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Terms & Conditions

1. Definitions

  • OEM: The Original Equipment Manufacturer of server hardware products.

  • Customer: Any entity or individual purchasing server hardware from the OEM.

  • Products: Server hardware and any associated components or firmware.

  • Agreement: These Terms and Conditions along with any additional purchase orders, invoices, or written agreements.

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2. Acceptance of Terms

  • By placing an order or using OEM products, the Customer agrees to these Terms and Conditions. Any additional or conflicting terms proposed by the Customer shall not apply unless accepted in writing by the OEM.

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3. Ordering and Pricing

  • All orders are subject to written confirmation by the OEM.

  • Prices are exclusive of GST and other applicable taxes unless stated otherwise.

  • Quoted prices are valid for [e.g., 30] days and subject to change without notice thereafter.

 

4. Payment Terms

  • Standard payment terms are [e.g., 50% advance and 50% on delivery], unless otherwise agreed in writing.

  • Late payments are subject to interest @18% per annum or the maximum permitted under applicable laws.

 

5. Delivery and Risk

  • Delivery timelines are estimates and may vary based on availability and logistics conditions.

  • Risk and title pass to the Customer upon dispatch from OEM’s facility.

  • OEM shall not be liable for delays due to force majeure (e.g., strikes, government action, transport disruption).

 

6. Warranty

  • OEM warrants that all products will be free from material defects for a period of [e.g., 36 months] from the date of delivery.

  • Warranty covers manufacturing defects but excludes damage from mishandling, power surges, software issues, or unauthorized modifications.

  • Support services under warranty may be delivered on-site or remotely, at OEM’s discretion.

 

7. Returns and Replacement

  • Defective units must be returned with a valid RMA (Return Material Authorization).

  • OEM will repair or replace defective units within a reasonable time.

  • No returns accepted after [e.g., 7 days] from date of delivery unless under warranty.

 

8. Intellectual Property

  • OEM retains all intellectual property rights to server designs, embedded software, documentation, and trademarks.

  • Reverse engineering, disassembly, or decompilation of products is strictly prohibited.

 

9. Regulatory Compliance

  • OEM complies with all applicable Indian standards, including BIS certification, E-Waste Management Rules, and RoHS.

  • Customer agrees to comply with Indian laws, including IT Act 2000, for use of server products.

 

10. Data Privacy and Security

  • If OEM installs or configures firmware or software, it does not access Customer data unless explicitly authorized.

  • Customers are responsible for compliance with India’s Data Protection regulations (e.g., DPDP Act).

 

11. Limitation of Liability

  • OEM’s liability is limited to the amount paid by the Customer for the specific product.

  • OEM is not liable for indirect, incidental, or consequential damages including data loss, business interruption, or lost profits.

 

12. Indemnity

  • Customer agrees to indemnify the OEM against any claims arising out of unauthorized use, resale, or export of products.

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13. Governing Law and Jurisdiction

  • This Agreement is governed by the laws of India.

  • Disputes shall be subject to the exclusive jurisdiction of courts located in [City, e.g., Bengaluru / New Delhi / Mumbai].

 

14. Amendments

  • OEM reserves the right to revise these Terms and Conditions at any time. Updates will be posted on the OEM website or communicated in writing.

 

15. Dispute Resolution

  • Parties shall attempt to resolve disputes amicably through negotiation.

  • If unresolved, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, with seat of arbitration in [City], and conducted in English.

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