1. CONTRACT

• Only these terms and conditions and the product details shown on the Quotation enclosed form the Contract between us, so it is important tha you check to make sure everything you want is included. We have asked you to read these terms and conditions and sign on the each page to confirm that you agree to them. Any warranties or promises, representation given or discussion held verbally by any person on behalf of us that are not noted and detailed herein will not form any part of this contract and we will not be responsible for the same.
• You have understood all the terms and conditions, features, designs, drawings, notes, abbreviations, specifications and applications of the products before signing the attached order, drawings including price proposal in acceptance of the same.
• Since product development is an ongoing process, hence, product design and specification may vary slightly without altering the functioning by Schon
• The Price shall be valid for six months from the date of the Contract.
• Gl a s s e s a r e s t a n d a r d b o u g h t o u t i t em f r om gl a s s processors/manufacturers. The Glasses as purchased by us from glass vendors, are working according to the tolerance specified by the glass industries as per FOGS G 101:2012(federation of safety glass guidelines). Processed glass by its nature might have distortion within the range as specified in FOSG. In such cases, Schon is not liable to replace the glass.

2. CHANGES TO THE CONTRACT

• If either of us wants to make any changes after this contract has been signed, both the parties will need to agree to them in writing. Sometimes we may need to make minor technical changes to the product specifications which are unavoidable and we will not notify you in such cases.

3. CANCELLATION OF CONTRACT

• You shall not cancel this contract subject to as hereunder, so sign it if you are sure you wish to purchase the products shown and you can comply with the terms and conditions.
• If we cancel the contract, we will notify and refund your deposit. We may cancel the contract if (i) we cannot reach an agreement with you over our suggested changes or any pricing changes after we have carried out the survey (ii) there is a breach of contract or refusal to comply with statutory requirements such as Building Regulations etc.
• It shall be clearly understood that the product under this order/contract is customised for you and cancellation charges will be applicable as follows; 1. if you cancel the contract before survey and cancelled order value is more than 50% of the original order value then the minimum applicable cancellation charges is 10% of the cancelled order value or Rs10,000/- whichever is higher. 2. if you cancel the contract before survey and cancelled order value is less than 50% of the original order value then the minimum applicable cancellation charges is 5% of the cancelled order value or Rs10,000/- whichever is higher 3. If you cancel the order after survey but before production then cancellation charges of 50% of the cancelled order value shall be charged.
• Once product has been produced, in such case cancellation of order/contract is not permitted and sale consideration amount shall be recoverable. Besides above, damages/charges as incurred by us will be borne by you for which we shall be sole judge. We have right to adjust Advance paid by you against these charges.
• We may carry out a survey to make sure that what you have requested can properly be installed at your site/premises. If problems arise at survey, we will let you know.
• You agree that all drawings, specification, notes, abbreviations (i,e make -ups, add-ons & trims) and proportions (i.e vent heights, casement widths etc., sill depth, height, widths) have been explained to you by the surveyor and all information agreed in writing to on this survey is contractually binding upon you under the terms and conditions of this contract.
• You agree that all information discussed between yourself and the representative has been passed to the surveyor, as well as any relevant information regarding the appearance has been added to the contract in your presence.
• It be expressly understood that final production of the product will commence only after survey is done
• Internal Doors come in standard sizes. The Aperture Sizes mentioned on the enclosed quotation have to be maintained by you at site. We may allow tolerant limit of aperture size upto +-15MM in width and +-10MM in Height. In case the aperture sizes go beyond tolerant limit then civil work for aperture correction will be carried out by you at your cost.
• If we cannot reach consensus on aperture correction, Schon reserve the right to cancel your order.

4. DELIVERY SCHEDULE

• If any delivery dates communicated to you, these can only be estimates. Actual dates may vary. We will let you know when the products are ready. We will do our best to keep to this date but if delay arises due to reasons beyond our control, we will let you know and offer you the next earliest convenient date. Time is not the essence of the contract. In the event of a special glass being requested, We can only work to delivery times supplied by the glass manufacturer. Some special glasses may add 6-8 weeks on to standard delivery times. (b) All products under contract are not meant for storage. You agree to pay all before dispatch payments, permit delivery immediately on intimation of production failing which storage charges @Rs. 50/window per day will be charged by us(after 7 days of Manufacturing of windows). If finished goods of order are lying at factory for more than 60 days of intimation of production to you, then following action will be taken by us: · Forfeiture of the advance money · Recovery of all costs and incidental expenses (Net of Scrap value of windows) (c) You agree that we will not be liable for any delay which arises from Force Majure reasons and causes beyond our control for example, fire, flood, riot, earthquake, civil disturbance, strikes, criminal damage, acts of war, government restrictions, shortage of labour and non-availability of material etc

5. DELIVERY

• (a) The freight charges have been considered as per the size of the order. If you desire deliveries in multiple lots after placing the order, additional freight charges shall be applicable. If smaller lots are desired by you for priority shipment, full truck load charge along with additional packing charges will be applicable. (b) Since deliveries are made to the site in trucks and there are restrictions of truck movement in the city, the deliveries can be made only in permissible hours. (c) Once products are delivered, you will be responsible for safety and security of material. In case of any damage or loss, replacement shall be charged to the customer. We will not be responsible for any inherent delays in arranging such replacement parts. (d) Any statutory paperwork required will be provided by the client. If there is a requirement to obtain permissions from the RWA or society, the client undertakes to obtain the same in time.

6. PAYMENT

• (a) In all cases, 100% payment has to be made along with order/survey and before goods are delivered at your site as per payment terms. Where there is a delay in payment being received, the time schedule will not be binding on us and any quoted delivery times will also be extended to reflect the period of the delay. You will adhere to the payment schedule in all respect. The payment made shall not fall under the prohibition Banami Transaction Act, 1988 as amended up to date. If found you shall be liable for consequences of the same (b) All Taxes & Duties including GST will be charged at actual as applicable at the time of billing. Any change in taxes will be borne by the customer.

7. WARRANTIES

• 1. This Product's Warranty, provided by Schon, Covers a period of Ten Year for Aluminum Profile and one year for associate hardware from the month of dispatch in the event of visible manufacturing defect in Aluminum profile or profile part or hardware used in manufacturing of windows/doors. 2. This Product's Warranty, provided by Schon, also covers a period of Two Year for Internal door product and associate hardware from the month of dispatch. 3. This warranty only extends to original purchaser and must present warranty certificate properly completed together with proof of purchase. 4. Upon return of the defective product to Schon within the warranty period it shall repair/replace the product as may be required free of charge at its sole discretion and judgment. 5. The warranty is only applicable if the products i.e (handle, hings etc.) are installed by Schon. 6. This warranty covers defects due to all faulty parts and/or functions, resulting despite user's normal use.. 7. The Warranty shall not apply to following: (a) Breakage/Cracks of the glass. (b) Any defects in windows & doors, Internal Doors arising from wear and tear, willful or accidental damage, negligence, neglect ,misuse, breakages, scratches, structural or latent defects at your property or causes beyond our control. Malfunction or damage due to inappropriate operation or impact, improper use, abuse or negligence by the customer, or to any misuse of the product as described in manufacture manual/guidelines. (c) If the copy of invoice is not produced at the time of warranty claim. (d) Any product for which you have not paid the total sales price. (e) Damage caused due to weather and environmental conditions. (f) In case of product finishing affected by Color, gloss and luster of the article. (g) If exposed with any chemical substance, oil, lubricants, acid fumes, liquid steam etc. (h) Products are refitted or tempered with installation in any manner or any product installed by unauthorized service person. Improper fixing the products by non recommended tools and practices. (i) Use of goods contrary to our recommendations. (j) Products which cannot be accessed for routine service and damage to the operating mechanism caused by the presence of dirt and debris from inadequate maintenance. (k) If Grills(Fix) are mounted on sill and windows/doors cannot be accessed for service. (l) Civil work, painting, POP, flooring and other work of similar nature is carried out after installation of products leading to damage to product & hardware or affecting performance of product & hardware (rollers, handle, friction stay,etc.) in the long-term. (m) Performance of the product varies according to the outer environment and uses. (n) Malfunction or damage due to fire, earthquake, flood, lighting, high wind or any other natural disaster, war or any other disturbance (revolution, riots, etc.) unforeseen reason or any other external factor beyond the control of the manufacturer or seller. (o) Warranty is null and void if the doors are not installed and handed over within 30 days of dispatch. (p) In Case of damage to the "Shades and surface finish" due to usage of aggressive cleaner and contrary to recommended use of cleaning details as mentioned in terms of the agreement 8. Neither the authorized Service centre nor the Schon that sold the product nor the manufacturer or any its affiliates shall be responsible for any delay in repairs in the event that the Schon does not have the parts in stock necessary for the warranty servicing of the product. 9. Except for the warranties set forth herein, Schon disclaims all other warranties, express or implied or statutory, including, but not limited to the implied warranties or merchantability/manufacturer or fitness for particular purpose. Any implied warranties that may be imposed by applicable law are limited to the duration of this limited warranty. In no event Schon shall be liable for any incidental, special or consequential damages, consequential human injury or loss, including, but not limited to loss of business, profits, or use whether in an action or tort or bases on warranty arising out of or in connection with the use or performance of the product. The Company Maximum liability hereunder is limited to the purchase price of the product. 10. The warranty can be invoked only after making payment of the invoice in full within prescribed time. 11. Schon also reserve the right of changing any or all terms and condition under this warranty without prior notice and also on admissibility of claim under this warranty. 12. No terms and conditions other than those stated herein, and no agreement or understanding, oral or written, executed or expressed prior to this warranty in any way shall be binding to Schon.

8. ARBITRATION AND JURISDICTION FOR DISPUTES

• Any dispute, difference or claim that may arise under or in relation to or in connection with, the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the same shall be referred to the sole Arbitrator to be appointed by Schon whose decision shall be final and binding on the parties as per the provisions of Arbitration and conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment).

9. LAW AND JURISDICTION

• That this contract and the rights and obligations of the parties under this contract shall be construed and enforced in accordance with the laws of arises between us in respect of this contract.

10. CHEQUE BOUNCING CHARGES

• In case, cheque submitted by you bounced, We shall levy a cheque bouncing charge of INR 500/- per instrument and Schon reserve its rights to initiate case proceeding as advised under law.

11. ENTIRE AGREEMENT

• This Agreement constitutes the entire agreement between us. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties.