Terms
TERMS
Last updated January 01, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Bluelan Networks (‘Company’, ‘we’, ‘us’, or ‘our’). Our VAT number is CONTACT US FOR THIS INFORMATION .
We operate the website http://www.bluelannetworks.com (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).
You can contact us by phone at +9108048544060, email at website@bluelannetworks.com, or by mail to 29, 9th Cross Road, Cubbonpet, , Bangalore, KA 560002, India.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Bluelan Networks, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. SUBSCRIPTIONS
8. RETURN/REFUNDS POLICY
9. SOFTWARE
10. PROHIBITED ACTIVITIES
11. USER GENERATED CONTRIBUTIONS
12. CONTRIBUTION LICENCE
13. SOCIAL MEDIA
14. THIRD-PARTY WEBSITES AND CONTENT
15. ADVERTISERS
16. SERVICES MANAGEMENT
17. PRIVACY POLICY
18. TERM AND TERMINATION
19. MODIFICATIONS AND INTERRUPTIONS
20. GOVERNING LAW
21. DISPUTE RESOLUTION
22. CORRECTIONS
23. DISCLAIMER
24. LIMITATIONS OF LIABILITY
25. INDEMNIFICATION
26. USER DATA
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
28. CALIFORNIA USERS AND RESIDENTS
29. MISCELLANEOUS
30. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable licence to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: website@bluelannetworks.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– Discover
– PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
__________
Cancellation
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at website@bluelannetworks.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
8. RETURN/REFUNDS POLICY
All sales are final and no refund will be issued.
9. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement (‘EULA’), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided ‘AS IS’ without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
11. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
12. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
13. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network Content’) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
15. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
17. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://bluelannetworks.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India. Bluelan Networks and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Bangalore, India. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
30. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Bluelan Networks
29, 9th Cross Road, Cubbonpet,
Bangalore, KA 560002
India
Phone: +9108048544060
website@bluelannetworks.com
Terms & Conditions of Sale
- APPLICABLE CONTRACT PROVISIONS
1.1. “Buyer” means the entity issuing the Order, and any affiliates, subsidiaries, successors or assigns thereof. “Seller” means the person, firm or company to whom the Order is addressed. “Materials” means all the products and/or services to be supplied by Seller under the Order. “Order” means the purchase order issued by Buyer for the supply of Materials, which may be an oral communication or a written or electronic document, and may also include particular shipping instructions and/or other specifications required by Buyer for the Materials. 1.2. These terms and conditions, together with the Order, constitute an offer by Buyer to purchase the Materials from Seller pursuant to the terms and conditions described herein. This offer is not an acceptance or a confirmation of any previous offer or proposal from Seller, and this offer shall be deemed to be a rejection and counteroffer with respect to any previous offer or proposal from Seller. Acceptance of any shipment of the Materials shall not be construed as an acceptance of any such previous offer or proposal or an acceptance of any different or additional terms proposed by Seller. 1.3. This offer shall become an “Agreement” upon acceptance by Seller. Seller shall be deemed to have accepted this offer by commencement of performance called for in the Order, by delivery of the Materials to Buyer, by written acceptance or confirmation of this Agreement, or by any other act or communication constituting legal acceptance, whether or not any such acceptance or confirmation purports to state terms additional to or different from those stated herein. Buyer hereby expressly objects to and rejects any such additional or different provisions, and none of such provisions shall be deemed to be a part of this Agreement unless specifically agreed to in writing by Buyer. 1.4. Acknowledgement of receipt of order must be sent to Buyer within 7 working days from the date of order and in the event of non-receipt thereof within the period stipulated it would be treated as acceptance of the order.
- PRODUCT WARRANTY
2.1. The said good/services processed and delivered by the Supplier shall be made out of good quality bought out components/materials, as acceptable to the Purchaser and it should have standard/excellent workmanship and fit for their intended purpose. 2.2. Where the said goods/services delivered by the Supplier to the Purchaser is according to sample as well as certain specification/description, if any, the said goods/services actually processed and delivered, shall match not only with the said sample, but also with the said specification/description as specified, intended & approved by the buyer. 2.3. If deficiency is identified before or during the transfer of risk or during the Guarantee Period set out in Clause -10 the Supplier must at its own expense and at the discretion of the Purchaser either repair the deficiency or provide re-performance of the Services or replacement of delivery. This provision also applies to delivery subject to inspection by sample test. The discretion of the Purchaser shall be exercised fairly and reasonably. 2.4. Should the Supplier fail to rectify (i. e. repair or replace) any deficiency within a reasonable time period set by the Purchaser, the Purchaser is entitled to: cancel the order in whole or in part without being subject to any liability for damages; or undertake itself any repair at the expense of the Supplier . 2.5. If the Supplier provides subsequent service or repairs, the Guarantee periods for such service or part as set out in Clause -10 shall begin to run once again from the date of repair or replacement of the defective goods or services.
- PURCHASE PRICE AND TERMS OF PAYMENT.
3.1. Materials shipped against this Agreement shall be invoiced at the Price set forth in the Order. Unless otherwise specified on the Order, payment of the purchase price shall be due as per the Purchase order or as may be mutually decided between the parties, after the later of Buyer’s receipt of Seller’s correct invoice for such shipment or the date on which the Materials are received by Buyer. Seller agrees that it will take no adverse action against Buyer for any invoices not paid resulting from Seller’s failure to obtain or clearly reference purchase order numbers on the applicable invoices. 3.2 The purchase price for the Materials shall be ex-works. The Purchase Order issued by the buyer shall include all taxes, customs duties, customs fees or other governmental charges, if any, additional at the time of dispatch of the material. Buyer shall, however, pay for any taxes that it is statutorily required to pay. Seller shall provide Buyer with documentation satisfactory to Buyer that establishes Buyer’s statutory liability to pay such taxes. If Seller fails to provide such documentation, Buyer shall not be obligated to pay any such taxes. 3.3 Seller shall be responsible for all shipping and insurance costs, including without limitation, packing, crating, cartage and freight costs on the basis of mutual consent or as may be specified in the purchase Order. 3.4 Buyer may set off any amount owing at any time from Seller to Buyer or any of its affiliates against any amount payable at any time by Buyer. 3.5. Each delivery challan/ Tax-invoice should relate only to one purchase order and addressed to Buyer, clearly mentioning purchase order number, proper code & description of the material as mentioned in the Purchase order of Buyer, quantity of the product supplied and other required information. Tax-Invoice along with inspection report/ self-certification certificate as applicable and other supporting documents should accompany all supplies. Failure to comply with these instructions would delay receipts of the products and ultimate settlement of the vendor’s bills.
- SHIPMENT AND DELIVERY.
4.1 Seller shall deliver the Materials on mutual consent to the place designated for shipment by Buyer in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by the Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Buyer, and any rightful rejection or revocation of any Materials by Buyer shall immediately shift the risk of loss of such Materials, wherever located, to Seller. 4.2 All items shipped shall be properly identified with Buyer’s purchase order number and any purchase order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or export requirements. 4.3 Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Buyer’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute a waiver of any of Buyer’s rights hereunder. 4.4. Delivery time is the essence of this order and must be strictly adhered to. If the Supplier fails to deliver the goods in time, the Purchaser will allow the extension of 4 weeks (unless otherwise agreed) to the supplier on the basis of reasons of such delays mentioned by the supplier may: (a) Treat the order as cancelled at any time and recover any loss or damage from the Supplier; (b) Purchase the goods ordered or any part thereof from other sources on the Supplier’s account, in which case, the Supplier shall be liable to pay the Purchaser not only the difference between the price at which such goods have been actually purchased and the price Calculated at the rate set out in this order, but also any other loss or damage the Purchaser may suffer; (c) Without prejudice to above provision, unless otherwise agreed between the parties, Purchaser may accept late delivery, subject to a deduction in payment of 1% of the total order price for every week or part thereof of the delay, towards liquidated damages, subject to maximum deduction of 10% of the order price.
- SUPPLY QUALITY ASSURANCE
5.1 The vendor shall provide Supply Quality Assurance which entails free access to authorized representatives of Buyer for the purpose of inspecting facilities, infrastructure, tools, raw materials and manner of manufacture at the site of the vendor. The product should be manufactured by using the specified raw material and processed with proper process following all the specified/ implied parameters as per requirement of Buyer 5.2 All material supplied must critically meet required quality standards of Buyer as per samples, drawings and specifications wherever applicable and/ or any other related instructions. Payments/ Advance for merchandise prior to inspection shall not be considered to be an acceptance of unsatisfactory or defective merchandise and the vendor shall reimburse to Buyer immediately for any payment made by Buyer against such purchase order together with the cost incurred if any, in connection with the return of such merchandise.
- SELF CERTIFICATION
The supplies should be made on self-certifications by vendors along with metallurgical reports & test certificate as applicable. If Buyer finds that the quality of the product supplied by the vendor/supplier is not to the satisfaction of Buyer or received in a damaged or broken condition, then the product shall be rejected and returned to the vendor at vendor‘s cost.
- PACKAGING
7.1 The product should be properly packed in a manner so as to avoid any kind of damage and/or formation of rust during transportation or storage and as may be specified by the buyer or in its purchase order. 7.2 The product should be marked and tagged with identification labels.
- FORCE MAJEURE
8.1 The Parties shall be under no liability for failure to accept the deliveries & supplies of goods, if such acts of failure are due to any act of God, fire, earthquake, floods, or any natural calamities or transportation embargoes, civil commotion, riots, violence, acts of terrorists, state enemies, or any other similar reasons or circumstances beyond the control of the either party. 8.2. Such occurrences shall be informed in writing by the either party to other party.
- BILLS/CHALLAN
The bills for supplies must be submitted in triplicate duly bearing the Supplier’s GST numbers, supported with the required forms as specified in the order and showing the description of material, quantity, Purchase Order no. Supplier code number, challan no. and date, GR Number with date and value wherever applicable.
- GUARANTEE
Unless otherwise agreed, the Supplier shall be bound to repair/replace free of cost any materials/goods/assets/services processed and supplied by him, which become defective due to faulty design, material or workmanship or any other reason within 18 months from the date of completion of final installation & commissioning or 24 months from the date of delivery whichever is earlier. In all such cases the to and fro freight and insurance charges will be to the Supplier’s account.
- NON- PERFORMANCE
11.1. The Purchaser reserves the right to cancel this order or any portion thereof if supplies do not conform to the specifications and/or if deliveries are not made as Stipulated. The dispute will be settled as per the clause 17 of these terms & conditions of Purchase. 11.2. In addition, the Purchaser shall have the right to purchase/avail the goods/services ordered or any part thereof from other sources on the Supplier’s account, in which case the Supplier shall be liable to pay the Purchaser not only the difference between the price at which such goods have been actually purchased and the price calculated at the rate set out in this order, but also any other loss or damage the Purchaser may suffer.
- INDEMNITY
12.1 Supplier/ vendor undertakes and confirms that it would take all necessary and required actions to prepare for ensuring compliances under the Goods & Service Tax, Act (GST). In case the Supplier fails to comply with any of the applicable provisions of GST including but not limited to compliance relating to any action or omission on the part of Supplier by which Buyer gets entitled to benefit of input credit under GST but because of the default on the part of Vendor/ Supplier, Buyer incurs any direct or indirect cost, expense, loss, levy, penalty, interest, additional burden of tax etc. then the same shall be recovered from the Supplier by way of recovery and/ or deduction from any amount payable to the Supplier by Buyer. The buyer can claim the said amount from the Supplier at any point of time when Buyer incurs and/ or suffers or assumes that it would incur/ suffer the said extra cost, expense, loss, levy, penalty, interest, extra burden of tax etc. Supplier shall immediately pay to Buyer without any protest and/ or delay, if Buyer demands any amount from the Supplier under this clause. 12.2 In view of the Anti-Profiteering Provisions under the Goods and Service Tax (GST) Laws, Supplier undertakes and confirms to perform a financial analysis of GST Impact on his business and pass on all benefits to Buyer arising to the Supplier on account of additional credits getting accrued to Supplier under GST and on account of any reduction in the GST rates of his inputs and the products supplied by him to Buyer. The said benefit needs to be passed by the Supplier in the form of reduction of prices. In case, Supplier is found in default for not passing on the benefits of additional credits to Buyer by reduction of prices, Buyer can claim the said amount from the Supplier at any point of time without any limitation of time along with interest at the rate of 18%. Supplier shall immediately pay to Buyer without any protest and/ or delay, if Buyer demands any such amount from the Supplier under this clause” 12.3 Seller agrees to indemnify and hold Buyer harmless from and against any and all liabilities, costs, losses or expenses, including reasonable attorneys’ fees, incurred or suffered by Buyer as a result of or in connection with Seller’s breach of any of its obligations hereunder. b. Seller agrees to indemnify and hold Buyer harmless from and in respect of any damages, losses or expenses which Buyer may suffer or incur (including reasonable attorneys’ fees) arising out of, relating to or concerning any claim, action or allegation that any of the Materials (or the use of same in an intended manner) infringes any patent or intellectual property rights claimed by any third party; provided that Buyer shall notify Seller in writing of any such claim, act or allegation promptly after learning of the same and shall assist and cooperate in the defense or settlement thereof. Such defense or settlement shall be at Seller’s sole expense, and Seller shall pay all damages and costs finally awarded against Buyer as a result of any such suit or proceeding. 12.4 Seller or service provider agrees to indemnify and hold Buyer harmless from and against any and all harm, injury, and severe loss, disability to the seller / Service provider or its personnel working at the office and factory premises during the working hours and the affected will be compensated by the seller/service provider without affecting the company any way. 12.5 Seller or service provider shall at all times indemnify & keep indemnified the company, its officers, employees & representative from all or any claims, losses, demands, damages etc., which the company, its officers, employees & representatives may or likely to suffer by reason of acts, defaults, deeds, things, omission & commission committed by the seller or service provider while performing the conditions of the purchase order/work order, as the case may be.
- SECRECY & DATA PRIVACY
13.1. If for the contractual work/goods/services the Purchaser furnishes the Supplier with any drawings, dies, discs, documents etc. or these are made by the Supplier himself, the same shall be kept strictly confidential by the Supplier and shall be used by it only for the contractual work. 13.2. On demand by the Purchaser at any time or on completion of the contractual work, the Purchaser’s drawings, dies etc. shall be returned forthwith by the Supplier to the Purchaser. The Supplier shall under no circumstances, allow the drawings, dies, etc. made for the contractual work to be used by a third party. The Supplier shall also not make supplies of the articles made with the help of these drawings, dies, etc. to any party other than the Purchaser. 13.3 In the course of Purchaser’s dealings with Supplier, Purchaser may collect personal information of the Supplier, its employees, directors and officers. 13.4 The Purchaser may disclose and transfer personal information of the Supplier, its employees, directors and officers to regulators and to its customers, suppliers, contractors, employees, service providers and affiliated companies. Supplier, its employees, directors and officers may access and seek correction of personal information held by Purchaser about them upon written request. Such disclosure of information are strictly in adherence with confidentiality and prior approval will be taken by the purchaser from the supplier. 13.5 The purpose of such data collection, use, disclosure and transfer of such personal information is to enable the Purchaser to comply with the law and to conduct its business including without limitation supply of equipment and services to its customers; processing the purchaser order; making payments; maintaining and analysing its vendor data base; and to perform credit, compliance and other checks.
- CODE OF CONDUCT
The Supplier is obliged to comply with applicable legal systems in force & the Supplier’s Code of Conduct attached herewith as annexure-A.
- GENERAL PROVISIONS
15.1 Rejection Of Samples 1) Should the samples of the product submitted by the vendor be rejected more than twice, it is the discretion of Buyer to cancel the purchase order without assigning any further reasons and without Buyer being liable to pay any cost that may have been incurred by the vendor towards the manufacturing of the product. Such rejection of samples will be communicated in writing to the vendor who shall make arrangements at their own costs and expenses for immediate removal of the rejected samples. If the rejected samples are not removed beyond 15 days of receipt of the written communication by the vendor, it shall be considered as a waiver of proprietorship rights of the vendor on all such rejected samples. 2 ) The decision of rejection of the samples of the product by Buyers hall be final and binding on vendor. 15.2 Rejection Of Products 1) In case of rejection of any product(s) due to defects or inferior quality, the decision of Buyer shall be final and binding. 2) The vendor after being intimated about rejection of material/ goods supplied by it shall be fully responsible for collecting/ making arrangements for collection of the rejected material from the premises of Buyer within 7(seven) working days for Local suppliers and Fifteen days 15) working days in case of outstation suppliers. 3) Buyer reserves right to destroy the material at supplier/ Vendor’s cost, in case of failure on the part of Vendor to collect the rejected material/ goods within the time stipulated in clause 2 above. 15.3 This Agreement shall constitute the complete understanding and contract between Seller and Buyer with respect to the subject matter hereof and supersedes any prior written or oral understandings with regard thereto. No purported amendment, modification or waiver of any provision of the Agreement shall be binding on Buyer unless set forth in a written document signed by an authorized representative of Buyer. Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term of the Agreement between Seller and Buyer or of the same circumstance or event upon any recurrence thereof. 15.4 Seller may not assign or subcontract any of its rights or obligations without Buyer’s prior written consent. Seller is responsible for the performance or non-performance of any subcontractor and will indemnify, defend and hold harmless Buyer from and against all claims, actions, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising from any subcontractor’s acts or omissions. 15.5 In the event of any terms and conditions given by the Supplier are at variance with these terms and conditions, then these terms and condition shall prevail. However if there is any valid contract subsisting between the parties then the agreed contractual terms and conditions will supersede the general terms of the PO, in event of any conflict or otherwise. 15.6 If any provision hereof is held to be unenforceable by the final order of any court of competent jurisdiction, such provision shall be severed here from and shall not affect the interpretation or enforceability of remaining provisions hereof.
- TERMINATION
In addition to other rights and remedies the Purchaser may have, the Purchaser may terminate this order in case of breach of any terms and conditions of this order by the Supplier. However, provided that Supplier’s breach is capable of remedy, Purchaser’s right to terminate is subject to the proviso that such breach has not been remedied by the Supplier within a reasonable grace period set by the Purchaser. The Purchaser shall be entitled to terminate this order by giving 30 days’ Notice to the Supplier in that behalf, without assigning any reason therefore. All the obligations undertaken prior to such termination shall survive. After receipt of such a notice, the Supplier shall not process the said products and forthwith hand over all the machines/tools/drawings etc. which are in the Supplier’s custody, along with the product processed by the Supplier and remaining the Supplier’s custody. The Purchaser may at any time instruct the Supplier to suspend part or all of the supply and/or services of goods. During suspension the Supplier, without any cost to the Purchaser, shall protect, store and secure such part or all of the work or goods against any deterioration, loss or damage or other losses. All work so stopped shall be resumed by the Supplier based on a schedule to be mutually agreed upon between the Purchaser and the Supplier. It is further agreed between the parties that breach of this order shall, at the option of the Purchase, constitute breach of the other order/s with the Supplier, which will confer a right on the Purchaser to terminate the other order/s also at the risk and cost of the Supplier.
- DISPUTE RESOLUTION/ JURISDICTION
17.1 All disputes arising out of or in connection with this order, including any question regarding its existence, validity or termination, shall, unless amicably settled between the parties, be finally settled by arbitration. The parties shall mutually agree and appoint a sole arbitrator. Notwithstanding to what is stated above, if the parties cannot mutually agree on arbitrator within 4(four) weeks from the date of invocation of arbitration, then the Arbitrator shall be appointed in accordance with rule of Arbitration and Conciliation Act 1996. The arbitration proceedings shall be conducted as per the Arbitration and Conciliation Act 1996, and any modifications thereto and re-enactments thereof. The seat of arbitration shall be Bangalore, State of Karnataka. The language to be used in arbitration Proceedings shall be English. 17.2 Each party submits to the jurisdiction of courts of Bangalore, State of Karnataka for the purposes only of compelling compliance with the above arbitration provisions and for enforcement of any arbitration award made in accordance with the above provision.
SUPPLIER CODE OF CONDUCT
This supplier Code is applicable to all ‘Suppliers’ (‘Suppliers’ herein refers to suppliers / Service Providers /Vendors/agents/consultants/contractors/joint venture partners / Third Parties) who have business relationship with ‘Bluelan Networks Private Limited’ (‘BNPL’ herein refers to the Company and its Associates). The Supplier Code of Conduct sets forth minimum workplace standards and business practices that are expected of any Supplier doing business with BNPL, consistent with our company’s values & its Code of Conduct provided in the schedule-I. A. The Suppliers: 1. Shall comply with applicable laws for the protection of fair & open competition & shall ensure Compliance to all government norms (local and international) on Statutory Compliances such as Environment Protection, Minimum Wages, Child Labour, Forced Labour, Bribery, Anti-Bribery, Corruption, Health & Safety, etc. 2. Suppliers shall ensure a safe work environment and minimize physical and chemical hazards through proper design, engineering and administrative controls, preventative maintenance, and safe work procedures as well as on-going safety training & shall follow all Environments, Health and Safety and other operational policies of the Company while executing the work under this agreement/ contract. 3. Shall not take any recourse to any unethical behaviour (implicit or explicit) with any employee of BNPL for the purpose of obtaining an order or any information that may result in a favourable financial impact. More specifically: – Shall not offer or accept bribe or use other means of obtaining undue or improper advantage. No supplier, or its representatives or employees, shall offer to any employee of BNPL a kickback, favour, gratuity, or anything of value to obtain favourable treatment or for the advancement of business. – Shall not offer any gift or entertainment for the purpose of obtaining an order or undue favour. – Shall not take any advantage of any family/ social/ political connections in obtaining favour with regard to any order. Merit shall be the sole attribute of association with BNPL. 4. Shall treat employees with dignity and respect and will not engage in or permit corporal punishment, threats of violence, or other forms of harassment whether based on gender, race, colour, religion, ethnicity, age, sexual orientation, national origin, disability, or any other legally protected characteristic or no any unethical activity or discrimination shall be reported by any BNPL employee/ other suppliers. 5.Must obtain the appropriate Registration & Licenses from relevant regulatory bodies in order to have authentic business transactions in India as well as abroad. 6. Shall prohibit any and all forms of corruption, extortion, and embezzlement by its employees, officers, directors or agents & shall adhere to standards of fair business, advertising, and competition. 7. Comply & apply all the provisions of the code to all subcontractor(s) to the supplier, providing goods or services to the supplier. The Supplier Code of Conduct shall be cascaded down to all sub-tier subcontractors. The supplier is fully responsible for ensuring compliance by any such subcontractor(s) as if it were the supplier itself. BNPL reserves the right to audit the supplier’s sub-contractors for compliance to BNPL’s Supplier Code of Conduct and supplier will accommodate BNPL’s audit as required. 8. Shall desist from unfair trade practices with your competitors who are also associated with BNPL. 9. Shall protect/ not infringe with any BNPL intellectual property/ information/ technology which comes to your knowledge during your business relationship/ dealings with BNPL. Transfer of technology and know-how shall be done in a manner that protects intellectual property rights. 10. Supplier or service provider agrees to indemnify and hold BNPL harmless from and against any and all harm, injury, and severe loss, disability to the seller / Service provider or its personnel working at the office and factory premises during the working hours and affected will be compensated by the seller/service provider without affecting the company any way. 11. Supplier or service provider shall at all times indemnify & keep indemnified the BNPL, its officers, employees & representative from all or any claims, losses, demands, damages etc., which the BNPL, its officers, employees & representatives may or likely to suffer by reason of acts, defaults, deeds, things/ products, omission & commission committed by the seller or service provider while performing the conditions of the purchase order/work order, as the case may be. B) Event of Violation: BNPL expects its suppliers to comply with the conditions of the Supplier Code in letter and spirit. It is the Suppliers responsibility to read and understand the contents of BNPL’s Supplier Code and agree to uphold its values during your business association with BNPL. However, in the event of violation, Supplier shall promptly report to BNPL notice of known breach of this Code and implement a corrective action plan to cure the non-compliance within a specified time period (furnished to BNPL in writing). If the supplier fails to meet the corrective action plan commitment, BNPL may terminate the business relationship, including suspending placement of future orders and potentially terminating current production. BNPL reserves the right to hold supplier responsible for reasonable costs of investigating non-compliance. Please contact the concerned Head commercial/ Managing Director/Director if you have any questions about the Supplier code. To be signed by Supplier:
DISCLAIMER
Last updated January 01, 2026
The information provided by Bluelan Networks (“we,” “us,” or “our”) on http://www.bluelannetworks.com (the “Site”) and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
ACCEPTABLE TERMS OF USE
Last updated January 01, 2026
Use of the Services
When you use the Services, you warrant that you will comply with this Policy and with all applicable laws.
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Engage in unauthorised framing of or linking to the Services.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorised script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Sell or otherwise transfer your profile.
- Engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of any Services, other than as expressly permitted by this Policy, without the prior written consent of Bluelan Networks, which consent Bluelan Networks may grant or refuse in its sole and absolute discretion.
- Reconstruct or attempt to discover any source code or algorithms of the Services, or any portion thereof, by any means whatsoever.
- Provide, or otherwise make available, the Services to any third party.
- Intercept any data not intended for you.
- Damage, reveal, or alter any user’s data, or any other hardware, software, or information relating to another person or entity.
- any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Services; or
- any other content, materials, or data you provide to Bluelan Networks or use with the Services.
- you are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Policy;
- all your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts);
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and
- you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Policy.
- is in breach of applicable laws, regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;
- is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
- is false, inaccurate, or misleading;
- includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors;
- contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- promotes violence, advocates the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;
- is obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);
- is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
- bullies, intimidates, humiliates, or insults any person;
- promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
- infringes, or assists anyone in infringing, a third party’s intellectual property rights or publicity or privacy rights;
- is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone else than you;
- contains unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been ‘paid for’, whether with monetary compensation or in kind; or
- misrepresents your identity or who the Contribution is from.
- items that promote, encourage, facilitate, or instruct others how to engage in illegal activity
- cigarettes,
- controlled substances and/or other products that present a risk to consumer safety, narcotics, steroids, drug paraphernalia,
- specific knives or other weapons regulated under applicable law,
- firearms, ammunition, or certain firearm parts or accessories,
- certain sexually oriented materials or services,
- certain items before the seller has control or possession of the item,
- stolen goods,
- products or services identified by government agencies to be highly likely to be fraudulent, and
- any transaction or activity that requires pre-approval without having obtained said approval.
- breach this Policy, please email us at website@bluelannetworks.com, or refer to the contact details at the bottom of this document to let us know which Service, Content, or Contribution is in breach of this Policy and why
- infringe any third-party intellectual property rights, please email us at website@bluelannetworks.com
CONDITIONS OF CARRIAGE
1. GENERAL
1.1. The aim of the General conditions for carriage of goods by road is:
1.1.1.to give interpretations on the processes which are regulated by legislation with regard to provisions which allow different interpretations, including:
acceptance of contractual liability by parties;
time and place of the transfer of liability (consignor – carrier) for goods in the transport chain;
specification of the term ‘reasonable time’ for different activities (including loading and carriage times);
to develop understanding of terminology.
1.1.2. to regulate the processes in the transport chain which are not regulated by legislation .
1.2. These conditions shall apply, unless agreed otherwise.
1.3. These conditions have been drawn up proceeding from the following legal acts:
Requirements of the revision of the Law of Obligations Act effective at the time of conclusion of the contract for carriage,
Requirements of the Convention on the Contract for the International Carriage of Goods by Road (CMR),
Regulation No. 81 of the Minister of Roads and Communications of 28 September 2000 and the amendments thereof, the ‘Rules for loading and securing of consignments for carriage of goods by road’ laid down in the Regulation No.56 of 29 August 2002, and the European Union standard CEN 12195-1:2003 (E) on the assurance of safety for the carriage of goods,
and the conditions are in conformity with the General Conditions of the Estonian Freight Forwarders Association effective at the time of carriage.
1.4. Regulations and other legislations of general application listed in point 1.3 shall apply for areas not covered by these General conditions for carriage of goods by road.
2. TERMS
2.1. Consignment
Consignment means the goods which are sent by the same consignment note from the same place of departure to the same destination by the same consignor to the same consignee using the same vehicle.
2.1.1. Packaging unit
Packaging unit means an inseparable amount of goods in transport packaging.
2.1.2. Transport packaging
Transport packaging is used for simplifying the handling of goods and ensuring of safety during the carriage of goods. Transport packaging shall enable fixed securing of goods in the freight space.
2.1.3. Small package
Small package means a consignment the gross weight of which does not exceed 35 kg and which includes one packaging unit. The length of the packaging unit of a small package does not exceed 2 m, and the length + circumference does not exceed 3 m.
2.1.4. Parcel consignment
Parcel consignment means a consignment the gross weight of which does not exceed 99 kg and it consists of three small packages as a maximum.
2.1.5. Small consignment
Small consignment means a consignment the estimated gross weight of which is below 2,500 kg and the carriage of small consignments generally involves transhipment.
2.1.6. Partial load
Partial load means a consignment the estimated gross weight of which is 2,500 kg or more and in addition to which there is space for and it is possible to load more consignments into a vehicle, and transport generally does not involve transhipment.
2.1.7. Complete load
Complete load means a consignment which fills the total freight space, has the maximum authorized weight for the specific vehicle, otherwise the consignor shall pay for the use of total freight space. Transport generally does not involve transhipment.
2.1.8. Consolidated (combined) consignment
Consolidated (combined) consignment means handling of different consignments as one single consignment at some stages of the carriage of goods.
2.2. Estimated gross weight of consignment
The calculations of estimated gross weight are based on the highest of the following indicators:
– gross weight of consignment (weight of consignment plus packaging and transport equipment)
– 1 m3 (Cbm) = 333 kg
– 1 ldm (running loading metre of freight space) =1,850 kg
2.3. Loading place
Loading place means the address indicated in the consignment note where the loading or unloading of consignment would take place.
2.4. Loading
Loading includes the loading or unloading of consignment at the sides or back of the vehicle. Loading means the loading of consignment into vehicle at loading place, not further than 6 metres of the vehicle, appropriate stowage and securing of load. Unloading means the unloading of consignment from vehicle and placing it next to the vehicle or loading bay at the distance of no further than 6 metres.
2.5. Loading time
Loading time is calculated from the moment the vehicle arrives at the loading place and the carrier hands over a copy of the consignment note to the consignor or informs of the arrival of the vehicle for loading.
Loading time is over when the goods are loaded or unloaded and the signed copy of the consignment note has been returned to the driver, other necessary carriage documents have been handed over, if necessary, and the vehicle is ready for departure (i.e. the box body is closed, the canopy secured and, if necessary, sealed).
2.6. Vehicle
Vehicle is a truck or trailer used for carriage of goods.
2.7. Freight space
Freight space is the part of vehicle which is used for carriage of goods. Freight space is a part of vehicle or a separate space (e.g. trailer, container) for stowage and securing of goods for the time of carriage.
2.8. Consignor
Consignor is a person who orders transport services and is responsible for the payment of carriage charges.
3. CONTRACT FOR THE CARRIAGE OF GOODS. CONCLUSION OF THE CONTRACT AND ORDERING OF CARRIAGE SERVICES
3.1. Contracts are made by using generally the form (offer/acceptance) provided in the articles 9 and 10 of the general part of the Law of Obligations Act.
3.2. A contract is deemed concluded, with accompanying liability to the parties, when the acceptance reaches the carrier and upon acceptance of it by the carrier.
3.3. The transport order is deemed accepted when it is in conformity with the offer or with the conditions of an earlier agreed long-term contract, otherwise the offer shall be deemed as a new offer (counteroffer).
3.4. In the case of new offer (counteroffer) the contract is deemed concluded after receipt of the acceptance of transport order confirmation or at taking over of freight for carriage.
3.5. The order shall be presented in a format which can be reproduced in writing and shall include the following information:
1) consignor company, address, phone, contact person;
2) information on loading place:
– loading place, time, contact person and phone;
– unloading place, time, contact person and phone;
3) information on consignment:
– description and type of packaging,
– in the case of dangerous goods UN number and group of packaging (if available);
– number of packaging units;
– gross weight of goods or the expression of the quantity of goods in other units of measurement;
– other conditions with regard to handling of goods;
4) notation on the payment of carriage charge;
5) the amount of ‘cash on delivery’ on agreement of ‘cash on delivery’ charge;
6) instructions for possible customs clearance of goods and for other statutory operations related to goods;
7) special conditions for vehicles (temperature requirements, special requirements regarding dangerous consignments, tailgate lift, side loader, etc.).
The consignor is responsible for the correctness of submitted data and shall annex to the consignment note necessary export documents and/or associated documents and/or instructions regarding the consignment.
3.6. If the consignor wants the carrier to be the intermediary for arranging the goods in transit insurance for the consignment, the requirement shall explicitly be expressed in the written order.
3.7. Conclusion of the contract for carriage is confirmed in the consignment note signed by the consignor and carrier or it can be done in the manner of equivalent legal force by signing the contract using information technology instruments.
3.8. The contract for carriage will assume free traffic conditions without any hindrance and the possibility to perform carriage on drivable roads with necessary load carrying capacity.
3.9. The following consignments shall be taken for carriage only by special agreements (contracts):
valuables;
consignments requiring special equipment or security solutions for carriage arrangements, loading or securing;
consignments without or with insufficient packaging;
consignments which might damage other consignments;
consignments exceeding the height of 2 metres, the length of 6 metres or the breadth of 2.40 metres;
consignments which cannot be transported with other goods although the quantities and route would allow it;
consignments which cause different than usual load distribution (axis load, position of the centre of gravity, etc);
livestock;
plants;
goods sensitive to temperature fluctuation;
consignments which are graded as dangerous substances;
consignments for which time-limits of loading and delivery are agreed (time guarantee);
Consolidated consignments;
mail;
carriage of documents accompanying consignments (except for mandatory documents required by legislation – e.g. documents of hazardous consignments);
consignments of increased risk (tobacco, alcohol, mobile communication equipment, IT equipment, etc);
consignments which do not allow handling with conventional handling devices (counterbalance forklift trucks, pallet trucks) during carriage;
medicinal products and pharmaceuticals.
3.10. The instructions and related guidelines effective for the carriage of foodstuffs and dangerous (ADR) goods are applied with regard to the carriage of foodstuffs and dangerous (ADR) goods.
3.11. In the case of carriage of goods outside normally scheduled working hours (8.00- 17.00 on working days) and other special carriage of goods (including removal, containers, etc) carriage conditions are agreed on a case by case basis.
3.12. Time-limits for carriage are binding if the carrier has explicitly confirmed it in a format which can be reproduced in writing.
4. CONSIGNOR’S DUTIES, LIABILITY AND AUTHORITY
4.1. The consignor shall create conditions for handing over of the consignment to the carrier and for taking over of goods from the carrier, including ensuring access to the loading place, drivability of access road and conformity of the loading place with the following requirements:
– a possibility to stop for loading;
– the loading bay shall have hard cover, smooth surface, without gradient and steps;
– the hold shall be in the field of visibility of the carrier or the security of the vehicle shall be guaranteed, etc .
4.2. The consignor shall compensate all costs occurring as a result of accessing the loading place (paid entry, paid parking, costs for releasing goods in customs warehouses, ports, railway stations and airports, other charges and official expenses).
4.3. Packaging and marking of consignment
Considering the type and agreed manner of carriage, the consignor shall package the goods in a way that the consignment is protected against loss and damage and will not cause loss to the carrier.
4.3.1. The packaging of consignment shall enable the consignment to be transported with other consignments, i.e. it shall not damage other consignments or the vehicle and shall allow loading of other consignments on top of it to the extent of the total height of freight space, unless it is complete load or it has been agreed otherwise.
4.3.2. Each packaging unit of the consignment shall be packaged by the consignor into a transportable package in a manner which will allow securing of consignment in the freight space and will ensure preservation of goods during loading and carriage. Similarly, the packaging shall ensure the stability of load until it reaches its destination and will exclude shift of the centre of gravity of load. Small consignments, which can be stowed on standard pallets due to their characteristics, shall be stowed on pallets.
4.3.3. Each packaging unit shall be marked by the consignor and for identification of the consignment it shall include the following legible information:
necessary data for identification of the consignor
necessary data and address for identification of unloading place (of consignee, if necessary);
internationally recognised warning signs;
warning expressed by words;
weight of packaging unit;
number of packaging unit;
dimensions of packaging unit, if necessary.
Marking is not required for carriage of a complete load from one consignor to one unloading place of one consignee.
4.4. The consignor assumes the loading and securing obligation of partial load and complete load if transfer of consignment takes place in the freight space. Generally the carrier is obligated to be present at loading. The carrier may assist the consignor in the loading process, in such a case he will act in the name and responsibility of the consignor.
4.5. When a canopy trailer is used for carriage, the carrier shall open the cables, sideboards and tailboard of the freight space, and if necessary, lift the canopy at the sides and/or at the back. If the consignment cannot be loaded without taking down the canopy, the consignor shall remove and then put back the top, frame and canopy of canopy trailer following the instructions of the carrier.
4.6. The consignor shall load the consignment per one vehicle within the time limits of maximum loading time included in the loading price as follows (based on estimated gross weight):
Parcel consignment up to 10 min
Small consignment up to 20 min
If loading lasts longer, it will be recorded in the consignment note and each started 15 minutes shall be paid for separately.
In the case of partial loads and complete loads:
Consignment with estimated gross weight of 2,5 t – 5 t up to 30 min
Consignment with estimated gross weight over 5 -10 t up to 45 min
Consignment with estimated gross weight over 10 t up to 45 min for each 10 tons
If loading lasts longer, it will be recorded in the consignment note and each started 30 minutes shall be paid for separately.
If more than one consignment is loaded at the same loading place, the calculations of loading time will proceed from the total estimated gross weight.
4.7. The consignor may refuse to transfer the consignment to the carrier:
if the vehicle prepared for the consignor by the carrier is not in compliance with the requirements of the ordered vehicle with regard to load carrying capacity, maintenance, holding capacity and/or equipment of freight space, thus excluding the possibility of meeting the conditions agreed in the contract for carriage of goods;
if the vehicle was not ready on the agreed date, time and place.
The consignor who terminates the contract for carriage of goods for the reasons stated above is entitled to compensation for the proven material damage caused to him, but not more than the amount of agreed carriage charge, if the failure to perform obligations by the carrier was caused by the circumstances which could not be controlled by the carrier.
The consignor has a right to refuse the ordered carriage until the time when the carrier starts to fulfil the order. If the carrier has started to execute the order and the order is cancelled, the carrier is entitled to get compensation which would cover his reasonable costs, but not more than the amount of agreed carriage charge.
5. CARRIER’S DUTIES, LIABILITY AND AUTHORITY
5.1.Carrier’s duties during loading.
– The carrier shall check the appearance, marking and the number of packaging units of consignment and will verify the accuracy by comparing it to the information presented in the consignment note. If it is not possible to check them or the information does not correspond to the information presented in the consignment note, the carrier will make a reasoned notation about it on all the copies of the consignment note.
– The carrier shall load small packages and parcel consignments, and the named consignments shall be delivered (from hand to hand) to the place on the ground floor of the building designated by the consignor.
– If possible, the carrier will load small consignments. The carrier is responsible for his activities in the freight space and at the tailboard. If the carrier participates in the loading process outside freight space, he will operate in the name and responsibility of the consignor.
5.2. The carrier shall ensure the availability of harnesses, considering 1 harness for each pallet row, plus 2 harnesses for the last row. If the character of consignment requires special securing equipment or additional harnesses, the consignor will be responsible for the availability thereof; if agreed, the carrier may assist in acquiring additional securing equipment.
5.3. The carrier has a right to choose an appropriate vehicle, freight space and transport route for the carriage of consignment, and at his discretion he may use direct transport or transhipment.
5.4. The carrier may refuse the carriage assignment:
if the consignor cannot hand over the consignment at the earlier agreed time, place or conditions, and the carrier’s refusal is justified by other tasks which will not allow him to postpone taking over of the given consignment or when it is not possible any more to meet the delivery terms (time-limit) presented in the contract for carriage;
if the consignor does not confirm the notations made by the carrier on the consignment note.
The carrier who terminates the contract for carriage of goods for the reasons stated above is entitled to compensation for the costs incurred, but not more than the amount of agreed carriage charge, if the failure to perform obligations by the consignor was caused by the circumstances which could not be controlled by the carrier.
5.5. If the consignee refuses to receive goods at the unloading place, the carrier has a right to claim compensation from the consignor for additional expenses.
5.6. If the consignor wants to re-address the consignment without unloading it from the vehicle, it would mean making of a new contract for carriage of goods. The carrier has a right to refuse to make a new contract and he may require unloading of the consignment.
5.7. If the carrier notices at some stage of the carriage that the gross weight of the consignment is higher than declared by the consignor, he has a right to unload the excess load immediately at the expense and risk of the consignor.
5.8. If the gross weight of the consignment does not exceed the limits of estimated gross weights provided by legislation of general application, carriage of the load exceeding the estimated gross weight declared in the consignment note will be paid for by double tariff.
5.9. The consignor shall compensate the carrier all fines and fees collected from the carrier in connection with incorrect indication of gross weight of the consignment or other incorrect information given about the consignment.
5.10. The carrier has a right to unload the consignment immediately, to have it stored, collected or destroyed at the expense of the consignor, and the consignor will have to cover the cost incurred on the following occasions:
1) it is discovered during carriage that the load contains dangerous substances or hazardous waste, the carrier was not correctly informed of before taking over of the consignment from the consignor;
2) the consignor had not supplied the carrier with all necessary documents for carriage of dangerous goods, including packaging certificates required by shipping companies if the vehicle or container is transported for a period by sea;
3) it is found that the classification, packaging and/or marking of dangerous goods is not in conformity with rules applicable to their carriage.
5.11. The carrier shall refuse to follow any instructions of the consignor which would lead to the violations of rules regulating driving time and speed or working and rest time of the driver.
6. PAYMENT FOR CARRIAGE
6.1. The carriage and related service charges and expenses shall be paid by the time of handing over of goods, unless agreed otherwise.
6.2. The consignor, as the person giving the assignment to the carrier, irrespective of the agreement on payment of carriage charges, shall pay for carriage and other taxes if the carrier has not redeemed the consignment or has refused to pay carriage charges, or is incapable of making the payment for carriage. Carriage charges for perishable goods or consignments of low value shall be paid in advance.
6.3. If the work assignment accepted by the carrier is interrupted under circumstances not controlled by the carrier (e.g. strike, work stoppage), the carrier has a right to receive compensation for his work performed and costs incurred.
6.4. Carriage charges are calculated individually for each consignment according to its estimated gross weight. Carriage charges shall be calculated by running meters of the freight space in the case of consignments which are difficult to load because of their different shape or inferior quality of packaging and when the conventional make-up of load is impossible together with other consignments.
6.5. Actual consignment data is taken into account for calculation of carriage charges.
6.6. The gross weight of consignment, on which carriage charges are calculated is rounded up as follows:
Parcel consignments with the accuracy of 1 kg;
Consignments of estimated gross weight under 1000 kg – with the accuracy of 10 kg;
Consignments of estimated gross weight over 1000 kg – with the accuracy of 100 kg.
6.7. Supplementary charges and other payments
– In addition to actual carriage charges, other expenses arising during carriage are collected according to effective price lists or actual costs (including payments for additional securing equipment and payment for the return of the signed consignment note).
– Supplementary charges are prescribed for the carriage of consignments which fully or partially contain dangerous substances.
– Reward of waiting is collected for exceeding the time limit for loading.
– Sending of written reminders may be for pay according to the carrier’s price list.
– The consigner is not allowed to calculate set-off even when the consignor has claims on the carrier.
– All costs incurred in the collection of invoices not paid on time shall be covered by the debtor.
– If the limitation date of the exercise of claim has arrived, the creditor has a right to encumber the movables of the debtor in his possession by a pledge.
6.8. ‘Cash on delivery’ charge. The carrier shall undertake the responsibility for supervision of the collection of ‘cash on delivery’ charges only with prior written agreement and when the carriage documents of the consignment bear notation about it and the amount and method of payment of the ‘cash on delivery’ charge is explicitly indicated and defined. The carrier has a right to require additional payment for it, as well as covering of all related additional costs