Effective Date: 01/11/2025
These Terms & Conditions (“Agreement”) govern all business transactions, sales, and collaborations between Austek India (“Company”, “We”, “Our”) and any distributor, dealer, franchise, or business partner (“Client”, “Partner”, “You”). By entering into business with Austek India, you agree to abide by these Terms and any future amendments made in writing or through our official communication channels.
1. Business Relationship
This is a B2B agreement. All sales and supplies are made to verified dealers, distributors, or business partners for resale and commercial purposes only. No direct consumer warranties or retail protections (like right-to-return policies) apply to B2B purchases unless explicitly stated in writing.
2. Account Registration and Approval
- All B2B partners must be approved by Austek India before purchasing or representing our brand.
- Required documents include GST registration, business license, and identification proof of the authorized representative.
- Austek reserves the right to reject or terminate any partnership that violates our ethical or commercial guidelines.
3. Orders, Pricing, and Payments
- All orders must be placed through authorized channels (website portal, sales representative, or email confirmation).
- Pricing is exclusive of taxes and logistics charges unless explicitly mentioned.
- Payments must be completed via approved modes (bank transfer, UPI, or official invoice link) before dispatch unless credit terms are approved in writing.
- Austek may revise prices without prior notice depending on production cost, import duties, or currency fluctuations.
- Orders are non-cancellable once confirmed and paid.
4. Delivery, Risk & Ownership
- Products are shipped through verified logistics partners to ensure safety and traceability.
- Risk of loss transfers to the Partner once goods are handed to the carrier or logistics partner.
- Ownership of goods passes to the Partner only upon full payment receipt.
- Any shipping damages must be reported within 48 hours of delivery with photographic proof.
5. Product Branding, Marketing, and Resale
- All products supplied under the Austek brand must retain their original packaging, logos, and serial numbers.
- Partners are prohibited from altering, rebranding, or repackaging Austek products without written approval.
- All marketing and promotional materials using the Austek name or logo must follow our brand guidelines.
- Unauthorized brand representation or false claims about Austek products will result in immediate contract termination and potential legal action.
6. Warranty and Replacement
- Each product includes an official Austek India warranty applicable from the date of end-user purchase.
- Dealers are responsible for communicating accurate warranty details to customers.
- Warranty covers only manufacturing defects, not misuse, physical damage, or unauthorized repairs.
- Replacements or credits will be provided only after defect verification at Austek’s service center.
7. Returns and Claims
- B2B sales are final. Returns are not accepted except for verified defective or damaged goods.
- All claims must be raised within 7 business days from delivery.
- Claims require submission of purchase invoice, images, and product batch code.
- Approved claims will be processed within 10–15 business days as replacements or credits.
8. Confidentiality
- All trade information, pricing, documentation, and strategies shared between Austek and its Partners are strictly confidential.
- Partners may not disclose, reproduce, or distribute Austek’s confidential materials without written permission.
- This clause remains valid even after termination of the business relationship.
9. Intellectual Property Rights
- All trademarks, logos, product designs, packaging, and promotional materials remain the intellectual property of Austek India.
- Partners may use these materials only for authorized sales and marketing purposes.
- Unauthorized use will result in immediate legal action and financial penalties.
10. Credit Policy (if applicable)
- Credit terms are offered only after approval based on business history and transaction volume.
- Payment delays beyond agreed terms will attract interest at a rate of 18% per annum on the outstanding amount.
- Repeated payment defaults may result in account suspension and forfeiture of discounts.
11. Limitation of Liability
Austek India’s liability under this Agreement is limited strictly to the value of the goods supplied. We are not responsible for loss of profits, indirect damages, or losses caused by delays, defects, or third-party logistics failures.
12. Compliance & Conduct
- Partners must comply with all applicable Indian laws, including GST, import/export rules, and ethical business conduct.
- Austek reserves the right to terminate agreements if partners engage in illegal, unethical, or fraudulent practices.
13. Force Majeure
Austek India shall not be held liable for any delay or failure in performance caused by natural disasters, government restrictions, labor strikes, pandemics, or other circumstances beyond our control.
14. Termination of Agreement
- Either party may terminate this Agreement with a 30-day written notice.
- Termination may be immediate in case of breach of contract, misuse of brand, or illegal activity.
- Upon termination, all outstanding payments must be cleared immediately, and unsold inventory must be returned or accounted for.
15. Dispute Resolution
- Any dispute or claim arising out of this Agreement shall first be attempted to be resolved amicably through negotiation.
- If unresolved, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
- The venue of arbitration shall be Lucknow, Uttar Pradesh, and proceedings shall be conducted in English.
16. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of India. The courts of Lucknow, Uttar Pradesh shall have exclusive jurisdiction over all disputes.
17. Contact Information
For legal, commercial, or operational queries related to these Terms, contact us at:
Email: legal@austek.shop
Registered Address: Agra, Uttar Pradesh, India