Terms of Services - AIC-ADT Baramati Foundation

•Terms of Services

These Terms of Services (“Terms”) for Fabricating Customer specific Jobs (Job), shall form a binding agreement between AIC-ADT Baramati foundation and you (“You” or “Your” or “User”) and shall govern your access to /use of the AIC-ADT Baramati foundation online services website, https://services.aicadtbaramatifoundation.org/ (the “Site”) and services that are offered by AIC-ADT Baramati foundation through the portal, including accessing AIC-ADT Baramati foundation online services (“Services”).

By submitting the required information, you agree to the Terms and Conditions of AIC- ADT Baramati foundation Prototyping Services.

AIC-ADT Baramati foundation may modify these Terms at any time. We will update the “Last Updated” date at the top of the Terms. Such modifications shall be effective immediately for new orders/users and for existing orders/users after fifteen (15) days of posting such modified version on the Site.

The “Effective Date” of these Terms is the date you first access the Services.

1. By submitting the information in the service request form the user agrees to all the Terms of Services.

2. Posting the Request for Quote/ Placing an order: User must submit the specifications and request for a quote (“Request for Quote/Inspection”) through the Site to fabricate the Job (“Job”) based on your Specifications.

3. User is responsible to ensure that all information/ specifications provided in Request for Quote is /are accurate and complete.

4. AIC-ADT Baramati foundation will accept your Request for Quote and shall e-mail/ order status in my account page ,you a Quote which includes an estimate of the Fees to fabricate your Job, the quantity of Jobs to be produced, the delivery date, the shipping terms, and taxes etc. (“Quote”). Any Job that requires special tooling or equipment to fabricate it, will incur additional fees.

5.AIC-ADT Baramati foundation may inform you to, revise your Request for Quote or to make an adjustment to your Specifications or a non- acceptance of your request for Quote stating that AIC-ADT Baramati foundation is unable to undertake the assignment to fabricate your Job.

6.Unless otherwise explicitly stated on the Quote/order status in my account page /order page , the quote expires after thirty (30) days of the date of issuance.

7. The User shall accept the Quote by a reply mail/ my account/ my order page.

8. AIC-ADT Baramati foundation shall share the Bank details/sending an online payment request through my order page once the quote has been accepted by the User, to which the complete payment of the fees as per the quote has to be made.

Work Order

9. On receipt of the Fees the Order will be placed with AIC-ADT Baramati foundation.

10. AIC-ADT Baramati foundation will, subject to the terms herein, fabricate, or have fabricated, Job in accordance with the Specifications. AIC-ADT Baramati
foundation shall not fabricate the Job until the Fees for the same as per the Quote is received.

11. User is solely responsible for ensuring that the Specifications given with your Request for Quote are accurate and complete before you accept the Quote and before paying for it.

Cancellation of Order

12. SINCE EACH ORDER IS CUSTOM FABRICATED, USER MAY NOT CANCEL AN ORDER ONCE IT HAS BEEN PLACED.

13. AIC-ADT Baramati foundation reserves the right to cancel the Order after it has been issued. Cancellation may be due to (a) a defective file which contains the Specifications, (b) the Job is not manufacturable, as determined by AIC-ADT Baramati foundation, (c) that there are no Fabricating Partners available to fulfil your Order, or (iv) other reasonable reasons, as determined by AIC-ADT Baramati foundation .

14. In case AIC-ADT Baramati foundation cancels your Order, AIC-ADT Baramati foundation will notify you by sending an email/ in my order status page and a refund 100% (5 to 7 days) of the fees will be made to the User for such cancellation.

Changes to the Order

15. If AIC-ADT Baramati foundation determine that the fabrication of the Job is impossible, economically impracticable, or is likely to have an adverse impact on the resulting Job, AIC-ADT Baramati foundation can make a request by email to change the Order or Specifications (“Change Order”).

16. User hereby agrees to respond to the Change Order request within one (2) business day from the date of the request made, failing which AIC-ADT Baramati foundation may cancel the Order and proceed according to section 15.

Fees, Payment Terms and Taxes

17. User agrees to pay AIC-ADT Baramati foundation the fees and charges set forth in the Quote together with applicable shipping and handling fees (together, the “Fees”). Fees must be made fully in advance by the mode or one of the modes specified in the Quote.

18. Any additional fees related to the Order, Change Order, shipping and handling fees or any other additional fees incurred after the Order date will be collectively referred to herein as “Additional Fees”.

19. If the Additional Fees, is not timely received by AIC-ADT Baramati foundation , it may (a) stop prototyping and all Services under these Terms (b) delay shipments until payment, or assurances of payment satisfactory to AIC-ADT Baramati foundation, are received.

20. Interest at the rate of eighteen percent (18%) per annum shall be paid to AIC- ADT Baramati foundation for any late payments of additional fees from the date of accrual to the date of payment.

21. In the event of an increase in material costs (i.e. in excess of 3% of the original fees) to fabricate the Job after a Quote has been issued, AIC-ADT Baramati foundation shall notify User at the soonest of such increase. Within five (05) business days of such notification User and AIC-ADT Baramati foundation shall negotiate in good faith the price increase. If the price increase is agreed upon, AIC-ADT Baramati foundation will send Change Order to Your provided Email ID within one (01) business day of the negotiation. You must respond to the Change Order in two (02) business days. If You and AIC-ADT Baramati foundation are not able to agree to a price increase, AIC-ADT Baramati foundation may cancel the Order and proceed according to section 14.

22. AIC-ADT Baramati foundation does not issue any refunds under any other circumstances except as in section 14 after you have accepted the Quote and made the payment.

Delivery

23. AIC-ADT Baramati foundation will use commercially reasonable efforts to deliver the Job on or before the Delivery Date specified in the Quote /Order /order Page. Methods of delivery may be by:

Courier (3-10 days )
Standard shipping (3-15 days)
Local Pickup at AIC-ADT Baramati foundation’ office at

AIC- ADT Baramati Foundation

Post Box No. 35 (Malegaon Col.),

Sharadanagar, Baramati,

Pune, Maharashtra – 413115, India

All Jobs will be delivered or mailed to the delivery destination identified in the Order.

24.AIC-ADT Baramati foundation shall not be liable for any costs, expenses or damages incurred as a result of any Force Majeure Event including any delay caused by the shipper or any other cause beyond AIC-ADT Baramati foundation’s reasonable control. AIC-ADT Baramati foundation will notify you by an email if the Job cannot be shipped by the Delivery Date and shall specify a new Delivery Date.

Returns

25. Upon receipt of the delivery of the Job, it is User’s responsibility to inspect the Job carefully. If you believe the Job does not materially comply with your Specifications (“Defective”), please let us know as soon as possible and obtain a return merchandise authorization (“RMA”) from us. You must return such a Job to us within seventy-two (72) hours of the Delivery Date of such Job together with an applicable RMA at the User’s cost.

26. Upon inspection if we reasonably believe such Job is Defective, AIC-ADT Baramati foundation shall either.

Repair or refabricate the Job and deliver it to you at no additional charge, or
Refund you all payments received for Defective Job.
If, however, we reasonably determine that the Job is not Defective, User must reimburse AIC-ADT Baramati foundation for any and all costs, fees, and expenses required to inspect such a Job.

27. If you request changes to or refabricate of a Job that is not Defective or beyond the warranty period, you shall raise a request by an email, for which a quote will be shared by AIC-ADT Baramati foundation. The acceptance, fees payment, shipping charges and other conditions as applicable to a new job shall apply.

Subcontracting and Fabricating Partners

28. Upon acceptance of the Quote after receiving Fee, AIC-ADT Baramati foundation will fabricate the Job, or subcontract with one or more of its Fabricating Partners to have the Jobs fabricated for performance of AIC-ADT Baramati foundation’s obligations hereunder. You expressly consent to AIC- ADT Baramati foundation’s use of any Fabricating Partners or subcontractors (“Fabricating Partners”) that AIC-ADT Baramati foundation deems necessary and appropriate in connection with the performance of AIC-ADT Baramati foundation’s obligations hereunder.

29. User acknowledges and agrees that AIC-ADT Baramati foundation may share your Specifications and all information provided by you with our Fabricating Partners in order to process your Order, fabricate your Jobs or perform the Services.

IPR and other information

30. As between User and AIC-ADT Baramati foundation, you own all right, title, and interest in and to your Specifications, including the copyrights, moral
rights, trademark rights, patent rights, trade secret rights, and any other form of Intellectual Property Rights (“IPRs”) recognized in Indian jurisdiction, including applications and registrations for any of the foregoing IPRs relating to your Specifications.

31. All the information and Specifications including drawings provided by User, files created in the prototyping machine software etc. will be deleted by AIC- ADT Baramati foundation after the delivery of the Job as per the Order or Change Order.

32. Subject to the Terms, you hereby grant to AIC-ADT Baramati foundation right to use your Specifications, including Intellectual Property Rights, to fabricate your Job and to transfer your Specifications and Intellectual Property Rights to a Fabricating Partners within the AIC-ADT Baramati foundation network solely to enable such Fabricating Partners to make the Job and to perform the obligations set forth in the Order.

33. AIC-ADT Baramati foundation provides the Services described herein to multiple customers. You acknowledge that existing, planned or future Jobs that are developed or fabricated by AIC-ADT Baramati foundation may be competitive with your Jobs. You agree that nothing (including, but not limited to, accepting these Terms or obtaining your Specifications) will preclude AIC- ADT Baramati foundation, by implication or otherwise, from developing or fabricating, or from licensing, marketing, promoting, or distributing, any other Jobs (“AIC-ADT Baramati foundation Jobs and Services”), whether or not such AIC-ADT Baramati foundation Jobs and Services are substantially similar to or competitive with the Jobs we fabricate or the Services we provide for you.

Limitations of Liability

34. User shall be solely liable for the compliance with the territorial laws with respect to the specifications for the fabrication of the Job.

35. User agrees that you will not violate any applicable law, contract, intellectual property right or other third party right or commit a tort and you are solely responsible for your conduct while using our Services.

Prototyping Restrictions

36. AIC-ADT Baramati foundation, in its sole discretion, reserves the right to refuse to fabricate any Jobs which are illegal to produce. This includes, without limitation:

(a) Counterfeit parts or parts that violate another company’s IPRs;
(b) Parts for illegal weapons (ex. Assault weapon parts, switchblades, firearms etc.); and
(c) Parts that would otherwise violate any law enforceable in the territory of the Union of India.

37. AIC-ADT Baramati foundation, in its sole discretion, reserves the right to refuse to fabricate any Jobs that are intended to be used directly or for the development of a device that could be used to cause harm or damage to property or person.

Miscellaneous Terms

38. AIC-ADT Baramati foundation reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events: User breaches any terms and conditions of the Agreement or
contravenes applicable laws; or A third-party reports violation of any of its rights as a result of your use of the Services.

39. Publicity – You consent to AIC-ADT Baramati foundation’s use of your name and logo (and, if applicable, your company’s name and logo) on the Site and our publicly-available printed materials, identifying you (and, if applicable, your company) as a user of the Services.

40. Severability – If any provision of the Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of the Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by the Terms is not affected in any manner adverse to any Party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the Parties will negotiate in good faith to modify the Terms so as to affect the original intent of the Parties as closely as possible, in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

41. No solicitation – From the date of the earliest Request for Quote made by you until the latest actual Delivery Date for your Jobs, and for 12 months thereafter, you will not directly or indirectly, without the prior written consent of AIC-ADT Baramati foundation, solicit, recruit or hire AIC-ADT Baramati foundation’s employees, Fabricating Partners, suppliers, partners or other third parties that AIC-ADT Baramati foundation works with to provide the Services, or in any manner attempt to persuade, encourage or induce any such persons to discontinue their relationship with AIC-ADT Baramati foundation.

42. Severability – If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

43. Order of Precedence – (a) In the event of any conflict between these Terms and a Quote, the Quote issued by AIC-ADT Baramati foundation shall supersede and control to the extent of any such conflict. (b) In the event of any conflict between these Terms and a Master Service Agreement (or its contractual equivalent) between you and AIC-ADT Baramati foundation, the Master Service Agreement shall supersede and control to the extent of any such conflict unless otherwise expressly stated in such Master Service Agreement.

44.Privacy – Please see AIC-ADT Baramati foundation’s Privacy Policy for information about how AIC-ADT Baramati foundation collects, uses, and discloses information about users of the Site and AIC-ADT Baramati foundation Platform. AIC-ADT Baramati foundation’s Privacy Policy is incorporated herein by reference and is a part of these Terms.

45. NO DISPARAGEMENT – The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party.

46.LIMITATION OF LIABILITY – In no event, including but not limited to negligence, shall AIC-ADT Baramati foundation, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for: provision of or failure to provide all or any Service by the user any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; any unauthorized access to or alteration of your transmissions or data or any other matter relating to the Website or the Service.

Feedback, Questions, Claims –

If you have any questions or claims with respect to the Site, please contact us at: fmservices@aicadtbaramatifoundation.org. We will make reasonable efforts to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. In the event you elect to provide any suggestions, comments, or other feedback with respect to AIC-ADT Baramati foundation, the Services or the Site (collectively, “Feedback”), such Feedback will constitute confidential information of AIC-ADT Baramati foundation. Further, you acknowledge and agree that AIC-ADT Baramati foundation will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of Intellectual Property Rights or otherwise.

CONTACT US

If you have any questions about these Terms, please contact us at:

Operational address-

AIC- ADT Baramati Foundation

Post Box No. 35 (Malegaon Col.),

Sharadanagar, Baramati,Pune,

Maharashtra – 413115, India

Phone number – +91 8669911299

Email address-

1. fmservices@aicadtbaramatifoundation.org

2. aicadt@adtbaramati.com