Terms and Conditions for Schillerindia.com Shopping

Welcome to the Schillerindia.com Shopping service provided by Schiller Healthcare India Pvt. Ltd. The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of Schillerindia.com Shopping by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. You can use the Schillerindia.com Shopping Services if you  agree to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding between you and Schiller Healthcare India Pvt. Ltd. (for Schillerindia.com Shopping).

Applicable Law

This site is created and controlled by Schiller Healthcare India Pvt. Ltd. (Schiller India) in Mumbai India; as such the laws of India shall apply; courts in Mumbai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Schiller India reserves the right to make changes to the site and the terms, conditions and disclaimers.

Definitions:

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, notated, supplemented, varied or replaced from time to time."

"Schillerindia.com"/ "Site" means the online shopping platform owned and operated by Schiller Healthcare India Pvt. Ltd. ("Schiller India"), which provides a venue to the users of Schillerindia.com to buy the products listed on Schillerindia.com Shopping.


"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on Schillerindia.com Shopping by placing an order for and or purchases any products offered for sale on Schillerindia.com Shopping.

"User"/ "You" means and includes you and/or any person or an entity using or accessing the services provided on this Site.

"Equipment" means Medical Equipments e.g. ECG Machines,

"Consumables" means

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Current, complete and accurate:

If you provide any information that is untrue, inaccurate not current or incomplete or Schiller India has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Schiller India has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Schillerindia.com Shopping.

You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Schiller India.

 
You shall notify customersupport@schillerindia.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

WARRANTY TERMS AND CONDITIONS:

The above equipment is warrantied under normal usage against defects in workmanship and materials to the original purchaser for a period of 12 months from the date of installation or 15 months from the date of despatch, whichever is earlier, provided the following conditions are met.

01.   This warranty will be valid if warranty card with all the required information i.e. purchaser's name and address, date of purchase, model and serial number, date of installation is lodged with the company within 30 days of the date of purchase. The company will issue confirmation of warranty card receipt. This confirmation along with this copy of warranty card must be presented with the product when service during warranty period is required.

02. This warranty is void if the product has been damaged after delivery by any cause

      whatsoever. This warranty is also void if the product is damaged due to mishandling,      

      Failure to follow instructions as per operation manual, repair by unauthorised personnel,  

Improper safe keeping or operating the same in the environment not suitable to it as 

explained in clause 4.

      03. This warranty is void if consumables and accessories such as paper rolls, patient cables,   

etc used are not approved or supplied by Schiller Healthcare India Pvt. Ltd. either directly

or through its Authorised Dealers.

      04. This warranty is void if proper earthing, power supply of 230V AC within + 5 % variation,

            temperature between 100 C & 400 C without condensation, humidity between 20-85%

            does not exist. This warranty is also void, in case machine is stored near places like water 

            heaters, humidifiers, refrigerators, heat sources, dust atmosphere, direct sunlight, 

            improper ventilation, where the temperature and humidity is different from one above

            mentioned.

05.    During warranty period free repairs/service will be provided by Schiller Healthcare India

            Pvt. Ltd. or the Authorised Service Dealer, at their service centres only, except where

            specifically agreed in writing. The company's decision in the matter as to whether the

            replacement of any part has been necessitated as a result of wear and tear will be final

            and binding.

     06. The Purchaser has to deliver and collect the unit from the nearest servicing point    

           at his cost to avail of service under warranty except when specifically agreed in writing 

           by the company. Service rendered to the equipment as a result of misuse, improper             

            repair by unauthorised persons will be charged.

07.   This warranty shall not operate or, be constructed to cover any claims in respect of    consequential losses of whatever nature, either from malfunction or otherwise and, shall be limited only to the replacement of defective parts as a result of any defect manufacturing within the warranty period.

08.   This warranty does not cover the replacement of accessories such as the following, unless they are proved to be of faulty material or workmanship, at the time of delivery.

      -      Patient cable, LCD/CRT display, sensors of any type, lead wires, electrodes,

             rubber straps, recording papers, jelly, pneumotacho sensors, filters, mouthpieces,
             nose clips, power cord etc.

      -      Plastic moulded and rubber parts like belts, gears, cabinet etc.

-          All mechanical parts like trolley, wall mounts, stands, and rests.

         08a.  The thermal print head will be covered under warranty, if only if purchaser uses

                  Schiller certified thermal paper.

   09.    The warranty expressly provided for herein, is for the sole warranty provided      

             in connection with the product and no other warranty, expressed or implied, is

                  provided. Supplier assumes no responsibility for any other claims, not specifically      

             stated in this warranty.  

   10.    Upon expiry of this warranty period, all servicing will be undertaken by Schiller 

            Healthcare India Pvt. Ltd. as per the prevailing service terms.

11.        It is also a condition of this warranty that the service engineer will service or repair the equipment, only during the normal working hours of the Company.

12.        Force Majeure

Neither the purchaser nor Schiller Healthcare India Pvt. Ltd. shall be liable to the other for any delay in or failure of performance of their respective obligations under this agreement caused by occurrences beyond the control of Purchaser or Schiller Healthcare India Pvt. Ltd. ( as the case may be) because of fire, floods, earthquakes, power failures or reductions, acts of God, acts of the public enemy, wars, insurrections, riots, labour disturbances, strikes, lockouts, go-slows, sabotage, accidents to machinery.

13.        The warranty is void if seal affixed on the locally manufactured products is broken.

14.        The company shall be released from all obligations under the warranty, in the event of repairs/modifications being carried out by unauthorised person.

15.        The warranty is not transferable.

16.        Warranty is subject to the jurisdiction of Puducherry.

17.        Warranty on PC, printer and other OEM products as per the third party supplier's terms.

18.        Schiller developed software as per the company's software support policy.

19.        Any kind of tampering in the date of installation or date of despatch e.g. applying white ink & overwriting will make warranty void.

Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the Schillerindia.com Shopping services. Schillerindia.com provides the online shopping platform wherein the Users can purchase/buy the products listed on Schillerindia.com Shopping (the "Services") pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or Schiller India may terminate the service at any time, with or without cause. However, Schiller India reserves the right, in its sole discretion, to terminate your access to the Schillerindia.com Shopping services and the related services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.

Modification of Terms and conditions of Service:

Schiller India may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

Registration Data:

To avail of and use the Services you will have to register with Schillerindia.com Shopping. As a part of registration process you agree to provide Schiller India Shopping current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it.

Electronic Communication:

Users consents to receive communications from Schiller India electronically. Schiller India will communicate with Users by email or by posting notices on the Site.

Online Shopping Platform:

You agree, understand and acknowledge that Schillerindia.com Shopping is an online shopping platform, a venue enabling the users to buy any product listed on Schillerindia.com Shopping at the price indicated on the terms and conditions indicated therein at any time from any place.
 
You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.


 
All orders shall be pre-approved with an acceptable method of payment as established by Schillerindia.com Shopping which may call for and require additional verification or information.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

After the receipt of payment from the Buyer, Schiller India shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

Credit card details

You agree, understand and confirm that the credit card details provided by you for availing of services on Schillerindia.com Shopping will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Schiller India.com Shopping. Further the said information will be not be utilized and shared by Schiller India Shopping with any of the third parties unless required by law, regulation or court order.

Confirmation:

You understand, declare and agree that:

• Schiller India shall be responsible to deliver the items to the Buyer within the time period specified for delivery.
• Schiller India shall be solely responsible for any undelivered or damaged items.
• Schiller India shall be solely responsible to make good the loss or damage or any claim raised by the Buyer in respect of damaged or non-receipt of items.
• Schiller India shall be responsible to deliver the products/items of the same quantity and same qualities as are listed on the Schillerindia.com Shopping and that such products shall correspond with the description of the items listed on Schillerindia.com Shopping.
• Schiller India shall invoice / bill directly to the Buyer.
• Complete product responsibility and liability solely vest with Schiller India who  is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer.
  
  

Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to Schiller India Shopping, Schiller India Shopping may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

• If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of Schiller India Shopping;
• If the User has provided wrong, inaccurate, incomplete or incorrect information;
• If your actions may cause any harm, damage or loss to the other Users or Schiller India Shopping.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Schillerindia.com  Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity:

User agrees to defend, indemnify and hold harmless Schillerindia.com Shopping, Schiller India, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

Limitation of Liability

SCHILLER INDIA HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. SCHILLER INDIA EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT SCHILLER INDIA RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL SCHILLER INDIA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SCHILLERINDIA.COM  SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SCHILLER INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE SCHILLER INDIA SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SCHILLER INDIA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SCHILLER INDIA SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCHILLER INDIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.