Terms and Conditions
1. Mode of Dispatch:
Products will be dispatched by road transport for door delivery.
2. Freight Charges:
Shipping and handling charges are extra and will be billed to the customer unless specified otherwise.
If included, the shipping charge covers packing, handling, and delivery from the transport company's go-down to the nearest possible location.
Additional fees may apply for door-to-door delivery, which will be charged by the transport company.
3. Delivery and Payment Terms:
Delivery will occur within 4 weeks upon receipt of a confirmed Purchase Order (P.O.) along with 80% advance payment.
The remaining 20% must be paid before dispatch. Material will not be dispatched until full payment is received. Once payment is complete, dispatch will occur within 4 working days.
4. Installation Charges:
Onsite installation, if required by the client, will incur an additional charge based on the
client’s location, with a minimum fee of Rs. 10,000. Generally, installation is straightforward and does not require professional assistance
5. Warranty:
The product includes a 12-month warranty from the date of supply against manufacturing defects.
6. Resale Restrictions:
The instrument is not for resale, and third-party services will not be provided.
7. Penalty Clause:
We do not agree to any penalty clauses with clients.
8. Usage Restrictions:
The machine is intended for use only within India. Warranty and service are not available outside of mainland India
9. Return Policy:
The material is non-returnable. A 1-year service warranty is included. Repairs can be performed at the client’s site, or if necessary, at the manufacturer’s service center.
10. Exclusions from Warranty:
Physical damage or damage caused by misuse or unreasonable use is not covered under the warranty.
11. Acceptance of Terms:
By purchasing, the customer agrees to Fosterbell’s Warranty and Liability terms as outlined in the Fosterbell Limited Liability, Warranty, and Repair Policy.
Fosterbell Limited Liability, Warranty, and Repair Policy
1. General Information on Limitation of Liability
o This Limited Warranty applies solely to Fosterbell-branded products, including hardware components, software, and firmware provided by Fosterbell.
o Non-Fosterbell software, programs, and products (including peripherals) are excluded from this warranty. Such products are provided "AS IS" without a Fosterbell warranty. Their respective manufacturers, suppliers, or publishers may offer their own warranties.
o Fosterbell is not responsible for interoperability or compatibility issues arising from: The use of unsupported products, software, or configurations. Installing parts intended for one system into a different make or model.
o This Limited Warranty is non-transferable and applies only to direct customers who purchase for resale. End users or indirect customers should contact their distributor for warranty services.
o Customers must inform their end users about the interoperability and compatibility with Fosterbellsupported hardware/software. Fosterbell sales representatives are available for assistance.
o Customers are responsible for backing up data before using or servicing the product. Fosterbell is not liable for any data loss.
o In no event shall Fosterbell or its resellers be liable for indirect, incidental, consequential, or special damages, including but not limited to lost profits, data loss, or business interruptions, arising from the use or performance of the product. The total liability of Fosterbell or its resellers shall not exceed the depreciated value of the product at the time of the claim.
o Fosterbell is not liable for injuries or damages arising from obvious or commonly known dangers (e.g., high voltage risks). Customers must ensure staff are trained in proper handling and use appropriate safety gear.
2. Disclaimer of Implied Warranties
o This Limited Warranty is the sole express warranty made by Fosterbell. To the maximum extent permitted by law, all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby disclaimed. In jurisdictions where such disclaimers are not allowed, the duration of implied warranties is limited to the duration of this express warranty.
3. Limitation of Remedies
o The customer's exclusive remedy and Fosterbell’s sole obligation under this warranty shall be the repair, replacement, or refund of the purchase price as described in this policy. No additional remedies will be available
4. Force Majeure
o Fosterbell shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, government regulations, natural disasters, strikes, labor disputes, power outages, or internet failures. In such cases, Fosterbell’s obligations will be suspended for the duration of the event.
5. Customer Indemnification
o The customer agrees to indemnify, defend, and hold harmless Fosterbell from any claims, damages, liabilities, and expenses (including attorney’s fees) arising from the customer’s breach of this agreement, misuse of products, or violation of any laws, regulations, or third-party rights.
6. Hardware Limited Warranty
Regular Warranty
o Onsite Repair: Fosterbell will provide onsite repair services by sending an executive for initial inspection. If feasible, repairs will be conducted during the visit. Additional visits may be necessary if further resources are required. Customers are responsible for covering all travel and accommodation expenses for the executive.
o Offsite Repair: For repairs that cannot be performed onsite, Fosterbell will repair or replace defective products at its service center. Fosterbell will cover one-way shipping, packing, insurance, repair costs, and labor. Customers must securely pack and ship products to the service center. Defective products must be shipped freight prepaid, while repaired products will be returned freight collect.
Out-of-Warranty Repairs
o Onsite Repair: For out-of-warranty repairs, Fosterbell will dispatch an executive for inspection. Customers are responsible for all travel, accommodation, and inspection charges, including per diem for travel days.
o Offsite Repair: Defective products must be shipped with freight prepaid. Repaired products will be returned with freight collect and may be shipped with any pending orders or separately. Out-ofwarranty repairs are warranted to be free from defects in material or workmanship for 30 days after delivery. Repaired products will be released only after all outstanding payments are settled.
7. Non-Warranty Repairs
Regular Warranty
o Fosterbell reserves the right to inspect returned products to determine the cause of the issue. If a product cannot be repaired, it will be returned at no cost to the customer, except for shipping fees.
o This warranty does not cover expendable or consumable parts, nor does it cover damage caused by improper packaging during shipping.
8. Limitation of Liability and Depreciated Value
o Fosterbell and its resellers are not liable for indirect, incidental, consequential, or special damages, including but not limited to loss of profits, data loss, or business interruptions, arising from the use of the product.
o The total liability of Fosterbell or its resellers under this warranty or any claim related to the product, whether in contract, tort, or otherwise, is strictly limited to the current depreciated value of the product at the time of the claim.
o Depreciation is calculated at 50% of the original purchase price per year, with a maximum depreciation period of two years from the date of purchase. After two years, no refunds or replacements will be provided, regardless of the product’s condition or usability.
o To be eligible for any depreciation-based refund, the product must be returned in good condition, without any intentional damage, and any damage must be due to manufacturing defects. Usual wear and tear will be considered, but intentional or negligent damage will void the claim.
o No further liabilities will be assumed by Fosterbell beyond this depreciated value, and this shall be the sole and exclusive remedy available to the customer.
9. Jurisdiction and Governing Law
o This warranty and any disputes arising from it shall be governed by the laws of Nashik City, without regard to conflict of law principles. Any legal action related to this warranty must be brought in the courts of Nashik City.
10. Severability Clause
o If any provision of this Limited Warranty is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.
11. Right to Amend Policy
o Fosterbell reserves the right to modify or amend this policy at any time without prior notice. Any changes will be posted on the Fosterbell website, and the updated policy will be effective as of the date it is posted. Customers are encouraged to review the policy periodically for any updates.
12. Non-Negotiability of Policy
o This Fosterbell policy is non-negotiable and takes precedence over any other agreements or documents, irrespective of any agreements made by employees or directors. By accepting the products or services, the customer agrees that this policy is an integral part of the purchase order and any other agreement, and no additional terms or conditions shall apply unless explicitly stated in writing and agreed upon by Fosterbell.
o Customers will bear the shipping and packing costs for products returned under warranty if no defects are found.
o Fosterbell reserves the right to use refurbished or reconditioned parts for any warranty repairs or replacements.
o Warranty repairs or replacements do not extend the original warranty period of the product.
o Any software or firmware updates required to maintain functionality during the warranty period are the responsibility of the customer, unless specified otherwise.
o Cosmetic damage, including but not limited to scratches, dents, or discoloration, that does not affect product performance is not covered under this warranty.
o Unauthorized repairs or modifications void this warranty. Only certified technicians authorized by Fosterbell
13. Product Life and End-of-Life (EOL) Clause
The expected life of the product is 10 years from the date of purchase. During this period, Fosterbell will make reasonable efforts to repair or maintain the product using the same or substitute parts, subject to availability. However, the availability of parts may diminish over time, and Fosterbell cannot guarantee access to original components indefinitely. If parts become obsolete, unavailable, or prohibitively expensive, Fosterbell may be unable to complete repairs, even within the designated 10-year product life.
Once the product reaches its end-of-life (EOL), Fosterbell will no longer guarantee repairs or maintenance. Customers will be responsible for purchasing a replacement product if repairs are not feasible. The feasibility of any repairs after the product's EOL is subject to a cost-benefit analysis, and Fosterbell reserves the right to decline repairs if the costs exceed a reasonable threshold in relation to the product's value.
Fosterbell does not guarantee that the product will comply with national or international standards that may change during or after the product's life cycle. If such standards change, Fosterbell is not obligated to upgrade or modify the product to meet the new regulations. Any modifications, if required, will be at the customer’s expense. Additionally, there is no fixed timeframe for Fosterbell to implement such modifications. Any changes made, if necessary, are at Fosterbell’s sole discretion
After the product reaches its EOL, all responsibility for further maintenance, regulatory compliance, or repair of the product is transferred to the customer. Fosterbell is not liable for any claims or damages resulting from the product's use after its EOL. Any repairs carried out post-EOL may be done using substitute parts and carry a limited warranty, or no warranty, depending on the availability and condition of parts.