Terms & Conditions
1. Application
These Consumer Terms of Sale (“Terms”) apply to all consumer purchases from Kewintech offline or online or from retailer/distibutor.
2. Definitions
“Kewintech ” means the Kewintech company selling products to the Customer as identified in Kewintech’s Quotation or Invoice.
“Customer” means the person or legal entity identified in Kewintech’s Quotation or Invoice.
“Contract” means a contract for sale by Kewintech to the Customer of the products and/or services incorporating the Terms and Conditions
“Order Confirmation” means formal acknowledgement of Product ordered by Customer, sent by Kewintech. “Price” means the price as per Kewintech Quotation and Order Confirmation and the latter shall have precedence.
“Product(s)” means the products as described in Order Confirmation and may include Kewintech‐branded products, third party products and Service Offerings
“Service Offering (s)” means the different service options offered by Kewintech for the Products or any part of them or website or app access for varying periods, as described in Kewintech’s published literature
“Third Party Products” means products other than Kewintech‐branded.
3. Formation of contract
3.1 Your order is an offer to buy. Kewintech may send an order confirmation email to acknowledge receipt of your order, but Kewintech does not accept your order until we send you notice that the Product has shipped. Kewintech reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
3.2 The Products sold and/or services rendered are subject to these Terms to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Kewintech’s acknowledgment of a purchase order nor it’s failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
4. Orders, Price and Payment
4.1 Unless credit terms have been expressly agreed by Kewintech, payment for the Products or services including applicable taxes shall be made in full before physical delivery of Products or services Or some part advance as transportation charges and rest on delivery (COD Mode).
4.2 Customer shall bear all country, provincial, municipal, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes
4.3 Time for payment is of the essence. Kewintech reserves the right to charge interest at the rate of 2% per month from the date on which the payment was due till the date of actual receipt of payment.
4.4 Prices and promotions are subject to change. Kewintech strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.
5. Delivery
5.1 Kewintech shall deliver the Products with our delivery partner to the place of delivery designated by Customer and agreed to by Kewintech
5.2 You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. Kewintech is not responsible for any visible shipping damages not noted on the delivery receipt.
5.3 Any dates quoted by Kewintech for the delivery of the Products are approximate only and shall not form part of the Contract. Kewintech shall not be liable for any delay in delivery of the Products and/or services, howsoever caused.
5.4 Kewintech may revise and/or discontinue products at any time without notice as part of Kewintech’s policy of ongoing product up‐date and revision. Revised or updated products will have the functionality and performance of the Products ordered. The Customer accepts that Kewintech’s policy may result in differences between the specification of products delivered to the Customer and the specification of Products ordered. There may be occasions when Kewintech confirms orders but learns that it cannot supply the ordered Products, either at all or in the quantities ordered such as when the products no longer are being manufactured or they otherwise become unavailable to Kewintech, or when Kewintech cannot source components for manufacturing, or when there is a pricing error etc. In such circumstances, Kewintech will contact the Customer to inform them about alternative products that might meet the Customer’s needs However, if the Customer does not wish to order alternative products, Kewintech will cancel the order for Products that it cannot supply and will refund your purchase price for those products.
5.5 For systems/Kewintech products wherein the country of purchased outside India will be limited support and services only on best effort basis and the same shall not be entitled to any replacement or refund.
In case of Order From Outside india price and delivery charge will change that depends on circumstances and place of delivery
6. Acceptance of Products
6.1 Unless the Customer notifies Kewintech to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Kewintech.
6.2 If you are an end user customer and wish to exchange a product that you have directly purchased from Kewintech in India and have some technical issue, the products are returned to Kewintech within 30 calendar days from the date of delivery. Unfortunately we cannot accept refund request once product is delivered. Please note that the Right to Cancel/Exchange only applies to Home customers buying directly from Kewintech www.kewintech.com/
If you wish to cancel your order, you must cancel it before delivery ,deducting transportation charges remaining will be refunded if you have made prepaid payment or if you have made cod than we may charge transportation charges in advance that will not be refunded . The cancellation will be applicable as per the cancellation procedure.
Exceptions to Kewintech’s for 30 Day Kewintech Period:
If product have any issue that have any problem found by our customer support team and that problem can not be solved without replacement product will be eligible for Kewintech ,
7. Warranty
7.1 Unless specified otherwise, Kewintech warrants to the Customer that Kewintech‐ branded Products will from invoice date be free from defects in materials and workmanship affecting normal use for a period of one year or such other period as may be set out in Kewintech’s invoice.(“Standard Warranty” And “Relevant Warranty” period as appropriate).
7.2 This Standard Warranty or Relevant Warranty does not cover Mechanical damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Kewintech, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, water,war, act of violence or any similar occurrence; products with missing or altered Service Tags or serial numbers; any attempt by any person other than Kewintech personnel or any person authorised by Kewintech, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Kewintech
7.3 if a valid claim is received during the Standard Warranty or Relevant Warranty period during the Standard Warranty or Relevant Warranty period as the case may be and beginning on the invoice date, Kewintech will repair or replace Kewintech‐branded Products returned to Kewintech’s facility at its option and to the extent permitted by law. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Kewintech will ship the repaired or replacement Products to Customer freight prepaid.
7.4 Kewintech does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law. To the extent permitted by law, the Standard Warranty and remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. If Kewintech cannot lawfully disclaim Statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this Standard Warranty and to repair or replacement service as determined by Kewintech in its sole discretion. No Kewintech reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
7.5 For systems/Kewintech products wherein the country of origin is not India or purchased outside India will be limited support and services only on best effort basis and the same shall not be entitled to any replacement or refund.
8. Service and Technical Support
8.1 Kewintech will provide general service and technical support to Customer in accordance with the then‐current service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Kewintech’s invoice, Kewintech will provide the optional service and support to Customer in accordance with the then‐current terms and conditions in the optional service contract between Kewintech and Customer (available via the Internet on Kewintech’s Web site at //www.kewintech.com/ or upon request) in addition to the Standard Warranty or Relevant Warranty. Kewintech may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Kewintech has no obligation to provide service or support until Kewintech has received full payment for the Product or service/support contract for which service or support is requested.
9. Liability
9.1 In no event will Kewintech be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Kewintech has been advised of the possibility of such damages. YOU AGREE THAT KEWINTECH’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE.
9.2 Kewintech will provide support services to ‘out of warranty’ products ,provided the said products and spare parts are available in its inventory. In case of lack of availability due to the products/spare parts not being manufactured any more by Kewintech (due to reasons attributable to advancement in technology, innovation, new product launch, etc.), Kewintech, at its sole discretion, may offer to provide the customer with an upgraded product or a refurbished product. The cost of the upgraded product or a refurbished product, which is not negotiable, may vary from product to product and the customer will be required to bear the same.
9.3 Kewintech shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
9.4 To the extent permitted by law, Kewintech’s total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable Products and/or services under the Contract.
9.5 The Customer shall indemnify Kewintech and keep Kewintech fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub‐contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
9.6 To the extent permitted by law Kewintech and Customer agree that Kewintech will not be liable for Products not being available for use. Any service response times stated by Kewintech in service contracts are approximate only. Kewintech shall not be liable to the Customer for a) any incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution or contamination allarising out of or in connection with the purchase, use or performance of Products or services, even if Kewintech has been advised of their possibility.
9.7 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Kewintech shall be subject to correction without any liability on the part of Kewintech.
10. Force Majeure
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
11. Export Restrictions
Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with these Terms and Conditions and any Contract. Each party will furnish to the other party any information required to enable the other party to comply with applicable laws and regulations related to the Products. Kewintech and Customer acknowledge that Products licensed or sold under any Contract are subject to export control laws and regulations, including those of the countries from which they were supplied and in which they are used and agrees to abide by those laws and regulations. The Products purchased under any Contract may not be sold, leased or otherwise transferred to restricted end‐users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end‐user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer and Kewintech agree to comply with all applicable export laws, regulations and orders. In addition, each party agrees to indemnify, defend and hold the other harmless from any claims, demands or causes of action against the other due to the indemnifying party’s violation or alleged violation of the applicable export laws, regulations and orders.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the India and shall be subject to HISAR,HARYANA,India jurisdiction only
13. Kewintech has the right to change the Terms and Conditions at any time.
14. Information provided at Kewintech’s website with respect to Kewintech’s Products may be out of date and Kewintech makes no undertaking to update the information provided on the website with respect to the Products.
15. Kewintech can at any time, without notice, modify, suspend or terminate operation of or access to its website or to any part thereof; and/ or modify or change its website, or any part thereof; and/o r interrupt operation to perform maintenance, error correction or other changes.