Last updated on 23rd September 2019

Terms of Sale

The terms and conditions in this “Terms of Sale” document is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This ‘Terms of Sale” document does not require any physical, electronic or digital signature.

This "Terms of Sale" between KORGEN Tech Systems (hereinafter referred to as “Korgen”, “We”, “Us”, “Our” which term shall include, wherever the context permits, their administrators, executors, successors, liquidators and assigns) and the users of the Website (hereinafter referred to as “Buyer”, “You”, “Your” “Yourself”) apply to purchase of goods and services listed on https://www.korgentech.com ( hereinafter referred to as “Website”) by using the payment options made available on the Website.

PLEASE READ THIS “TERMS OF SALE” CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE OF PRODUCTS / SERVICES MADE BY YOU THROUGH THE WEBSITE SHALL SIGNIFY YOUR COMPLETE ACCEPTANCE OF THE “TERMS OF SALE” AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

IN ADDITION TO THE “TERMS OF SALE”, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE, PRIVACY POLICY AND OTHER POLICIES OF THE WEBSITE, TERMS OF SERVICE WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY ("ADDITIONAL TERMS") ON THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THE “TERMS OF SALE” AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE TO THE EXTENT OF SUCH CONFLICT.

IF YOU DO NOT AGREE WITH THE “TERMS OF SALE”, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.

1.0

Business

1.1

Korgen is an environmental engineering company that designs, manufactures, assembles, sells, installs (wherever warranted) and services a wide range of products and customized projects in water purification, water treatment, waste water (sewage) treatment, air purification, solar energy space and consumer goods in the health segment. In addition, Korgen also sells - as a dealer - products manufactured by reputed global and national brands in the environment technology and consumer segments.

1.2

Korgen owns and operates a website located at the URL https://www.korgentech.com (hereinafter referred to as the “Website”) which acts as an online-electronic marketplace for users, amongst other services, to submit enquiries, demo requests, purchase products / services sold by Korgen and make payments for the same. This Website is also used by Associates registered with Korgen to submit leads and take orders, from prospective buyers, for the products listed on the Website.

2.0

General Provisions

2.1

You represent that You are of legal age to form a binding contract with Korgen under the Indian Contract Act, 1872 and further, You are not a person barred from purchasing Products or receiving Services under the laws as applicable in India.

2.2

You should take all responsibility for your own actions in utilizing the Products and Services on the Website and Korgen, in relation to the Services availed or purchased by You, shall not be liable for any such action or consequence thereof

2.3

By listing the Products on the Website, Korgen makes an offer to sell the listed Products to the Buyer and once the Buyer agrees to buy a Product and initiates a transaction, the Buyer is deemed to have accepted the offer to sell made by Korgen and enters into an enforceable bipartite contract with Us. This “Terms of Sale” will be effective and legally binding on the Buyer upon Buyer agreeing to purchase the Products so listed by Us.

2.4

The offer to sell the Product made by Korgen is not an absolute and unconditional offer. Buyer’s receipt of an electronic or other form of order confirmation from the Website containing details of Your order is only an acknowledgement that We have received Your order and does not signify Our acceptance of Your order nor does it constitute confirmation of Our offer to sell. Korgen reserves the right to accept or decline the Buyer’s order, at any time, after receipt of the order and prior to delivery of the product without any liability or any obligation towards the Buyer. Buyer’s order shall be deemed accepted by Korgen only upon Our delivery of the products ordered by the Buyer.

2.5

All orders are accepted by Korgen with the understanding that the Buyer has gone through the information, technical data and other related details of the Ordered Products published on the Website and / or has interacted with Our Sales Team for obtaining additional details / demos / techno-commercial proposals before placing his Order.

2.6

In the event of the Buyer requesting our services such as demos, presentations, water analysis, report interpretation, our employees or associates may carry out the same and recommend products after evaluating the buyer’s requirements and site conditions, in good faith. However, the responsibility of independently verifying the correctness of such recommendations or the evaluation of requirements squarely rests with the Buyer. The Buyer may opt, at his discretion, to reevaluate the correctness of the requirements before placing the order.

2.7

Korgen does not endorse or accept responsibility for the third-party products listed on the Website. We make no representations or warranties whatsoever about, and shall not be liable for the performance of these products including representations relating to merchantability, fitness of those products for a particular purpose. These third-party products shall be subject to the respective brands’ terms and conditions with regard to usage, warranty, post-warranty service and maintenance and Korgen does not accept responsibility for the same.

2.8

You acknowledge that Korgen has the right to change or discontinue any or all of the offered ducts and Services at any time, without notice. You further acknowledge that Korgen may add or modify the procedures, modes, processes or conditions pertaining to the purchase of these Products and other Services at any time to adapt to the strategic, operational and other changes that Korgen may make to the Services. You agree that Korgen shall not be liable to You or to any third-party party for any modification, suspension or discontinuance of any Products or aspects of the Services.

2.9

This “Terms of Sale” along with our “Terms of Use” and other policies available on the Website shall constitute the entire and complete agreement between Korgen and the Buyer and are binding on both the parties. All other terms and conditions in any prior written communication, including but not limited to, such as Emails, Buyer’s Purchase Order, Buyer’s Letter of Intent, MoUs, which are different from or in addition to the terms and conditions mentioned in our above referred policies available on the Website are hereby expressly rejected and shall not be binding on Korgen unless the same is approved by Korgen by way of a written document in Our Official Letter Head signed by Our CEO.

2.10

This “Terms of Sale” may be revised from time to time and therefore Buyers are requested to read the “Terms of Sale” carefully before purchasing any Products listed on the Website. Your continued use of the Website following such changes and modifications to these “Terms of Sale” shall constitute Your acceptance of such changes or modifications.

3.0

Products, Services and Prices

3.1

Korgen, through the Website sells a variety of Products and provides allied Services to the Buyers in the consumer (B2C) and business (B2B) segments at prices (MRP) fixed by the respective brands, special prices as per Our promotional or exchange schemes prevalent at the time of purchase and also customized prices for Products designed based on specific buyer requirements.

3.2

Korgen, where available, shall list the Maximum Retail Price (“MRP”) of the products, on the Website. All the listed prices are in Indian Rupees (INR) and shall be inclusive of GST and other taxes applicable under law, unless otherwise stated. Prices and availability are subject to change without notice or any consequential liability to You.

3.3

Prices of the projects and certain products / services that require customization, of varying degrees, based on specific buyer requirements cannot be standardized and therefore may not be listed on the Website. The same shall be provided by Us on receipt of enquiries from prospective buyers and such prices shall be exclusive of applicable taxes, freight, transit insurance and other related charges.

3.4

The final offer price of the products / services shall be decided by Korgen, at Our sole discretion, depending on, amongst other things, the order value, Buyer history and Our promotional campaigns at the time when the orders are placed. On receipt of the final price from Korgen, Buyer can enter the same in the Purchase Cart available on the Website and proceed to pay and complete the order placement.

3.5

Appropriate accessories, civil works and other material required to install the ordered products - unless otherwise stated – are not included in the price of the Product. The cost of such extra material, works and accessories will have to be borne by the Buyer, at actuals.

3.6

Prices of all products and services are subject to change without prior notice at the sole discretion of Korgen. All terms for purchase of products and services on the Website, including but not limited to, price, delivery schedule / mode and costs, payment methods, payment terms, dates, warranty, after-sales services shall be governed by the “Additional Terms” as mentioned in the respective product pages in addition to this “Terms of Sale”.

3.7

The sale of the third-party Products on the Website is governed by the descriptions, specifications of the Products and terms of warranties provided by the respective manufacturers/ brands in addition to this “Terms of Sale” and Korgen shall not be liable to fulfill any warranty being provided by the respective manufacturers / brands. However, for products that are covered under Korgen warranty, the same shall be specifically mentioned in the respective product pages.

3.8

Korgen does not make any Representation or Warranty as to the attributes of the products or services ( such as quality, value, salability etc) of third-parties listed on the Website. Korgen accepts no liability for any errors or omissions on behalf of the third-party products.

3.9

While Korgen strives to provide accurate information and data relating to the products, services and prices, typographical and other errors may occur. In the event of a Product or Service being listed with typographical errors related to price or any other information, Korgen may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Korgen will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Korgen cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.

3.10

On receipt of Your order, our technical personnel or technical personnel from the concerned brand,as the case may be, will visit Your place - if the nature of the purchased products warrants such a visit – to assess the civil works, accessories and related material required to install / erect the ordered product.The visiting personnel will submit a detailed list of accessories and related material - commonly available in the open market - for the Buyer to procure and handover to the technical team for completing the installation / erection.

3.11

With regard to post-sales supports, Korgen’s role with respect to Products of third-party brands shall be confined to being a facilitating platform for the Buyers to get in touch or escalate with the respective brands for quick resolution of issues. For Korgen products, post-sales supports shall be entirely Our responsibility as per the policies explicitly mentioned in the respective product pages.

4.0

Payment Mode and Terms

4.1

Korgen accepts payments through multiple online options made available on the Website, using third-party payment gateways, such as Credit Cards, Debit Cards, Net Banking, Wallets and EMI schemes provided by various banks and financial institutions.

4.2

These third-party payment gateways are secured, and enabled by reputed service providers, that make your online payments most convenient and absolutely safe.

4.3

However, You are also at liberty to make payments to us in offline mode such as A/c Payee Cheques or Demand Drafts drawn in favour of M/s.KORGEN Tech Systems, payable locally to Our branch in Your location or effect a direct NEFT transfer to Our Current Account.

4.4

Korgen does not accept Cash on Delivery (CoD) payments and shall not be responsible for any payments made by the Buyer in cash unless You receive a specific approval from Korgen, by mail, for the same.

4.5

For Standard Products, the full payment shall be made in advance - online or offline - at the time of Buyer placing the order. For certain Products / customized Projects, Korgen may, at its sole discretion, accept payments in part, extend credit and allow stage payments as per Our pre-agreed terms with the Buyer. In case of any delay on the part of the Buyer in terms of site readiness beyond six (6) days from the agreed schedules, the Buyer shall release the respective stage payments to Korgen immediately.

4.6

Interest @ 24% per annum shall be charged on the total outstanding amount for the intervening period commencing after expiry of the agreed payment schedule and actual date of payment

4.7

In the event of payment cheques being dishonoured, Rs.500/- (Rupees Five hundred only) per cheque shall be charged as ‘Cheque Bounce Charges’ and the payment shall be paid by You along with the said charges by way of Demand Draft or NEFT transfer in favour of M/s.Korgen Tech Systems. Korgen also reserves the right to initiate legal proceedings against the Buyer under appropriate laws for default of payment in addition to the repossession of delivered products.

5.0

Credit Card Details

5.1

You might be required to provide Your credit or debit card details to the approved payment gateways made available on the Website while making the payment. In this regard, You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for purchasing Products or availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Korgen expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

6.0

Delivery Process and Associated Terms

6.1

Korgen shall, subject to availability, arrange to deliver standard products directly or through our authorized logistics service providers within a maximum of six (6) working days from the date of payment (subject to realization in case of offline-cheque payments). Delivery schedule for customized products / projects shall differ from project to project and is finalized on a case-to-case basis in concurrence with the Buyer. Within this time frame, We may, at our discretion, also deliver the ordered products in more than one lots (part-deliveries).

6.2

The above timeframe is only an estimate, offered in good faith, and is not guaranteed by Us and should not be relied upon as such. Further, if delay is caused due to natural calamities, transport strike, lockout, war, accident, labour difficulties, riots or any other circumstances arising beyond the control of Korgen, the Buyer shall not be entitled to claim any special, consequential, incidental or liquidated damages, losses or expenses whatsoever and Korgen under no circumstances is liable to pay any damages to the Buyer for any such reasons. Any delay in the delivery of the product shall be communicated to the Buyer through his Registered Email id / Mobile Number.

6.3

At the time of delivery of the ordered product/s, the Buyer is required to show any of his original valid photo ID issued by the Government to Our delivery personnel to confirm his identity. Eg., PAN Card, Driving Licence, Voter ID and Aadhar Card. The same shall be scanned and kept for records by Korgen for future reference.

6.4

Upon delivery of the Products at Your address, you shall either accept delivery or make appropriate arrangements for the acceptance of delivery. In the event of Korgen or Our authorized logistics service providers not being able to deliver the ordered product/s on account of your absence or wrong address furnished by You or any other reasons attributable to You, You shall be liable to pay such additional costs incurred by Korgen on the non-acceptance of the Products and / or redelivery of the ordered product/s.

6.5

Delivery of all standard products, including that of the third-party brands, shall be done free of cost unless otherwise stated in the respective product pages. However, for the delivery of customized products / projects, delivery costs shall be charged at actuals.

6.6

Generally, the Products are delivered from Our local warehouse. In the absence of a local warehouse or stock not being available at the local warehouse, We may choose to ship the ordered products from warehouses located outside Your city or state.

6.7

If We run out of stock of the ordered product/s, Korgen shall have the right to substitute the ordered product with a similar product producing the same performance. However, the Buyer shall also have the right to refuse the substitute. In such occasions, the Buyer shall wait and give Us adequate time to deliver the ordered product without any claims for compensation.

6.8

Before You book an enquiry or demo or proceed to pay for Your purchase, Korgen shall verify your address and pin code for serviceability using the database available on the Website / Our Servers. If Your location is not serviceable by Us or Korgen is not operational in Your location, we will request You to provide us with an alternate address in a location where Korgen is operational. You can make purchases on the Website from anywhere in the world but the delivery address must be within India, in an area serviceable by us.

6.9

In the event of You making payment on our Website for a delivery location not serviced by Us or a location We have stopped servicing, Korgen shall not proceed with the fulfillment of the Order. We shall refund the payment You made on the Website within six (6) days from the date of receipt of payment after deducting the applicable bank charges and taxes. Korgen shall not be responsible nor assume any liability for the non-fulfillment of the order.

6.10

The risk of any loss, damage or destruction to the Products during the course of the Delivery or during transit shall be that of Korgen. Once the delivery is successfully completed and acknowledged by the Buyer or his authorized representative, the safety of the products delivered shall exclusively vest with the Buyer.

6.11

Claims regarding shortage and/or damage or any other related errors in delivery must be reported by the Buyer immediately on receipt of the products. The same should be documented (clearly in writing) by You on the acknowledgement copy of Korgen’s delivery challan ( Seal is required for commercial firms / companies). In case the product packaging is found tampered, We recommend that the same is not opened and should be returned immediately at the time of delivery by our personnel

6.12

Buyer shall have three (3 ) days from the date of delivery of the products to inspect the product for defects, non-conformance which are not due to damage, shortage or errors in delivery and notify Us in writing (email / post), about the same. After this timeframe, the Buyer shall be deemed to have irrevocably accepted the delivered products. After such acceptance, the Buyer shall have no right to reject the products or to revoke acceptance for any reason whatsoever. You hereby agree that the three (3) day period is a reasonable amount of time for such inspection and revocation.

7.0

Retention of Product Ownership

7.1

For certain products and customized projects, Korgen may, at its sole discretion, accept payments in part, extend credit and allow stage payments on a pre-agreed basis, in tune with the market practices. In such cases, the said products shall remain the property of Korgen until the full purchase value is paid by the Buyer. We shall have the right to repossess the product / equipment in the event of the Buyer not paying the full or balance amount within six (6) days from the date of default of the agreed payment terms. Beyond this period, Our duly authorized representatives shall be entitled to enter the Buyer’s premises and to do such things, acts, deeds, as may be necessary and proper to repossess the goods without any further notice.

7.2

All costs incurred by Us in case of repossession of products shall be to the account of the Buyer. In the event of any damage to the repossessed product, the expenses incurred on rectifying the damage to the product or the cost of replacement of the product, as warranted, shall also have to be borne by the Buyer.

8.0

Installation / Erection and Documents

8.1

Installation/erection and commissioning of the product, where applicable, is directly related to Buyers fulfilling their obligations in respect of the agreed terms of payment and completion of work specified under their scope.

8.2

E-copies of all product-related documents such as Invoice, Warranty Card, User Manual etc shall be sent to the registered mail id of the Buyer at the time of delivery of the Ordered product/s. Physical copies of these documents shall be given only against specific requests from Buyers.

9.0

Warranty and Post-Warranty

9.1

All products manufactured and sold by Korgen are warranted against defects arising from faulty design, workmanship and materials - subject to proper operation of the product as prescribed by Korgen in Our Warranty Card / User Manual - for a period of twelve (12) months commencing from the date of installation / erection of the products/s or fifteen (15) months after delivery of the product/s, whichever is earlier.

9.2

After the warranty period, the Buyer has the option of entering into an Annual Service Contract (ASC) or Annual Comprehensive Maintenance Contract (ACMC) with Us at rates prevalent at that time. Acceptance or rejection of such contracts will be at Our sole discretion. The Buyer may also opt for on-call service as and when required on chargeable basis without entering into an annual contract with Korgen.

9.3

With respect to third-party products sold by Korgen, the same shall be covered by the warranty terms offered by the respective brands. After expiry of the warranty period, the buyer shall have the option of directly availing the maintenance services of such brands as per their terms and conditions and Korgen, while facilitating resolution of issues that may arise between the Buyers and the respective brands, shall have no liability in this regard.

9.4

Free gifts given with any of the Product purchased from Korgen will not be exchanged and are not covered under any kind of warranty

10.0

Complaint Registration

10.1

Unless otherwise stated explicitly, after-sales service for the third-party products sold by Korgen shall be rendered by the respective brands and all product / performance related queries and complaints will have to be taken up directly with the respective brands as per the details mentioned in their Product User Manuals and / or other related documents.

10.2

For Korgen products, service requests / complaints will have to be registered through our Customer Care Helpline Number, available on the Website, during office hours. You can also register your service requests / complaints – round the clock - using the ‘Web Form’ available on Our Website. Properly registered complaints shall be attended to within 24 hours (Holidays excluded) from the time of receipt of complaints, subject to force majeure.

11.0

Cancellation of Orders

11.1

Cancellation by Korgen

    i.
  • Korgen may not be able to accept certain orders and may cancel such orders. Korgen reserves the right, at Our sole discretion, to refuse or cancel any order placed for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Our credit and fraud avoidance department or any other reasons beyond Our control. Korgen may also require additional verifications or information before accepting any order. Korgen will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your payment is received, the said amount shall be refunded, reversed or remitted back to Your account depending upon the mode of payment used by You to make the purchase and You shall be duly notified by Us through email / SMS.

11.2

Cancellation by the Buyer

    i.
  • For Standard Products, if the Buyer sends an order cancellation request,
  • ii.
  • Prior to Order Processing: Korgen shall accept it and refund the payment made by the Buyer after deduction of applicable bank charges and taxes, if any, incurred by Us.
  • iii.
  • Prior to Delivery: Once the order has been processed and the product is kept ready for delivery, We may,at Our sole discretion, accept the request against a cancellation charge of Rs.1,500/- (Rupees One thousand Five hundred only) plus the applicable bank charges and taxes and refund the balance amount to the Buyer within a reasonable period of time.
  • iv.
  • Please note that Korgen has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Korgen and accept Korgen's decision regarding the cancellation.
  • v.
  • At the time of Delivery: Cancellation requests at the time delivery may also be accepted by us, at Our sole discretion. Apart from the cancellation charge of Rs.1,500/- (Rupees One thousand and Five hundred only) and applicable bank charges, freight charges incurred by Us shall also be deducted, at actuals, from the amount to be repaid.
  • vi.
  • Cancellation after Delivery: Order cancellation is not permitted and products cannot be returned once the product is delivered.
  • vii.
  • Buyer can forward his cancellation request either by submitting the appropriate Online Form available on the Website or by calling our Customer Care Helpline.

11.3

For Customized Products / Projects

    i.
  • Order Cancellation by the Buyer is not allowed. In such cases, the entire advance amount paid by You shall stand forfeited. If the actual expenses incurred by Korgen are more than the advance amount paid by the Buyer, the difference amount shall also be paid to Korgen by the Buyer forthwith.

12.0

Returns, Replacement and Refund Policy

12.1

Return of Product with Cause

    i.
  • If the product delivered is not the one You ordered for or if there is a change in colour, model, quantity and /or size, Buyer can return the product/s within one (1) day from the date of delivery of such product/s.
  • ii.
  • In case of the delivered product/s having manufacturing defects or non-conformance, You shall be permitted to return the product within three (3) days from the date of delivery by submitting the appropriate Online Form on the Website or by calling our Customer Care Helpline.
  • iii.
  • If the performance of the product is not satisfactory, the same should be communicated to Korgen within ten (10) days from the date of installation / erection by submitting the Online Form on the Website or by calling Our Customer Care Helpline. If the communication has been made through phone, a complaint number should be obtained from Our customer care department. Product returns and Requests for replacement of the product shall not be entertained beyond this period.
  • iv.
  • In such cases, the sole and exclusive remedy will be servicing or replacement of the product subject to the respective manufacturer's / brand’s inspection and warranty terms. Korgen or the respective brands shall have the sole right to determine whether the product is defective or not.
  • v.
  • The return of the product shall not be accepted by Us if the product ID / serial number is tampered with and / or if any of the accessories, original packaging material (carton) of the product, freebies offered are not available. On receipt of the product in full, Korgen shall initiate the replacement process. In case any of the accessories / product are missing, cost of the same shall be borne by the Buyer.
  • vi.
  • Korgen may also refuse replacements if the delivered product is completely broken or bears scratches, found unusable or the replacement request comes beyond the timeframe stipulated herein.

12.2

Return of Product without Cause

    i.
  • Return of product without a valid cause shall be expressly rejected without any obligations and consequential liability to Us.
  • ii.
  • Any User who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent permitted by law and the User shall be solely liable for all costs incurred by Korgen, in this regard.

12.3

Refunds

    i.
  • We shall refund the price of the product paid by You in the unlikely event of Korgen
  • ii.
  • Not being able to either repair or replace the damaged and / or defective product/s.
  • iii.
  • Runs out of stock of the ordered products
  • iv.
  • Provides inaccurate or wrong pricing information
  • v.
  • Facing special situations or reasons beyond Our control

In the event of Korgen approving the Refund, at Our sole discretion, We shall refund the value of such product, as originally paid by You less the applicable bank charges and taxes within fifteen (15) working days from the date of receipt of the returned goods. Refund will be processed based on Your mode of payment and Korgen or the approved payment gateway will credit Your refunds directly into Your debit/credit card or bank accounts or issue a cheque, depending on the then current circumstances, as determined by Korgen, subject to force majeure.

Please note that no refunds are made by cash even if the Buyer has paid cash for the purchase of the product. In such cases where You have paid by cash, Korgen shall refund the payment by way of online (NEFT) transfer to Your Account. You shall provide Us with the necessary bank details ( ie., Your Bank Account Number, Bank Name, Location of the Bank and the IFSC Code) for Us to initiate the transfer.

13.0

Disclaimer

13.1

KORGEN DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. KORGEN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO THE THIRD- PARTY’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND KORGEN DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. KORGEN ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THESE PRODUCTS BY YOU.

13.2

KORGEN SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THIRD-PARTY BRANDS AND KORGEN SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE ORDER CONFIRMATION MAIL.

14.0

Indemnification and Limitation of Liability

14.1

The Buyer shall, at his own expense, apply for and obtain any statutory permits and inspections required for the erection and utilization of the ordered products. Korgen makes no promise or representation towards obtaining such necessary approvals from the respective Government / Regulatory authorities. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination or expiry of this agreement. Buyer shall defend, indemnify and hold harmless Korgen and its owners, employees, associates, suppliers against any loss, damage, claim, suit, liability, judgement or expenses arising out of or in connection with such approvals.

14.2

You agree to indemnify, defend and hold harmless Korgen from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Korgen that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the “Terms of Sale” or any “Additional Terms” applicable to the purchase of Products on the Website.

14.3

In no event shall Korgen, its owners, directors, employees, associates, suppliers, consultants or partners be liable to You or any third-party, for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Korgen has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Korgen's entire liability to You under this “Terms of Sale” or otherwise shall be limited to the refund of the money paid by You for any specific Product or Service, under which the unlikely liability arises.

15.0

Other Controlling Provisions

15.1

Severability: If for any reason, any provision/s of this ‘Terms of Sale’ or portion thereof is adjudicated to be illegal, invalid, prohibited or unenforceable under any present or future laws, such provision(s) shall be severable and replaced by a valid and enforceable provision to the maximum extent permitted by the applicable laws, which most closely matches the intent and objectives of the original provision. The invalidity or unenforceability of any provision of this ‘Terms of Use’ and their severance or replacement shall not affect or impair the validity or enforceability of the remaining provisions of this ‘Terms of Use’ which shall remain in full force and effect.

15.2

Non-Waiver: Failure or delay by Us to exercise or enforce a right or power under this “Terms of Use” for the strict performance of the same shall not be deemed as a waiver of Our rights or remedies hereunder, whether for the past or future actions of any User. Only a specific, written waiver signed by the Authorized Representative of Korgen shall have any legal effect whatsoever. Any specific waiver by Us of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. Any single or partial exercise of a right or power by Us shall also not preclude any future enforcement of performance of the other terms and conditions.

16.0

Governing Law

16.1

The “Terms of Sale” and the relationship between You and Korgen shall be governed in accordance with the laws of India without reference to conflict of laws principles

16.2

You agree that all claims, differences, disputes or ambiguity in interpretation arising out of or in connection with or in relation to the “Terms of Sale” or any transactions entered into on or through the Website or the relationship between You and Korgen shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and accept the jurisdiction of such courts.

ALL LINKED TERMS AND CONDITIONS HEREIN AND OTHER POLICIES AVAILABLE ON THE WEBSITE ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.

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