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This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of Gainwellindia.com website.
These Standard terms and Conditions on sale and after sale services (“T&C”) shall constitute the terms, rights and liabilities arising out of the sale and purchase of Cat® products including spare parts (“Product”), through this website by any Purchaser from GAINWELL and the customer agrees to be bound by all these T&C. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 1st August 2018 (‘effective date’).
“Agreement” means the terms and conditions as detailed herein including all schedules, Appendices, Annexures, Privacy policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
“GAINWELL site” means the platform owned and operated by Gainwell Commosales Private Limited which provides a venue to the purchasers of Caterpillar products including spare parts listed on the site to be purchased online by the Purchasers from the dealers.
“GAINWELL”/”Site” means the online shopping platform owned and operated by Gainwell Commosales Private Limited (“gainwellindia.com”), which provides a venue to the users of gainwellindia.com to buy the products listed on GAINWELL Online shopping.
“Vendor”/”Seller” shall mean the Cat® Dealer (GAINWELL) who shall sell the products to the customers on the GAINWELL website.
“Purchaser/”Buyer” shall mean the person or any legal entity who accepts the offer for sale on GAINWELL Online shopping by placing an order for and or purchases any products offered for sale on GAINWELL Online Shopping
“User”/”You” means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this site..
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other part to this Agreement. You shall not use this site if you are not competent to contract under the applicable laws, rules and regulations.
This Agreement shall continue to be in full force for as long as you are using the Gainwell online service. Gainwell Online Services provides online shopping platform with regard to certain Caterpillar products including spare parts wherein the user can purchase/buy the products listed therein pursuant to the terms and conditions set forth herein. By clicking on the” Kindly accept Terms & Conditions after review to proceed” button/box, you shall be agreeing to use the services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable Laws & Regulations. The offer is applicable for purchasers in Northern and Eastern States of India and the delivery can be made only within the geographical territory of North and East India.
The Purchaser understands and acknowledges that GAINWELL is the authorized Cat dealer in North and East India and Bhutan. GAINWELL sells and services an extensive range of Cat equipment for construction mining and several infrastructure applications as well as a wide range of Cat engines and generator sets.
Personal data you provide during the order process (such as your name, address, e-mail address) are collected, processed and used for the purpose of executing your order and for our performance of the contract. Your personal data will be disclosed to third parties (such as payment processors, banks, and carriers) only to the extent required for the performance of the contract.
Protecting interests of purchasers is the primary objective of GAINWELL. In pursuit of this objective a grievance redressal cell is set up that shall specifically deal with all queries, complaints or grievance of its purchasers. Mr. Harish Avadhani & Mr. Saibal Mitra are designated as the coordinators of the grievance cell and any complaints or grievances with regard to the content of the website, shall be sent to them on their e-mail address as provided herewith Harish.Avadhani@gainwellindia.com; rajib.datta@gainwellindia.com. The grievance cell shall notify the customer within 48 hours of the receipt of the complaint and shall expeditiously resolve the complaint within one month from the date of receipt of such complaint.
For any queries, please contact us at the customer support link appearing on our website or you may telephone us at 1800 419 3356.
Permission is granted to electronically copy and print in hard copy portions of this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, such as the modification, distribution or republication, without GAINWELL’s prior written consent is prohibited.
Cat is a registered trademark of Caterpillar Inc. You should not use, copy reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site without GAINWELL’s prior written consent. The use of Trademarks on another website or network computer environment is prohibited.
GAINWELL shall deliver the products purchased to any authorized person of the purchaser from their available locations’ warehouse/godown/depot and the purchaser shall collect the same. Unless other arrangements are made in writing, GAINWELL anticipates use of common carriers for transport of products. Unless specifically otherwise provided in GAINWELL’s invoice, the carrier, and not GAINWELL, shall bill for freight rates and other transportation charges. Such payments are solely the responsibility of the purchaser, to be paid directly by the Purchaser to the carrier. GAINWELL shall ship the products on ‘freight to pay’ basis through /purchaser authorized transporter. GAINWELL reserves the right to make deliveries accordingly. and the products shall become the property of the purchaser upon delivery to the carrier. Purchaser shall assume all risks and liabilities for loss, damage, or destruction, as well as the results of any use or misuse by third parties who may acquire or use the products illicitly after the delivery to the carrier. Unless mutually agreed upon, shipping dates are approximate and are based upon prompt receipt of all necessary information. GAINWELL reserves the right to ship items in a single or multiple shipments.
You shall notify GAINWELL and the delivering carrier within fifteen (15) business days from date of receipt of products, of any damage or shortage, and afford GAINWELL a reasonable opportunity to inspect the products. Any loss occasioned by damage in transit will be to your account and claims for such loss shall be made solely against the carrier.
You are solely responsible for determining whether any product is fit for a particular purpose and suitable for your method of application. Accordingly, GAINWELL is not responsible for the results or consequences of use, misuse or application of its Products by anyone.
All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights, trademarks, patents and applications therefore, and other information or Intellectual property and all rights therein (collectively, “Intellectual Property”) will remain the property of GAINWELL. You shall have no claim to, nor ownership interest in, any Intellectual Property. You acknowledge that no license or rights of any sort are granted to you hereunder in respect of any Intellectual property. The sale of products to you does not include any design, development or related services associated with the Intellectual Property of Caterpillar and/or GAINWELL.
All information furnished or made available by or to you in connection with the subject matter of these Terms and Conditions or of your order shall be held in confidence by you. You agree not to use such information or disclose such information to others without GAINWELL’s prior written consent. The obligations in this paragraph will not apply to any information (a) which at the time of disclosure was or thereafter becomes, generally available to the public by publication or otherwise through no breach by you of any obligations herein, (b) you can show by written records was in your possession prior to disclosure by GAINWELL, or (c) is legally made available to you by or through a third party having no direct or indirect confidentiality obligation to you with respect to such information.
GAINWELL and/or Caterpillar Inc. shall not be liable for failure to perform or delay in performance or delivery of any Products or Services due to events like (a) fires, floods, strikes other labor disputes, accidents, sabotage, terrorism, war, riots, acts of precedence of priorities granted at the request or for the benefit, directly or indirectly, of any government authority or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by Central, state or local laws, rules or regulations; or (b) any other cause beyond the reasonable control of GAINWELL and/or Caterpillar Inc. In the event of the occurrence of any of the foregoing, the time for performance shall be extended for such time as may be reasonably necessary to enable the dealer to perform. GAINWELL may, during any period of shortage due to any of the above circumstances, allocate its available supply of products among itself and its purchasers in such manner as GAINWELL, in its judgment, deems fair and equitable.
GAINWELL provides this site content “as is” and without warranties of any kind, either express or implied. GAINWELL disclaims all warranties including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. GAINWELL does not warrant the functions contained in this site or its content will be uninterrupted or error-free, that defects will be corrected, or that the site or its server are free of viruses or other harmful components. You shall notifyRaj.Roy@gainwellindia.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or of any unauthorized or infringing material. The customer support terms shall expeditiously redress the complaints without any unreasonable delay.
You shall notify Raj.Roy@gainwellindia.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or of any unauthorized or infringing material. The customer support terms shall expeditiously redress the complaints without any unreasonable delay.
GAINWELL may at any time amend these terms and conditions. Your continued use of this site is conditioned on the terms and conditions stated at the time of your use. You should visit this page prior to using this site to determine the current term and conditions to which you are bound.
No assignment of any right GAINWELL’s quotation, order acknowledgement, or invoice, or your purchase order may be made without the prior written consent of GAINWELL. Any attempted assignment or delegation will be wholly void and totally ineffective for all purposes.
These Terms and Conditions constitute the provisions and/or stipulations to the Contract between GAINWELL and you with respect to the Products covered by these Terms and Conditions, and supersede any prior agreements, understandings, representations and quotations with respect thereto. No modification hereof shall be of any force or effect unless in writing and signed by the party claiming to be bound thereby.
No failure of GAINWELL to insist upon strict compliance by you with these terms and conditions or to exercise any right accruing from any default on your part shall impair GAINWELL seller’s rights in case your default continues or in case of any subsequent default by you. Waiver by GAINWELL of any breach by you of these terms and conditions shall not be construed as a waiver of any other existing or future breach.
If any dispute arises between the parties during the subsistence of this agreement and thereafter, In connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions or regarding a question, the parties shall endeavor to settle such dispute amicably. In case of failure by the Parties to resolve the dispute in the manner set out above within 30 (thirty) days from the date when the dispute arose, the dispute shall be referred to a Sole arbitrator to be appointed mutually by the parties hereto. The venue of the arbitration shall be in Kolkata. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and shall be conducted in the English language. The arbitral panel shall also decide on the cost of the arbitration proceedings.
These Terms &Conditions shall be governed by and interpreted as per the prevalent Indian Laws, bye-laws, regulations and sub-regulation. Both parties hereby submit to the jurisdiction of the Kolkata Courts.
