Last Updated on 11 January 2021

Acceptance of Terms

Elecksys Engineering Company (or “Elecksys”) accepts orders Offline (by post, phone or e-mail) or Online (through https://store.elecksys.com). All Offline orders are subject to acceptance by Elecksys. Orders must include a Purchase Order (PO) Number and specify the Elecksys catalogue numbers or full details of any special requirements. Orders placed by phone must be confirmed by submission of a hard copy PO. Submission of a PO shall constitute acceptance of Elecksys Terms and Conditions of Sale, set forth herein and in any quotations or legal’s provided by Elecksys.

These terms and conditions of sale (whether Online or Offline) will be the complete and exclusive statement of the terms of agreement between ELECKSYS ENGINEERING COMPANY. (or “ELECKSYS”) and the BUYER. These terms and conditions may only be amended or waived in writing signed by an authorized signatory.

Pricing

All prices are subject to change without notice. The Prices for the Products, Software and/or Services shall be stated in the Order Documents or Service Documents issued by Elecksys. Where deliveries occur in installments or phases, Elecksys may need to adjust prices for Products, Software or Services due to changes in exchange rates, taxes, duties, freight, levies and purchase costs. Elecksys does not cover insurance during transit. The ownership of the software license / product transfers to the customer at the shipping point. Quotes issued by Elecksys shall be valid for 15 days unless stated otherwise in the quote.

GST & Miscellaneous

Quotes issued by Elecksys exclude Goods & Services Tax (GST) and any other taxes, levies, and shipping charges unless expressly set out in the quote. Such charges are payable by Customer in addition to the prices quoted and may appear as separate items on the Order Documents.

Payment Terms

Unless otherwise specified by Elecksys, payment terms are 100% Prepaid in US$ (Outside of India) by Wire Transfer or by irrevocable Letter Of Credit (LOC) issued by bank. Payments must include all associated costs. Letter Of Credit (LOC) must be valid for 90 days. However, any balances which are unpaid after thirty (30) days are subject to 2 percent (2%) Interest charge per month, or the maximum amount permissible by law, whichever is greater.

Payment Options

The following payment options are available and in the discretion of Elecksys Engineering Co.

• Cheque or Money Order: An option available only for Indian buyers. Must be made in Indian Rupee ₹ and payable at Ajmer, India.
• Credit Card/Debit Card: MasterCard, Visa, Discover, American Express, RuPay
• Irrevocable Letter of Credit: Must be confirmed by an Indian bank. All bank charges incurred either inside or outside applicant’s country must be applied to the applicant’s account.
• Bank Wire Transfer:A $35.00 processing fee (Applicable for Payments Outside of India) is included in the shipping/handling charge for all quotes paid by Wire Transfer.
• PayPal.

Cancellation

Orders once placed cannot be cancelled. Any order of custom or option configured Products, or any order or series of similar orders of standard Products can be cancelled only upon Elecksys’s prior written approval, which may be granted or withheld in Elecksys’s sole discretion. In cancellation of Order, the Buyer will be responsible for all costs associated with such cancellation including, but not limited to, the burdened costs of all raw materials, work in progress and finished goods inventory on-hand or ordered which are impacted by such cancellation. Elecksys may cancel the order in the following cases:

1. The costs have exceeded selling price to Buyer;
2. Elecksys is unable to provide product due to factors beyond control.

Elecksys will use commercially reasonable efforts to reduce such cancellation costs. In no event shall the Buyer be liable for more than the contract price of the cancelled Products.

Returns

Elecksys standard products that are in original condition may be returned for Exchange within 15 days of purchase.

• All returned products are subject to inspection. Products displaying use, misuse, or other damage will not be accepted.
• Products must be returned in original manufacturer’s packaging (wrap mirrors in lens tissue before placing in foam packaging).
• Shipping and handling charges will not be refunded.
• Select products do not qualify for a refund based on usage.

Please note that custom configured or special products are non-cancellable and non-returnable, except if the product is defective.

Volume, standard product returns are subject to Elecksys’ discretion. A minimum 25% restocking fee will be charged for all returns if the item is received in its original packaging and is unopened.

For additional assistance, please contact us by clicking the below “Contact Us” button.

Product Specifications

The specifications provided in Elecksys catalogue, literature, or in any written quotations are meant to be accurate. However, Elecksys reserves the right to change specifications and makes no claim about the suitability of its products for any particular intended purpose.

Change of Product & Substitutions

Elecksys reserves the right to:

• Make changes in Products without notice and obligated to incorporate those changes in any Products previously delivered to Buyer.
• Ship to Buyer the most current Product regardless of catalogue description, if applicable.

Modification in Orders/Specifications

Any modification in order for custom or option configured Products, or any order or series of similar orders for standard Products including but not limited to any changes to the specifications of the Products, must be approved in advance in writing by Elecksys. Elecksys must receive Buyer’s change request at least 15 days prior to the scheduled shipment date. In the event of changes to any order or the specifications of the Products, Elecksys reserves the right to adjust the prices and delivery dates of the Products. In addition, the buyer will be responsible for all costs associated with the proposed change including, but not limited to, the burdened costs of all raw materials, work in progress and finished goods inventory on-hand or ordered which are impacted by the proposed change.

Packing, Delivery & Shipment

Elecksys assures proper packaging and will ship to customers by any method, unless otherwise specified in Buyer’s Purchase Order. After acceptance of PO, Elecksys will provide an estimated delivery date and will be using its best efforts to meet the estimated delivery date. Elecksys reserves the right to ship ahead or reschedule, unless the Buyer specifies otherwise.

All Products are shipped F.O.B. shipping point or Ex-Works from origin, unless otherwise specified. Shipment is based on availability of stock after payment is received. Buyer is responsible for any loss or damage to shipments after Elecksys has delivered the Products to any common carrier.

Suspension of Work

Elecksys shall not be liable for any delay in performance or in the shipment or delivery of goods or for any damages or excess costs suffered by Buyer by reason of such delay, if such delay is beyond Elecksys’ and/or subcontractors or suppliers reasonable control. Such causes may include, but are not limited to, the direct or indirect result of, by, or in any manner arising from, fires, floods, epidemics, quarantine restrictions, accidents, civil unrest, war, acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual capacity, Governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, supplies, transportation and/or weather delays, or any other cause or causes similar in nature to any of those specified herein. Elecksys will, within a commercially reasonable time, notify Buyer of any schedule delay.

Limited Warranty – IMPORTANT

Normal wear, scratching and cosmetic damage not affecting the performance, consumables and vendor items are not covered by the Elecksys limited warranty. For vendor items, the manufacturer’s warranty terms are in force and vary from product to product.

Regarding ordering products through https://store.elecksys.com or Ordering by post, phone, or e-mail, the Buyer must report breakage within one week of receipt, otherwise Elecksys and/or our affiliates/partners/principles cannot honor claims. Elecksys recommends inspecting ordered products immediately upon receipt.

The below causes are not covered by this warranty:

• Damage caused by accident, misuse – such as using an incorrect power supply or power current – abuse, product modification or neglect;
• Damage occurring during shipment;
• Damage resulting from the performance of repairs by someone not authorized by the Original Manufacturer;
• Units not used for their intended purpose;
• Any claims made based on misrepresentations of the seller and costs associated with installation of the unit, and claims made after the Buyer makes further use of the product after discovering the relevant breach of warranty.

Elecksys’ liability is limited to the repair or the replacement with the Original Manufacturer, at our option, of any defective item and shall not include incidental or consequential damages whatsoever. Elecksys reserves the right to replace a discontinued model with a functionally comparable model. Also, for any items that are replaced or exchanged under warranty, the warranty start shall apply to the date of the original sales order.

Elecksys makes no warranties, express or implied, including warranties of merchantability or fitness of the products for any particular purpose. Elecksys shall not be liable for any loss or damage resulting from the use or performance of the products. In no event shall Elecksys be liable to buyer or its customers for any special, indirect, incidental, exemplary or punitive damages resulting from loss of use, interruption of business, or lost profits, even if Elecksys has been advised of the possibility of such damages by the Buyer.

NoIR Laser Safety Goggles

Laser Safety Goggles by NoIR are warranted to the original Buyer for one full year from the date of purchase against any defect in lens material and workmanship. LaserShield frames are warranted for 5 years against any defect in material and workmanship. NoIR will repair or replace, at our option, any standard LaserShield or NoIR product found to be defective – exclusive of damage caused by improper or unreasonable use. This warranty does not apply to normal wear, including lens scratching or accidental breakage. This warranty does not cover shipping costs.

Governing Law

This Website originates from the Ajmer, Rajasthan, India. This Agreement will be governed by the laws of the State of Rajasthan, India without regard to its conflict of law principles to the contrary. Neither Buyer nor Elecksys will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Rajasthan, India. By using https://elecksys.com and ordering Products through https://store.elecksys.com, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Indemnification

The Buyer hereby indemnifies the company “Elecksys Engineering Co.” and shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of Buyer, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under the foregoing paragraphs.