Terms and Conditions

BINDING TERMS AND CONDITIONS OF SALE

The following terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Mangla Sports & Associates shall be applicable:

Acceptance and Cancellation of orders

All orders are subject to acceptance in writing by us or an agent duly authorized by us act in such manner. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance.

Orders accepted by us may be cancelled by Customer upon written consent of Mangla Sports & Associates provided such order is not “NC/NR” or “Non-Cancellable/Non-Returnable”, “Non-Standard Products” or governed by a Purchase Agreement Letter. Non-Standard Products are defined as Products that are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. Non-standard products are non-cancellable and non-refundable. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which we may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by us, and shall be paid by Customer to us.

Requests made by customers to reschedule orders are subject to acceptance by Mangla Sports & Associates in its sole discretion. Orders shall not be cancelled or rescheduled after the order has been submitted by Mangla Sports & Associates to the shipment carrier.

Mangla Sports and Associates reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice.

1 (a). Returns:

Customer must notify Mangla Sports & Associates within 24 hours from the time of delivery, any defective product. Returns are normally accepted when completed within 7 days of the ship date. If Mangla Sports & Associates agrees to accept a return, return freight charges shall be paid by the customer. Mangla Sports & Associates will not accept cash on delivery shipments.

1 (b). Counterfeit Product Prevention Clause

Only products originally shipped from Mangla Sports & Associates or, from a supplier duly authorised in writing by Mangla Sports & Associates may be returned to Mangla Sports & Associates. All others will be promptly quarantined and disposed of or returned to the customer.

Customer returning products to Mangla Sports & Associates shall duly certify that the products were purchased from directly Mangla Sports & Associates and, there has been no substitution in whole or in part of same product from another supplier, distributor or other such source of the product. The return should be in the original packaging (manufacturer or Mangla Sports & Associates), in unused condition (except defective).

Prices:

Orders are billed at the prices in effect at the time of shipment of such product from our office. Prices will be as specified by Mangla Sports & Associates and will be applicable for the period specified in the quotation provided by Mangla Sports & Associates.

If no period is specified, quoted prices will be applicable for thirty (30) days. If Customer does not purchase the quantity upon which quantity prices are based, Customer shall pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, and document fees or any other such fee of like nature.

Terms of payment:

All payments must be made in the currency billed on the original invoice. We accept Credit cards, Debit cards, Net Banking, NEFT/RTGS and Demand Drafts (Subject to clearance) Payments. Billing information must be verified on new customers prior to shipment of order.

For all the orders, Customer agrees to pay the entire net amount of each invoice from Mangla Sports & Associates pursuant to the terms of each such invoice, without offset or deduction. If Mangla Sports & Associates reasonably believes that the Customer’s ability to make payments may be impaired or if Customer fails to pay any invoice when due, Mangla Sports & Associates may suspend delivery of any order or any remaining balance thereof, until such payment is made, or cancel any order or any remaining balance thereof. Customer shall remain liable to pay for any Products already shipped and all Non-Standard Products ordered by Customer. Customer shall submit such financial information as Mangla Sports & Associates may reasonably require for determination of credit terms and/or continuation of credit terms.

Delivery and title:

All shipments by Mangla Sports & Associates are F.O.B. point of shipment from Mangla Sports & Associates’ facility and the amount of all transportation charges shall be paid by the customer to Mangla Sports & Associates in addition to the purchase price of the Products.

Subject to right of stoppage in transit exercised by Mangla Sports and Associates, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer.

Mangla Sports & Associates will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by Mangla Sports & Associates are only tentative and that Mangla Sports & Associates will not be liable for failure to deliver on such dates.

Selection of the carrier and delivery route will be made by Mangla Sports & Associates unless specifically designated by Customer.

Mangla Sports & Associates reserves the right to make deliveries in instalments. Delay in delivery of one instalment will not entitle Customer to cancel any other instalment(s). Delivery of any instalment of Products within 7 days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.

Warranty:

Mangla Sports and Associates agrees to transfer to the Customer whatever transferable warranties we receive from the manufacturers of products which have been sold to the Customer. We make no other warranty, express or implied, with respect to the Products.

IN PARTICULAR, Mangla Sports & Associates MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT.

Our liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such Products (without interest), or (2) Repair and/or replacement of such Products, at our election, with such remedies exclusive and in lieu of all others. Customer must notify us within 24 hours from date of delivery of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply.

Customer’s obligations and our remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, warranty shall not apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.

Non-cancellable/non-returnable products:

From time to time, Seller will notify Buyer of a product that is “NC/NR”, (Non-Cancellable/Non-Returnable) upon determining that an order requires such conditions of sale. Buyer understands that “NC/NR” products are obtained by Mangla Sports & Associates from the manufacturer specifically for the buyer. Irrespective of circumstances, the buyer agrees that “NC/NR” products may not be cancelled, returned or rescheduled by the buyer without the agreement of both our supplier and the written consent of Mangla Sports & Associates. All products purchased by Customers classified by Mangla Sports & Associates as an Electronic Component Distributors or Brokers shall be deemed Non-Cancellable/Non-Returnable.

INTELLECTUAL PROPERTY

If an order includes software or other intellectual property, such software or other intellectual property is provided by Mangla Sports & Associates to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Unopened software may be returned for credit. Opened software may not be returned unless defective.

Force Majeure:

Mangla Sports & Associates will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Our time for delivery or performance will be extended by the period of such delay or Mangla Sports & Associates may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.