Spectrocheck Inr Quote - Amit Metaliks
Spectrocheck Inr Quote - Amit Metaliks
Spectrocheck Inr Quote - Amit Metaliks
Proposed By
AMETEK India Dibyendu Deb
Employee Name
Email Id [email protected]
Contact No 9007002313
Regd. Office: Bhoruka Tech Park, 3rd & 4th Floor, Hoody, ITPL Main Road, Mahadevapura, KR Puram Hobli, Bengaluru- 560048, Karnataka
Tel: +91 80 6782 3200, Email: [email protected] Website: www.ametek.in
CIN: U29200KA2008PTC047509 GST No.: 29AAHCA2869B1ZO PAN: AAHCA2869B
AMETEK INSTRUMENTS INDIA PRIVATE LIMITED
AMETEK, Inc. is a leading global manufacturer of electronic instruments and electromechanical devices with
annual sales of approximately $5.5 billion.
AMETEK has over 18,500 colleagues at more than 150 operating locations in 30 countries around the world. Our
mission is to solve our customers' most complex challenges with differentiated technology solutions.
SPECTRO, a business unit of AMETEK, Inc is one of the worldwide leading suppliers of analytical instruments,
employing optical emission (stationary and mobile Arc/Spark OES, ICP-OES) and X-ray fluorescence spectrometry
(XRF) technology, used for the elemental analysis of materials in industry, research and academia.
AMETEK Instruments India Pvt Ltd, headquartered at Bengaluru is a wholly owned subsidiary of AMETEK Inc.
and has regional offices at Mumbai, Delhi, Kolkata, Jamshedpur, Hyderabad, Chennai & Coimbatore.
SPECTRO Sales & Service employees are located at these offices and across Ludhiana, Mandi Gobindgarh,
Jaipur, Bhiwadi, Ahmedabad, Rajkot, Jamnagar, Vadodara, Nagpur, Aurangabad, Pune, Kolhapur,
Bellary
Payment:
1. 100% advance in favour of AMETEK INSTRUMENTS INDIA PRIVATE LIMITED by RTGS / Demand Draft along
with order. OR
2. Minimum 25% advance by RTGS / Demand Draft along with order and balance 75% payment along with GST
within 7 days on receipt of instrument readiness intimation from AMETEK India
On non-receipt of advance and balance as per above payment term, AMETEK India, without any notice, any charge or
liability may not be obligated to fulfil the order.
If AMETEK India receives written notice of purchase order cancellation prior to dispatch of instrument, AMETEK
India will charge below cancellation charges:
• 10% of PO Value for cancellation within 30 days of payment received.
• 20% of PO Value for cancellation post 30 days of payment received.
Road Permit:
Way bill for Road permit should be provided by customer if applicable.
Delivery:
Within 4 weeks from the date of receipt of full payment.
Delivery of the instrument is subject to Govt. Authority approval, whether an export License is necessary to issue.
Warranty:
The goods are warranted for a period of 12 months from date of installation or 15 months from date of invoice
whichever is earlier against manufacturing defects.
The warranty does not cover defects arising out of mishandling by operators during use. The defective parts will
be either replaced or repaired during warranty period. The warranty replacement parts will be supplied free of
cost to you. However, duties, taxes if any applicable will be borne by you.
Technical Specification:
We reserve the right to change the technical specifications at any time if necessary for technical progress.
Validity:
1. Unless specified otherwise on page 1, this offer is valid for till 30 days.
2. This offer is valid for delivery, use, installation & operation of the instrument in India only.
3. Apart from above terms AMETEK’s Standard T&C’s also apply as attached.
Sales Director
AMETEK INSTRUMENTS INDIA PRIVATE LIMITED
THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY OTHER TERMS AND CONDITIONS SPECIFICALLY AGREED TO IN WRITING BY
SELLER, SHALL APPLY TO ALL ORDERS (“Order(s)”) FROM, AND SALES OF PRODUCTS (“Products”) OR SERVICES (“Services”) TO BUYER. ANY
ACCEPTANCE OF ANY ORDER OF BUYER IS CONDITIONED UPON THESE TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS AND
CONDITIONS PROPOSED BY BUYER IN ANY DOCUMENT ARE OBJECTED TO AND SHALL NOT BE BINDING UPON SELLER. No salesperson is
authorized to bind the Seller to any promise or understanding not expressed herein.
I. PRICES India export laws and regulations may expressly permit, and (2) other than
All prices are subject to change without notice in the event of any changes in in and to the ultimate country of destination specified on Order(s) or
cost of materials or labor, specifications, quantities, delivery schedules, declared as the country of ultimate destination on Seller's invoices or in the
customs duties, other factors beyond Seller’s control, or in the event of End Use Statement that Buyer supplies to Seller. Seller shall not be named
delays caused by the instructions of the Buyer, or the failure of the Buyer to as shipper or exporter of record unless specifically agreed to in writing by
give the Seller adequate information. Prices do not include taxes, including Seller in which case, Buyer shall provide Seller with a copy of the documents
but not limited to Goods and Services Tax (GST), or governmental charges. filed by Buyer for Export clearance purposes. At Seller’s request, Buyer shall
Seller reserves the right, by giving notice to Buyer at any time prior to supply end-use and end-user information to determine export license
delivery, to increase the price of Goods/Services to reflect an increase in applicability. Failure of Buyer to comply with this section shall constitute a
cost to Seller due to any factor beyond Seller’s control (such as, without material default allowing Seller to cancel related Order(s) without liability.
limitation, foreign exchange fluctuation, currency regulation, alteration of B. Buyer warrants that it shall not violate or cause the Seller to violate the
duties, significant increase in cost of labour, materials or other costs of U.S. Foreign Corrupt Practices Act of 1977 (FCPA), as amended, in
manufacture), change in the delivery dates, quantities or specification of connection with Buyer’s sale or distribution of the Products and/or Services,
Goods which shall be requested by Buyer, or any delay caused by the and that Buyer does not know or have reason to believe that any consultant,
instructions of Buyer, or failure of Buyer to give Seller adequate agent, representative or other person retained by Buyer in connection with
information/instructions. the sale and/or distribution of the Products and/or Services has violated, nor
Sales of any goods or services referenced in Buyer’s written Purchase Order caused Seller to violate the FPCA. Where Buyer learns of or has reason to
to Seller (“Purchase Order”) is expressly conditioned upon the terms and know of any violation of the FCPA in connection with the sale or distribution
conditions set in the quote. Other than as specifically provided in a separate of the Products and/or Services, Buyer shall immediately advise the Seller.
written agreement between Supplier and Customer, any additional or
different terms specified or referenced in Buyer’s Purchase Order are hereby VI. WARRANTIES
excluded and shall not be deemed effective or binding unless expressly A. Seller warrants that Products manufactured by Seller, when delivered,
agreed to in writing by an authorized representative of Seller. shall be free from defects in material and workmanship. Seller's obligations
under the aforesaid warranty shall be limited exclusively to repairing or
II. DELIVERY replacing, at Seller's option, any part of the Products which, if properly
Delivery dates are approximate and are dependent on prompt receipt by installed, used and maintained, proved to have been defective in material or
Seller of all necessary information. Seller may deliver all or any part of the workmanship within one (1) year from the date of shipment for full systems
Products or Services as early as thirty (30) days in advance of the agreed (excluding spares). Seller warrants that Services performed shall be
schedule. The point of delivery shall be "DAP" Customer premises, unless performed in accordance with generally accepted industry practice. Seller
otherwise specified by Seller. Upon delivery, title to Products and all risk of warrants for a period of one (1) year from the date of shipment that
loss or damage thereto shall pass to Buyer. Where the Buyer notifies the software or firmware, when used with the Products, shall perform in
Seller that it cannot take timely delivery of the Products, Seller may place accordance with Seller’s published specifications. Seller makes no warranty,
such Products in storage, at the risk of Buyer, and Buyer shall reimburse express or implied, that the operations of the software or firmware shall be
Seller for all expenses incurred in connection with such storage. Buyer shall uninterrupted or error-free, or that functions contained therein shall meet or
dispose of the packing materials for the Products at its own expense, and satisfy the Buyer’s intended use or requirements. Buyer shall notify the
shall defend, indemnify and hold harmless the Seller from any legal Seller of any defect in the quality or condition of the Products, (including any
obligations in connection with such packing waste. software/firmware) or Services within seven (7) days of the date of delivery
or performance, unless the defect was not apparent on reasonable
III. PAYMENT inspection, in which case, within seven (7) days after discovery of the
A. The default term of payment shall be 100% Advance, unless otherwise defect. If Buyer does not provide such timely notification, it shall not be
specified. Payments shall be made by Buyer without any deduction or set- entitled to reject the Products (including any software/firmware) or Services,
off except as required by the law. In case the Buyer is required to deduct tax and Seller shall have no liability for such defect.
and fails to do so within the prescribed timelines and as a consequence the B. Seller's warranty obligations shall not apply to any Products which (1)
Seller is required to collect tax from the Buyer, such tax and any interest or have been altered or repaired by someone other than the Seller, or (2) have
penalty, as may be applicable, shall be recovered from the Buyer over and been subjected to misuse, neglect, or improper use or application, or (3) are
above the purchase price. Unless otherwise agreed, payment shall be made normally consumed in operation, or (4) have a normal life inherently shorter
in Indian Rupee. Seller may charge late payment fees at the rate of 1.5% than the warranty period stated therein.
per month, or the highest rate permitted by law, whichever is less, accruing C. No Products may be returned unless authorized in advance by Seller, and
daily. then only upon such conditions to which Seller may agree. Buyer shall be
B. If the financial condition of the Buyer is unsatisfactory to Seller, Seller responsible for the returned Products until such time as Seller receives the
may require full or partial payment in advance, or satisfactory security, in same at its facility, and for all charges for packing, inspection, shipping,
the form of a letter of credit or otherwise. In the event of bankruptcy or transportation or insurance associated with returned Products.
insolvency of Buyer, Seller may immediately cancel any Order then D. This section VI sets forth the exclusive remedies and obligations for
outstanding. claims based upon defects in or nonconformity of the Products or Services,
whether the claim is in contract, warranty, tort (including negligence of any
IV. VARIATIONS IN QUANTITY; CHANGES degree or strict liability) or otherwise. THE OREGOING WARRANTIES ARE IN
Buyer shall accept delivery of quantities greater or smaller than the quantity LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, XPRESS,
specified in Order(s), provided that any such variation shall not exceed 5% IMPLIED OR STATUTORY. NO IMPLIED OR STATUTORY WARRANTIES OF
of the quantity originally specified, or two (2) units, whichever is greater. MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY.
Seller shall not be required to give notice of any such variations other than
in the applicable shipping notice and invoice. Seller reserves the option VII. PATENTS/INDEMNITY
to make changes to Products or Services which do not affect form, fit, or If Buyer receives a claim that Products, or part thereof sold by Seller
function, and shall deliver Products to the latest configuration part number infringes a patent, Buyer shall notify seller promptly in writing and give
at the time of delivery. Seller information, assistance and exclusive authority to evaluate, defend
and settle such claim. Where Buyer has furnished specifications/designs for
V. EXPORT CONTROLS; FCPA; ANTI-BOYCOTT the manufacture of the allegedly- infringing Products, Buyer shall defend,
A. Buyer shall not make any disposition of the Products, by way of indemnify and hold harmless the Seller against third-party claims for
transshipment, re-export, diversion or otherwise, (1) except as applicable infringement arising out of Seller’s use of such specifications/designs.
CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE OF ANY DEGREE,
VIII. LIMITATION OF LIABILITY STRICT LIABILITY OR PATENT INFRINGEMENT) OR OTHERWISE, SHALL
The total liability of Seller on any claim, whether in contract, tort (including SELLER, ITS AFFILIATES, SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR
negligence of any degree and strict liability) or otherwise arising out of, ANY LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCTS OR
connected with, or resulting from the manufacture, sale, delivery, resale, SERVICES, OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF
repair, replacement or use of any Products or Services, shall not exceed the SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER,
price allocable to the Products or Services or part thereof which gives rise to DOWNTIME COSTS OR CLAIMS OF BUYER'S CUSTOMERS FOR DAMAGES OR
the claim. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF FOR ANY SPECIAL, PROXIMATE, CONSEQUENTIAL, INCIDENTAL, INDIRECT
AMETEK INSTRUMENTS INDIA PRIVATE LIMITED
OR EXEMPLARY DAMAGES. If Buyer transfers title to, or leases the Products warranty, tort (regardless of the degree of fault or negligence), strict liability
sold hereunder to, or otherwise permits or suffers use by, any third party, or otherwise.
Buyer shall obtain from such third party a provision affording Seller and its
subcontractors and suppliers the protection of the preceding sentence. Any XIV. STATUTORY REQUIREMENTS
action against Seller must be brought within eighteen (18) months after the Seller reserves the right to make any changes in the general specifications of
cause of action accrues. the Products which are required for the Products to conform to any statutory
requirement.
IX. EXCUSABLE DELAYS
A. Seller shall not be liable for delays in delivery or failure to perform due
directly or indirectly to causes beyond Seller's reasonable control including XV. MICRO, SMALL AND MEDIUM ENTERPRISES (MSME)
but not limited to: acts of God; war; terrorism; civil commotion; riots; REGISTRATION Seller is registered as an MSME Enterprise vide Udyam
embargoes; government regulations, orders, instructions or priorities; port Registration number UDYAM-KR-03-0002661 dated July 20, 2020 for our
congestion; acts of or failure to act on the part of Buyer or its Services and Manufacturing segments as a Medium enterprise. A certificate
agents/employees; fires; floods; sabotage; nuclear incidents; earthquakes; can be provided to the Buyer on request.
storms; epidemics; strikes; lockouts or other labor difficulties; shortages of
or inability to timely obtain proper labor, materials, components, shipping
space or transportation, fuel, supplies or power at current prices; or due to
limitations imposed by the extent of availability of Seller’s normal
manufacturing facilities.
B. If a delay excused per the above extends for more than ninety (90) days
and the parties have not agreed upon a revised basis for continuing providing
the Products/Services at the end of the delay, including adjustment of the
price, then either party (except where delay is caused by Buyer, in which
event only Seller) upon thirty (30) days’ notice may terminate the Order with
respect to the unexecuted portion of the Products/Services, whereupon Buyer
shall promptly pay Seller its reasonable termination charges upon submission
of Seller's invoices thereof.
X. SOFTWARE/TECHNICAL/PROPRIETARY INFORMATION
A. Buyer shall not acquire any rights to any software which may be delivered
with the Products, except as granted in the Seller’s standard software license.
Any software license granted in connection with the Products shall be an interim
license, which may be withdrawn, pending payment for the Products in full.
B. The purchase of Products shall not include any right to the supply of
technical information such as drawings or specifications.
C. Proprietary information, including drawings, documents, technical data,
reports, software, designs, inventions and other technical information supplied
by Seller in connection herewith (hereinafter called "Data"), shall remain
Seller's sole property and shall be held in confidence by Buyer. Such Data shall
not be reproduced, used or isclosed to others by Buyer without Seller’s prior
written consent. Upon completion of the Order, Buyer shall promptly return all
Data to Seller together with all copies or reprints thereof then in Buyer's
possession or control, and Buyer shall thereafter make no future use, either
directly or indirectly, of any Data or any information derived there from without
Seller's prior written consent. The foregoing shall in no way obligate Seller to
provide or supply Data.
XII. GENERAL
A. The rights and obligations of the Buyer and Seller hereunder shall be
governed in all respects by the law of India. The exclusive forum for
adjudication of any disputes shall be the courts of Bangalore.
B. These Terms of Sale together with any other terms specifically agreed to in
writing by Seller constitute the entire agreement between Buyer and Seller
and supersede any prior or contemporaneous representations, agreements,
proposals, warranties, or understandings, oral or written, express or implied.
No waiver, modification, amendment, rescission or other change to these
Terms and Conditions of Sale shall be binding unless specifically agreed to in
writing by an authorized representative of Seller.
C. The invalidity, of any part hereof shall not affect the validity of the
remainder. The failure of Seller to assert any right at any time hereunder
shall not prevent Seller's subsequent assertion of the same or different rights.
D. Buyer may not assign this contract without the prior written approval of
the Seller.