Terms & Conditions of Provision of Goods & Services
Purchase of goods and services from Animal Kingdom Pvt Ltd (trading as and henceforth referred to as 'Supaw') are subject to the following terms and conditions. By purchasing or receiving goods or services from Supaw, you accept the following terms and conditions, without limitation or qualification.
1. Definitions
In these conditions:
“Conditions” means these Conditions of Provision of Goods and Services;
“Customer” means a person, firm or corporation, jointly and severally if there is more than one, acquiring goods or services from Supaw;
“Goods” means goods supplied by Supaw to the Customer;
“GPO” means the central Post Office in the nearest Capital City;
“Services” means services supplied by Supaw to the Customer; and
“Supaw” means a venture by Animal Kingdom Pvt Ltd, B12, Bareja Sadan, New Mathura Road, New Delhi 110044. INDIA.
2. Basis of Contract
2.1 Unless otherwise agreed by Supaw in writing, these conditions apply exclusively to every contract for the sale or other supply of goods or services by Supaw to the Customer. These Conditions cannot be varied or supplanted by any other conditions without the prior written consent of Supaw.
2.2 Any written quotation provided by Supaw to the Customer concerning the proposed supply of goods or services is valid for 7 days and is an invitation only to the Customer to place an order based upon that quotation. The Conditions may include additional terms in Supaw's quotation, which are not inconsistent with the Conditions.
3. Charges and Payment
3.1 Payment for goods and services must be made by Bank Transfer or Credit Card prior to the provision of goods or services, upon receipt of invoice unless the Customer has a credit account with Supaw, or in the instance that it has been agreed that another agent is acting as the billing party for Supaw.
3.2 All Supaw work is charged in fifteen-minute units. Any part thereof is chargeable at the same rate as fifteen minutes.
4. Payment Default
4.1 If the Customer defaults in payment by the due date of any amount payable to Supaw, then all money which would become payable by the Customer to Supaw at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Supaw may, without prejudice to any other remedy available to it:-
4.2 Action under clauses 4.1(iii) and 4.1(iv) may also be taken, at the option of Supaw where the Customer is:
5. Passing of Property
5.1 Until full payment in cleared funds is received by Supaw under a contract:-
6. Risk and Insurance
All risks associated with the goods will pass to the Customer immediately upon delivery of the goods to the premises nominated by the Customer, notwithstanding that title may not have by then passed to the Customer. The Customer must take out all usual insurances in respect of such risks as a prudent businessperson in the Customer’s position would take out.
7. Performance of Contract
Any period or date for delivery of goods or provision of services stated by Supaw is intended as an estimate only and is not a contractual commitment. Supaw will use all commercially reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
8. Supaw Warranties
8.1 Subject to this clause 8 and clause 9 below, Supaw warrants that all goods and services supplied by it shall be free from defects in materials and workmanship for a period of 30 days from the date of delivery. In the case of software, the date of delivery shall be deemed to be the date of first successful installation on computers used by the Customer.
8.2 The Customer’s sole remedy in the case of non-compliance with the above warranty is for Supaw to attempt to diagnose and rectify the relevant problem at its cost. If Supaw is not able to diagnose the cause of any hardware or software problem, then no charge will apply to the Customer. Supaw does not warrant that it will be able to rectify all problems which it diagnoses.
8.3 This warranty does not apply in circumstances where:
9. Liability
9.1 Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
9.2 Replacement or repair of the goods or resupply of the services is the absolute limit of Supaw’s liability howsoever arising under or in connection with the description, quality, condition, performance, assembly, manufacture, design, merchantability or fitness for purpose of the goods or services or alternatively the sale, use of, storage or any other dealings with the goods or services by the Customer or any third party.
9.3 Supaw is not liable for any program or data loss or damage by any Customer arising directly or indirectly from or in connection with the provision of the goods or services.
9.4 Any replacement of parts under warranty will be carried out at the premises nominated by Supaw. The cost and risk of transport of any defective part to the nominated premises is the responsibility of the Customer.
9.5 Supaw is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
9.6 Supaw will not be liable for any loss or damage suffered by the Customer or any person claiming through the Customer where Supaw has failed to meet any delivery date or cancels or suspends the supply of goods or services.
9.7 Nothing in the Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be legally excluded, restricted or modified.
10. Intellectual Property
10.1 Supaw will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to Supaw by the Customer to be installed on a Customer’s computer.
10.2 The Customer hereby indemnifies Supaw against any claim, loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of or in connection with Supaw installing software at the request of the Customer.
10.3 The Customer acknowledges that, as between it and Supaw, any and all Intellectual Property rights created, developed, subsisting or used in or in connection with the Software are and shall remain the sole property of Supaw. The Customer shall not during or at any time after the completion, expiry or termination of this agreement in any way question or dispute the ownership by the Developer thereof.
10.4 Unless otherwise clearly specified in the formal project proposal that Supaw provides to the Customer, Supaw grants to the Customer, upon Acceptance of Software, and subject to the payment in full of all Development Costs, a non-exclusive, perpetual licence to use the Software for its own internal business operations purposes only. Such licence does not include the right to sub license others to use the Software, or to commercialise the Software in any way, or to reproduce or copy the Software except for legitimate back-up purposes.
11. Cancellation and Deposits
11.1 If, through circumstances beyond the control of Supaw, Supaw is unable to effect delivery or provision of goods or services, then Supaw may cancel the Customer’s order (even if it has already been accepted) by notice in writing to the Customer, upon which appropriate compensation will be supplied to the client, based on the discretion of Supaw.
11.2 Once the contract is signed (in the form of the formal proposal) and the deposit is paid, if the client cancels the project for any reason, the deposit shall be forfeit. This is up to the discretion of Supaw. On special request, Supaw may hold accounts in credit to the value of deposits paid for future work.
© 2024 Animal Kingdom. All rights reserved.
Resources
Partner with Us
Veterinarians & Care Givers
Pet Stores & Merchants
Specialised Service Providers