The 'Seller' is S Chand Publisher Press Pvt. Ltd. (hereinafter "S Chand Publisher"/ "Seller"). The 'Buyer' is any person who buys or has agreed to buy goods from the seller, being the customer. 'Goods' means goods provided by the seller in accordance with the seller's standard Terms of sale. Any waiver by the seller of these Terms of Sale on any occasion shall merely act as a waiver on that occasion, and shall not affect the seller's right to enforce any of these Terms of Sale on any further occasion. No terms and conditions stipulated by the buyer shall have effect unless agreed to in writing by the seller.
Unless otherwise stated, any prices quoted by the seller shall be the price at which the goods will be sold to the buyer. The seller reserves the right to amend the price structure at its sole discretion. In any event the seller retains the right to invoice at the price ruling at the time of delivery. The seller reserves the right to amend prices to correct errors or omissions.
All dispatch dates are estimated and are not guaranteed and do not form a term of this contract. Whilst endeavour will be made to comply with these dates, the seller shall have no liability whatsoever for delay in dispatch of delivery, or for any loss occasioned thereby or therefrom. Late delivery does not entitle buyer to cancel order. Any shortages in delivery must be notified in writing to the seller within three days of delivery. No request or complaint would be entertained thereafter.
Payments may be made through cheque/ draft/ UTI payment slip/ credit card/ debit card. In case payment is made through a credit / debit card, the standard terms of payment through credit / debit card will apply. Once the payment has been made, the Payment Approval Number will be displayed. The buyer will be asked to refer to that number in future. In case of a payment by cheque, if the cheque is not honored, a mail may be sent to the buyer, mentioning that their cheque was not honored by the bank, and their order stands cancelled. If they wish to still order the goods, they can place a fresh order, along with a fresh cheque against payment for the same. S Chand Publisher would have the discretion to cancel the order without any further notice. Wherein the goods are not in stock, the buyer may be informed by e-mail. If they wish to wait, they will be provided with the dates as to when the Goods will be made available. If they don’t wish to wait, then a refund cheque will be made and sent to them. In case goods remain undelivered, due to incorrect delivery address, and the goods are delivered back to S Chand Publisher, the buyer will be contacted through the e-mail address given during placing of the order, for the correct address. On getting the correct address, the goods may be resent. The expenses towards any re-delivery will be borne by the buyer. The seller reserves the right to suspend deliveries where payment is not received in accordance with the Terms of Sale specified herein.
4. Damage or Loss in Transit
The risk in the goods shall pass to the buyer when the buyer receives the goods. Any damage should be notified in writing to the carrier and the seller within three days of receipt of delivery. The goods may be held for inspection to enable a claim to be made on the carrier. If the goods are not received within seven days of dispatch the carrier and the seller must be notified immediately.
At the seller's discretion, ownership of the goods may not pass from the seller to the buyer until the buyer has made a payment in full thereof, (and any other monies owing to the Seller). If payment is not made in accordance with these Terms of Sale, the seller shall have the right (without prejudice to the obligation of the buyer to purchase the goods, and to any other remedy that may be available to the seller) to retake possession of goods, not fully paid for, and to go up on any premises occupied by the buyer.
6. Cancellations and Re-schedules
Once the order is placed there shall be no cancellations or reschedules by the buyer.
Goods supplied to the buyer by the seller must not to be used in any medical or life critical applications by the buyer or any other third party, without confirmation in writing by the seller. All other warranties, conditions and statements expressed or implied are excluded. Subject to the aforesaid the seller shall be under no liability in contract or in tort for any loss, damage, death or injury arising directly or indirectly out of the supply, use or misuse of the goods, to the buyer or any other third party.
8. Returns Procedure
- Defective goods may be exchanged at the sole discretion of Eternal Ganges.
- For exchange, the goods must be returned within 15 days of delivery along with the receipt.
- In case of replacement of goods (if goods found to be defective by Eternal Ganges), the courier charges for sending a non-defective copy will be borne by S Chand Publisher.
- Goods returned because of incorrect address or any other similar reason, can be resent to the new address, but the buyer has to bear the additional courier charges, along with whatever other charges the courier company might levy. Goods which are not delivered due to incorrect address will be re-delivered on a 'to pay' basis.
All goods are returned at the buyer's own risk.
9. Errors and Descriptions
Every effort will be made by the seller to ensure accuracy of any technical data or literature made available in relation to the goods. The seller accepts no liability for any damage or injury arising from any errors or omissions in such technical data to the buyer or any third party. No contract can be invalidated due to printing or clerical errors. Any descriptions of goods are for guidance only and shall not constitute the contract for 'sale by description'.
10. Termination of Liability
The seller shall be relieved of all liability, for obligations to be fulfilled by the buyer and any other third party. Wherever the fulfillment of such obligation is prevented, frustrated or impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other authority or by reason of any strikes, breakdown, accident, civil commotion, war, force majeure or any other cause beyond the control of the seller, it shall be including but not limited to causes arising from acts omissions of the buyer.