Terms & Conditions

Acceptance

When any quote or pro-forma invoice issued by Ind Air Parts is accepted by the Buyer for parts, items and/or services specified therein the quote, these standard terms and conditions shall constitute the entire agreement between Ind Air Parts and the Buyer with respect to the sale of parts and shall be referred to as the "Sales Agreement". Any purchase order or similar documents issued by Buyer shall serve as evidence of Buyer's acceptance of the Sales Agreement. The Sales Agreement supersedes all prior understandings, agreements, negotiations and communications regarding the sale of the parts, both written and oral.

Terms of Payment

Payment shall be made in US Dollars, unless otherwise mentioned in the Quote and subsequent pro-forma invoice. Term of payment remains pre-payment unless prior to credit approval by Ind Air Parts Finance department, unless otherwise specified in the pro-forma invoice.

Title, Delivery and Acknowledgement

Unless otherwise specified in the quote, the goods shall be delivered FOB, sellers' warehouse and title thereto and liability for loss or damage in transit or thereafter shall pass to Buyer. All goods shipped by Ind Air Parts shall be deemed accepted by Buyer and if Buyer does not give Ind Air Parts a written notice of rejection and the reasons therefore within (30) thirty days after receipt of products by the Buyer.

Prices

Quoted prices apply only to the specific conditions and quantities stated in the quotation and normally shall expire 30 days unless accepted within time. All prices quoted are firm. Prices do not include special packaging, freight charges etc.

Shipping Delays and Damages

Ind Air Parts shall not be liable for shipping delays or failure to deliver if such delays are due to labor stoppages, acts of nature, acts of government, etc. Buyer agrees that Ind Air Parts is not liable damage or loss while shipping and the Buyer will have to recourse only to the Shipping company and/or Buyer’s insurance company.

Indemnification

Buyer agrees to indemnify and hold harmless Ind Air Parts, its officers, directors, employees and agents, from any and all claims, losses, costs, expenses (including reasonable attorney's fees), damage or injuries, including personal injury, death and property damage, arising directly or indirectly out of Buyer's purchase, use, application and/or sale of Ind Air Parts products including resale and subsequent use thereof whether sounding in contract, tort , or otherwise Including strict liability and except in case of willful misconduct or gross negligence on the part of Ind Air Parts.

Export Controls

Buyer acknowledges some or all of the purchased parts from Ind Air Parts may be controlled by and subject to the export laws and regulations of, and sanctions adopted by the United States and/or United Nations and/or European Union and/or United Kingdom which prohibit or restrict the export and/or use of such items. Buyer further acknowledges:

• The sales or other distribution of the parts may constitute exports or re-exports of such parts, and as such must be made in compliance with all applicable export laws.
• The country of ultimate destination, commodity classification, end-user and end-use for any part could affect its exportability and the applicable permissions required for export. Buyer warrants and agrees that it will not export, re-export, transfer, divert or use or allow the use of such items either in original form or when incorporated into another item, contrary to such export laws and that it will obtain all necessary licenses and approvals required by any applicable export laws prior to any transfer. Further, Buyer represents that it is not, and is not affiliated with or controlled by in any way, an individual or organization identified on:
  1. Any US Office of Foreign Assets Control (OFAC) "watch list", including without limitation, OFAC’s list of specially designated nationals and blocked persons.
  2. Any Federal Bureau of Investigation "watch list".
  3. Any Bureau of Industry and Security list of unverified persons or denied persons, and Buyer should not reside in or conduct banking in a jurisdiction identified as noncooperative by the Financial Action Task Force or sanctioned by OFAC.

Governing law and Jurisdiction

The terms of this agreement and all rights and obligations hereunder shall be governed by the laws of the Republic of India.

Confidentiality

Each party may have access to non-public information of other party and its affiliates, including business plans, customer information, terms and conditions and other non-public information regarding the business and operations of that party. All such information is referred to as "Confidential Information". Each party agrees to keep Confidential Information of other party strictly confidential and will not disclose nor permit the disclosure of nor use the Confidential Information for any purpose whatsoever. The receiving party may also disclose the Confidential Information of the other party pursuant to any valid court order, regulation or other lawful order compelling such disclosure. Upon request, the receiving party will promptly return all Confidential Information of the disclosing party or such party, with all notes, summaries or copies thereof in all media without retaining copies