Terms & Conditions
Last Updated on: 14-June-2017 12:36 PM
These terms and conditions govern the sale of Product Xtrack and related services sold by FastSpin Appliances Pvt. Ltd. ("Seller") on websites fastspin.com,xtrack.io and my.xtrack.io.
Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and
conditions contained herein.
Buyer Agrees to the following:
1. Orders:
All orders placed by Buyer are subject to acceptance by Seller. Orders may not
be cancelled or rescheduled without Seller’s written consent. All orders must identify the
products, unit quantities, part numbers, applicable prices and requested delivery dates of the
Products being purchased. Seller may in its sole discretion allocate Product among its
Customers.
2. Prices:
The prices of the Products are those prices specified on the front of the invoice. Pricing
for undelivered Products may be increased in the event of an increase in Seller’s cost, change in
market conditions or any other causes beyond the Seller’s reasonable control. Price quotations
shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the
quotation.
3. Taxes:
Price of Xtrack is inclusive of GST.
4. Payment:
All online orders are made on advance payment basis.Orders will be accepted only after receiving confirmation from payment gateway.
5. Delivery and Title:
All deliveries will be made “EXWORKS” place of shipment. Title and risk
of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are
estimates only and Seller is not liable for delays in delivery or for failure to perform due to
causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of
the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other
deliveries.
6. Installation:
In some locations installation at doorstep is not possible.In those cases Seller will arrange installation at one of our partner workshops.Buyer agrees to take the vehicle to suggested workshop.
7. Returns, Refunds and Exchanges Policy:
How to Return an item
Product must be in original condition to be returned, unless there is a manufacturing defect.
Customer must notify FastSpin within 30 days of ship date mentioning the original order number, then return the item within 14 days of
receiving a RMA from FastSpin. In order to make sure the item is returnable, please contact our toll free 180030701607 or sales@fastspin.com
Seller will provide the Customer with specific instructions on where to mail / return item(s).In most cases returned items will be shipped to the following:
FastSpin Appliances Pvt. Ltd.
B-181 HKM Nagar, Alwar, Rajasthan PIN-301001
Return Freight :
Seller does not refund the original shipping and handling that the Customer paid on the order. Customer must prepay the return freight charges and seller will not accept COD shipments.
Refunds
Approval/Rejection of refund with proper justification shall be intimitated to buyer within 3 days of receiving the returned item(s).Once approved refund will be initiated within 48 hours of approval.
8. Use of Products:
Products sold by Seller are not designed, intended or authorized for use in
life support, life sustaining, nuclear, or other applications in which the failure of such
Products could reasonably be expected to result in personal injury, loss of life or catastrophic
property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer
acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the
manufacturer of the Products are not liable, in whole or in part, for any claim or damage
arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the
manufacturer of the Products harmless from and against any and all claims, damages, losses,
costs, expenses and liabilities arising out of or in connection with such use or sale.
9. Force Majeure:
Seller is not liable for failure to fulfill its obligations for any accepted Order or
for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited
to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product,
acts or omissions of other parties, acts or omissions of civil or military authority, Government
priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine
restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or
Products through its regular sources, which shall be considered as an event of force majeure
excusing Seller from performance and barring remedies for non-performance. In an event of
force majeure condition, the Seller’s time for performance shall be extended for a period equal to
the time lost as a consequence of the force majeure condition without subjecting Seller to any
liability or penalty. Seller may, at its option, cancel the remaining performance, without any
liability or penalty, by giving notice of such cancellation to the Buyer.
10. Technical Assistance or Advice:
If technical assistance or advice are offered or given to
Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer.
Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice
nor shall any statement made by any of Seller’s representativesin connection with the Products
or Services constitute a representation or warranty, express or implied.
11. General:
(a) The laws of the State of Rajasthan will exclusively govern any dispute between
Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent
of Seller. Seller or its affiliates may perform the obligations under this Agreement. This
Agreement is binding on successor and assigns, (c) Products, including software or other
intellectual property, are subject to any applicable rights of third parties, such as patents,
copyrights and/or user licenses.