1. Introduction-
These terms and conditions govern your use of [STAR COMFORT INDUSTRIES] products and services acoustic and thermal insulation. By accessing or using our products and services, you agree to be bound by these terms and conditions.
2. Interpretation:
In these terms and conditions-
2.1- “SELLER” here refers to STAR COMFORT INDUSTRIES situated at Bangalore INDIA.
2.2- “BUYER” means the person who accepts the sellers’ quotation for sale of goods or whose purchase order is accepted by the seller.
2.3 - "Conditions" denote the terms and conditions specified within this document and, unless stated otherwise, encompass any special terms mutually agreed upon in writing between the buyer and the seller.
2.4.-"Contract" mentioned here refers to the agreement for the sale and purchase of the goods.
2.5 -“Goods" refers to the items (including any instalment there of or any portion thereof) that the Seller is obligated to provide in accordance with these Conditions.
3. Product Information -
3.1- **Product Specifications**: Goods are manufactured according to Industry standards and specified product descriptions. Any deviations as such or customization must be agreed upon in writing.
3.2- **Basis of the Sale**: The seller will sell and the buyer will buy the goods based on either the seller's written quote (if the buyer agrees) or the buyer's written order (if the seller agrees), with both parties agreeing to these conditions, in case of any special conditions with any changes to these conditions or the details agreed upon by the Seller must be explicitly approved by the Seller in writing to be valid.
3.3-**Recommendation**: Any guidance or suggestions provided by the Seller, its employees, or agents regarding the storage, application, or use of the Goods must be officially confirmed in writing by the Seller. If such advice is not confirmed in writing, the Buyer assumes full responsibility for following or acting upon it. Therefore, the Seller cannot be held accountable for any advice or recommendation that lacks written confirmation.
3.4- **Quality Assurance**: We guarantee that our products are free from defects in materials and workmanship at the time of delivery. Quality assurance certificates can be provided upon request. Any complaints regarding quality has to be intimated within one week from the invoice date, with which supporting documents has to be provided to the buyer to examine.
4. Orders and Payments-
4.1- **Order Placement**: Orders can be placed via email, or phone. All orders are subject to acceptance and availability. Seller may accept or reject any order for any reason in the sellers’ sole and absolute discretion.
4.2- **Pricing**: Price quotations verbally or other communications from employees, agents do not constitute offers or trade discounts. All prices are listed in Rupees and are subject to change without prior notice. Prices do not include taxes, shipping, or handling fees unless specified in writing by the supplier.
4.3- **Payment Terms**: The buyer is responsible for full payment of all goods ordered, following the payment terms specified on the invoice or confirmation provided by Star Comfort Industries. Star Comfort Industries reserves the right to set and adjust credit terms for the customer, including establishing or modifying credit limits, or discontinuing credit extension at its discretion. -- Supplier is bound to pay all costs for special packaging, premium shipping, handling or any other special costs incurred by the seller as a result of special requests by the buyer. -- Buyer’s failure to pay an invoice as per the agreed payment terms may result in forfeiting of any rebate extended to the buyer, additional to which the buyer shall also be responsible to pay interest as per the terms in the invoice.
5. Delivery and Shipping
5.1- **Shipping Methods**: We offer various shipping options. The cost of shipping will be added to your order total unless otherwise agreed.
5.2- **Delivery Terms**: The parties will mutually agree on delivery terms, which will be detailed in the confirmation provided by the Seller for the goods. The Seller will make reasonable efforts to meet the specified delivery dates in their confirmation. The seller shall not be responsible for any kind of delays in transportation or any shortages occurred during the same, even if so that the transportation has been arranged by the seller. The Seller may deliver the goods in stages if necessary, with each stage invoiced separately and payable according to the invoice, independent of future deliveries.
5.3-**Risk of Loss**: Liability of goods with the seller ends once the goods move out of the warehouse The risk of loss or damage to the goods passes to the buyer at the time of sellers delivery of the goods to the carrier for the buyer, even if the carrier has been chosen by the seller.
6. Returns and Refunds
6.1-**Return Policy**: Upon receipt of any goods delivered under this agreement, Buyer must promptly inspect them and notify Seller in writing of any claims for shortages or damages. Buyer must retain the goods for Seller's written instructions regarding their handling. *Failure by Buyer to notify Seller within three (3) days after receiving the goods will constitute conclusive acceptance of the goods under the terms and conditions herein, and Buyer's acceptance will be deemed irrevocable. The goods to be returned must be unused and in their original packaging, any discrepancies, in the same the buyer is liable to incur additional costs for the same. *The Buyer cannot reject any Supplies due to minor defects that do not significantly affect the quality or appearance of the Goods.
6.2- **Refunds**: Refunds if any agreed by the supplier in written shall be reviewed and will be processed within [7] working days after we receive and inspect the returned products. Shipping costs are non-refundable.
7. Warranty
7.1- **Warranty Period**: STAR COMFORT INDUSTRIES takes pride in offering a 50-year Manufacturer's Durability Warranty for StarAbsorb Insulation 100% Polyester Thermal and Acoustic Insulation, when installed in compliance with the manufacturer's installation.
7.2- **Warranty Coverage**: Seller's warranties pertaining to this sale will be rendered void if, at the Seller's sole discretion, it is determined that the Buyer has tampered with the goods, failed to install them according to industry standards, or exposed them to conditions contrary to the Seller's provided instructions, if any. Furthermore, such warranties shall not cover goods that have had their installation or structural integrity altered or repaired by unauthorized personnel, other than those expressly approved by the Company.
8. Limitation of Liability
8.1- **Liability**: Our liability is limited to the purchase price of the Goods. Supplier is not liable for any indirect, incidental, or consequential damages arising from the use of our products.
8.2- **Force Majeure**: The Supplier shall not liable for any delays or failure in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, and natural disasters.
9. Intellectual Property
9.1- **Trademarks**: All trademarks, service marks, and trade names are the property of “Star Comfort Industries”.
*The Buyer is permitted to utilize the trademark(s) of Star Comfort Industries or its Affiliate only if authorized as a Channel Partner, and solely for the purpose of selling and promoting Goods. Use of these without prior written consent is prohibited.
*The Buyer also recognizes and agrees that:
(i)All patents, trademarks, copyrights, and other industrial property rights incorporated into or utilized in the Goods are and will continue to be the exclusive property of Star Comfort Industries or its affiliated entities;
(ii) Prior written consent from Star Comfort Industries is required for any utilization of these patents, trademarks, copyrights, and other industrial property rights by the Buyer;
(iii) The Buyer agrees not to contest or challenge Star Comfort Industries' ownership of any such industrial property rights in any manner.
10. Governing Law
These Terms and Conditions are guided by and interpreted according to the Indian Federal, State and local laws, regulations and ordinances affecting the goods. Any disputes arising under these Terms and Conditions will be settled in the courts of Karnataka State.
11. General Terms:
(i) These specified terms and conditions override all prior agreements with the Buyer.
(ii) No tolerance, delay, or past waiver from either party will constitute a waiver of any rights or remedies.
(iii) The Buyer may not transfer, encumber, or otherwise dispose of the contract or any rights under it without the Seller's prior written consent.
(iv) All product dimensions and weights are approximate and each product has a 5-10% Tolerance.
(v) Each delivery of the Products forms a distinct contract.
(vi) All communications under this Contract must be in writing in English and directed to the recipient's registered office or the address stated in the Order (or other notified address). Notices may be delivered by hand (considered delivered upon proper receipt at the address), first class prepaid post (deemed delivered 48 hours after posting), or email (deemed delivered 12 hours after satisfactory confirmation of sending).
(vii) The Contract is governed by Indian law, and the Buyer agrees to the exclusive jurisdiction of the courts of India, specifically Bangalore. However, the Seller retains the right to seek interim relief in any court with jurisdiction.
(viii) Payment is considered made upon credit to the payee's bank account and clearance of funds.
(ix) If any provision of the Contract is wholly or partially invalid or unenforceable:
(a) A restrictive interpretation may be applied to avoid invalidity or unenforceability.
(b) Otherwise, the invalid or unenforceable provision or part thereof shall be deemed deleted from the Contract without affecting the validity of the remaining provisions.
12. Amendments
We reserve the right to amend these Terms and Conditions at any time. Any changes will be posted on our website and will take effect immediately upon posting.
13. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at:
STAR COMFORT INDUSTRIES
Shankarappa Estate, 524/661,
Magadi Main Rd,
Behind Reliance petrol bank,
Muthuraya Swamy Extension,
Sunkadakatte, Bengaluru- 560091
[+919945275995] or [+918431620431]
[Email Address-starwadding@gmail.com]