1. AVAILABILITY. All orders are subject to availability. It is clarified that these may differ from those represented on the Portal. We shall bear no liability whatsoever to buyers on an inability to meet orders due to inadequate stock (save and except to the extent of any sums received in advance from such Buyer).
2. EXCLUSION OF OTHER TERMS. The terms and conditions stated herein may not be varied by Buyer, and no additional or different terms or conditions, whether stated in Buyer’s purchase order form or elsewhere, shall be applicable to the transaction unless specifically agreed to in a separately signed, written instrument by an officer of the service provider.
3. PRICES. Unless otherwise stated, all prices are Point of Departure, exclusive of freight, insurance and local delivery charges, if any.
4. TAXES. All applicable sales, use, excise, gross receipts and other taxes (excluding only taxes on the net income of the PRH) are the responsibility of the Buyer, and Buyer shall promptly pay or reimburse the Company for payment of any such taxes on demand.
5. PAYMENT. Terms of payment are within RBL's sole discretion, unless otherwise agreed to by RBL. Payment must be received by RBL prior to acceptance of an order.
6. SHIPMENT. Any shipping date shown represents RBL’s best estimate as of this date, but service provider shall not incur any liability of any kind whatsoever for failure to ship on any particular date. Risk of loss shall pass to the Buyer when the goods are placed in the possession of a common carrier. Claims against the carrier shall be the responsibility of the Buyer, and claims for patent defects, errors, or shortages must be made in writing to PRH within fifteen (15) days of receipt of the goods, or such claims shall be deemed to have been waived.
7. PRH AND RBL MAKE NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
8. DAMAGE LIMITATION. Under no circumstances shall PRH/RBL be liable for any lost profits or other incidental or consequential damages of any kind for any reason whatsoever with respect to its Products, or the transaction by which its Products are sold.
9. EXCUSE. In no event shall PRH and RBL be liable to any loss or damage resulting from any delay or failure in shipment or other failure to perform with respect to the goods subject to this online sale where such delay, failure, loss or damage is the proximate result of any act of any governmental authority, revolution, riot, civil disorder or disturbance, act of enemies, delay or default in transportation, strike, dispute among materials or facilities from normal sources, fire flood, act of God, or any other cause not within reasonable control.
10. GOVERNING LAW. The transaction with respect to the goods which are the subject of this online sale shall be governed by and interpreted and constructed in accordance with the laws of India, and any action arising out of such transaction shall be brought exclusively in courts of Mumbai.
11. ARBITRATION. Any controversy or claim arising out of or relating to this online sale, or the breach thereof, shall be settled by arbitration in the accordance with the Arbitration and Conciliation Act 1996.