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1. EVEREST & SANT ENGINEERS PVT. LTD STANDARD TERMS AND CONDITIONS

(A)SALES POLICY FOR PRODUCTS

1. Wholesale Only

Everest & Sant Engineers Pvt. Ltd. (“Everest & Sant Engineers Pvt. Ltd”) sells its complete offering wholesale to business customers, while also serving individuals.

2. Payment Terms

Everest & Sant Engineers Pvt. Ltd accepts cash, checks, money orders, Visa, MasterCard, and American Express.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Everest & Sant Engineers Pvt. Ltd are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

1. PRODUCT WARRANTY POLICY
2. SATISFACTION GUARANTEE TO ALL CUSTOMERS
   Customer should contact Everest & Sant Engineers Pvt. Ltd if not satisfied with a product for any reason. Everest & Sant Engineers Pvt. Ltd will promptly provide an exchange or refund if the product is returned within 30 days of delivery, in its original packaging and with proof of purchase from Everest & Sant Engineers Pvt. Ltd.
3. LIMITED WARRANTY FOR BUSINESSES.
   A. ALL PRODUCTS SOLD ARE WARRANTED BY EVEREST & SANT ENGINEERS PVT. LTD ONLY TO CUSTOMERS FOR: (i) USE AS SPARE PARTS IN THE MAIN MACHINE ONLY
4. EVEREST & SANT ENGINEERS PVT. LTD WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF PURCHASE FROM EVEREST & SANT ENGINEERS PVT. LTD, UNLESS OTHERWISE STATED. PROVIDED THAT EVEREST & SANT ENGINEERS PVT. LTD ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, EVEREST & SANT ENGINEERS PVT. LTD MAY, AT ITS OPTION: (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY CUSTOMER. CUSTOMER MUST RETURN THE PRODUCT TO EVEREST & SANT ENGINEERS PVT. LTD, SHIPPING COSTS PREPAID. EVEREST & SANT ENGINEERS PVT. LTD’S REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT, SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.
5. WARRANTY DISCLAIMER.AND LIMITATIONS OF LIABILITY TO ALL CUSTOMERS. 
   EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY EVEREST & SANT ENGINEERS PVT. LTD. EVEREST & SANT ENGINEERS PVT. LTD DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EVEREST & SANT ENGINEERS PVT. LTD ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. EVEREST & SANT ENGINEERS PVT. LTD EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE. EVEREST & SANT ENGINEERS PVT. LTD’S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
6. Warranty Product Return. 
   Before returning any product, customer shall: (i) write or call Everest & Sant Engineers Pvt. Ltd from where the product was purchased; (ii) in the case of an internet order, contact Everest & Sant Engineers Pvt. Ltd by logging on to www.everestpump.in, clicking on the “Contact Us” link at the top of the page, then clicking on the “Email us” link and provide the date, the original invoice number, date of purchase and a description of the defect; or (iii) call us and provide the date, the original invoice number, date of purchase and a description of the defect. Proof of purchase is required in all cases.
7. Manufacturer’s Warranty.
   For information on a specific manufacturer’s warranty, please contact Everest & Sant Engineers Pvt. Ltd
8. Product Compliance and Suitability. 
   Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale at times. Everest & Sant Engineers Pvt. Ltd does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Everest & Sant Engineers Pvt. Ltd accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

C.PRODUCT INFORMATION

1. Catalog/Website Information. 
   Everest & Sant Engineers Pvt. Ltd is a manufacturer of products and information about the products in the Everest & Sant Engineers Pvt. Ltd catalog or web site is provided by the manufacturer. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Everest & Sant Engineers Pvt. Ltd catalog, literature or websites does not constitute the right to purchase products. Everest & Sant Engineers Pvt. Ltd reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Everest & Sant Engineers Pvt. Ltd catalogs and websites. Everest & Sant Engineers Pvt. Ltd reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Everest & Sant Engineers Pvt. Ltd.
2. Product Substitution.
   Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
3. Material Safety Data Sheets.
   Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers.

EVEREST & SANT ENGINEERS PVT. LTD MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY MSDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. 

1. GENERAL TERMS
2. Electronic Data Interchange. 
   If Everest & Sant Engineers Pvt. Ltd and customer mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions, customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Everest & Sant Engineers Pvt. Ltd and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Everest & Sant Engineers Pvt. Ltd regarding EDI purchases made by customer shall be deemed to be conclusive.
3. Third Party Payment Provider.
   If customer elects to use a third party payment system provider (“Third Party Provider”) and Everest & Sant Engineers Pvt. Ltd is charged fees by the Third Party Provider, Everest & Sant Engineers Pvt. Ltd reserves the right to seek reimbursement from customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.
4. Intellectual Property.
   Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by Everest & Sant Engineers Pvt. Ltd, or any IP owned by manufacturers and/or suppliers to Everest & Sant Engineers Pvt. Ltd. All materials contained in Everest & Sant Engineers Pvt. Ltd catalogs or on its web sites are subject to the ownership rights of Everest & Sant Engineers Pvt. Ltd and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of Everest & Sant Engineers Pvt. Ltd without Everest & Sant Engineers Pvt. Ltd’s permission.
5. Independent Contractors.
   Everest & Sant Engineers Pvt. Ltd and customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate Everest & Sant Engineers Pvt. Ltd in any manner, nor may customer represent to anyone that it has the right to do so.
6. Custom Product.
   Everest & Sant Engineers Pvt. Ltd may offer products manufactured or assembled to customers specifications (“Custom Product(s)”). Everest & Sant Engineers Pvt. Ltd is not responsible for verifying or confirming the accuracy of specifications provided by customer to Everest & Sant Engineers Pvt. Ltd for Custom Products. EVEREST & SANT ENGINEERS PVT. LTD’S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOM PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF THE CUSTOM PRODUCT WILL BE CUSTOMER’S SOLE REMEDY, AND ALL OTHER WARRANTIES ARE DISCLAIMED.

6. Cancellation.
   All product order cancellations, if not prohibited above, must be approved by Everest & Sant Engineers Pvt. Ltd, and may be denied or subject to restocking fees and other charges.
7. Return Policy
   Product returns by business customers, if not prohibited above, must be made within one (1) month from date of purchase, unless otherwise indicated. Everest & Sant Engineers Pvt. Ltd does not take title to returned products until the item is received by Everest & Sant Engineers Pvt. Ltd at the applicable return location. Returned product must be in original packaging, unused, undamaged, and in saleable condition. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by Everest & Sant Engineers Pvt. Ltd.
8. Materials of Trade.
   Customer represents that if it is purchasing products as its “materials of trade,” as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the products shall be used in direct support of customer’s business, such business does not concern transportation, and such products shall not be resold or transported in a vehicle other than one owned by customer.

1. ADDITIONAL TERMS AND CONDITIONS RELATED TO THE PERFORMANCE OF SERVICES BY EVEREST & SANT ENGINEERS PVT. LTD OR OTHER PROVIDERS

IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, PERFORMANCE OF SERVICES WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS (“ADDITIONAL SERVICE TERMS”). SERVICES MAY BE PERFORMED BY: (i) EVEREST & SANT ENGINEERS PVT. LTD, ITS SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS (“EVEREST & SANT ENGINEERS PVT. LTD”); OR THIRD-PARTY SERVICE PROVIDERS ENGAGED BY EVEREST & SANT ENGINEERS PVT. LTD (“THIRD-PARTY PROVIDERS”). FOR PURPOSES OF THIS SECTION II, “SERVICE PROVIDER” REFERS TO EITHER EVEREST & SANT ENGINEERS PVT. LTD OR A THIRD-PARTY PROVIDER DEPENDING UPON WHICH OF THEM IS PERFORMING SERVICES, AND “SERVICE PROVIDER PERSONNEL” REFERS TO PERSONNEL OF SUCH SERVICE PROVIDER.

THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION II ARE EXTENDED SOLELY BY THE SPECIFIC SERVICE PROVIDER PERFORMING SERVICES, AND ANY OBLIGATIONS CONTAINED IN THIS SECTION II DO NOT APPLY TO ANY OTHER SERVICE PROVIDER REFERENCED IN THE FOREGOING PARAGRAPH. A THIRD-PARTY PROVIDER MAY REQUIRE CUSTOMER TO EXECUTE ADDITIONAL CONTRACTUAL DOCUMENTS PRIOR TO THE PERFORMANCE OF SERVICES, WHICH DOCUMENTS MAY MODIFY THE TERMS BETWEEN CUSTOMER AND SUCH THIRD-PARTY PROVIDER AS SET FORTH IN THIS SECTION II.

IN THE EVENT OF A CONFLICT BETWEEN THE STANDARD TERMS AND CONDITIONS IN SECTION I AND THE ADDITIONAL SERVICE TERMS IN SECTION II, THE ADDITIONAL SERVICE TERMS IN SECTION II SHALL PREVAIL FOR THE PERFORMANCE OF SERVICES.

1. LIMITED SERVICES WARRANTY.
   ALL SERVICES WILL (i) BE PERFORMED IN A WORKMANLIKE MANNER; (ii) CONFORM TO THE SPECIFICATIONS (IF ANY) PROVIDED BY THE SERVICE PROVIDER IN A STATEMENT OF WORK; AND (iii) BE WARRANTED FOR A PERIOD OF NINETY (90) DAYS AFTER PERFORMANCE OF SERVICES (“LIMITED WARRANTY PERIOD”). IF SERVICES ARE IMPROPERLY PERFORMED AND CUSTOMER NOTIFIES THE SERVICE PROVIDER OF THE IMPROPERLY PERFORMED SERVICE DURING THE LIMITED WARRANTY PERIOD, THEN THE SERVICE PROVIDER WILL RE-PERFORM THOSE SERVICES, IN WHOLE OR IN PART, AS NECESSARY TO CURE THE PARTICULAR BREACH, OR AT THE SERVICE PROVIDER’S SOLE OPTION, REFUND THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES DIRECTLY ATTRIBUTABLE TO THE PARTICULAR BREACH. THE SERVICE PROVIDER’S RE-PERFORMANCE OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE SERVICE DIRECTLY ATTRIBUTABLE TO THE PARTICULAR BREACH SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.

2. WARRANTY DISCLAIMER AND WAIVER FOR SERVICES.
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION II FOR SERVICES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE SERVICE PROVIDER DISCLAIMS, AND CUSTOMER WAIVES, ALL OTHER WARRANTIES FOR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. THE WARRANTIES SET FORTH IN THIS SECTION II ARE EXPRESSLY CONDITIONED UPON THE USE OF THE SERVICES FOR THEIR INTENDED PURPOSE AND SHALL NOT APPLY TO SERVICES WHICH HAVE BEEN SUBJECT TO MODIFICATION BY CUSTOMER OR ANY THIRD PARTY.

3. LIMITATION OF LIABILITY.
   EVEREST & SANT ENGINEERS PVT. LTD AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IN THE PERFORMANCE OF SERVICES. THE LIABILITY OF EVEREST & SANT ENGINEERS PVT. LTD OR ANY THIRD-PARTY PROVIDER PERFORMING SERVICES IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE FOR THE PERFORMANCE OF THE PORTION OF SERVICES THAT GIVES RISE TO ANY PARTICULAR LIABILITY.