This document is an electronic record in terms of the Information Technology Act, 2000 (the IT Act) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www……………………………………com (the Website) is owned by Mitra Commercial & Automobiles LLP, having its Registered Office at NH2 Rajbandh Choti, Opposite. – HPCL Depot, Durgapur – 713212. Use of the Website by the user (You /Your /the User) is subject to the terms and conditions contained herein.
Accessing, browsing or otherwise using the Website will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained herein and the binding Policy Documents. By using the Website, You are declaring to have carefully read, understood and agree to be bound by these Terms of Service. Tata Hitachi may at its sole discretion allow or disallow access to the Website and reserves the right to change any of the terms and conditions contained herein at any point in time. It is Your responsibility to periodically review these Terms of Service including any update and changes, and Your continued use of the Website will be considered as Your acceptance to such updates and changes.
You should have completed 18 years of age and be competent to enter into a contract under the laws relating to contracts in India.
If You are using the Website on behalf of any corporation, company, institution, association or other entity, You shall be deemed to have been duly authorized by such entity to use and access the Website..
Tata Hitachi reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
You, as the User of the Website, shall be deemed to have complied with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India, including any Amendments, Notifications and Rules issued under the aforesaid enactments as applicable, for using the Website or buying /selling any product or service through the Website.
"Customer" – means: (i) in case of a person visiting or interacting with the Website or Service on behalf of himself or herself, such natural person; (ii) in case of a person visiting or interacting with this Website or Service on behalf of another natural person or on behalf any organization /institution, such other natural person or such organization /institution.
"Order /s" - means an offer made by You to a Mitra Commercial & Automobiles LLP. as a Tata Hitachi Dealer to purchase certain product(s) listed out by that Dealer in the Website.
“Policy Documents” – The Policy Documents shall include the Privacy Policy, these ‘Terms of Service’, the Disclaimers and all other operating rules, policies, and procedures that may be hosted on the Website by Tata Hitachi.
“Product” – means goods, equipment, spare parts listed out by a Tata Hitachi Dealer in the Website inviting offers for purchase.
"Service/s" – means the Website, Your Instructions, Orders and interactions with the Website, the responses generated by the Website, and all actions undertaken in pursuance of Your Instructions on the Website, including but not limited to placement of Orders and dispatch /delivery of ordered Products.
“Tata Hitachi Dealer” means an authorized dealer of Tata Hitachi, who is registered in the Website as a seller.
"Third-Party Service Provider(s)" shall mean and include, but are not limited to:
(a) Payment Gateways. The Service means such services as provided by the third-party payment processor(s) or payment gateway(s), currently HDFC Bank Limited, or such other payment processor(s) or payment gateway(s) as may be specified in the Website from time to time;
(b) Delivery Providers. Delivery of Products ordered through the Website is handled by thirdparty delivery service(s) including the following or such other delivery service as may be specified in the Service: TCI, Trackon courier
“Terms of Service” – this document Terms of Service also called as the “Agreement”.
“Website” – means the website referred to in the beginning of the Terms of Service.
"You" and/or "Your" - means the User of the Website and includes a Customer /buyer /purchaser.
You may use the Website for reasonable and lawful purposes only and shall not indulge in any activity that is unlawful or harmful to the Website or its content. You are provided with a limited license to access and use the Website, solely for the purpose of availing the Services, subject to these Terms and Conditions.
You do hereby certify and confirm that you will not:
(a) Erase or amend any content on the Website, including but not limited to, any information regarding the Services, Product specifications, catalogues, sale or pricing details, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to amend,
(b) Decompile, reverse engineer, or disassemble the content of the Website,
(c) Use the Website in any way that is unlawful, or harms Tata Hitachi or Tata Hitachi Dealers, any other person or entity, as determined in Tata Hitachi’s sole discretion,
(d) Using any engine, software, tool, agent or other mechanism (such as spyware, Ransomware, trojan, robots, worms, bots, intelligent agents, etc.) to navigate or search the Website,
(e) Make false or malicious statements against the Services, the Website or Tata Hitachi,
(f) Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/or the Services,
(g) Engage in any form of antisocial, disruptive, or destructive acts, including “cyberstalking”, “spamming”, “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet,
(h) Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party, or
(i) Host, display, upload, modify, publish, transmit, update or share on or through the Website, any information that:
(i) belongs to another person and to which they do not have any right,
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever,
(iii) harms minors in any way,
(iv) infringes any patent, trademark, copyright or other proprietary rights,
(v) violates any law for the time being in force,
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature,
(vii) impersonates or defames another person, or
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You are solely responsible for maintaining the confidentiality of Your Account Information and for restricting access to Your computer, mobile or other similar devices to prevent unauthorized access to Your account. You are requested to safeguard Your password and Your account and make sure that others do not have access to it. It is the Your responsibility to keep Your Account Information current and accurate. You agree to: (a) immediately notify Tata Hitachi of any unauthorized use of the account or any other security breach; and (b) ensure that they exit from their account at the end of each session. Tata Hitachi will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to Tata Hitachi or any other user due to unauthorized use of Your account, resulting from the failure to keep Your Account Information secure and confidential.
You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Website.
Your use or viewing the Website is subject to Your acceptance of these terms and conditions, including the Policy Documents, which are incorporated by reference. These terms and conditions apply to every User of the Website. In addition, some Services offered through the Website may be subject to additional terms and conditions adopted by Tata Hitachi Dealers. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these terms and conditions by reference
Online purchase and sale. The Website provides an online platform for sale and purchase of the Product offered to the Customers by Tata Hitachi Dealers /Customers pursuant to the terms and conditions set forth herein. Tata Hitachi through the Website platform makes available a variety of Products offered by Tata Hitachi Dealers, or used equipment by its Customer. Purchase and sale of such Products will be subject to these Terms.
All Product and price information, deals and offers related to the Products are provided by Tata Hitachi Dealers /Customers to Tata Hitachi for inclusion on the Website and they are solely responsible for the accuracy of the information, validity of the prices, charges, deals, offers and other information relating to the Products offered on the Website. Separate contracts govern the relationship between Tata Hitachi and Tata Hitachi Dealers for display and sale of their Products on the Website. These Terms do not govern and are not applicable to (and do not amend or modify) the relationship and arrangement between Tata Hitachi and Tata Hitachi Dealers since terms with them are as set forth in such separate contracts.
Tata Hitachi does not endorse or warrant the quality, quantity, stability, use, price or other specifications of the Products offered for sale by Tata Hitachi Dealers /Customers and purchased by the Customers on the Website or for any defects, deficiencies, shortcomings, errors or omissions in relation to the Products. Please make sure You have read the Product listing information before placing an Order
Territory. The Service is available only for Customers in India and any Commissioning /Delivery /Demonstration is made only within the geographical territory of India.
Usage Limits. Tata Hitachi may place reasonable technical or non-technical limitations on the use of the Service by Customer, regardless of whether or not such limitations are communicated to Customer, including but not limited to allocation of bandwidth, computing power, or any other limitation mentioned in Policy Documents or as specified in the Service.
Website Availability. All measures have been taken to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the Internet, this cannot be guaranteed. Further, Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time with or without prior notice
Customer Disclaimer. You acknowledge and undertake that You are accessing the Website and providing Instructions, placing Orders, or otherwise interacting with or transacting on the Website or Service at Your own risk, and that You are using Your best and prudent judgment before undertaking any such activity.
Accounts. You may be required to register and set up an account (“Account”) for using Website by entering Mobile number, an email address and password to sign in ("Account Information"). Tata Hitachi as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The Website will set-up an account and email the details of the Account at the email address provided. You can also create and update an Account through customer support. You can create one Account only and it is not permitted to transfer or interchange such Account to any other person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account information are more specifically dealt under the Website’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.
Misuse of Services. You must not misuse the Website or Service by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by Tata Hitachi. You must not attempt to gain unauthorized access to the Website or Service or content or their related systems or networks. You must not attempt, permit or undertake direct or indirect access to or use of the Website or Service or content in a way that circumvents a contractual usage limit, or use the Website or Service to access or use any of Tata Hitachi's intellectual property except as permitted under these Terms or Policy Documents.
Use of Website. You must not take any action or otherwise engage in (i) imposing an unreasonable or disproportionately large load on the Website; and/or (ii) abusive or excessive usage of the Website or the infrastructure of the Website, which is used significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Website for other users.
Information mining. You shall not, without explicit prior written authorization from Tata Hitachi specifically permitting such an action, perform reverse look-up, trace or seek to trace any information on any other Customer of Website, including any account on the Website not owned by You, to its source, or exploit the Website or any Service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
Compliance with the Terms. You shall be the sole responsible party for Your compliance with these Terms.
Your Orders. You can place an Order for the Product on the Website from respective Tata Hitachi Dealer based on the location of Tata Hitachi Dealer. The details of Tata Hitachi Dealers along with the contact details are available to You in the Website.
The list of Products hosted for sale is provided in the Website and upon clicking on the respective Product model /variant, You are directed to a page providing detailed information of the Product and through which You are enabled to place a request for quotation or get in touch with concerned /respective Tata Hitachi Dealer based on Your location. The statements in the Website and any informational material, as well as Product descriptions, are for information only and not warranty of a particular quality of the purchased Products, unless expressly specified otherwise.
Price. All prices are in Indian Rupees and include Goods & Services Tax (GST). The price is valid when You place Your Order.
Payments. You undertake to make all payments in a timely manner, including but not limited to all applicable taxes, charges and fees as may be specified. We accept payments through a thirdparty payment gateway. The modes of payment offered by such third-party payment gateway may include credit card, debit card, net banking, mobile wallets and/or UPI. The terms and conditions, policies, procedures and guidelines of the Reserve Bank of India, National Payments Corporation of India, and the Third-Party Service Provider including but not limited to payment gateway, bank, mobile wallet, shall be applicable to all transactions undertaken by You. You assume sole responsibility for all risks associated with transfer of money or payments to Tata Hitachi Dealers, whether or not such transfer or payments are done through the use of a thirdparty payment gateway. All disputes regarding delayed payments or failed payments must be resolved with Your own financial service provider such as Your bank, and the third-party payment gateway, if any. Tata Hitachi or Tata Hitachi Dealers shall not be responsible for any failed or delayed payments, loss of information, loss of reputation or any other damages or losses faced by You or any third-party due to the use of such third-party payment gateway.
Advance. An advance at such amount shall be payable by You to the respective Tata Hitachi Dealer based on the category of the Product, on any of the mode of payment specified above. Upon confirmation and acceptance of Your Order by Tata Hitachi Dealer, the Product will be made available for despatch as per Your Order subject to the payment terms indicate in Order acceptance.
Product Commissioning and Demonstration. Tata Hitachi Dealers may offer commissioning and/or demonstration of products sold through the Website. If You purchase a Product through the Website, You may, within such time as may be specified by Tata Hitachi Dealer, request Tata Hitachi Dealers for the Product to be commissioned and/or demonstrated at the address at which the Product was delivered. Unless specified otherwise by Tata Hitachi Dealers at the time of placing of Your Order, Tata Hitachi Dealers reserves the right to charge such fee for Product commissioned and/or demonstration as may be specified in the Order confirmation. Tata Hitachi Dealers reserves the right to restrict Product commission and/or demonstration to specific locations for any reason, including but not limited to distance from the nearest available Tata Hitachi Dealer’s personnel with appropriate tools and training.
Cancellation. No cancellation of the Order is allowed after 24 hours from the time of placement of the Order or once the Order is processed by Tata Hitachi Dealers, whichever is earlier.
Returns. You may raise a return request within 2days from the date of delivery of the Product (Spare Parts only). In the event Tata Hitachi Dealer accepts the return request raised by You, You shall return the Product (Spare Parts only) and the refund shall be processed and credited to Your account. If Tata Hitachi Dealer doesn't process the return request within 30 days from the date of request, such request shall be settled in favor of You. If the Product being returned is not in accordance with the original condition of the Product, then You shall not be entitled to any refund from Tata Hitachi Dealer. Shipping cost for returning the Product shall be borne by Tata Hitachi Dealer, if the return is accepted as per the terms above.
Replacement. Replacement request may be made by You within 48hours from the time of delivery of the Product (Spare Parts only). Replacement request may be made in the below situations:
Upon acceptance of replacement request by Tata Hitachi Dealer, You may return the Product to Tata Hitachi Dealer. If Tata Hitachi Dealer doesn't have the Product in stock, they may provide the refund to You and You shall be obligated to accept the refund in lieu of replacement. All the Product parameters shall be required to be complied with in cases of replacement. If they doesn't process the return request within 15 days from the date of request, such request shall be settled in favour of You.
Prices, Taxes, charges and fees. All prices are in Indian Rupees and include Goods & Services Tax (GST). The price is valid when You place Your order.
Shipment and Delivery. Unless otherwise stated in writing You will get the ordered Products delivered within 10 days of notification from Tata Hitachi Dealer that the Products are ready for delivery. Tata Hitachi Dealer will be under no obligation to make delivery before payment of the price in full. Tata Hitachi dealer will be under no liability whatsoever to You for loss, injury or damage of any kind (including consequential loss of any kind) arising out of delay in or failure to make delivery of the Products by reason of any cause whatsoever, including any act, omission, negligence or wilful default of Tata Hitachi Dealer or its servants or agents, or any breach by Tata Hitachi, its servants or agents of this Agreement.
Product Warranties. The Products sold to You shall be warranted under the terms of standard warranty (“Warranty”) as specified in Annexure A herein.
Title and Risk of Loss. Unless otherwise specified in the respective Order, the property and all risk in the Product shall pass to, and vest in You upon delivery /dispatch thereof.
PLATFORM FOR SALE /PURCHASE OF USED TATA HITACHI EQUIPMENTThe Website also provides a platform for Customers of Tata Hitachi who wishes to sell /buy construction equipment owned by its Customers.
Hosting charges. Hitachi doesn’t charge any user fee for usage, access, registration and listing of used equipment by its Customers which are offered for sale.
Offer listings. Customers shall fill in the request form with all details with respect to the used equipment being offered for sale. Once the request form is complete in all respects, Tata Hitachi will list the same in the Site inviting interests from the Users. The Customer is solely responsible for listing the used equipment is right category for sale.
Ownership of the used equipment. Customer shall be the legal owner and have all the ownership rights with regard to the equipment being offered for sale.
Binding agreement. Customer and user/buyer may enter into separate Purchase /sale agreement, if the offer terms are mutually agreeable to them outside the Website.
Amendment to the Terms of Service. Hitachi reserves the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, its Policy Documents. All changes will be effective once published on the Website. Use of the Website after these changes have been published constitutes Your acceptance of the modified Terms of Service and Policy Documents. Tata Hitachi reserves the right to modify, interrupt, or end at any time any Service, without taking responsibility for the consequences resulting from these modifications, interruptions or ending of these Services.
Third Party Services. Website may also be linked to third party websites and Tata Hitachi / Tata Hitachi Dealers assumes no responsibility for results obtained from the use of these websites.
Intellectual Property. information posted on the Website or the interactive platform should not infringe the intellectual property of any third party. You should not upload, transmit, distribute, display, release, change, spread or copy any material or trademark under copyright protection, or proprietary information of others, without the written consent of the owner. If Tata Hitachi receives appropriate notice from any copyright owner or its legal representative, we will remove the related content after investigation.
Graphics, words and composition involving Tata Hitachi logos appearing in Website, Products or Services are the trademarks of Tata Hitachi. Without written consent, You cannot display or use them in other manners in any way. By no means can any entity or individual use, copy, change, spread, distribute, display, sell, transcribe any part of the trademark or bundle and sell with other Products.
Warranty Disclaimer. The User acknowledges that Tata Hitachi has no control over, and is not duty-bound to take any action regarding which User gain access to the Website, content User accesses or uploads, posts, emails, transmits and /or otherwise contribute via the Website / Services what effects the Products, content may have on User, or any third party how the User may interpret, or use the Products, or what actions User may take as a result of having been exposed to the Products or content. The User releases Tata Hitachi from all liability for the User having acquired or not acquired Products, content through the Website. The Website may contain, or direct User to sites and /or Services containing, information that some people may find offensive or inappropriate. Tata Hitachi makes no representations concerning any content contained in or accessed through these websites, and Tata Hitachi will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the Products, material contained in, or accessed or purchased through these websites. The Services, Products, materials, information, content, Website and /or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or noninfringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products.
Although Tata Hitachi has taken adequate safeguard, Tata Hitachi makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or for the Services or any other website linked to the Website. The User uses this Website or Services at his /her own risk in accordance with our privacy policy.
Changes are periodically made and added to Website and to the information herein. Tata Hitachi, its subsidiaries, affiliates, associate companies, consultants, partners or its respective suppliers may make improvements or changes to this Website at any time.
The Website or Services contain views, opinions and recommendations of the Users of the Website or Services, third party information providers and organizations. The Website does not warrant, represent or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any opinion or other information displayed, uploaded, distributed, posted, emailed, transmitted or otherwise contributed through the Website or Services by anybody other than Tata Hitachi.
You agree to indemnify, defend and hold harmless Tata Hitachi, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the Your access to or use of the Website or the Services, violation of these Agreement, or infringement of any intellectual property or other rights of Tata Hitachi or any third-party. Tata Hitachi will notify You promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, You agree to provide Tata Hitachi with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
To the extent permitted by law, in no event shall Tata Hitachi or any of its directors, officers, employees, agents or consultants, dealers, or service providers (collectively, the “Tata Hitachi Representatives”) be liable to You for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, provision of information via the Website, lost business, even if such Tata Hitachi Representatives have been advised of the possibility of such damages.
In no event shall Tata Hitachi Representatives be liable for:
(a) the use or inability to use the Website or the Services,
(b) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website,
(c) any unauthorized access to or alteration or transmissions of SPI or other user data, or
(d) any other matter relating to the Website or the Services.
Tata Hitachi is neither liable nor responsible for any actions or inactions of the other users of the Website or any breach of conditions, representations or warranties by them. Tata Hitachi is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Website.
None of the directors, officials or employees of Tata Hitachi shall be personally liable for any action in connection with the Website or the Services.
Term- Agreement shall be effective as of the date of Your acceptance of these terms and conditions and shall continue to remain in force until the agreement is terminated in accordance with the terms of this Agreement.
Termination by Tata Hitachi – Hitachi reserves the right to suspend or terminate or restrict /block Website access or its Services in the event of breach of any terms contained in these Agreement, misrepresentation of information, any unlawful activity by You or if Tata Hitachi is unable to verify or authenticate any information submitted by You.
Termination by You - may terminate the Agreement at any time by discontinuing the use of the Website or Services. By terminating the usage or the Agreement You will be obligated to pay for a Product purchased on the Website, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
Compliance with Laws. agree that You shall always use the Products as permissible under such laws and regulations as applicable from time to time, including but not limited to procuring registration /licenses /certifications for the usage of the Products You further agree that the Products, including any software or technology relating thereto, shall not be used for the purposes of disturbing international peace and security, including (i) the design, development, production, stockpiling or any use of weapons of mass destruction such as nuclear, chemical or biological weapons or missiles, (ii) the other military activities, or (iii) any use supporting these activities. In the event of You reselling, exporting or disposing of the Products, it shall comply with all such laws, rules, regulations, restrictions and orders in this regard. Further You shall not re-sell, export, dispose of, license, rent, transfer, disclose or otherwise provide the Products (including software or technology relating thereto) to any third party whether directly or indirectly with knowledge or reason to know that the said third party would engage in the activities described above. In the event of any such transfer or disposal, You shall also obtain the same representations and warranties from the said third party
Severability. any of the provision of the Agreement is held to be invalid, illegal or unenforceable, the same shall be treated as deleted from the Agreement. The validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
Force Majeure. understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, performance of the Service or fulfilment of an Order or Instruction. These occurrences and events include, but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labour problems; pandemic; epidemic; floods; fires; earthquakes; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of Service or ransomware attacks; actions of the elements; or other causes beyond the control of Tata Hitachi in the performance of this Agreement. Upon the occurrence of such event or effect You agree to excuse performance under this Agreement and not hold Tata Hitachi liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.
Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Tata Hitachi's prior written consent. Tata Hitachi may assign this Agreement in its entirety, without Your consent, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns
Relationship between Parties. relationship and all other dealings between Us and You are on “Principal-to-Principal” basis. The agreement does not create any relationship in the nature of employer, agent or other representatives of other party.
Governing Law and Jurisdiction. Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of India without regard to any principles of conflicts of laws thereof. Both parties agree that the competent courts at Bengaluru shall have the exclusive jurisdiction in case of any dispute arising between both the Parties.
Waiver. or delay by us in exercising any right under this agreement shall constitute a waiver of the right.
Customer support and Grievance Redressal Mechanism. any queries You may contact us at the customer support link appearing in the Website or You may contact us at the Tollfree No: 1800 121 6633 or an email addressed to parts@tatahitachi.co.in and tatahitachi@tatahitachi.co.in
Copyright ©. All rights reserved.