Terms of Sale

6. Services and Service Warranty : The terms of services provided to you by Benelec consist of this Agreement and the additional terms stated in separate SLA provided. Benelec warrants that services provided by it will be performed in a professional and workmanlike manner. Please remember that you should back up all files before services are performed. BENELEC IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.

7. Disclaimer of warranties; Limitation of Liability : EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, BENELEC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. BENELEC’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR BENELEC IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE
DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

8. Dispute Resolution : You and Benelec agree that any dispute between You and Benelec will be
resolved exclusively as per Pune jurisdiction.

9. General : You may not assign this Agreement without Benelec’s written consent. Benelec and its subsidiaries are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Benelec, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written consent of Benelec. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by Benelec. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.

10. Privacy Notice : Benelec respects our customers’ right to privacy and will take all appropriate steps to keep your personal information confidential. You can review Benelec’s Privacy Policy on our web site. Benelec will maintain and use your customer information in accordance with its Privacy Policy.