Introduction

Welcome to the HORIBA Order Management System (the "System") provided by HORIBA India Private Limited ("HORIBA," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access and use of the System to place orders for various products offered by HORIBA India. By using the System, you ("Customer," "you," or "your") agree to comply with and be bound by these Terms. Please read these Terms carefully before placing any orders.

Account Registration

• Eligibility:You must be at least 18 years old and authorized to enter into legally binding agreements to use the System.
• Account Information:You agree to provide and maintain accurate, current, and complete information as required for your account and orders. HORIBA reserves the right to suspend or terminate your account if any information provided is found to be inaccurate or incomplete.

Order Placement and Acceptance

• Order Submission:All orders must be placed through the System. Submission of an order constitutes an offer to purchase the products specified in the order, subject to these Terms.
• Order Confirmation: After placing an order, you will receive an acknowledgment confirming receipt of your order. This acknowledgment does not constitute acceptance of your order. HORIBA India reserves the right to accept or reject your order at its discretion.
• Order Acceptance:Your order is accepted when HORIBA India issues an order confirmation or ships the products, whichever occurs first. Once accepted, your order cannot be canceled or modified unless expressly agreed by HORIBA.
• Product Availability:All orders are subject to the availability of the products. HORIBA India reserves the right to modify or discontinue products at any time without notice.

Pricing and Payment

• Pricing: All prices are listed in [currency] and are subject to change without notice. The price applicable to your order will be the price at the time the order is placed.
• Taxes and Fees: Prices do not include applicable taxes, duties, or other fees. You are responsible for paying all applicable taxes and fees associated with your order.
• Payment Terms: Payment must be made through the payment methods specified in the System. Orders will only be processed upon receipt of full payment.

Delivery and Shipping

• Delivery Times: Delivery times provided are estimates and are not guaranteed. HORIBA is not liable for any delays in delivery.
• Shipping Costs: Shipping costs will be calculated and added to your order at checkout. You are responsible for all shipping costs.
• Risk of Loss: Title and risk of loss for products pass to you upon delivery to the carrier.

Cancellations and Returns

• Order Cancellations: Once an order is placed and accepted, it cannot be canceled unless HORIBA agrees in writing. Cancellations may be subject to fees.
• Returns: Returns are subject to HORIBA’s return policy. Products must be returned in their original condition and packaging. You are responsible for return shipping costs unless the return is due to HORIBA’s error.

Warranties and Limitation of Liability

• Product Warranty: HORIBA warrants that the products will conform to their specifications at the time of delivery. All other warranties, express or implied, are excluded.
• Limitation of Liability: HORIBA’s liability for any claim arising out of or related to these Terms shall not exceed the purchase price of the products. In no event shall HORIBA be liable for any indirect, incidental, or consequential damages.

Intellectual Property

All content, trademarks, and data on the System, including but not limited to text, graphics, logos, icons, images, and software, are the property of HORIBA or its licensors and are protected by applicable intellectual property laws.

Confidentiality

You agree to keep confidential any information obtained through the System, including pricing, product details, and business operations, and not to disclose such information to any third party without HORIBA’s prior written consent.

Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
• Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved through amicable negotiations. If a resolution cannot be reached, the dispute shall be submitted to arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The venue of arbitration shall be [City], India, and the language shall be English.

Amendments

HORIBA reserves the right to amend these Terms at any time. Any changes will be posted on the System, and your continued use of the System after such changes constitutes acceptance of the new Terms.

Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

HORIBA India Private Limited
246, Okhla Industrial Estate Phase III,
New Delhi 110020
Phone: 011 46465000