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Terms & Conditions
Please read this Agreement carefully before accessing or using
the Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do not agree
to all the terms and conditions of this agreement, then you may not access the
Website or use any services. If these terms and conditions are considered an
offer by Achhacart, acceptance is expressly limited to these terms. The Website
is available only to individuals who are at least 18 years old.
All transactions on achhacart.com are processed by ZMTECH SMART SOFTWARE PRIVATE LIMITED.
1. TERMS AND CONDITIONS TO GOVERN - These terms and conditions
represent the final and complete agreement of the parties and no terms or
conditions in any way modifying or changing the provisions stated herein shall
be binding upon Our Company unless made in writing and signed and approved by
an officer or another authorized person at Our Company. No modification of any
of these terms shall be modified by Our Company's shipment of goods following
receipt of Buyers purchase order, shipping request or similar forms containing
printed terms and conditions additional to or in conflict with the terms
herein. If any term, clause or provision is declared to held invalid by a court
of competent jurisdiction, such declaration or holding shall not affect the
validity of any other term, clause or provision herein contained.
2. ACCEPTANCE OF ORDERS - All orders are subject to written price verification
by authorized Our Company personnel unless designated in writing to be firm for
a specified period of time. Shipment of goods without written price
verification does not constitute acceptance of the price contained in the
3. SUBSTITUTION - Our Company reserves the right, without prior notification,
to substitute an alternative product of like kind, quality and function. If the
Buyer will not accept a substitute, the Buyer must specifically declare that no
substitution is allowed when the buyer requests a quote, if such request for
quote is made, or, if no request for quote was made, when placing an order with
the Our Company.
4. PRICE - Prices quoted, including any transportation charges, are valid for
10 days unless designated as firm for a specific period pursuant to a written
quote or written sales acceptance issued or verified by an officer or other
authorized personnel of Our Company . A price designated as firm for a specific
period may be revoked by Our Company if the revocation is in writing and is
mailed to the Buyer prior to the time a written acceptance of the price is
received by Our Company. All prices and deliveries are F.O.B. shipping point.
Our Company reserves the right to cancel orders in the event selling prices
which are lower than prices quoted are established by government
5. TRANSPORTATION - Unless otherwise provided, Our Company shall use its
judgment in determining carrier and routing. In either case, Our Company shall
not be liable for any delays or excessive transportation charges resulting from
6. PACKING - Unless otherwise provided, Our Company will comply only with its
minimum packing standards for the method of transportation selected. The cost
of all special packing, loading or bracing requested by Buyer will be paid for
by Buyer. All cost of packing and shipment for Buyer's special equipment shall
be paid for by Buyer.
7. PAYMENT TERMS - The discount applies only to the invoiced value of the
material (not to taxes or freight charges). Our Company reserves the right to
require advance payment or satisfactory security for the goods if the financial
condition of Buyer so warrants as determined by Our Company. If Buyer fails to
make payment in accordance with terms of this agreement or any collateral
agreement, or fails to comply with any provisions hereof, Our Company may, at its
option (and in addition to other remedies), cancel any unshipped portion of
this order. Buyer is to remain liable for all unpaid accounts.
8. TITLE AND RISK OF LOSS - Delivery to the carrier shall constitute delivery
to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim
of Buyer relative to damage during shipping or delivery should be made directly
to the carrier. Any claims by Buyer against Our Company for shortage or damage
occurring prior to such delivery to carrier must be made within a week after
receipt of the goods and accompanied by original transportation bill signed by
carrier noting that carrier received the goods from Our Company in the
condition claimed. Notwithstanding passage of the risk of loss to Buyer, title
and right of possession to the goods sold hereunder shall remain with Our
Company until all payments hereunder, including deterred payments evidenced by
notes or otherwise, Interest, carrying charges, and attorney’s fees, shall have
been made in cash, and Buyer agrees to do all acts necessary to perfect and
maintain such right and title in Our Company.
9. RETURN OF PRODUCTS - Goods can be returned within 30 days of the purchase
done. Wrong items and quality problem items can be exchanged. Customers returning
goods are responsible for freight charges.
10. FORCE MAJEURE - Our Company shall not be liable for failure to perform its
obligations resulting directly or indirectly from or contributed to by acts of
God; acts of Buyer, civil or military authority, including wage and price
controls; fires; war; riot; delays in transportation; lack of or inability to
obtain raw materials (including energy sources), components, labour, fuel or
supplies; or other circumstances beyond Our Company's reasonable control, whether
similar or dissimilar to the foregoing. If certain quantities are affected and
other quantities are not, the quantities affected shall be eliminated without
liability, but the agreement shall remain unaffected.
11. REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings shall
be brought for the recovery of the purchase price, or any unpaid balance, or
the breach by Buyer, of any term herein contained, Buyer shall pay to Our
Company, in addition to any damages proved by law, reasonable attorney's fees
and costs of collection.
12. LIABILITY - Our Company shall not be responsible, obligated, or liable for
any injury or damage resulting from an application or use of its products,
either singularly or in combination with other products, arising out of
acceptance of this order. Our Company shall have no liability for errors in
weight or quantity delivered unless a claim is made by Buyer within 30 days
after receipt of shipment and accompanied by original transportation bill
signed by carrier noting that carrier received the goods from Our Company in
the condition claimed. If such timely claim is made by Buyer, and the claim is
deemed valid by Our Company, Our Company may fulfill its responsibility by
either shipping the quantity necessary to make good the deficiency or at Our
Company's option, crediting Buyer with the invoice price of the
13. WARRANTY - All goods sold by Our Company are warranted to Buyer to be free
from defects in material and workmanship, and manufactured in accordance with
industry standards. The foregoing warranty is non-assignable and in lieu of and
excludes all other warranties not expressly set forth herein, whether express
or implied by operation of law or otherwise including but not limited to any
implied warranties of merchantability or fitness. No agent, employee, or
representative of Our Company has any authority to bind Our Company to any
representation, affirmation, or warranty concerning the goods and any such
representation, affirmation, or warranty shall not be deemed to have become a
part of the basis of this agreement and shall be unenforceable. Our Company
shall not be liable under the foregoing warranty if any loss or damage is
caused by improper application or use of the goods. Our Company disclaims all
liability with respect to the design of the goods and makes no warranty with
respect to such design. This warranty is in lieu of and excludes all other
warranties, whether express, implied, or statutory, including implied
warranties of merchantability or fitness.
14. REMEDIES AND LIMITATION OF LIABILITY - Our Company shall not be liable for
incidental or consequential losses, damages, or expenses arising directly or
indirectly from the sale, handling or use of the goods, or from any other cause
relating thereto. Our Company's liability, in any case, including for claims of
breaches of warranty or negligence is exclusively limited, at Our Company's
option, to the replacement of goods not complying with this agreement, the
repayment of, or crediting Buyer with, an amount equal to the purchase price of
such goods, or repairing or arranging for repair of the goods. If Our Company
requests the return of the goods, the goods will be redelivered to Our Company
in accordance with Our Company's instructions. The remedies contained in this
paragraph constitute the sole recourse of Buyer against Our Company for breach
of any of Our Company's obligations, whether of warranty or otherwise. As long
as Our Company makes a good faith effort to rectify any breach, the remedies
provided for herein shall be deemed satisfied.
15. SELECTION - Buyer represents that the goods sold hereunder are fit for
their actual or intended use and that Buyer placed no reliance on Our Company's
skill or judgment in selecting suitable goods or materials or in the design of
suitable goods and materials. Buyer represents that the use and installation of
the goods shall be made in compliance with all applicable government
requirements. Buyer will defend, indemnify and hold harmless Our Company, its
successors, assigns and subsidiaries from and against all costs (including
attorney's fees), damages and liabilities resulting from actual or alleged
claims asserted or any penalties proposed or assessed Our Company for any
alleged violation of any federal, state or local law, rule, regulation or
standard, by reason of or in connection with any use of the goods delivered
16. CHOICE OF LAW - This agreement and matters connected with the performance
thereof shall be construed in accordance with, and governed by, the law of
India. Further, it shall be construed to be between merchants.
17. EMAILS & SMS - When you register on our site and has consented to
receive marketing information, we can send you our updates and promotional
emails and messages. If you don't want to receive them anymore, you can
unsubscribe in any of our emails and messages at any time.
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