TERMS & CONDITIONS

1. Prices:

A. Including/Excluding GST Tax Structure

  • 18% on Medical Furniture Products, Barrier Free OPD Exam Room Solutions, WSU, Pendants and OT Tables
  • 5% on wheel chair
  • 12% on OT Light
  • 18% on Track/Channel for Privacy curtain
  • 5% on Privacy curtain

B. Offered prices include packing and installation and exclude any prevailing local entry/statutory tax which is in the customer’s scope.

C. Offered prices included/excluded freight charges.

D. Offered prices included/excluded unloading charges.

E. In an event of an introduction of any new duty and levy by Government or any change in the statutory levies during the tenure of the contract/delivery of material or in the forthcoming budget, the same shall be apply to this offer which will be in customer’s scope. Taxes applicable as actual at the time of Invoicing.

F. In case, where the unloading is in Midmark (India)’s scope, the material will be unloaded at a single designated location at the consignee address. Any relocation thereafter will be in customer’s scope and Midmark (India) can provide supervision.

2. PAYMENT:

100% advance with PO & color confirmation if applicable

3. DELIVERY:

Within 4-6 weeks from the date of purchase order & receipt of payment along with the product colour confirmation, wherever applicable. In case of any change in delivery terms, the same should be agreed by both the parties.

4. WARRANTY:

A. The products are warranted free from any manufacturing defects for the period of 13 months from the date of delivery or 12 months from the date of installation, whichever is earlier.
B.Warranty excludes mattresses, mattress covers, foam, any type of upholstery, PVC laminated panel, wear & tear, damages due to misuse, mishandling and misplacement of the products/ accessories/ spares/components, operating beyond the duty cycle / stated operating conditions and tolerances in the user’s manual/ product catalogue.
C. Damages to electronic components due to electrical surges are not covered under warranty.
D. Warranty on batteries is void if the products are not installed within 60 days from the date of delivery.
E. Warranty shall stand to reduce proportionally if products are not installed in maximum of 30 days from date of delivery. Warranty shall cease if the balance payment is not cleared as per PO terms.
F. Midmark (India) reserves the right to make any technical modifications without notice as a part of the further development of the products to enhance its feature or performance.
G. Warranty will be void if the product is serviced including any replacement, alteration or repair work, during the warranty, by personnel other than authorised/ appointment by Midmark India.

5. PRICE VALIDITY:

30 days from date of quotation/proforma invoice. Any extension to the validity is subject to a prior written confirmation by Midmark (India).

6. ACCEPTANCE:

Purchase order is subject to confirmation of acceptance from Midmark (India).

7. CANCELLATIONS:

A. Purchase order once accepted by Midmark (India) is subject to change or cancellation only with a mutual consensus between Midmark (India) and the customer.
B.Cancellation charges: 5% of the order value
C.No cancellation is allowed after products are dispatched.

8. TITLE:

Title to the goods will be transferred to the customer after all sums due as per the purchase order have been paid.

9. INSPECTION & CLAIMS:

A. In the event the goods shipped according to a purchase order are short shipped/ wrongly delivered or excess supplied, customer should inspect and notify to Midmark (India) within 24 hrs. Of receipt of shipment by putting the remark on the delivery challan. Failing such notice, the goods shall be deemed to be accepted by the customer.
B. In the event customer believes goods delivered according to a purchase order or contract are damaged, customer should notify Midmark (India) about the defect within 24 hrs. Of receipt of shipment by putting the remark on the delivery challan. If the outer carton is damaged, it should be notified on the challan copy. In such case, an Inspector will be deputed by Midmark (India) to survey the goods for the purpose of an insurance claim to be filed with an insurer.
C. Midmark (India) shall repair or replace the goods as deemed after it determines that the goods are defective and damaged.
D. In case of non-intimation of the damage within 24 hrs. From date of receipt of shipment may absolve Midmark (India) from any liability or warranty.

11. FORCE MAJEURE:

Any delay or failure of Midmark (India) to perform its obligations hereunder shall be exempted if, and to the extent that it is caused by an event or occurrence beyond the reasonable control of Midmark (India) and without its fault or negligence, such as, by way of example and not by way of limitations, acts of God, actions by Government authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, labour problems (including lockouts, strikes and slowdowns), inability to obtain power, material, labor, equipment or transportation, or court injunction or order.

12. OVERRIDE CLAUSE:

This offer supersedes any previous offers, quotations either written or verbal.

13. GOVERNING LAW & JURISDICTION:

These Terms and Conditions shall be governed by and shall be construed following Indian Laws. Mumbai courts shall have jurisdiction to settle any dispute arising out of or in- connection with the contract.

14. RELEASE OF Beneficiary:

Purchase order should be released in the name of:
Midmark (India) Pvt. Ltd.
A-1/3, G.I.D.C. Industrial Estate
Umbergaon – 396171
Dist. Valsad, Gujarat.

Midmark (India) Pvt. Ltd
217/2, G.I.D.C Industrial Estate,
Umbergaon – 396171
Dist. Valsad, Gujarat.