Waiver Of Liability
The receiver/purchaser ("Client") has agreed to order and or use various products (the "Products") from Bholanath Precision Engineering Private Limited ("BPEPL"). By accepting to use and order or purchase the Products, Client agrees to be bound by the terms of this Waiver.
Release of Liability & Limitation of Liability
Client acknowledges that the Products are of a industrial nature, have not been subject to non- regulation and or non-industry testing and are subject to changes, including but not limited to, design, claims, physical properties, availability, pricing, packaging, etc.
Client further acknowledges that the improper use of the Products could result in damage of client’s or Third-party's equipment/parts/material/process including but not limited to, production down time, loss of Third-party contract, equipment stoppages, damage, discoloration, corrosion, process system failure, etc. Improper use of Products beyond BPEPL's recommendations could result in health hazard, injury and/or loss of life.
Client agrees to indemnify BPEPL, defend BPEPL, and hold BPEPL harmless for all liabilities incurred or alleged as a result of or arising out of the improper use of the Products.
Client agrees not to reverse engineer or attempt to copy the design or the underlying information of the Products or to send Products out to third party without written approval from BPEPL.
BPEPL warrants that the Products will arrive undamaged and made in accordance to the Products specifications when received by Client.
In the event that the Products are damaged upon receipt, Client shall notify BPEPL and ship the damaged Products back to BPEPL. BPEPL will send, at BPEPL's sole discretion, either a replacement Product or a full/partial refund, within one hundred and eighty days. This Warranty shall be effective for returns received within thirty days of the initial delivery of the Products. BPEPL will not accept a return for any other reason.
Because the Products are specially-made, and are standard/prototype it is the Client's responsibility to ensure that the Products have manufacturing/process compatibility and all considerations necessary before purchasing the Products.
The unenforceability of any portion of this Waiver shall not render the remainder of the Waiver invalid or unenforceable.
Client will be deemed to have accepted this Waiver by sampling/using/testing/evaluating and/or ordering/purchasing Products designated as such “Product or Prototype or Sample or Trial” and/or whose description includes a link to this waiver and states that purchase constitutes acceptance. BPEPL will at its sole discretion further require Client to sign a copy of this waiver when deemed necessary.