These terms govern the use of this website and the supply of goods by DVM Protech under the TopGuard brand.
Note for the site owner: this is a drafting template, not legal advice. Have a lawyer review and adapt it before relying on it, and set the correct effective date and claim window. Delete this box once reviewed.
Last updated: [INSERT DATE]
These terms and conditions apply to the TopGuard website and to every supply of labels, films and foils by DVM Protech. Please read them before placing an order.
"Company", "we", "us" and "our" mean DVM Protech, having its manufacturing unit at Kundli, Sonipat, Haryana 131028, India, trading under the brand name TopGuard. "Website" means topguard.in and all its pages. "You" and "your" mean any person accessing the Website or purchasing goods from the Company. "Goods" means the labels, films, foils and related products supplied by the Company.
By accessing the Website you agree to these terms. If you do not agree to them, please do not use the Website. We may revise these terms at any time by updating this page, and the revised terms apply from the date they are posted.
The Website is provided for information about the Company and its products. You agree not to use it in any way that is unlawful, that interferes with its operation or security, or that attempts to gain unauthorised access to any part of it or to any connected system.
Product descriptions, specifications, dimensions, thicknesses, finishes and performance figures published on the Website are indicative and are provided for general guidance. They do not form part of any contract unless expressly confirmed in writing by the Company for a specific order. Because the performance of any label, film or foil depends on the customer substrate, process, machinery and storage conditions, the Company does not warrant that any product described on the Website is suitable for a particular application unless it has been specified in writing for that application. The Company reserves the right to change product specifications without notice as part of continuous improvement.
Samples and trial rolls are supplied so that the customer may assess suitability under their own production conditions. The customer is responsible for carrying out such testing and for satisfying themselves that the product is fit for their intended purpose before placing a production order. Approval of a sample confirms the customer acceptance of the grade, shade and construction trialled. Production material is supplied to commercial tolerances and minor variation from an approved sample is normal in manufacturing.
Quotations are valid for the period stated on them and are subject to confirmation at the time of order. No order is binding on the Company until accepted in writing by the Company. Prices are exclusive of GST and other applicable taxes and duties unless stated otherwise. Minimum order quantities, tolerances on quantity supplied, lead times and delivery terms are as stated in the Company written order confirmation.
Payment terms are as stated in the Company invoice or order confirmation. The Company reserves the right to charge interest on overdue amounts and to suspend further supply while any amount remains overdue.
Delivery dates are estimates given in good faith and are not guaranteed unless expressly agreed in writing. Risk in the goods passes to the customer on delivery. Title to the goods remains with the Company until payment has been received in full.
Any claim relating to quantity, quality or condition must be notified to the Company in writing within [INSERT NUMBER] days of delivery, with the batch and invoice reference, and before the material is processed. Material that has been processed, converted or applied is deemed accepted. Where a claim is accepted, the Company liability is limited as set out in clause 11.
All content on the Website, including text, images, graphics, layout and the TopGuard name and logo, is the property of the Company or its licensors and is protected by applicable intellectual property law. You may not reproduce, distribute or use it commercially without our prior written permission. Where the Company prints artwork supplied by a customer, the customer warrants that it owns or is licensed to use that artwork and indemnifies the Company against any third-party claim arising from its use.
To the fullest extent permitted by applicable law, the Company total liability arising out of or in connection with the supply of any goods is limited to the invoice value of the goods in respect of which the claim arises, or replacement of those goods, at the Company option. The Company is not liable for indirect or consequential loss, including loss of profit, loss of production, cost of recall, or the cost of any substrate, container or finished article to which the goods have been applied. Nothing in these terms excludes or limits liability which cannot lawfully be excluded or limited.
The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including raw material shortage, power failure, industrial action, transport disruption, natural disaster, epidemic, or act of government.
The Website may link to third-party websites. Those links are provided for convenience and the Company is not responsible for the content, accuracy or practices of any third-party site.
Personal information submitted through the Website is handled in accordance with our Privacy Policy. Enquiry details are used to respond to your enquiry and to maintain our commercial records, and are not sold to third parties.
These terms are governed by the laws of India. The courts at Sonipat, Haryana have exclusive jurisdiction over any dispute arising out of or in connection with them, subject to the Company right to bring proceedings in any other court of competent jurisdiction.
Questions about these terms may be sent to [EMAIL], or by post to DVM Protech, Kundli Industrial Area, Kundli, Sonipat, Haryana 131028, India.