Revised: August 1, 2024
This Sales Agreement is executed between Grand Slam Fitness Private Limited ("we", "us", "our") and you whether personally or on behalf of an entity. You wish to buy products and / or services from us and we agree to sell and / or provide to you per the terms and conditions stated below. You agree that by placing an order with us, you have read, understood, and agreed to be bound by all of the terms and conditions laid out in the Sales Agreement.
We reserve the right, in our sole discretion to, make changes or modifications to the Sales Agreement from time to time. Any changes to the Sales Agreement will be deemed notified by updating the ‘revised’ date of the Sales Agreement on grandslamfitness.co.in (“website”).
Questions or concerns? If you do not agree with the terms and conditions set forth in this Sales Agreement, please do not place an order. In case of questions or concerns, please contact us at info@grandslamfitness.co.in.
Table of Contents
1. Sales Quote
The sales quote shall come into force from the date of the quote and shall be valid for 15 days from the date of the quote. This Sales Agreement along with the sales quote has been concluded to supersede all kinds of verbal and written proposals, offers, acceptances, and all other commercial correspondences, if any.
The sales quote is valid for the purchase of all products as per the quote. In case the quantity of any product is reduced by you, we reserve the right of reducing discounts which may be given earlier leading to an increase in the costs of the products.
Kindly note that all prices are ex-warehouse and all images whether in the sales quote or on our website are for graphical representation only. Actual products, features, and colors may vary. We also expressly reserve the right to change any design and / or specifications wherein the change contributes to the improvement of the products.
2. Delivery
The products and / or services shall be delivered by us to you or to a third party, upon the submission of a written authorization by you regarding delivery at the address of the third party. Any products sold in Jammu and Kashmir, Punjab, Rajasthan, and West Bengal will be billed, supplied, delivered, and serviced through our respective regional dealerships.
The delivery will occur between 10 to 12 weeks from the date of advance payment and the final delivery date will be calculated from the final payment date as set out in the Payment section of this Sales Agreement. Kindly note that customization or special requests of any kind will require an additional 4 weeks at the minimum.
The property of the products, including all kinds of loss and benefits with respect to the products, shall be transferred to you upon the delivery of the products.
You shall be responsible for the performance of your acceptance procedures and fulfill your inspection obligations at the stage of delivery. The acceptance of the products by a third party pursuant to authorization by you shall not release you from any lapses in your inspection obligations.
3. Payment
You shall pay 50% of the total price as a down payment or advance payment to our bank account by any banking system. The remaining 50% shall be paid by you to us, not later than 10 days prior to the delivery date.
The total amount mentioned in the sales quote includes the 18% Goods and Sales Tax levied by the Government of India, packaging, and installation costs. All the logistics, including the cost of unloading goods, and civil work cost is to be borne by you.
We may be subject to various rules and restrictions in relation to some deliveries in certain jurisdictions and you may be subject to additional taxes and duties over which we have no control. If such cases apply, you are responsible for complying with the laws applicable to your jurisdiction where you want the delivery of the products and will be responsible for any such additional costs or taxes.
Late payments attract a ₹10,000 per day holding and / or restocking charge.
Any payment made by you through your company, representatives, directors, or authorized representatives constitutes to acceptance of the terms and conditions laid out in this Sales Agreement.
4. Warranty
The scope of warrant liability for the products only includes manufacturing, workmanship, and design faults. We warrant our products to the original purchase for a period of 1 year only. Warranty does not include consumables or items which are affected by everyday wear and tear. Kindly note that rubber and plastic parts bear no warranty.
The warranty period of the product starts as of the actual delivery date of the product. In any case, the warranty period is a maximum of 1 year as of the invoice date or the delivery date, whichever is later.
You hereby accept, declare, and undertake that the warranty rights shall be void and we shall not be responsible for and shall not honor warranty claims in case:
5. Cancellation of Order
We do not entertain any cancellation requests after the advance payment as set forth in the Payment section of this Sales Agreement has been made. All sales are final and in case you still want to cancel the order, you hereby agree that we forfeit the advance payment and you declare that we provide you with no refunds.
6. Holding Charges
We levy a ₹10,000 per day charge for delayed pick up of products by you.
7. Termination
If you fail to fulfill any of the obligations under this Sales Agreement, we are entitled to notify you and demand the fulfillment of that obligation within the grace period. After receiving the notification, if you do not fulfill the obligation subject to the notification within the grace period, we shall be entitled to terminate the Sales Agreement unilaterally and forfeit any and / or all payments made by you to us without the delivery of any products and / or services.
8. Governing Law
This Sales Agreement and the terms and conditions contained herein shall be governed by and defined following the laws of the Republic of India. We and you irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute that may arise in connection with this Sales Agreement.
9. Dispute Resolution
Arbitration: Any dispute arising out of or in connection with this Sales Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration. Costs of arbitration shall be borne by you to the extent not expressly prohibited by applicable laws. Each party shall bear their attorney’s fees to the extent not expressly prohibited by applicable laws. The seat, or legal place, of arbitration, shall be India. The language of the proceedings shall be English.
Restrictions:
10. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, and affiliates from and against any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
11. Limitations of Liability
In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever regardless of the form of the action, will at all times be limited to ₹1,000. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
12. Miscellaneous
Entire Agreement: This Sales Agreement constitutes the entire agreement and understanding between you and us. You acknowledge that you have read the Sales Agreement and understand the terms and conditions and obligations contained herein.
Severability: The provisions of this Sales Agreement are severable. If any provision of this Sales Agreement is held to be invalid or unenforceable to any extent in any contest, the legality, validity, and enforceability of the remainder of this Sales Agreement shall not be affected and shall remain in full force and effect.
Assignment: We may assign any or all of our rights and obligations to others at any time.
Non-Waiver: Our failure to exercise or enforce any right or provision of this Sales Agreement shall not operate as a waiver of such right or provision. This Sales Agreement operates to the fullest extent permissible by law.
Force Majeure: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
13. Contact
If you have questions or concerns about the Sales Agreement, please contact us at info@grandslamfitness.co.in.