PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE PROVIDE SERVICE AS PER GEM NORMS AND HAVE NO ROLE OR WILL HAVE ANY ROLE TO INFLUENCE GEM AUTHORITY IN THIS REGARD.
This Terms of Service Agreement governs your use of this website, [Shubham Enterprises]. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Shubham Enterprises] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Shubham Enterprises will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Shubham Enterprises encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Shubham Enterprises for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Content; Intellectual Property; Third Party Links. Shubham Enterprises does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Shubham Enterprises does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you.Shubham Enterprises does not endorse the contents on any such third-party websites. Shubham Enterprises is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
1. Use of Website; Shubham Enterprises is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) All registration information you submit will be true, accurate, current and complete(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication (5)All registration information you submit will be true, accurate, current and complete (6) You will not access the site through automated and non-human means, whether through a bot, script, or otherwise.
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Shubham Enterprises or the applicable third party (if third party content is at issue).
YOUR USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. THE WEBSITE ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHUBHAM ENTERPRISES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHUBHAM ENTERPRISES MAKES NO WARRANTY:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SHUBHAM ENTERPRISES ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING VIA THE WEBSITE.
SHUBHAM ENTERPRISES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT (2) THE COST OF PROCURING SUBSTITUTE CONTENT; (3) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Shubham Enterprises believes strongly in protecting user privacy. Please refer to Shubham Enterprises privacy policy, incorporated by reference herein, that is posted on the Website.
By using this Website, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
1. “APPLICABLE LAWS” shall mean any statute, law, ordinance, notification, rule, regulation, judgment, order, decree, bye-law, approval, directive, guideline, policy or other governmental restriction as may be in effect.
2. “GOODS” shall mean an Article / product or an intangible product like software, technology transfer, licenses, patents or other intellectual properties being offered for sale on the GeM portal by OEM. The term ‘Goods’ shall also include works and services which are incidental or consequential to the supply of such goods, such as, transportation, insurance, installation, commissioning, training and guarantee / warrantee obligations as defined in the scope of supply given in the contract
3.“SERVICES” shall mean the services offered or provided by the Seller such as IT Professional Services, Manpower Services, Security Services, Transport Services, etc.. The term ‘Service’ shall also include supply of goods / articles which are incidental or consequential to the provisioning of such Services as defined in the scope of supply given in the contract.
4. “SERVICE LEVEL AGREEMENT (SLA)” shall mean the Contractual Commitment that prevails between the Buyer and the Service Provider with regard to type of service to be provided, deliverables, desired performance level, reliability and responsiveness, monitoring process and service level reporting, response and issue resolution time-frame, repercussions / penalties / remedies for service provider not meeting its commitment. The SLA of a particular contract may carry the matrix regarding the delivery of the goods and/or services and the corresponding penalties or remedies and liquidated damages as applicable.
5. “BUYER” is the Contract placing authority, which includes Central/State Government Ministries/Departments including its attached/subordinate offices, Central/State Public Sector Units (PSUs) and Autonomous Bodies acting through its authorized officer(s) for and on behalf of President of India/Governor of the State /PSU/Autonomous Bodies, as the case may be, for purchase of Goods/Services offered by Sellers on the site.
6.“SELLER / SERVICE PROVIDER” on the Website shall mean any legal entity such as firm(s) of Proprietorship / Partnership Firm / Limited Liability Partnership / Private Limited / Limited company / Society registered under Society’s Act / Statutory Bodies etc., The “Seller on GeM” will be either OEM (Original Equipment Manufacturer*) or Seller having authorization to sell products manufactured by the OEM in open market.
* OEM is the owner of the Brand / Trademark of the product being offered or in case of un-registered brand’s products / products with own brand, the actual manufacturer of the final product.
(which would include production of documentary evidences and demonstration of manufacturing facilities and / or capabilities as required). In case of Services related to Goods, Service Provider will be either OEM or Service Provider having authorization to Service products manufactured by that OEM in open market. In respect of other Services, Service Provider will be any legal entity offering its services. Seller / Service Provider hereby agrees to be bound by these General Terms and Conditions for Sale / Purchase of Goods and / or Services (GTC); Product / Service Specific Special Terms and Conditions (STC) and Service Level Agreements (SLAs) for various Services; and Additional (Bid Specific) Terms and Conditions (ATC) as applicable. For the purpose of this document and transactions, Seller as well as Service Provider will be referred to as “Seller”.
7. “CONTRACT” shall mean the purchase order created / issued by the Buyer for supply of Goods / Services in electronic form which includes scope of supply, delivery instructions and specifications etc. as ordered by Buyer against such Contract besides the subject GTC, STC/ATC as the case may be.
1. All the Tender bids will have to be submitted through the Deemed OEM
2. Technical Parameters of Products, Golden Parameters, Special Terms & Conditions, Documents and the terms and conditions mentioned in the SLA will and has to be fulfilled by the OEM (Seller).
3. Invoice of the tender will be generated through the Deemed OEM .
4. Goods and Material (as above mentioned) will be delivered to the buyer by OEM
5. Payment of the said Goods will be made to the OEM by the Deemed OEM - After receiving the material receipt from the buyer
6. Mode of payment will be 30 days after GRN (Goods received note) and PDC (Post dated check) will be discussed with the OEM (Seller).
7. Service charge to Deemed OEM will be as per the contract with the OEM.
8. Any and all legal Liability relating to the product shall and will be covered by the OEM/Seller.
9. Refusal of delivery of goods after the tender has been approved will bring prosecution upon the OEM/Seller and the Deemed OEM will not be liable under any circumstances for the delivery of the goods or any issues with the goods.
10. Vendor assessment fees, Security will be provided by the OEM.
11. Assignment - Neither Party shall assign its contractual liability to any other Party, without the prior written consent of the other Party.
12. Arbitration clause should be a separate clause. You may add the following :
“ In the event, the Parties are unable to resolve the dispute arising out of the interpretations of the terms & conditions of the contract between them, amicably through mutual consultations, the said dispute shall be settled through Arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act,1996. The seat of arbitration proceedings shall be New Delhi.
The Contract shall be governed by and interpreted according to the laws of India and shall be subject to the exclusive jurisdiction of the courts of Delhi.
13. The clause “ Cessation of Operation” is not clear. Seems to be one sided and may not be agreeable to the other Party.
14. T&C should incorporate “ acceptance of OEM, on back to back basis, of terms & conditions of the contract between deemed OEM with the Buyer.
Force Majeure. Shubham Enterprises will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Shubham Enterprises may at any time, in its sole discretion and without advance notice to you, cease operation of the Website. Entire Agreement. This Agreement comprises the entire agreement between you and Shubham Enterprises and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Shubham Enterprises to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [DELHI]. This Agreement will be governed by the laws of the State of [DELHI] without regard to its conflict of law principles to the contrary. Neither you nor Shubham Enterprises will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Delhi]. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Shubham Enterprises reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website. If your access to the Website is terminated, Shubham Enterprises reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Shubham Enterprises chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Shubham Enterprises makes no representation that the Website are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone.Shubham Enterprises may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.