BRILLIANT Electro Systems Pvt Ltd Terms & Conditions:

 1. General

All orders for products (“Products”) or services (“Services”) will be accepted by Brilliant Electro Systems Pvt. Ltd (“BRILLIANT”) subject to these terms and conditions of sale. Any person who places orders for Products or Services with Brilliant Electro Systems Pvt. Ltd (“Customer”) is bound by these terms and conditions. No other terms will apply to the supply of Products and Services by Brilliant Electro Systems Pvt. Ltd unless agreed in writing by an authorized signatory of Brilliant Electro Systems Pvt. Ltd. BRILLIANT reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions can be found at www.brilliantelectronics.com. References to the “BRILLIANT catalog” include BRILLIANT’s paper catalog, BRILLIANT’s website, and any other catalog of products published by BRILLIANT in any medium.

Descriptions of the Products and Services in the BRILLIANT catalog or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. BRILLIANT shall not be liable to the Customer for any errors or omissions in its catalog. The advertising of products and services in the BRILLIANT catalogue is not an offer capable of acceptance, it merely constitutes an invitation by BRILLIANT for the Customer to make an offer.

BRILLIANT is a business-to-business supplier. BRILLIANT catalog is intended for use by business customers and not for consumers or private individuals.

2. Price

The prices of Products and Services are as set out in the BRILLIANT catalog that is current at the date of dispatch of the Products or provision of the Services. Products which are not listed in the BRILLIANT catalog will be sold at the prices set out in the relevant BRILLIANT quotation. All prices exclude GST. BRILLIANT reserves the right to change prices without prior notice at any time.

3. Ordering

BRILLIANT reserves the right to decline to trade with any company or person and may decline to accept any order. BRILLIANT will not substitute an ordered Product for another unless requested by the Customer, or unless the Product has been superseded by the latest version. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked ‘confirmation only’ to avoid duplication. If the Customer orders the wrong Product or quantity, or duplicates orders, clause 12 will apply.

4. Delivery

Brilliant Electro system has a TAT for delivering the products in 3 - 4 Weeks once the order is made and payment is done. BRILLIANT will aim to deliver Products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out in the current BRILLIANT catalog or will be notified to the Customer at the time of order. Delivery will be made to the Customer’s usual business address unless otherwise agreed in writing. Times and dates for delivery quoted in the BRILLIANT catalog or by BRILLIANT’s employees are approximate only and BRILLIANT shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of Products marked in the catalog as requiring special handling may (because of their nature) take longer to deliver.

5. Inspection, Transit Delays, and Non-delivery

The Customer must inspect all Products as soon as reasonably possible after delivery and shall, within 10 days of delivery or, in the case of (iv), the due date for delivery, give written notice to the BRILLIANT of:

(i) Any defect in a Product that is apparent on reasonable examination. In this case, BRILLIANT shall, at BRILLIANT’s discretion, replace the Product or refund the purchase price.

(ii) Any shortfall in Products delivered. In this case, BRILLIANT shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.

(iii) Any delivery of Products not in accordance with the order. In this case, BRILLIANT shall, at BRILLIANT’s discretion, replace the Products or refund the purchase price.

(iv) Any non-delivery of the Products. In this case, BRILLIANT shall deliver the undelivered Products or refund the price of the undelivered Products.

If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer’s instructions and to have accepted the Products as being free from all apparent defects.

The remedies set out above are the Customer’s exclusive remedies in the circumstances described in paragraphs (i) to (iv) above. BRILLIANT shall not be liable for any other losses, damages or expenses.

 6. Payment

If BRILLIANT has not granted credit to the Customer, payment terms are cash or bank draft drawn on a bank in Mumbai. The entire payment shall be made against delivery or in advance.

Credit terms (subject to satisfactory references and BRILLIANT’s absolute discretion) are available. If credit has been granted, the Customer must pay by the date agreed. All payments must be made without any set-off, deduction or counterclaim.

If any sum is not paid on the due date for payment:

(i) BRILLIANT reserves the right to claim interest from the Customer, such interest to be calculated on the unpaid amount and to accrue during the period such amount remains unpaid, at the rate of 18% per annum. In addition to this, for bounced and/or returned cheques/bank draft the Customer will be charged Rs. 500/- together with additional charges, if any, as determined by BRILLIANT; and

(ii) BRILLIANT may suspend delivery of the Products to be delivered under the order. In addition BRILLIANT shall be entitled to treat the contract as repudiated by the Customer if the Customer fails to pay any such unpaid amount within 14 days of notice by BRILLIANT.

 7. Passing of Risk and Property

Risk of loss of or damage to the Products shall pass to the Customer on delivery. Ownership of the Products shall not pass to the Customer until all sums due to BRILLIANT from the Customer for those Products have been received by BRILLIANT, and until that time BRILLIANT shall be entitled to the immediate return of all Products if the Customer is late in paying any sum to BRILLIANT. The Customer authorizes BRILLIANT and its agents to enter any premises of the Customer and to recover the Products for that purpose.

 8. Product and Availability Information

BRILLIANT reserves the right to discontinue any Product or to change its design at any time. Unless otherwise confirmed, nothing in the Catalogue is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part of them.

9. Warranty

For Products: BRILLIANT warrants that the Products will be manufactured of good materials and with good workmanship. If any Product is defective under this warranty, BRILLIANT will, at its option, replace or repair the Product or refund the purchase price. This warranty is subject to a claim being notified in writing to BRILLIANT within 1 months of the date of dispatch of the Product, or such other longer period as may be indicated by BRILLIANT for specific products from time to time.

For Services: BRILLIANT warrants that the Services will be delivered with good workmanship. If any Service is defective under this Warranty, it will, at its option, either rectify the Service or supply to the Customer free of charge a substitute Product in place of the defectively serviced Product. This warranty is subject to a claim being notified in writing to BRILLIANT within 1 months of the date of the invoice, or such other periods as may be indicated by BRILLIANT for specific Products from time to time.

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of BRILLIANT. The Customer must deal with the defective Products in accordance with BRILLIANT’s instructions.

The Customer must contact BRILLIANT to notify BRILLIANT in advance of the return of any Products and obtain a returns number, to be quoted on all paperwork. Returned Products must be accompanied by an advice note stating the invoice number and the nature of the defect. Where the Customer does not return Products in accordance with this clause 9, BRILLIANT may refuse such Products and return them to the Customer at the Customer’s cost.

The remedies set out above shall be BRILLIANT’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply of Products and/or Services. Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of Products and/or Services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). BRILLIANT will not be liable to the Customer for any loss, damage or liability which arises out of the breach of implied warranties, terms or conditions or breach of any other duty of any kind imposed on BRILLIANT by operation of law. The Customer acknowledges that it is responsible for ensuring that the Products and Services it orders are fit for the purposes for which it intends to use them.

10. Liability

BRILLIANT shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the BRILLIANT technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

BRILLIANT shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between BRILLIANT and the Customer, or of any order accepted by BRILLIANT; (ii) any duty of any kind imposed on BRILLIANT by law; or (iii) any defect in the Products or Services.

If, notwithstanding any provisions of these terms and conditions, any liability attaches to BRILLIANT, BRILLIANT’s liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between BRILLIANT and the Customer, or of any order accepted by BRILLIANT; (ii) any duty of any kind imposed on BRILLIANT by law; or (iii) any defect in the Products or Services, shall be limited in the aggregate to the total value of the order.

11. Cancellations and Returns

The Customer may not cancel orders once accepted by BRILLIANT. However, in some cases, BRILLIANT may, at its discretion and in writing, allow an order to be canceled where there is no fault with the product.  In the event of cancellation of part of any order only, BRILLIANT may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered. All products are returned at the risk of the Customer and BRILLIANT accepts no responsibility for any loss of or damage to them.

In the event, that the material is dispatched to the BRILLIANT office for return without prior approval, the BRILLIANT may refuse to accept the return and return the products to the Customer at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.

12. Refund Policy

Refund against the In Invoice will be made directly in the bank account of the customer through NEFT/RTGS within 10 days of return approval, In case of any queries Customer can reach us directly by mailto:hiren@brilliantelectronics.com

13. Rights in the Catalogue

The Customer acknowledges that BRILLIANT and its licensors own the intellectual property rights in the catalogue, the catalogue content and the stock numbers, and that their whole or partial reproduction without BRILLIANT’s prior written consent is prohibited.

14. Privacy and Customer Information

BRILLIANT may disclose, on a confidential basis, the Customer’s and its employees’ details to organizations working on behalf of BRILLIANT for the proper fulfilment of orders.

BRILLIANT may send to the Customer and its employees details of other products and services that may be of interest. If the Customer or its employees do not wish to receive details of these other offers, or wish to amend or correct their details, then they should contact the BRILLIANT marketing department either in writing at Brilliant Electro Systems Pvt. Ltd, 710, Dev Plaza, 7th Floor, Opp. Fire Station, Andheri (West), Mumbai – 400058, India, by telephone on +91-22-26201408, 26719475 or by email on sales@brilliantelectronics.com.