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Terms of Sale
THESE TERMS OF SALE (“AGREEMENT”) APPLY TO YOUR ORDER AND PURCHASE OF SOFTWARE, SERVICES AND SUPPORT (COLLECTIVELY, “PRODUCT”) SOLD THROUGH CAPRICOT. You accept the terms and conditions of this Agreement, unless you have a separate purchase agreement signed by both you / your company and Capricot, in which case, that separate agreement will govern. Capricot may, from time to time and at its sole discretion, revise this Agreement without notice by posting the revised agreement on its web site. The Agreement posted on Capricot’s web site at the time Capricot accepts your order will govern that purchase.
Accuracy of Data/Corrections
Capricot obtains certain data directly
from the manufacturer, publisher or supplier of Products and is not responsible
for pricing, typographical or other errors in any such data.
Capricot reserves the right to cancel orders related to such errors or
Product discontinuation or unavailability, and to correct this web site at any
time, including pricing errors not detected until after Capricot’s confirmation
or e-mail response.
Prices are subject to change at any time prior
to CAPRICOT’s acceptance of your order. Payment terms are at
CAPRICOT’s sole discretion. You agree to pay the total purchase price for the
Products, plus tax and shipping charges, at the time of placing your confirmed
Central and State sales taxes, Excise duties,
service tax, and all similar taxes and duties, will be charged extra, as
applicable, at the time of billing.
Delivery/Title/Risk of Loss
Capricot will use commercially reasonable
efforts to meet requested delivery times but does not guarantee delivery by a
stated time and is not responsible for any damages due to delays or the failure
to meet a stated delivery schedule. Capricot reserves the right to make
deliveries in installments. Delay in delivery of one installment will not
entitle you to cancel other installments. Notwithstanding anything in this
paragraph, title to software remains with the applicable licensor(s), and your
rights and obligations related to the software are contained in the license
agreement and any applicable end user terms between you and the licensor(s).
PRODUCTS MANUFACTURED, PUBLISHED OR PROVIDED BY
THIRD PARTIES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY
BY CAPRICOT OF ANY KIND, EITHER EXPRESS OR
IMPLIED. CAPRICOT shall pass through to you, to the extent available,
any manufacturer’s /supplier’s written warranties associated with third-party
Products purchased from CAPRICOT. Although third-party services and support are
considered “Product” and you may purchase such services through CAPRICOT,
CAPRICOT is not obligated to provide the services or support. CAPRICOT accepts
no liability for any claims arising out of any act or omission, including
negligence, by your third-party service provider.
Governing Law and Jurisdiction
All matters relating to this Site and these
Terms & Conditions and any dispute or claim arising there from or related
thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of India,
without giving effect to any choice or conflict of law provision or rule. Any
legal suit, action or proceeding arising out of, or related to, the Site or
these Terms& Conditions shall be instituted exclusively in the courts of
CAPRICOT will not be liable for failure to
fulfill its obligations under this Agreement or for delays in delivery or
performance due to causes beyond its reasonable control, including loss of
third-party telecommunications, connectivity or similar infrastructure.
CAPRICOT’s time for performance of any such obligation will be extended for the
time period of such delay, or CAPRICOT may, at its options, cancel any order or
remaining part thereof, without liability, upon notice to you.
If you have any questions about these Terms and
Conditions, the practices of this site, or your dealings with this site, please
contact us at:
Capricot Technologies Pvt. Ltd.
No.6, 2nd Floor, Service Road
2nd Stage, West of Chord Road
Bangalore - 560 086, India.