend that you do not communicate your payment card details or Wallet details and password to anyone, including
us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us
by internet link or by email. Any such loss shall be entirely your responsibility.
3.10 If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on
cards issued to you and we are not bound by any individual order limit you may impose on your employees.
3.11 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right
of set off or counterclaim, which you may have, or allege to have.
3.12 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us
to you.
3.13 The format of our invoice and statements to you will solely be dictated by us.
4. Delivery & Title
4.1 Unless you choose to collect the goods from one of our trade counters (including via our Click & Collect or Call & Collect
service) and except in exceptional circumstances (as contemplated in clause 12), we aim to deliver the goods in accordance
with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after
the day you place your order, unless otherwise agreed between you and us, subject always to clause 6 and 12. We reserve the
right to deliver an order in instalments by separate delivery shipments. Further information about delivery of our goods can
be found at www.marshalgrip.com/help/delivery.
4.2 Before placing your order, please refer to the delivery options set out on our website and in our catalogues to ensure that
we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have
not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do
not schedule or commence any installation work until after you have received your order and checked all the goods are
suitable for your purposes and do not have any defects or missing parts.
4.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground
floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item
needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal
services upon delivery unless otherwise agreed by us in writing.
4.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or
delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30
days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery
shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price
that you have paid for the goods.
4.5 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your
risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you
until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid
those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the
goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction
of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately
from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant
us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing
the goods.
5. Availability
5.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
6. Manufacturer's Warranties & Guarantees
6.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product
description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or
similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in
connection with any such warranty, guarantee or assurance.
6.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
6.3 Some products may feature an extended manufacturer’s warranty. These need to be registered within 28 days of purchase –
see the product documentation for more information.
8. Liability
8.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or
profession), to the extent not prohibited by law, we accept no liability for any:
8.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated
by you and us at the time you and we entered into our contract);
8.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and
8.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar
losses, as well as business interruption).
8.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence),
breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at
our discretion.
8.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including
negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business
opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be
liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions
or our legal duties.
8.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only
agreement between us
8.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to
exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our
negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
8.6 Goods are intended for use in the INDIA only and we cannot confirm that the goods comply with any laws, regulations or
other standards applicable outside the INDIA. All goods are sold in accordance with the manufacturer’s specifications and are
subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
8.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are
undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you
are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any
claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
9. Termination
9.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
10. Events Beyond Our Control
10.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
10. General
10.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is
found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and
Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and
interpreted in accordance with INDIAN law.
10.2 All "Was" prices shown have been charged at the previous higher price for the entirety of the previous catalogue , and those
products were available to buy at that higher price from any of our stores and on www.marshalgrip.com and via our Contact
Centre. Please contact us (details below) if you would like further details.
10.3 All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in
product description.
11. Privacy Policy
11.1 When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety (available at www.marshalgrip.com/privacy or ask in store or phone 09320402141 .GST: All prices include GST at 18% (except where indicated) subject to change in taxation.
