Terms & Conditions

Terms & Conditions

Welcome to Website www.utkarshindia.in (hereinafter referred to as Utkarsh India/UIL), all orders and purchases made through this website are subject to the Online Shopping Terms and Conditions as defined here under. These online Shopping Terms and Conditions are subject to changes from time to time or at any time without prior notice at the sole and absolute discretion of Utkarsh India. All prices appearing on the website are indicative and should only be treated as affirmative after getting a formal confirmation through a mail.

This website www.utkarshindia.in is owned and operated by Utkarsh India Limited (Formerly Known as Utkarsh Tubes & Pipes Limited). All sales and purchases made through the facilities of this website shall be subject to these Online Shopping Terms and Conditions.

“UIL” shall be entitled to connect errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items. All prices listed on this website are in Indian rupees and all charges will be processed in Indian rupees.

All prices listed on this website are subject to an ultimate and/or final confirmation by UIL. “UIL” will notify you by email if the confirmed price of an item you have selected differs from the prevailing price listed on the website or on your purchase order. In the event of any variations the price confirmation as intimated by UIL through email shall prevail over the price list as appearing from the UIL’s website.

“UIL” reserve the right to limit the quantities of certain items intended to be purchased by the intending Purchaser. “UIL” will make reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, “UIL” will not assume any responsibility for any delays in delivery which are beyond its control. If goods are not available or there is a delay in delivery “UIL” will notify its customers within 5 (Five) business days. Under such circumstances the customer shall have the option to make an exit from the transaction and if such option is exercised by the customer the same should be immediately intimated to UIL, however this is subject to payment of any incidental cost or costs incurred by UIL, if at all.

Goods will be delivered by any mode at the option of Purchaser subject to payment of delivery charges as applicable. Only once the entire payments are received and processed, ‘delivery orders’ will be issued for effecting delivery of the goods. The time for processing delivery of goods would vary between atleast 7 (Seven) to 10 (Ten) business days. It is mandatory for the intending Purchaser to cause a third party inspection on being intimated by UIL with regard to the quality and specification of the materials manufactured and offered by UIL. Let it be clearly recorded no quality or specification related issues would be entertained by UIL after issuance of the pre-delivery inspection clearance certificate by such third party. If one should have any questions or concerns regarding this statement or product of the Company, one can contact UIL at the TOLL FREE Number: 1800-3456 555 or email us at crm@utkarshindia.in

Terms & Conditions

Use of the website:
By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available through the website.

Eligibility Criteria:
The use of the website services are available only to and may only be used by individuals who can form legally binding contracts under the applicable law, without limiting the foregoing, the services are not available to children (persons under the age of eighteen years). If you are registering as a business entity, you represent that you have the eligibility to enter into an agreement and the authority to bind the entity under a contract. UIL uses many techniques to verify the accuracy of the information you provide when you register or log into the website, if for any reason UIL in its sole discretion believes such information to be incorrect, the contract would be treated deemed void owing to wrong or incorrect or false or misleading representation and UIL reserves the right to unilaterally withdraw or revoke all commitments.

Trademarks:
The website of Utkarsh India Limited (Formerly Known as Utkarsh Tubes & Pipes Limited) and all intellectual property rights therein, are the exclusive property of Utkarsh India Limited (Formerly Known as Utkarsh Tubes & Pipes Limited). Subject to the terms and conditions as recorded herein, Utkarsh India Limited (Formerly Known as Utkarsh Tubes & Pipes Limited) grants to the intending customer a non-exclusive, non-transferable, revocable, limited license to remotely access and use the website, solely for the purpose of transacting on the products of UIL. The trademarks, names, logos and service mark (collectively referred to as “Trademark”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External Links:
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties:
The website owner upon attempting to sell its products through the website makes no warranties, representations, statements or guarantees whatsoever (whether express, implied in law or residual) regarding the website.

Conflict of terms:
If there is a conflict or contradiction between the provisions of the terms and conditions of this website and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Binding Effect:
As soon as you accept the offer of the website owner with regard to any product intended to be sold and record such facts through a mail, it would be deemed that you have bound yourself to a legally enforceable contract on the basis of the terms and conditions as recorded herein HOWEVER this is without prejudice to the of rights of the website owner to enforce any clause which may be contrary to the instant clause, for instance the Purchaser shall acquire the right to enforce the present contract not before making full payments in favour of UIL.

Severality:
Any provisions of any relevant terms and conditions, policies and notices, which is or becomes enforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable Laws:
Use of this website shall in all respects be governed by the laws of the Union of India only regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the only courts located in Kolkata alone, within West Bengal, India shall have exclusive jurisdiction over all disputes, differences and controversies arising under this agreement and agree that the venue is proper in those courts.

Modification of Terms and Conditions of Service:
At any time or stage UIL shall have an unfettered right to modify the terms and conditions of the service (“terms”) without any prior notification to such intending Purchaser. Since the terms are very frequently changing due to the volatile market conditions it is advised to review the terms on a regular basis. In view of the same continuous uninterrupted access is granted to the latest and/or up-dated version of the terms and condition. In the event the modified terms are not acceptable to such intending Purchaser, it is advised that one should discontinue using the service forthwith. However, if you should continue to use the service it would be deemed that you have agreed to accept and abide by the modified terms.

Payment Terms:
All Visa, Master and American Express Cards are accepted by UIL, through an online payment gateway system. The intending purchaser need not worry about the card information falling into wrong hands because the Purchaser’s bank will authorize the card transaction directly without any information passing through to UIL. In approximately 25 to 30 seconds (depending on the internet connection) the Purchaser’s bank will issue, using the online gateway, confirmation with regard to completion of transaction.

It may be noted in this context that online transactions with a credit card in a website is even safer than using a credit card at a restaurant since UIL does not practice a system where the customer’s credit card information are exposed and retained by UIL. The website security facilities provided by UIL are of the highest standards currently available in the internet, so as to ensure that all the transactions are safe and secure.

It is agreed, understood and confirmed that the credit card details provided by the Purchaser for availing of services on “UIL” Online Shopping will have to be correct and accurate and the Purchaser shall not use the credit card which is not lawfully owned by the Purchaser. The Purchaser further agrees and undertakes to provide the correct and valid credit card details to UIL Shopping online and the said information will be not utilized and shared by UIL with any of the third parties unless it is required by the concerned law, notifications, regulation or court order. Duties, taxes and charges are not included in the item price. These charges are the buyer’s responsibility. All relevant law/rules to determine what these additional costs are required to probed by the Purchaser prior to bidding/buying, for the material.

Acceptance:
After negotiations and finalization of the work order, payments have to be made simultaneously in full, in favour of UIL and it is only after full payments have been made by the Purchaser it would be deemed that the offer has been accepted by UIL and pursuant thereto the contract shall become legally binding and enforceable. Any work order issued against offers without the full payment will not be considered to be a legally binding contract PROVIDED however UIL in its sole discretion may modify or change or vary the implementation of this clause and such right of UIL to vary the implication of this clause would be construed as an exception to the terms of the contract and the Purchaser undertakes to abide by it.

Sales Policy:
The Purchaser made by the Purchaser under the website is a contract. It is advised that the Purchaser should add the product only if the Purchaser has a requirement for the same and in that event a legally enforceable contract will be executed between the parties. If UIL is unable to establish contact with the Purchaser within next three days from the date of placement of the order to supply or if payments are not received within five days from the dated of issuance of the order to supply, the contract will be treated as cancelled. In the event if the material ordered is not in not in stock UIL reserves the right to terminate the contract and refund the amount or request the Purchaser to select any replacement product.

Transaction confirmation:
A transaction will not be considered to be “confirmed” based on the information available on the website, it would only be considered as confirmed subject to receipt of a confirmation advise through email from UIL duly confirming the transaction. In case of confirmation to be received through email and if no such confirmation is received by the Purchaser in respect of the transaction, within the stipulated time period, please contact us at +91 33-2230-9124 | +91 33 2230-9125.

Delivery Terms: 
(a) Utkarsh India reserves the right to limit the quantities of certain items which the intending Purchaser or any group intends to acquire. “UIL” will make reasonable efforts to deliver the products within 5 (Five) to 7 (Seven) business days SUBJECT to clearing all amounts payable under the contract; however, “UIL” does not assume any responsibility for any delay caused in delivery which are beyond the control of “UIL”. If goods are not available or there is is a delay in delivery “UIL” will notify its customers within 5 (Five) business days. Under such circumstances the customer shall have the option to make an exit from the transaction subject to payment of any incidental cost or costs incurred by UIL, if at all.
(b) delivery of the materials shall be effected only after the receipt of the full and final payment confirmed against the order place with UIL’s online shop website (www.utkarshindia.in) UIL is not liable for any delay and/or non-delivery of goods purchased due to flood, fire, war, act of god or any other situation that is beyond the control of UIL. After the issuance of the purchase confirmation note by UIL, please keep track or check on the delivery status from the website of UIL.
(c) on receipt of full payments some of the products of UIL which are available as ready stock or those which takes very little time for production are dispatched immediately while some products where the production time is reasonably longer or those where there is a scarcity of raw material availability the delivery period may vary according to the situation, however UIL does not assume any liability or any financial implication arising by reason of such delay caused in supply.
(d) UIL always employs reputed transporters for domestic transportations, but it is the Buyer’s responsibility to provide a complete and precise ‘delivery / courier address’ to avoid any confusion caused in delivering the products at its specified destination.

Dispute Resolution & Jurisdiction:
i. All disputes and differences between the parties hereto in any way touching or concerning the contract formed through this website as regards the rights and liabilities of the parties hereto shall be referred to the sole arbitration of Mr. Prithviraj Basu Advocate High Court Calcutta of 10 Old Post Office Street 4th Floor Room No. 112 A & 112B Kolkata – 700 001 (hereinafter referred to as the ARBITRATOR) and the same shall be deemed to be a reference within the meaning of the Arbitration and Conciliation Act 1996 or any other statutory modification or enactment thereto for the time being in force.
ii. The Arbitrator shall have summary powers.
iii. The Arbitrator shall be entitled to lay down his own procedure.
iv. It shall not be obligatory on the part of the Arbitrator to give any speaking and/or reasoned award.
v. The parties hereto agree and covenant with each other that they have full trust and confidence in the Arbitrator and agree to abide by all his decisions and/or awards and not challenge or dispute the same in any manner whatsoever.
vi. Courts at Kolkata alone in West Bengal shall have jurisdiction to entertain and try all actions suits and proceedings arising out of these presents.

Dispute Resolution & Jurisdiction:

General:
(a) Initially UIL has decided to offer the access to or logging into the website of UIL for availing the shopping services free of charges. UIL however reserves the right to impose changes for providing such facilities.
(b) Partial delivery of products needs to be reported within 5 (Five) days of receipt of the product. The colored look of the tubes or pipes or poles etc. appearing as on the website may differ from actual product because of shading and light variations.

UIL’s Sole Discretion to Decline Service:
(a) UIL reserves the right to verify, check and authenticate the information and other details as provided by the intending Purchaser using the website at any point of time and if in the process of such verification it is revealed that such user details are fake or false or partly true and partly false and are suspected to be used with malicious intentions, UIL shall have the right in its sole discretion to terminate the transaction and debar the user from further interactions. “UIL” reserves the right to accept or reject your offer at any time or under any circumstances.

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