Terms & Conditions
All products/services and information displayed on site and/or on store constitute an “invitation to offer”. Your order for purchase constitutes your “offer”. All orders placed by you are subject to availability and acceptance by Seller and conditional on your acceptance and adherence to these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. PARTIES TO THE CONTRACT
1.1. “Seller” means Aq Ventura Private Limited having its office at 340/341 Belilious Road, Howrah – 711101, West Bengal.
1.2. “Client” means the person or legal entity entering into the contract with Seller.
2. ACCEPTANCE, VARIATION AND SCOPE
2.1. Contracts will not come into effect between Seller and Client until Client’s order has been accepted by Seller in writing. Any such contract shall be subject to these below mentioned conditions. Any attempt by Client to incorporate other terms and conditions shall be null and void and of no legal effect. No variation of the Conditions shall be effective unless made in writing and signed by Seller. Any concessions which are given, are subject to the order not being varied and the value of the order being maintained. Any goods supplied to Seller by a third party are accepted by Client on the basis of a Commercial Standard irrespective of the final intended use. The Terms and Conditions of the commercial standard of acceptance are those provided to Seller by the third party contractor.
3. AVAILABILITY, STORAGE AND FITTING
3.1. 3.1. Acceptance and Completion of an order is always subject to the goods which have been ordered being available and Seller shall be under no liability for delay or non-performance caused by any other circumstances beyond Seller’s control.
3.2. All goods are supplied with no responsibility for installation unless stated in writing.
4. DELIVERY, RETURNS AND SHIPPING
4.1. Time of delivery of the goods and/or installation (including replacements) shall not be the essence of any contract. Any date for delivery and/or installation given by Seller is the best estimate that can be made and Seller shall not be liable for any loss or damage (whether direct or consequential) caused by delay in delivery or fitting being after any quote date. All goods delivered by or on behalf of Seller become the liability of Client upon delivery and/or further delivery at the address given for delivery.
4.2. All orders may carry a minimum delivery charge which, if any, the Seller shall add thereto in the invoice and Client agrees to pay in full. All orders will be shipped accordingly using freight/shipper company of Seller’s choice.
4.3. Where delivery has taken place directly to Client’s premises, at the point of signing for the items, Client takes full responsibility for those items unless Seller attends site to continue with installation or maintenance if expressly agreed to in writing by the Seller.
4.4. In the unlikely event of any defect being noticed in any goods, Seller will exchange the said defective product only if said defective product is :-
4.4.1. unused and/or
4.4.2. is returned (at Client’s cost) with all tags intact,
4.4.3. has not be altered,
4.4.4. the defect is brought to our notice within 02 days from the time of delivery,
4.4.5. Inter-brand exchange is not allowed,
4.4.6. Sales and discount product cannot be exchanged and/or returned,
In no circumstances, the liability of Seller exceed the value of the goods. It is the seller’s discretion to provide cash refund in any case of product return or exchange.
4.5. If after delivery, the items are damaged or lost on-site by any person other than Seller, Seller accepts no liability for these goods. No responsibility shall be accepted by Seller for breakages or shortages unless the goods signed for are damaged, broken or short upon delivery and the same must be notified by Client to Seller in writing within 24 hours from delivery
4.6. Seller does not provides the Client with insurance on the delivery of the goods. Any loss in transit or damage to the product on delivery of the goods for reasons beyond the control of the Seller shall be at the cost and consequence of the Client. The sole obligation to provide insurance for safe delivery shall be of the Client. In the event Client wishes to facilitate the benefit of insurance, Client must contact Seller and make payment of insurance charges to the Freight/Shipper as per actuals.
4.7. In case of return of goods by Client, if the goods are found to be damaged beyond the complaint raised by the Client, the Client agrees that the Seller reserves its right to refund only part of the payment received, as the case may be. The cost of –
- freight/shipping (forward and/or reverse)
- transaction cost @ 3% of order value
- nominal packaging charges
shall be charged to the Client and will be adjusted with the said refund.
4.8. Where the defective goods are –
4.8.1. branded in nature and the Seller is an authorised dealer for such brand/manufacturer, the sole responsibility and onus to repair or refund the cost of the goods shall rest upon such brand/manufacturer (including authorised service centres) only and the Seller shall support the Client and cooperate with the Client to repair/make refund thereof;
4.8.2. non branded and/or imported in nature and/or the Seller is not an authorised dealer for such brand/manufacturer, the onus to repair the goods shall rest upon the Client.
4.9. Non-delivery of goods must be notified in writing to Seller and (if appropriate) to the relevant carrier/freight/shipper within 10 days of despatch. In all cases, notification time is of the essence.
4.10. Seller is under no obligation to Client to obtain written or signed delivery notes for carrying out the agreed operations or delivery of orders.
4.11. Where a complaint is notified to Seller in accordance with the above conditions and is accepted, Client shall have the sole discretion to request replacement of the Goods or a refund.
4.12. Seller shall take utmost care to deliver the goods through the freight/shipper to the Client. The accuracy of providing correct information of the address of the Client is the sole responsibility of the Client. In the event the freight/shipping company fails to deliver the goods to Client for reasons beyond the control of the Seller including wrong address provided by the Client and the said goods are returned to Seller, the Seller may at its discretion levy additional shipping charges to be paid by Client for redelivery of the said goods. In case Client fails and/or refuses to make payment of additional charges, the Client agrees that the Seller reserves its right to refund after adjusting cost of –
- freight/shipping (forward and/or reverse)
- transaction cost @ 3% of order value
- nominal packaging charges
for return of goods which shall be charged to the Client.
4.13. Time for performance of any work is not to be the essence of any contract. Any date for the commencement or completion of work given by Seller is the best estimate that can be made. Any failure by Seller to commence or complete any work on any such estimated date shall not entitle Client to refuse to perform any of his obligations under this agreement nor shall Seller be liable for any loss or damage (whether direct or consequential) thereby caused. Delivery of materials and/or the performance of any work hereunder may be totally or partially suspended by Seller during any period in which it is prevented or hindered from such delivery or work by reason of any circumstances beyond its control and such suspension shall not give rise to any claim by Client against Seller nor shall it give Client the right to terminate any agreement with Seller. Where goods contracted for are deliverable by installments, each delivery shall be deemed to be the subject of a separate enforceable contract.
4.14. In the event Client has opted for an urgent delivery of goods, and the same is delivered late on account of –
4.14.1. delay in dispatch by Seller, the Seller shall facilitate refund for the goods to the Client in case of cancellation of order, subject to deduction of shipping charges;
4.14.2. delay in dispatch by Freight/Shipper, it shall be at the Seller’s sole discretion to accept cancellation of order and refund of any payment thereat.
4.15. Since time is not the essence of delivery, Seller shall make best effort to facilitate delivery goods within estimated time. Since Seller does not have direct control over the pickup and/or delivery schedule of the Freight/Shipper, it shall be at the discretion of the Freight/Shipper to provide Client with Pickup/Delivery options, if available at the location of the Client.
5.1. Goods may be sold at MRP (Maximum Retail Price). Discounts offered by the manufacturer may be passed on to the Client. Discount on the MRP may be given by Seller at its sole discretion. Prices and discounts are subject to change without notice. All pricing reflected are in INR / Rs. unless otherwise indicated. All bank/cashless fees associated with domestic transactions are the responsibility of the Client.
5.2. The Client is responsible for and shall pay all taxes, charges, levies and duties of any nature payable in connection with the Order. Where GST is applicable to any Order, Seller is entitled to charge GST on the payment of the Order. If Seller is liable for GST, then Seller shall provide to the Client information that may be reasonably required to establish its liability for GST; and shall provide such information and documents as may reasonably be required by the Client to enable the Client to claim an input tax credit under the GST law.
5.3. Seller reserves the right to vary the contract price (whether in respect of sale and/or installation) at any time to take account of:
22.214.171.124. Any increase due to Force Majeure or government legislation.
126.96.36.199. Any alteration made in the specification upon which the contract is based.
188.8.131.52. Any costs for waiting time or other expenses incurred by Seller as a result of matters beyond its control.
184.108.40.206. Special deliveries or part deliveries or any other variation of the original order made at the request of Client.
220.127.116.11. Any additional work which is required by any aspect of the state or condition of Client’s premises unless Seller was aware of such aspect when its quotation was given. Or
18.104.22.168. Any changes in material costs throughout the period of the contract. Client shall be notified in writing regarding these changes and Seller is not obliged to seek further agreement from Client before carrying out contract works.
6.1. The employees of Seller are not authorised to make oral representation as to the description, quality or fitness for any purpose of any goods or maintenance service nor as to their suitability or installation in any premises specified by Client. If Client prefers an official report, Client must contact Seller directly.
6.2. All descriptions and other information contained in advertisements and estimates are based on information received from Seller’s suppliers and Seller cannot be held responsible for any inaccuracies in their information passed on in good faith.
6.3. Whilst Seller makes every effort to be accurate at all times, Seller accepts no liability for actions taken by Client on advice of Seller unless recorded in writing by Seller.
7. OLBLIGATIONS OF SELLER AND CLIENT
7.1. The obligations arising under any agreement between Seller and Client shall not be affected in any way by the alleged non-performance or defective performance of any other contract which Client may have made with any other Seller for the purchase and/or installation of any goods. In particular (but without prejudice to the generality of the foregoing) Client shall be liable to pay the full price payable to Seller in accordance with the payment conditions agreed between Client and Seller notwithstanding any claims which Client may have against any other Seller.
7.2. Client agrees to indemnify the Seller against any costs (including without limitation legal costs on a full indemnity basis) that the Seller may incur in connection with recovery or attempted recovery of overdue amounts. Client shall pay all amounts due under the Contract/Invoice along with interest in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
7.3. The Seller may at any time, without limiting its other rights or remedies, set off any amount owing to it by Client against any amount payable by the Seller to Client. All goods delivered by or on behalf of Seller become the liability of Client upon delivery at the address given for delivery. Client agrees to provide unimpeded access for the employees and vehicles of Seller, its sub-contractors and carriers on or into Client’s property for the purpose of delivering goods to Client or for any related purpose.
8. DESIGNS AND DESIGNING PROCESS
8.1. Designs, illustrations, drawings whether contained in Seller’s specifications or otherwise must be regarded as approximate representations only. Client must satisfy himself/herself/itself that the goods are fit for Client’s purpose. Where Seller has undertaken to offer a design service, the drawings and the design shall remain the property of Seller until such time as Client enters into the contract and is paid for in full.
8.2. Where Seller is not directly contracted to install services for the aquarium (including water/electricity/support stand etc), in the event the illustrations are not within industry standards, Seller accepts no responsibility for these drawings or the action taken by Client upon them. Client is solely responsible.
8.3. Upon ordering and settling the deposit due from Client, if any, Seller is not liable to refund this deposit at any time if Client cancels their order. All modifications to aquarium orders must be made in writing. Seller reserves the right to refuse such modifications if construction has started or add additional costs that are incurred as a result of said modifications.
9. TITLE OF GOODS
9.1. All goods remain the absolute property of Seller until delivered and paid for in full (including any additional charges and GST) by Client. Such retention of title shall be no grounds for Client to fail to complete the purchase. At any time after default in payment by Client, Seller is entitled to demand the return of all goods not paid for in full by Client. Client hereby licenses Seller to enter the premises of Client and claim such goods in the event full payment is not made within 14 days of the final date for payment. Delivery of goods to Client’s site bestows upon Client to take responsibility for these goods, however the absolute legal ownership of the goods remains with Seller until full payment is cleared.
10. CONDITION NOT SUITABLE
10.1. In the event the premises condition is not suitable as per the requirement of Seller and Client acknowledges the same, for the application of products or carrying out of services, Client waives all warranties in relation thereto and agrees to pay Seller with any incidental and/or extra charges thereat and further indemnifies Seller from any claim, loss, damages, injury to person or property arising from Seller performing the Services to the fullest extent at law. Seller therefore cannot provide any warranty or guarantee in relation to the provision of Services.
11. FAULTY GOODS AND FAULTY INSTALLATION
11.1. Seller shall only supply Goods for use within the scope of the published specifications from the relevant manufacturer or supplier. In the event of any materials or goods being faulty or defective in material or workmanship, Seller shall (at its option) repair or replace any faulty goods free of charge provided that the complaint is registered in writing within 2 days from the time of delivery.
11.2. Further Seller shall in no circumstances be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatsoever the cause thereof –
11.2.1. for any increased cost or expenses, or
11.2.2. for any loss of profit, business contracts, revenues or anticipated savings, or
11.2.3. for any direct, special indirect or consequential damages of any nature whatsoever.
11.3. Seller shall only supply and use materials and goods within the scope of the published specifications from the relevant manufacturers or suppliers but the goods are supplied subject to any Conditions of Sale relating thereto by the relevant manufacturer or supplier. In the event of any materials or goods being faulty, Seller’s own financial liability in respect of such faults shall be limited to the value of goods/services provided by Seller. However in the event of any item of goods supplied proving defective in material or workmanship, Seller shall (at its option) repair or replace such item free of charge, provided that a complaint is made by Client within 2 days from the time of delivery. No responsibility can be accepted by Seller for any damages or missing items after 2 days from the time of delivery.
11.4. Client should check the installation work carried out by Seller. If any work carried out by Seller or any of its sub-contractors is proved by Client to be faulty, Seller will rectify such faults free of charge provided that a written complaint is made before completion. Seller cannot accept liability for any loss or damage (direct or consequential) resulting from alleged faulty installation howsoever caused.
11.5. Client accepts that there is a commercial standard acceptable for the goods/services. If Client and Seller stand 2 meters away from the aquarium and can identify a potential defect jointly, Seller shall accept the defect in accordance with its terms of business and liability procedure. If Client and Seller disagrees as to the visibility, an independent third party shall be provided at Client’s expense to comment officially. This person shall be chosen by Seller and confirmed by Client prior to engagement.
12. FORCE MAJEURE
12.1. Any delay or failure of Seller to perform its obligations hereunder shall be excused, if, and to the extent that it is caused by an event or occurrence beyond the reasonable control of the Seller and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, epidemic, pandemic, action by any government authority, fires, floods, windstorms, lightning, explosions, riots, natural disasters, wars, sabotage, labor problems, inability to obtain power, material, labor, equipment or transportation, or court injunction or order; provided that written notice of such delay shall be given by the Seller to Client within ten days.
If Seller is delayed at any time in the commencement or progress of its work for the Project due to an act or neglect of Client, then the Project shall be extended for such reasonable time as Seller may determine in its sole discretion.
13. RECTIFICATION OF DEFECTIVE WORK
13.1. If any work carried out by Seller or its sub-contractors is proved to be defective in material or workmanship, Seller shall arrange for the work to be re-done free of charge provided that a complaint is made by Client within 2 days from when the work is or should have been completed. The rights set out hereinabove replace any rights to which Client would otherwise be entitled and all implied terms as to the quality or fitness of any materials supplied or work done under this Agreement or as to the correspondence of any such materials with description or sample are hereby expressly excluded. Without prejudice to the generality of the above Seller cannot accept any responsibility for loss or damage (whether direct or consequential) resulting from any actual or alleged defects in material or in workmanship howsoever caused.
14. PACKAGING AND RETURNABLE EMPTIES
14.1. All returnable packages and packing materials shall be charged to Client in full on the relevant invoice. If goods are returned by Client to Seller, adequately identified, carriage paid, no damage and in new and good working condition, full credit shall subsequently be given by Seller. If the damaged goods received by Seller are found to be damaged beyond the complaint raised by the Client, it shall be at the cost and consequence of the Client alone. After 10 days from the date of the relevant delivery, however, packages shall not be accepted back by Seller and if they are returned, no credit shall be allowed under any circumstances whatsoever.
15. TERMS OF PAYMENT
15.1. The contract price shall be payable as soon as Client accepts Seller’s quotation. The balance (if any) shall be payable on the day prior due to either delivery, collection or installation as applicable.
15.2. If Client fails to pay an amount on the due date the overdue sum shall carry interest at the monthly rate of 18% p.a. calculated on a daily basis until payment.
15.3. On the non-payment of any dues to Seller, (in addition and without prejudice to its other rights referred to in these Conditions) Seller shall have the right to cancel every contract made with Client and/or suspend or to continue the performance of any work at Seller’s option without prejudice to Seller’s right to recover damages for any loss sustained by it.
15.4. When payment is due to Seller, Seller may (as it wishes) offer a set discount term which Client can utilize if they so wish. If the payment is not settled within the discount term (usually 14 days), Seller shall have automatic right to retract the discount offer and recover the original 100% total on the invoice.
15.5. If Seller is required to seek legal/specialist collection advice and services in relation to an unpaid debt by Client, Client shall be liable to pay for these services without prior agreement to the said costs. These costs shall be added to Client’s existing bill.
15.6. Seller may (on most occasions) modify the yearly price changes of goods and services.
15.7. Seller and Client at times may agree special deals or discounts in relation to the goods/services. If Client agrees to a discounted price on the agreement of an exchange of goods/services/rights of activity, and subsequently revokes on this agreement once Seller has carried out the discounted works, Seller has the right to seek reimbursement for the discounted amount in full within 14 days. Client cannot renegotiate on this agreement as a result of separate works.
15.8. Should at any time the law change in relation to GST, Seller reserve the right to collect the tax due from Client at any subsequent date.
16.1. All complaints about sale of goods or rendering of service must be given in writing only to Seller within 24 hours of the goods/service being carried out or on delivery notice. Client must keep goods in a state that causes no further damage to the consignment until collected by Seller. Any complaint of failure to deliver goods must be made within 7 days of due date of the delivery. Seller is not liable to Client for any further loss whether in contract or in tort. Client is not entitled to offset any amount due to Seller against the sum due to Client unless expressly agreed by Seller.
17. ORDERING PROCEDURE AND CLIENT’S RIGHT TO CANCEL
17.1. The ordering process from Client to Seller can be made in writing or through the website or through online e-commerce platforms or over the phone or verbally. Once the order has been received in writing and confirmed to Client, Client is committed to acceptance of the goods and subsequent payment. Client understands there is no right to return for these ordered goods.
18. MAINTENANCE SERVICE PROVISIONS AND COSTS
18.1. Any fair “wear and tear” of the aquarium incurred during maintenance shall not be the liability of Seller. Except in respect of negligence or error on the behalf of Seller, Seller accepts no liability for livestock, equipment, cabinetry and dry goods handled during its servicing operation. Any subsequent third party damage due to malfunction equipment shall not be at the liability of Seller.
18.2. Client must allow Seller unrestricted access to the property during the maintenance period. If for whatever reason, including Force Majeure, Seller cannot attend to their services and are forced to wait for access, Client can expect Seller hourly charge to start and continue until access is granted. Seller shall cease to continue with contracted maintenance procedures if any outstanding invoice over 60 days is not settled.
18.3. Any subsequent damage or death within the aquarium shall not be at the liability of Seller. Client accepts that any failure of equipment which leads to water damage to third party areas is not the responsibility of Seller. Seller reserves the right to review the on-going maintenance charges on a yearly basis to adjust for increases in substantial costs including fuel and travel expenses. Furthermore the maintenance shall be adjusted in line with inflation on a yearly basis.
19. IMAGE RIGHTS OF PHOTOGRAPHY AND VIDEO –
19.1. Client accepts that Seller may use content including but not limited to photograph and video of the aquarium, the area in the vicinity of the aquarium and the general location of the property. Seller is allowed to use the photography, video and quotes in all public relations material. Client hereby assigns and grants non-exclusive royalty-free perpetual right to the Seller to publish and market such content for Seller’s gain.
19.2. The Client understands that each Trade Mark(s) and/or other Intellectual Property(s) belong to and are owned by its respective Proprietor(s) and any attempt including but not limited to unauthorised copying, publishing and/or misusing the said Intellectual Property(s) amounts to passing off and/or infringement and the Client is solely responsible for such cost and consequence thereto.
20. STRUCTURE LIABILITIES
20.1. Seller shall offer an illustrative drawing of a support structure in a said material for illustrative purposes only. In the event Seller is not employed to directly construct the support for the aquarium, Client’s employed contractors are solely responsible for both the verification, design and construction of the said support. Seller shall not accept responsibility for faults occurring in an aquarium supplied and installed on Clients own premises without prior confirmation from Seller, that Seller feel the stand is sufficient. Seller cannot be held liable for the structural area below the aquarium. If Client instructs Seller to install an aquarium within a said area of a property, the responsibility of the structural integrity of the supporting area is Client’s sole liability. The calculations for the aquarium by Seller provide an estimate guide to Client or respective Client’s specialist contractors. These calculations are for illustrative purposes only and should not be relied upon for respective structural construction or calculation.
21. ENVIRONMENT OF AQUARIUM
21.1. Client acknowledges that the environment the aquarium sits within is not the responsibility of Seller. Seller shall provide estimations on the heat and humidity of the aquarium. Once in situ, Seller shall not be held liable for the environment for which the aquarium sits within or contributes towards. If the environment causes operational problems/issues for the aquarium and/or Seller, Client accepts full and sole responsibility. Client is required to ensure all services (water/electricity/gas) are checked and maintained for the safety of Seller’s employees. Client is required to undertake yearly or as requested checks on services (whichever occurs first) in the event Seller questions to safety of the said service. Any failure and subsequent injury to Seller employees in ensuring the site is safe to work within shall be the sole responsibility of Client.
22.1. Client understands that all manufactured equipment carries manufacturer’s warranty. In the event Client experiences failure with equipment; Client is advised to contact Seller within 24 hours of failure for inspection. If upon inspection the equipment has malfunctioned through fault of Client, Seller shall provide a quote for the replacement goods.
22.2. In the event the item is broken within the parameters of the manufacturer warranty, Seller shall provide a replacement free of charge + shipping and/or administration charges, if any, in carrying out these duties. The supply of all equipment by Seller to Client is secured under manufacturer warranty. Seller accepts no liability for the failure of this equipment other than to exchange the item for Client.
22.3. Any costs outside the cost of the said item incurred by Seller in undertaking these activities shall be charged to Client’s account. Should Client wish to communicate directly with the manufacturer of the goods, Seller shall inform Client of the necessary manufacturer to contact.
22.4. The normal operation of equipment is the sole liability and responsibility of Client. Seller does not guarantee the running of the aquarium equipment.
23.1. Livestock means fish, invertebrates and aquascaping. Dry goods means all goods sold by Seller apart from livestock.
23.2. Once delivered all Livestock is the liability of Client and Seller is not liable for the death or damage of such livestock once it is in the possession of Client. Client understands there is no refund policy on livestock once the order has been placed. If at any point Client wishes for Seller to attend site to remove dead livestock from the aquarium/s, its standard minimum charge shall be levied against these services. Client should be aware that all livestock carries an average lifespan, any early demise of livestock before the typical lifespan of the animal in question is not the liability of Seller.
23.3. Seller shall provide (where possible) storage of livestock for Client. Seller does not accept responsibility for any death of the livestock throughout the time of storage.
23.4. Seller shall not be liable for any feeding or mistaken feeding conducted by a third party. Any instances of overfeeding should be reported directly to Seller maintenance operative. If Seller is required to attend site, the standard rate shall be levied against such services.
23.5. When Seller is requested to deliver products or livestock to site, if Client decides to change their order, it is at the discretion of Seller to cancel the order without any financial penalty. In the event a Client cancels an order which renders time and administration from Seller, a typical administration fee shall be levied against the value of the goods. Client must note these prices can be higher for particular ordered goods. Client understands that once the livestock have been ordered it is highly unlikely the order can be reversed. Client understands there is no refund policy on livestock once the order has been placed and accepted.
24. CONTRACT DURATION AND CANCELLING PROCEDURE
24.1. If during the course of a maintenance contract, Client wishes to cancel any contract with Seller, Client understands 3 months’ notice period must be given in advance before the contract can be canceled Full term payment shall be calculated and a pro-forma invoice raised accordingly and must be paid within 28 days of the final maintenance visit. All instructions must be received in writing in order to confirm the 3 month advance notice period.
25. GENERAL LIABILITIES
25.1. It is Client’s responsibility to ensure and satisfy himself that the work to be carried out complies with all local bye-laws and/or regulations. Seller cannot accept any responsibility or liability relating to or arising from any failure in such compliance. Client warrants that all necessary consents have been obtained before commencement of any work and he agrees to indemnify Seller for any losses which it may suffer as the result of work having to be delayed, suspended, stopped or re-arranged in consequence of any breach of the said warranty.
25.2. Irrespective of any insurance taken out by Seller, Client should advise his/her/its insurers that works are being carried out on Client’s property and satisfy himself/herself/itself that there is adequate cover against loss or damage by fire and other risks arising out of or during the delivery of goods or the progress of work undertaken by Seller and any associated subcontractor whether Client be the freeholder, lessee or mortgagee of the property. Unless otherwise expressly agreed Seller is not liable for any loss or damage whatsoever to the works, materials on site or any property of Client howsoever or whensoever caused.
26.1. Client shall give 14 days prior written notice of any claims pursuant to the warranty. In the event of a dispute, Client agrees to pay Seller all such amounts owing to the Seller by Client until such time as the dispute is resolved. This Contract/Invoice is governed under the exclusive jurisdiction of the Courts at Kolkata only.