Shop Terms & Conditions

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1. General

All orders for products (“Products”) or services (“Services”) will be accepted by Bafna Devices pvt ltd (India) Ltd (“BD”) subject to these terms and conditions of sale. Any person who places orders for Products or Services with BD (“Customer”) is bound by these terms and conditions. No other terms will apply to the supply of Products and Services by BD unless agreed in writing by an authorised signatory of BD. BD reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions can be found at www.bafnadevices.com. References to the “BD catalogue” include BD’s paper catalogue, BD’s website and any other catalogue of products published by BD in any medium.

Descriptions of the Products and Services in the BD catalogue or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. BD shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services in the BD catalogue is not an offer capable of acceptance, it merely constitutes an invitation by BD for the Customer to make an offer.

2. Prices

The prices of Products and Services are as set out in the BD catalogue that is current at the date of despatch of the Products or provision of the Services. Products which are not listed in the BD catalogue will be sold at the prices set out in the relevant BD quotation. All prices exclude GST & any other taxes applicable time to time. BD reserves the right to change prices without prior notice at any time.

Discounts given by BD in relation to BD’s catalogue Products, and any other BD offers, will not apply to the Extended Range. Extended Range Products will be invoiced separately.

3. Ordering

BD reserves the right to decline to trade with any company or person and may decline to accept any order.

BD will not substitute an ordered Product for another unless requested by the Customer, or unless the Product has been superseded by the latest version. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked ‘confirmation only’ to avoid duplication. If the Customer orders the wrong Product or quantity, or duplicates orders, clause 12 will apply.

4. Delivery

BD will aim to deliver Products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out in the current BD catalogue or will be notified to the Customer at the time of order. Lead times for the Extended Range are published on the BD website. Delivery will be made to the Customer’s usual business address, unless otherwise agreed in writing.

Times and dates for delivery quoted in the BD catalogue or by BD’s employees are (indicative expected date, which may change depending upon circumstances, availability or location of delivery) only and BD shall not be liable for the consequences of any delay in delivery.

Time for delivery shall not be of the essence. Delivery of Products marked in the catalogue as requiring special handling may (because of their nature) take longer to deliver.

If any delivery is late, the Customer must notify BD, and BD will endeavour to ascertain if the product has been delivered or the expected delivery date of the product to the Customer. BD may also, at its discretion, refund the total delivery charge to the Customer. If a revised expected delivery date (EDD) is not acceptable BD may also, at its discretion, offer an alternative delivery option. BD may notify the Customer if BD will be unable to fulfil any order for Extended Range Products within the published lead time, and will provide alternative options. These are the Customer’s exclusive remedies for late delivery.

5. Inspection, Transit Delays and Non-delivery

The Customer must inspect all Products as soon as reasonably possible after delivery and shall, within 5 days of delivery or, in the case of (iv), the due date for delivery, give written notice to BD of:

(i) Any defect in a Product that is apparent on reasonable examination. In this case BD shall, at BD’s discretion, replace the Product or refund the purchase price.

(ii) Any shortfall in Products delivered. In this case BD shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.

(iii) Any delivery of Products not in accordance with the order. In this case BD shall, at BD’s discretion, replace the Products or refund the purchase price.

(iv) Any non-delivery of the Products. In this case BD shall deliver the undelivered Products or refund the price of the undelivered Products.

If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer’s instructions and to have accepted the Products as being free from all apparent defects.

The remedies set out above are the Customer’s exclusive remedies in the circumstances described in paragraphs (i) to (iv) above. BD shall not be liable for any other losses, damages or expenses.

6. Payment

If BD has not granted credit to the Customer, payment terms are cash or bank draft drawn on a bank in Mumbai. The entire payment shall be made against delivery or in advance.

If any sum is not paid on the due date for payment:

(i) BD reserves the right to claim interest from the Customer, such interest to be calculated on the unpaid amount and to accrue during the period such amount remains unpaid, at the rate of 18% per annum. In addition to this, for bounced and/or returned cheques/bank draft the Customer will be charged Rs. 500/- together with additional charges, if any, as determined by BD; and

(ii) RS may suspend delivery of the Products to be delivered under the order. In addition BD shall be entitled to treat the contract as repudiated by the Customer if the Customer fails to pay any such unpaid amount within 14 days of notice by BD.

7. Passing of Risk and Property

Risk of loss of or damage to the Products shall pass to the Customer on delivery. Ownership of the Products shall not pass to the Customer until all sums due to BD from the Customer for those Products have been received by BD, and until that time BD shall be entitled to the immediate return of all Products if the Customer is late in paying any sum to BD. The Customer authorises BD and its agents to enter any premises of the Customer and to recover the Products for that purpose.

9. Warranty

For Products: BD warrants that the Products will be manufactured of good materials and with good workmanship. If any Product is defective under this warranty, BD will, at its option, replace or repair the Product or refund the purchase price. This warranty is subject to a claim being notified in writing to BD within 12 months of the date of despatch of the Product, or such other longer period as may be indicated by BD for specific products from time to time.

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of BD. The Customer must deal with the defective Products in accordance with BD’s instructions.

The Customer must contact BD to notify BD in advance of the return of any Products and obtain a returns number, to be quoted on all paperwork. Returned Products must be accompanied by an advice note stating the invoice number and the nature of the defect. Where the Customer does not return Products in accordance with this clause 9, BD may refuse such Products and return them to the Customer at the Customer’s cost.

The remedies set out above shall be BD’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply of Products and/or Services. Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of Products and/or Services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). BD will not be liable to the Customer for any loss, damage or liability which arises out of the breach of implied warranties, terms or conditions or breach of any other duty of any kind imposed on BD by operation of law. The Customer acknowledges that it is responsible for ensuring that the Products and Services it orders are fit for the purposes for which it intends to use them.

11. Cancellations and Returns
Customer order to BD are “Non-returnable & Cancellable” once the order is confirmed (ODA is sent to customer), unless there is abnormal lead time to supply or any other reasons like wrong supply, product mismatch etc. The Customer may not cancel orders once accepted by BD. However in some cases, BD may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product.
In the event of cancellation of part of any order only, BD may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
This returns policy excludes DVDs, videotapes, books, software, calibrated Products, scheduled orders, non-catalogue Products, production packaging format Products, Hazardous, Lithium and the Extended Range. All products are returned at the risk of the Customer and RS accepts no responsibility for any loss of or damage to them.
In the event, the material is dispatched to BD office for return without prior approval, BD may refuse to accept the return and return the products to the Customer at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing.