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
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.
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:
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:
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:
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:
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.