Terms & Conditions

1.1 In these conditions:

1.2 “Abisko” shall mean “Abisko Building Products Private Limited”

1.3 the word “person” shall be deemed to include a corporation, words importing the singular or plural number shall be deemed to include the singular or plural number respectively and words importing the masculine gender only shall include the feminine or neutral gender as the case may require

1.4 “Goods” shall mean Goods agreed to be supplied or supplied by Abisko to the Customer

1.5 “Customer” shall mean a person who purchases the Goods or a person to whom a quotation for supply of the Goods is submitted.

2.1 Deliveries and services of Abisko shall only be effective according to the following Standard Terms and Conditions of Sale unless the parties have provided otherwise in an individual contract. Our services and deliveries are provided exclusively on the basis of these General Terms of Delivery. We do not recognize conditions of the customer which contradict, differ from or are additional to our own, unless we have expressly consented to their validity in writing. These General Terms of Delivery also apply if we unreservedly conduct the delivery/service to the customer in the knowledge of conditions of the customer which contradict, differ from or are additional to our own.

2.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of an offer, invoice or other document of information issued by Abisko shall be subject to correction without any liability on the part of Abisko.

2.3 The provisions of these Standard Terms and Conditions of Sale shall exclusively apply to merchants in the course of business only.

3.1 Offers of Abisko shall not be binding and are merely invitations to place binding orders with Customer.

3.2 A contract is only concluded if an order of Customer has been accepted by seller by issuing a corresponding confirmation of the order. A confirmation of the order which deviates from the order submitted by Customer is deemed to be a new offer of Abisko.

3.3 Any specification, sales literature, quotation etc. shall be strictly confidential and must not be made available to third parties.

3.4 Customer shall be responsible for the accuracy of any order submitted by Customer. Customer shall also be responsible for giving Abisko any necessary information relating to the goods within a sufficient time to enable seller to perform the contract in accordance with its terms.

3.5 In case the goods are to be manufactured or to be processed by seller in accordance with a specification submitted by Customer, Customer affirms that those specifications are free from any third parties’ rights. Any infringement of a copyright, design, trade mark, the right to use a name or any other infringement of third parties’ rights resulting from sellers use of Customers specifications shall be borne by Customer. In case Customer is responsible for the breach of duty Customer shall indemnify Abisko from any claim or title. In this case Customer shall indemnify Abisko from the entire costs of defence or any other losses, damages, costs and expenses resulting from the claims asserted against seller by third parties as a result of the infringement of the above-mentioned rights.

3.6 Abisko reserves the right to make any changes in the specification of the goods which are required to conform to any applicable statutory requirements or, where the goods are to be supplied to Customers specification, which do not materially affect their quality or performance provided that these deviations are customary.

4.1 Prices agreed for delivery within a certain delivery period or for a certain day shall only be valid for such delivery period or day.

4.2 Abisko reserves the right, by giving notice to Customer at any time before delivery, to increase the price of the goods in order to reflect an increase in the costs due to any factor beyond the control of Abisko (such as foreign exchange fluctuation, currency regulation, alteration of duties such as GST, Custom duties, VAT etc.).

4.3 Except as otherwise stated within the order confirmation of Abisko, and/or unless otherwise agreed in writing between Customer and Abisko, all prices are given by Abisko does not include the freight and related costs, Customer shall be liable to pay Abisko charges for transport, packaging insurance and any other applicable charges.

4.4 Prices are exclusive of any applicable GST/ value added tax (VAT). Which will be charged additionally in accordance with the statutory rate valid at the time of issuing an invoice.

5.1 Payment shall 100 % in advance along with Customers order. Abisko shall issue a tax invoice for the goods and services offered.

6.1 Abisko reserves the right to discontinue the manufacture of or change or modify the design and/or construction of, the products sold pursuant to these Terms without incurring any obligation to Customer except a refund for money previously paid for products that are discontinued or modified.

6.2 No products may be returned without ABISKO’s prior written approval, which may be withheld in Abisko’ s sole discretion. If accepted, products must be returned in original packing without any damages and in same condition as it sold to Customer. Return of goods not applicable for materials those are fabricated against special order, Tiles or natural stones. Customers must pay a handling charge, transportation charges and any costs incurred by Abisko to place returned products in saleable condition.

6.3 Orders placed with and accepted by Abisko may not be cancelled or modified except upon Abisko written consent prior to shipment and Customers acceptance of Abisko s cancellation and modification charges.

6.4 Special or non-standard orders are not subject to cancellation or modification.

7.1 Abisko warrants that the goods delivered are free of defects, have the promised characteristics and meet Customer requirements.

7.2 Customer must inspect the goods for any deviations prior to delivery complaints must be sent to Abisko in writing without delay as soon as problems are identified in the normal course of business. Abisko waives the right to object to delayed notification of defects.

7.3 The Customer agrees to indemnify Abisko against third-party claims that a third party may have against Abisko due to product liability and that arise from a defect or error in the delivered product. This indemnification also explicitly applies to reasonable costs associated with a recall.

7.4 No Violation of Legal Norms Abisko warrants that the performance of individual purchase contracts will not result in any legal violations, in particular with regard to compliance with laws, regulations or other provisions of any official authority.

7.5 Warranty for Defects of Title Abisko warrants that all objects subject to purchase contracts are in its full ownership and that there are no conflicting third-party rights (such as liens, other creditors’ rights based on the assignment of claims or other credit securities, sale of claims, hire purchase, conditional sale, etc.).

8.1 In no event shall Abisko’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts paid to seller for the goods sold hereunder.

8.2 In no event shall Abisko be liable to Customer or any third party for any loss of use, revenue or profit or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not seller has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

9.1 Customer agrees to indemnify, defend and hold harmless Abisko, its agents, representatives, employees, officers, affiliates, successors, assigns and customers against any third-party claim and damages arising out of:

9.2 Customer agrees to maintain Workers Compensation and Comprehensive General Liability insurance, including property damage coverage, others as required by Abisko and will provide insurance certificates upon request.

10.1 Customer shall comply with all applicable laws, regulations and ordinances.

10.2 Customer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.

10.3 Customer shall comply with all export and import laws of all countries involved in the sale of the Goods under this Agreement or any resale of the Goods by Customer.

10.4 Customer assumes all responsibility for shipments of Goods requiring any government import clearance. If the products ordered will be exported from the origin, the quoted shipping dates are subject to receipt of all export documents and authorizations. Regardless of the ultimate destination, the prices quoted are based on packing for domestic shipment unless otherwise stated in writing.

10.5 Customer agrees to provide Abisko in writing the ultimate destination and identity of the end-user prior to shipment if the products are to be exported.

10.6 Seller may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on Goods.

11.1 No waiver by Abisko of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Abisko.

11.2 No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof.

11.3 No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

11.4 These Terms may only be amended or modified in a writing stating specifically that it amends these Terms and is signed by an authorized representative of each party.

12.1 Customer agrees that all technical, business, financial and other confidential or proprietary information provided by Abisko is confidential and may not be disclosed without Abisko’s prior written consent.

12.2 Customer

12.3 Nothing in these Terms will restrict the use of information available to the general public.

13.1 Abisko shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Abisko including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13.2 In the event of such delay, the completion date will be extended for a period equal to the time of such delay.

13.3 Abisko may terminate any contract without liability by written notice to Customer if a delay in delivery or performance resulting from the foregoing events will continue for at least 90 days or if the manufacture or sale of goods is or becomes technically or economically impractical.