Terms & Conditions of Sale
Last modified 01 Sep 2023
Thank you for your interest in purchasing our products. We value your business and our goal is to make your purchasing experience as smooth as possible. If you have any questions about our quotation or ordering process, please refer to the “Resources” section of our website. Unless otherwise expressly agreed in writing, your purchase of products from us is subject to the following terms and conditions.
Agreement Terms
General Terms : These terms and conditions (“Terms”), our quotation (if any) and Supplementary Terms, if any, comprise the agreement (“Agreement”) between you and us, MGK Chemicals Private Limited. Unless your order is subject to a valid, written, executed agreement between you and us, in which case such agreement applies, you agree to accept and be bound by the Agreement by ordering products on www.mg-kleaner.com (“Site”) or if you receive ordering or sales documents that reference these Terms. This Agreement is the complete and exclusive contract between you and us with respect to your purchase of the products. Some of our products are subject to additional software licenses, limited use label licenses or other written contract terms that you will not find here (“Supplementary Terms”). You will find any Supplementary Terms that apply to your purchase in our quotation to you, on our Site, or in literature that accompanies the product. You can also obtain copies from Customer Services.
Terms Conflict : If any conditions within the Agreement documents conflict with each other, we will give them the following priority: (a) the quotation; (b) any applicable Supplementary Terms; and (c) finally these Terms. We expressly reject any different terms or provisions contained in any document you provide, and if the terms and conditions in this Agreement differ from the terms of your offer, this Agreement will serve as the governing terms for our contract.
When Agreement takes Effect : The Agreement between you and us is created when you receive email confirmation that we have accepted your order.
Price
Determining Price : We may change our prices at any time without notice. Prices, we quote you are valid for 30 days, unless we state otherwise in writing. If no price has been specified or quoted to you, the price will be the product price on our Site in effect at the time we accept your order. Prices to be paid by the Customer may take into account fluctuations in the cost of materials, components, labor and services, including services provided to us (such as energy, electricity and water) as well as services provided by us (such as metal handling and financing).
Taxes and Fees : Our product prices do not include any taxes (including GST), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. In case you are eligible for any exemption or lower rate of tax, you are responsible to provide the requisite details, documents, declarations or undertake any prescribed compliances for the purpose of tax exemptions / lower tax rates while issuing purchase order or before supply is made (whichever is earlier). Further we would upload details as per our invoice in our monthly tax return and corresponding input tax credit claimed by you could be independently reconciled and you would be responsible to communicate to us in case of any discrepancy. No changes to invoice can be requested by you once the details of the same have been uploaded by us. Further, in case you are required to deduct tax at source on certain payments made to us in accordance with the tax laws, you shall deposit such amount with government within the prescribed time limit and also comply with the prescribed procedures so as to enable us to avail the credit of such tax deducted by you.
Delivery Fees and Freight Policy : You are also responsible for standard delivery and handling charges, if applicable, and our product prices do not include such charges unless expressly stated. If we pay such charges, we will also add these to your invoice.
Cancellation and Changes
Once you have placed your order, you cannot cancel or change it without our written consent.
Payment
Payment Terms : We will invoice you for the product price and all other charges due when we ship you the products. Unless we have agreed otherwise in writing, you will pay us within 30 days from your receipt of invoice. Each order is a separate transaction, and you may not off-set payments, including from one order against another. We reserve the right to require you to make full or partial payment in advance, or provide other security to our satisfaction, if we believe in good faith that your financial condition does not justify the payments terms otherwise specified. You will make all payments in the currency specified in our invoice to you.
Late Payment : If you are late in making payment then, without affecting our other rights you will make payment to us, upon our demand, of a late-payment charge. The late payment charge will be calculated as interest on the sums due from the payment due date until you make payment in full, at the rate of 2% per month, or, if less, the maximum amount allowed by law and will also include our reasonable costs of collection (including collection agency fees and attorneys’ fees). We also reserve the right to cancel or stop delivery of products in transit and withhold shipments in whole or in part if you do not pay us when due, or if you otherwise do not perform your obligations in this Agreement.
Delivery
Delivery : We will ship products to the destination you specify in your order, FCA Incoterms 2010 our shipping point. By agreeing to these Terms, you (i) give your consent for us to arrange for carriage for all products supplied hereunder on your behalf; and (ii) waive your right to arrange carriage or to give us any specific instructions regarding carriage. We may, in our discretion, make partial shipments and invoice each shipment separately. Our shipping dates are approximate only, and we will not be liable for any loss or damages resulting from any delay in delivery. You may not refuse delivery or otherwise be relieved of any obligations as the result of such delay. If our delivery of a product to you is delayed due to any cause within your control, we will place the delayed products in storage at your risk and expense. We shall be entitled, without prejudice, to any of our other remedies to withhold delivery of any Goods if either (i) any amount is outstanding and overdue from you in respect of any invoice issued by us; or (ii) upon the invoicing of products, your credit limit (if any) with us would thereby be exceeded.
Quantity : The quantity, purity, volume and other quantitative attributes of all shipments of products will be determined in accordance with our usual weighing, measuring and other practices, and our determination will govern. These values may vary from batch to batch. Reasonable variation from values quoted shall not be deemed to be non-conformance with our specifications.
Product packaging : At the time of actual delivery, the product packaging may be different from that shown/depicted/described on the Site due to sourcing changes and/or availability/non-availability.
Risk of Loss and Title
Title to and risk of loss of the products will pass to you when we load them onto the commercial carrier at our facility.
Returns
Our Customer Service team must pre-authorize all product returns. Our Customer Service team will approve return of any product that is damaged or defective on receipt, provided you contact our Customer Service team within five days after receiving the product and provided such damage or defect has not been caused by any failure by you or the carrier to handle or store products using reasonable care or as otherwise indicated on the label. If you do not contact us within this five-day period, we will deem the product to be accepted, but you will not lose any warranty rights. No return of chemicals will be accepted where you have imposed your own quality parameters unless these have been stipulated on the order and agreed to in writing by us. Return or disposal of Goods will be compliant with all applicable laws and regulations.
Warranties
Seller warrants that the Products will operate or perform substantially in conformance with Seller’s published specifications and be free from defects in material and workmanship, when subjected to storage as per the issued guidelines (material safety data sheet) and normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be ninety (90) days (the “Warranty Period”). Warranty is implied to untampered/sealed pack. Seller agrees during the Warranty Period to replace defective Products.
Exclusions : In addition to our exclusion for third party products, our warranties do not apply to (a) normal wear and tear; (b) accident, disaster or event of force majeure; (c) your misuse, fault or negligence; (d) causes external to the products such as, but not limited to, power failure or electrical power surges; (e) instruments sold to you as ‘used’ products; (f) installation, removal, use, maintenance, storage, or handling in an improper, inadequate, or unapproved manner by you or any third party (including the carrier), such as, but not limited to, failure to follow our instructions or operating guidelines, or protocols, operation outside of stated environmental or use specifications, or operation or contact with unapproved software, materials, chemicals or other products; and/or (g) products manufactured in accordance with specifications you gave us.
Additionally, any installation, maintenance, repair, service, relocation or alteration to or of, or other tampering with, the products performed by any person or entity other than us without our prior written approval, or any use of replacement parts we have not supplied, will immediately void and cancel all warranties with respect to the affected products.
If we determine that products for which you requested warranty services are not covered by the warranty, or if we provide repair services or replacement parts that are not covered by this warranty, you will pay or reimburse us for all costs of investigating and responding to such request at our then prevailing time and materials rates.
Limitations : Our warranties extend only to you, the original purchaser and you cannot transfer them. Our obligation to repair or replace a product is your sole remedy. Except as otherwise stated, we disclaim all other warranties and conditions, including any warranty as to the suitability for food, drug, agricultural, cosmetic or household use. Whether express or implied, oral or written, with respect to the products, including without limitation all implied warranties (a) of merchantability; (b) of fitness for any particular purpose; and/ or (c) that the products are error-free or will accomplish any particular result.
Remedies : During the applicable warranty period only, for products not meeting our warranty, we agree, in our sole discretion, to repair or replace the non-conforming product and/or provide additional parts as reasonably necessary to comply with our warranty obligations, but you must first promptly notify us in writing when you discover any defect or non- conformance, and include in the notice clear details of your warranty claim. After our review, assuming we authorize the product return, we will provide you with service data and/or a Return Material Authorization (“RMA”), which may include product-specific handling instructions that you must follow. For valid product warranty claims timely made in accordance with this Agreement, you must return the non-conforming products to us, unless we agree otherwise, and we will prepay the shipping costs. For instruments only, we may choose to provide you with new or refurbished replacement parts. All replaced parts will become our property. We will ship your repaired or replacement products according to our Delivery terms.
Third Party Products : We do not support or make any warranties about products manufactured or supplied by third parties that you purchase through any of our sales channels. When you buy a third-party product, we will let you know that this purchase is governed by the third-party’s own contract terms. You must look directly to the relevant third-party manufacturer for product support, warranties, and to make warranty claims. We agree, however, to assign to you any warranty rights we may receive from the original manufacturer or third-party supplier, to the extent the original manufacturer or third-party supplier allows.
Indemnification
Our Infringement Indemnity : We will defend and indemnify you against infringement damages finally awarded in any legal action brought by a third party against you alleging infringement of any intellectual property rights owned by third parties arising directly and solely from a product, as manufactured and provided by us to you, but always excluding use and/or combination of such product with other products or components. This infringement indemnity does not apply to (a) claims that arose based on your failure to comply with the Agreement; (b) claims that arose based on your failure to acquire any applicable additional intellectual property rights related to your use of the products (“Additional Rights”); (c) products that we made, assembled or labeled in reliance upon your instructions, specifications, or other directions; (d) your use or resale of products; (e) modifications made by you or any third party; and/or (f) products originating from third parties.
This indemnity is our only liability to you, and, your only remedy, for any infringement or claimed infringement of third-party intellectual property rights by or in connection with any product.
Conditions to Our Indemnity : As a condition to our indemnification obligations you must (a) notify us in writing, as soon as you become aware of any claim; (b) not admit any liability or take any other action in connection with the claim that could affect the defense; (c) allow us to solely control the defense or settlement of the claim; (d) give us your reasonable information, co-operation and assistance; and (e) take all reasonable steps to mitigate losses incurred, including allowing us to exercise any and all of options set out in these Terms.
Your Indemnity of Us : If a third party makes a claim against us for infringement of its intellectual property rights based on (a) our manufacture or sale of a product or custom product we make under your instructions, specifications, or other directions, or using materials that you provide to us (b) your failure to comply with the Agreement, (c) your failure to acquire any applicable Additional Rights, and/or (d) your modification, use or resale of a product, then you will indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees and other costs of defending and/or settling any action) that we may have to pay as a result of the claim. In addition, you agree to defend and indemnify us and our affiliates, and our and their directors, officers, employees, contractors, suppliers, representatives, agents, successors and assigns, from and against any and all fines, penalties, suits, actions, claims, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees) resulting or arising from: (a) your breach of any of the terms of the Agreement; (b) your use, sale, handling, storage or disposal of the products or any product or waste derived therefrom; (c) your discharge or release of the products or any product or waste derived therefrom into water, onto land or into the air; and/or (d) your exposing any person (including your workers) to the products or any product or waste derived therefrom, including failure to warn of such exposure.
Intellectual Property
Use Limitations : As between you and us, we exclusively own all intellectual property rights relating to our products and services. Unless we expressly state otherwise, in Supplementary Terms, no right to transfer, distribute or resell our products or any of their components is conveyed expressly, by implication, or by estoppel. Unless expressly permitted by us in writing, you will not modify, change, remove, cover or otherwise obscure any of our brands, trade or service marks on the products. Nothing in the Agreement limits our ability to enforce our intellectual property rights.
Limitation for Purpose and Use : It is solely your responsibility to ensure, by tests or otherwise, that products are fit and suitable for the purpose for which you require them in the conditions in which they will be used. We accept no liability for misuse of the products or failure by you to carry out your statutory obligations. You assume responsibility to assure that the products purchased are approved for use and marketing under any law or regulation, if applicable.
Intellectual Property Infringement : We want to avoid claims of intellectual property infringement. If we believe a product, we have sold to you may be subject to a claim for intellectual property infringement, you must allow us (at our option) to either (a) secure for you the right to continue using the product; (b) substitute the product with another suitable product with similar functionality; and/or (c) tell you to return the product to us and we will refund to you the price you paid. In the case of instruments, we will take off a reasonable amount for the instrument’s use, damage or because it is now out of date or out of use.
Limitations and Exclusions of Liability
To the maximum extent permitted by applicable law, we will not be liable under any legal theory (including but not limited to contract, negligence, strict liability in tort or warranty of any kind) for any indirect, special, incidental, punitive, multiple, exemplary or consequential damages (including but not limited to all costs of cover, lost profits, lost data, loss of business, loss of goodwill or loss of revenue) that you might incur under the agreement, or that may arise from or in connection with our products or services, even if we had notice of the possibility of such damages. In addition, our maximum aggregate liability arising out of or in connection with the agreement, or any product unit or service, is limited to the amount you paid to us for those specific units of delivered product purchased that gave rise to the liability. The provisions above in this section do not limit our liability that cannot be limited by law, including but not limited to liability for fraud and death or personal injury caused by our negligence.
Export Restrictions
Items : You acknowledge that each product and any related software and technology, including technical information we supply you, including those contained in product documents (collectively “Items”), is subject to local government export controls.
Export Controls : The export controls may include, among others, which may restrict or require licenses for the export of Items from the country and their re-export from other countries.
Compliance Requirements : You must comply with the export laws, and all other applicable laws, regulations, treaties, and agreements relating to the export, re-export, and import of any Item. You must not, directly or indirectly, without first obtaining the required license to do so from the appropriate government agency. Export, re-export, distribute or supply any Item to (a) any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the government; (b) any person or entity who is involved in improper development or illegal activities. You will, if we request, provide information on the end user and end use of any Item you export or plan to export.
Audit Cooperation : You will cooperate fully with us in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and will indemnify and hold us harmless from, or in connection with, your or your consultants’, agents’ or employees’ violation.
Safety and Health Communications
You acknowledge that you have read, understand and will comply with all documents we provide or make available in connection with the offer, sale or provision of the products, including information set forth on product labels, product use warnings, Safety Data Sheets, Material Safety Data Sheets, and other technical bulletins and publications containing safety, health, handling and environmental hazard information concerning the products and their properties, as applicable. You agree you are fully responsible for ensuring that you, your personnel and third parties safely and properly use, store and handle the products, including, but not limited to, by adequately: (a) informing your employees, contractors, agents and other third parties who may become exposed to the products after delivery to you of any hazards associated with the products, and of the safe and proper storage, handling and use procedures relating to the products; (b) incorporating available safety, health, handling and environmental hazard information, such as that supplied by us, into your product safety communications and providing such hazard communication documents to all of your employees, contractors, agents and other third parties. If you further process, mix or incorporate the products into another product, you shall disseminate appropriate safety, health, handling, and environmental hazard information to all persons who may be exposed to that other product.
Sale of Chemicals
If the products include any chemicals (i.e., if you purchase any chemicals from us and this Agreement applies to the sale), you may only use the chemicals for appropriate purposes. You shall not use such products for any other purpose, including but not limited to: in vitro diagnostic purposes, food, drug, cosmetic, agricultural or household use. Please refer to our Site for the specification of the most recent lot of a specific product, although note this may not be the lot you will obtain. Certificates of analysis for your specific lot may be available on request. Certificates of analysis are only supplied with semi-bulk and bulk orders and not with catalogue-listed quantities. Should you require a certificate of analysis for a catalogue-listed quantity, we reserve the right to charge you for providing such a certificate of analysis. No return of chemicals will be accepted where you have imposed your own quality parameters unless these have been stipulated on the order and agreed to in writing by us.
Compliance with Laws
If you are reseller of products/services being sold herein then you will comply in all respects with all applicable laws relating to corruption, commercial bribery, and money laundering. You represent and warrant that no part of any fees paid or payable to you or any profits obtained by you in connection with your activities on behalf of MGK Chemicals Private Limited will be (a) directly or indirectly paid, offered, transferred, or given to any third party, official, representative, or employee of any government, government agency, or instrumentality for the purpose of obtaining or retaining business for or with, or directing business to, any person or company, and/or (b) otherwise used for any purpose which would violate the any applicable laws.
Additional Payment Modes
In compliance with provisions, we provide following additional payment modes in addition to normal Bank Transfer: (a) Debit Card; (b) Credit Card; (c) Unified Payments Interface (UPI); (d) Third-party wallet payment. In case of any queries or support required, please contact us; and/or (e) Net-Banking.
Forward of Documents
Please forward all documents to the following address: MGK Chemicals Private Limited, L.S. No. 307/4p, Gangadiya, Samlaya, Savli, Vadodara, Gujarat (391520), India.
Miscellaneous
No Assignment : You may not delegate any duties nor assign any rights or claims hereunder without our prior written consent, and any such attempted delegation or assignment will be void.
Governing Law : The Agreement and performance under it will be governed by the laws of the country where the selling entity (as specified on your order confirmation from us) is located. In the event of any legal proceeding between you and us relating to the Agreement, neither party may claim the right to a trial by jury. Any action arising under the Agreement must be brought within one month from the date that the cause of action arose. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
Jurisdiction : Courts in Vadodara ( Gujarat, India) alone will have jurisdiction to settle any dispute arising out of this Agreement.
Regulatory Restrictions : In addition to the restrictions set out in these Terms: (a) you must use our products in accordance with our instructions; (b) you are solely responsible for making sure that the way you use our products complies with applicable laws, regulations and governmental policies; (c) you must obtain all necessary approvals and permissions you may need; and (d) it is solely your responsibility to make sure the products are suitable for your particular use.
Uncontrollable Circumstances : We will not be responsible or liable for failing to perform our obligations under the Agreement to the extent caused by circumstances beyond our reasonable control. In certain situations, we may use our reasonable judgment and apportion products then available for delivery fairly among our customers.
No Waiver and Invalidity : Our failure to exercise any rights under the Agreement is not a waiver of our rights to damages for your breach of contract and is not a waiver of any subsequent breach. If any provision or part of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement. No person other than you or us will have any rights under the Agreement.
Headings : Headings are for convenience only and shall not be used in the interpretation of these Terms.
Confidentiality : You agree to keep confidential any non-public technical information, commercial information (including prices, without limitation) or instructions received from us as a result of discussions, negotiations and other communications between us in relation to our products or services.
Notices : Any notice or communication required or permitted under these Terms must be in writing and will be deemed received when personally delivered, or 3 business days after being sent by certified mail, postage prepaid, to a party’s specified address.
Requirement to Reduce to Writing : No waiver, consent, modification, amendment or changes to the terms of the Agreement will be binding unless in writing and signed by both of us. Our failure to object to terms contained in any subsequent communication from you will not be a waiver or modification of our Agreement.
Severability : Any provision of the Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
Privacy Policy
Last modified 01 Sep 2023
MGK Chemicals Private Limited values your privacy and the protection of your Personal Data. This MGK Chemicals Private Limited Notice (“Notice”) explains how we collect, store, use, share, transfer, delete, and process information collected from or about you (“Personal Data”) by MGK Chemicals Private Limited, and any directly or indirectly controlled affiliate or subsidiary thereof (collectively, “MGK Chemicals Private Limited,” “we,” “our,” or “us”). As an international company, MGK Chemicals Private Limited has multiple legal entities in different jurisdictions that are responsible for the Personal Data they process, and we process Personal Data in accordance with these applicable laws and regulations.
Principles of Privacy and Data Protection
Transparent : To be open about privacy practices, policies, developments, and the details of any processing that takes place and to specify the purposes for which Personal Data is collected and processed before such collection takes place.
Fair in Processing : To obtain Personal Data in good faith by legitimate, lawful, and fair means and to process Personal Data only in accordance with the purposes for which it was collected.
Engage in Privacy by Design : To ensure we create solutions and process data with privacy at the forefront and in accordance with these principles.
Accountable : To be accountable for complying with measures that give effect to these principles, including by ensuring accountability of third parties with whom we interact through appropriate contracts.
Responsive to Privacy Requests : To be responsive to individual’s privacy rights afforded by law.
Protective : To protect Personal Data using reasonable security safeguards, to ensure data accuracy, and to limit use to that which is necessary for the processing purpose.
Purpose and Reach of Privacy Notice
This Notice applies to Personal Data collected or processed by us online (through websites, applications, email, and otherwise) (“Online Services”); when we process your Personal Data for your potential participation as a research subject; when we process Personal Data for your potential participation as an investigator or a member of the investigator team; when we process information and in connection and adverse events, complaints, and reports; when we provide products or services to you, your institution, your organization, or your company, and individuals employed by or working for or with such organization, or your members; and in other situations where you interact with us, including but not limited to interacting with or visiting our sites and offices or our events (e.g., tradeshows and conferences) (such products, services, Online Services, and other systems collectively, the “Products and Services”); when we process your data as an employee of a company for which we provide Products or Services; or anywhere this Notice is posted or referenced. This Notice also applies to Personal Data that is collected or processed when you interact with us in person, by telephone, or by mail. MGK Chemicals Private Limited may have other unique privacy notices that apply to certain specific situations, including informed consent forms for use in interventional and observational research. To the extent you were provided with a different privacy notice or policy and those policies or notices apply, those policies or notices will govern our interactions with you, not this one. If you provide us with Personal Data of anyone other than yourself, please note that you are responsible for complying with all applicable privacy and data protection laws prior to providing that information to MGK Chemicals Private Limited (including obtaining consent, if required). Please review this Notice carefully. To the extent permitted by applicable law, by providing us your Personal Data or otherwise interacting with us, you are agreeing to this Notice. The MGK Chemicals Private Limited subsidiary or affiliate with whom you, your employer, your institution, or your company is interacting or who owns and operates the Product or Service is, where applicable, the entity responsible for the collection and use of your Personal Data (known in some jurisdictions as the “data controller”).
Marketing, Cookies and Tracking
Marketing Uses, Cookies, and Other Activities : To the extent permitted by applicable law, including in accordance with your consent where required by applicable law, we may engage in the following activities: (a) We may use your contact details to contact you to determine whether you would like to initiate a business relationship with us or to send you marketing emails. If you do not wish to receive such marketing emails, you may opt out by declining to receive such emails when registering or in our subsequent communications by following opt-out instructions included in the email or at other information collection points on the Online Services; (b) We may display advertisements to you regarding Products and Services that we believe are relevant to you based on your activities on the Online Services or on other web or digital properties. Such advertisements may be shown on our Online Services or the online services of others. We achieve this by using, and allowing third parties (e.g., Facebook, LinkedIn) to use certain cookies, eTags, pixels, web beacons, and other tracking technologies to track your activities on our Online Services and other online services; (c) We may make customer offers to you based on your activities across different Online Services, including activities on other web or digital properties or your other interactions with MGK Chemicals Private Limited that are not via the Online Services (e.g., regional offers based on the location of your office listed on order forms); and/or (d) We also perform statistical analyses of the users of our Online Services to improve the functionality, content, design, and navigation of the Online Services.
Processing Using Website Tracking : On certain of our websites, we use Google Analytics, to help us understand how users engage with this and other of our websites. Google Analytics may track your activity on our sites (i.e., the pages you have seen and the links you have clicked on) and helps us measure how you interact with the content that we provide. This information is used to compile reports and to help us improve the sites. The reports we receive disclose website trends without identifying individual visitors. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Interactive Features of our Websites : To the extent we offer any public or group forums on our Products or Services, such as newsfeeds, blogs, message boards, or similar tools (“Interactive Features”), the posts or comments you make may be public and viewed by others. You should use care before posting information about yourself, including Personal Data. You acknowledge and understand that you have no expectation of privacy or confidentiality in the content you submit to Interactive Features over the Products and Services. Except when required to do so by applicable law, we assume no obligation to remove Personal Data you post on our Products and Services, and your disclosure of any Personal Data through the Interactive Features is at your own risk.
Third Parties
Third-Party Service Providers : Third-party service providers acting on our behalf must execute agreements including confidentiality requirements and will only process Personal Data as necessary to perform their functions in a manner consistent with this Notice, other applicable privacy notices, and as explicitly permitted or required by applicable laws, rules, and regulations. Our third-party service providers may be located in the India and other jurisdictions.
Combination of Data with Data Received from Third Parties : We may combine information we collect, whether Personal Data or not, with Personal Data that we may obtain from third parties.
Links to Other Websites : Our Products or Services may contain links to other websites, applications, products, or services that are not owned or operated by MGK Chemicals Private Limited, such as social media websites and applications like Facebook and Twitter. You should carefully review the privacy policies and practices of other websites, products, and services as we cannot control and are not responsible for privacy policies, notices, or practices of third-party websites, applications, products, and services.
Your Rights regarding your Personal Data
Please note that in many circumstances, we cannot effectively do business with you without processing some Personal Data about you (e.g., your contact information). For example, when you contact customer service representatives, we may require you to provide information to authenticate your identity to assist you with your request. If you are unable to provide this information, we may be unable to process your request. You may have a right under your area’s data protection law to the following rights with respect to some or all of your Personal Data: (a) To request access to your Personal Data; (b) To request that we rectify or erase your Personal Data; (c) To request that we restrict or block the processing of your Personal Data; (d) To provide your Personal Data directly to another organization, i.e., a right to data portability; (e) When we previously obtained your consent, to withdraw consent to processing; and/or (f) To lodge a complaint with the data protection authority in your area. You can make a request with respect to your Personal Data by submitting the form. We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. We may, after receiving your request, require additional information from you to honor the request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so. When we receive your Personal Data from our customers and process your Personal Data on their behalf, we do so in the capacity of a data processor. We do not have control over our customers’ privacy and security practices and processes. If your Personal Data has been submitted to us by a MGK Chemicals Private Limited customer and you wish to exercise any of the above-mentioned rights, please contact the relevant customer directly, or provide us with the name of the customer so that we can appropriately refer your request to them.
Transfer of Personal Data across National Borders
Please be aware that Personal Data we collect and process may be transferred and maintained outside your state, province, country, or other jurisdiction where the privacy laws may not be as protective as those in your location, including the India. MGK Chemicals Private Limited has put in place lawful transfer mechanisms and adequate safeguards, in accordance with applicable legal requirements, to protect your Personal Data.
Safeguarding Information
Consistent with applicable laws and requirements, MGK Chemicals Private Limited has put in place physical, technical, and administrative safeguards to protect Personal Data from loss, misuse, alteration, theft, unauthorized access, and unauthorized disclosure consistent with legal obligations and industry practices. However, as is the case with all websites, applications, products, and services, we unfortunately are not able to guarantee security for data collected through our Products and Services. In addition, it is your responsibility to safeguard any passwords, ID numbers, or similar individual information associated with your use of the Products and Services.
Personal Data Retention Period
We generally retain Personal Data for as long as needed for the specific business purpose or purposes for which it was collected. In some cases, we may be required to retain Personal Data for a longer period of time by law or for other necessary business purposes. Whenever possible, we aim to anonymize the information or remove unnecessary identifiers from records that we may need to keep for periods beyond the specified retention period.
Changes to Privacy Notice
We reserve the right to change this Notice from time to time. We will alert you when changes have been made by indicating the date this Notice was last updated as the date the Notice became effective or as otherwise may be required by law. It is recommended that you periodically revisit this Notice to learn of any changes.
Shipping Policy
Last modified 01 Sep 2023
Welcome to MGK Chemicals Private Limited, (“us,” “we,” “our,” “MGK Chemicals,” or “Distributor”), a Web site focused on the sale of products (“Products”) to businesses and other entities via the Internet. In order to help make our site (“Web site”) a trustworthy and safe place to buy goods, all users (“you”, “your” or “Subscriber”) of our service are required to accept and comply with our Web Site Use Agreement, which includes acceptance of, and compliance with, all of the terms and conditions provided herein, as amended from time to time. This Web site provides an Internet-based venue for the sale and purchase of Products distributed by MGK Chemicals Private Limited and manufactured by MGK Chemicals Private Limited, and other leading manufacturers and suppliers (our “Suppliers”). This Web Site Use Agreement explains the contractual agreement between you and us regarding your use of our Web site, as well as the terms and conditions applicable to your purchase of Products on our Web site (collectively, the “Terms of Use”).
Order Placement and Charges
Registering on our Web site is free to eligible Subscribers. Subscribers may purchase any of the Products provided on the Web site at the prices designated on the Web site by selecting Products for purchase and completing our electronic order form (an “Order”). Distributor charges Subscribers according to the terms of your written contract with Distributor, or, in the absence of any such contract, according to Distributor’s practices from time to time for shipping and handling costs and applicable sales taxes. All charges for Products ordered are displayed to the Subscriber on the pending Order prior to placement of the Order by Subscriber. Distributor expressly disclaims any representation or warranty concerning “most favored customer” pricing in connection with the sale of any Products by Distributor to Subscribers.
Product Delivery
General : Subscriber hereby acknowledges and agrees that all Products ordered on the Web site shall be shipped by MGK Chemicals Private Limited or drop shipped by the applicable manufacturer or other supplier using our authorized carrier or a carrier authorized by the applicable manufacturer or supplier (the “Designated Shipper”) and delivered to Subscriber’s designated delivery location. Distributor and its suppliers cannot ship to post office boxes.
Delivery Subject to Product Availability : Although Distributor has attempted to ensure that the inventory availability of Products is properly designated on the Web site for many Products, Subscriber acknowledges that from time-to-time even those Products designated as in inventory will not be available at time of shipment. If an Order cannot be shipped in its entirety by the close of business the day following placement of the Order, Distributor will promptly notify Subscriber, and provide an estimated shipment date for those items which are unavailable. Distributor reserves the right to substitute alternate products with equivalent specifications for those ordered. Subscriber shall have the right to return any substituted products at no charge by following the return goods policy as stated herein. Distributor further reserves the right to make delivery in installments for those items of an Order, which are available for immediate shipment, and to bill Subscriber separately for any such items delivered. Subscriber may cancel those items on the Order that are subject to the delay by notice to Distributor within 48 hours of receipt of the delay notification, provided that such Products have not yet been shipped. If Distributor receives no such notice of cancellation, the estimated product availability and shipment date will be deemed accepted. The foregoing sets forth Distributor’s entire obligation with regard to Product availability and shipment delays. Distributor shall not be liable for any late shipment or any failure to ship any Product(s).
Tracking Number : Upon issuance of an Order by Subscriber for Products on the Web site, Distributor shall immediately generate a tracking number and notify the Subscriber and the Supplier(s) of the logistical information associated with pickup and delivery of the Product(s) by the Designated Shipper. You may track the status of shipments relating to any Order you place using the tracking number on our Web site.
Installation : Subscriber shall make available a suitable place for equipment installation within its facilities in accordance with applicable installation specifications and procedures. Subscriber shall furnish all labor required to place the Products in the desired location. Distributor or the manufacturer, as applicable, shall install the Products in accordance with their customary procedures.
Product Acceptance
Immediately upon receipt of Products shipped hereunder, Subscriber shall inspect the Products and notify Distributor in writing of any claims for order or shipping errors, shortages, defects or damages and shall hold any such goods for Distributor’s written instructions concerning disposition. If Subscriber fails to notify Distributor within five (5) days after receipt of Products, the Products shall conclusively be deemed to conform to the terms provided herein and shall be irrevocably accepted by Subscriber.
Payment for Products Ordered
Distributor shall automatically charge Subscriber’s account for all Orders. In the event Subscriber does not have an account with a chargeable balance adequate to cover the Order amount, Distributor shall charge the Order to the credit card account authorized by Subscriber. The amount of payment due shall be that amount reflected in each Order at time of Order placement by Subscriber, comprised of the price of Products ordered at the time of Order placement, applicable shipping charges, and applicable taxes reflected in the Order. Unless otherwise agreed to by the Distributor in a written contract with Subscriber, payment shall be due promptly upon the provision of ordered Products to the Designated Shipper at Supplier’s shipping point. Distributor reserves the right to collect interest at a rate equal to the highest applicable lawful interest rate on invoiced amounts not paid within seven (7) days of invoice date, with interest to accrue monthly until full payment is received.
Returns & Refunds
Last modified 01 Sep 2023
Welcome to MGK Chemicals Private Limited, (“us,” “we,” “our,” “MGK Chemicals,” or “Distributor”), a Web site focused on the sale of products (“Products”) to businesses and other entities via the Internet. In order to help make our site (“Web site”) a trustworthy and safe place to buy goods, all users (“you”, “your” or “Subscriber”) of our service are required to accept and comply with our Web Site Use Agreement, which includes acceptance of, and compliance with, all of the terms and conditions provided herein, as amended from time to time. This Web site provides an Internet-based venue for the sale and purchase of Products distributed by MGK Chemicals Private Limited and manufactured by MGK Chemicals Private Limited, and other leading manufacturers and suppliers (our “Suppliers”). This Web Site Use Agreement explains the contractual agreement between you and us regarding your use of our Web site, as well as the terms and conditions applicable to your purchase of Products on our Web site (collectively, the “Terms of Use”).
Incomplete Transactions and Cancellations of Orders
Termination Prior to Shipment : Subscriber may cancel an order prior to pickup by Designated Shipper at Supplier’s shipping point. In such case, no payment will be due.
Termination Subsequent to Shipment and Prior to Acceptance : Subsequent to pick up by the Designated Shipper, but prior to Acceptance of Products, as provided above, Subscriber may cancel an Order by contacting Distributor within the five (5) day Acceptance Period provided above. Distributor will provide Subscriber with disposition instructions, and may charge the Subscriber for shipping expenses and restocking fees.
Product Returns
All returns, replacements, technical services and support shall be handled by Distributor’s customer service organization as follows: Products described below may be returned to Distributor within 7 days for replacement or adjustment. To assure prompt handling, Subscriber must obtain a Return Goods Authorization Number (“RGA Number”) from Distributor and reference this number on return shipping documents. Returns made without the RGA Number will be returned to Subscriber, freight collect. Distributor reserves the right to reverse any credit issued to Subscriber: (a) for any Product not returned after authorization and requested by Distributor; and/or, (b) if, upon return, such Product is determined by Distributor not to be defective. Distributor will grant full credit for: (a) Products not supplied in accordance with Subscriber’s orders; and/or, (b) Products which are defective at the time of receipt by the Subscriber. Distributor will grant partial credit for Products ordered in error, with the exceptions noted below. Product returns for Products ordered in error are subject to a 15% restocking charge plus any applicable charges for necessary inspection, reworking or refurbishing, or for items not normally cataloged by Distributor. Hazardous materials authorized for return must be packed, labeled and shipped in accordance with DOT regulations governing transportation of hazardous materials and any other applicable requirements. Distributor will not grant credit for: (a) Products which have been discontinued; (b) Products which are personalized or customized; (c) Non-Distributor line products supplied to Subscriber as an accommodation, including, without limitation, third party purchases; (d) Products not purchased from Distributor; (e) Refrigerated or temperature controlled Products; (f) Products which are outdated, shelf-worn, used or defaced and, therefore, unsuitable for return to stock and resale as new; (g) Chemicals which have been opened; and/or (h) Products that have been shipped outside the India.
The MGK Brand Guarantee
Solely with respect to MGK Brand Products purchased in the India, they may be returned for any reason within 7 days of purchase for full credit of the purchase price (excluding freight) with the following exclusions: (a) Products not purchased from Distributor; (b) Refrigerated or temperature controlled Products; (c) Chemicals which have been opened; (d) Equipment and instruments with a purchase price of INR 50,000 or more; (e) Products that have been shipped outside the India.
Product Warranty and Disclaimer
Orders placed for Products on this Web site are subject only to the relevant manufacturer’s standard commercial warranty terms in effect at the time of Order placement by Subscriber, which warranty terms shall be made available to Subscriber to the fullest extent possible through Distributor. We warrant only that the Products delivered shall conform substantially with the description of such Products as provided on our Web site. This warranty is exclusive and we make no other warranty, express or implied, including any implied warranty of merchantability or fitness for any particular purpose. Your exclusive remedy against Distributor and any Supplier with respect to Products proved to our satisfaction to be defective or nonconforming shall be the replacement of such Product without charge or refund of the purchase price, upon the return of such Product in accordance with our instructions prior to Acceptance. In no event shall distributor, distributor’s subsidiaries or affiliates, or any supplier be liable under any legal theory (including but not limited to contract, negligence, strict liability in tort or warranty of any kind) for any indirect, special, incidental, consequential or exemplary damages (including but not limited to lost profits), even if we or any of our subsidiaries, affiliates or suppliers had notice of the possibility of such damages. If we deliver custom goods for you based on instructions, specifications, or other directions you provide to us, distributor, our subsidiaries, affiliates and suppliers shall not be liable for the lack of sufficiency, fitness for a particular purpose or quality of the goods to the extent attributable to such instructions, specifications, or other directions.
Other Restrictions
This policy is subject to change without notice by MGK Chemicals Private Limited. This policy is further subject to modification or revision as MGK Chemicals Private Limited may deem appropriate or necessary to comply with applicable national, state, local and international laws, rules and regulations, and any other applicable regulatory agency guidelines and restrictions.
Terms & Conditions of Sale
Last modified 01 Sep 2023
Thank you for your interest in purchasing our products. We value your business and our goal is to make your purchasing experience as smooth as possible. If you have any questions about our quotation or ordering process, please refer to the “Resources” section of our website. Unless otherwise expressly agreed in writing, your purchase of products from us is subject to the following terms and conditions.
Agreement Terms
General Terms : These terms and conditions (“Terms”), our quotation (if any) and Supplementary Terms, if any, comprise the agreement (“Agreement”) between you and us, MGK Chemicals Private Limited. Unless your order is subject to a valid, written, executed agreement between you and us, in which case such agreement applies, you agree to accept and be bound by the Agreement by ordering products on www.mg-kleaner.com (“Site”) or if you receive ordering or sales documents that reference these Terms. This Agreement is the complete and exclusive contract between you and us with respect to your purchase of the products. Some of our products are subject to additional software licenses, limited use label licenses or other written contract terms that you will not find here (“Supplementary Terms”). You will find any Supplementary Terms that apply to your purchase in our quotation to you, on our Site, or in literature that accompanies the product. You can also obtain copies from Customer Services.
Terms Conflict : If any conditions within the Agreement documents conflict with each other, we will give them the following priority: (a) the quotation; (b) any applicable Supplementary Terms; and (c) finally these Terms. We expressly reject any different terms or provisions contained in any document you provide, and if the terms and conditions in this Agreement differ from the terms of your offer, this Agreement will serve as the governing terms for our contract.
When Agreement takes Effect : The Agreement between you and us is created when you receive email confirmation that we have accepted your order.
Price
Determining Price : We may change our prices at any time without notice. Prices, we quote you are valid for 30 days, unless we state otherwise in writing. If no price has been specified or quoted to you, the price will be the product price on our Site in effect at the time we accept your order. Prices to be paid by the Customer may take into account fluctuations in the cost of materials, components, labor and services, including services provided to us (such as energy, electricity and water) as well as services provided by us (such as metal handling and financing).
Taxes and Fees : Our product prices do not include any taxes (including GST), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. In case you are eligible for any exemption or lower rate of tax, you are responsible to provide the requisite details, documents, declarations or undertake any prescribed compliances for the purpose of tax exemptions / lower tax rates while issuing purchase order or before supply is made (whichever is earlier). Further we would upload details as per our invoice in our monthly tax return and corresponding input tax credit claimed by you could be independently reconciled and you would be responsible to communicate to us in case of any discrepancy. No changes to invoice can be requested by you once the details of the same have been uploaded by us. Further, in case you are required to deduct tax at source on certain payments made to us in accordance with the tax laws, you shall deposit such amount with government within the prescribed time limit and also comply with the prescribed procedures so as to enable us to avail the credit of such tax deducted by you.
Delivery Fees and Freight Policy : You are also responsible for standard delivery and handling charges, if applicable, and our product prices do not include such charges unless expressly stated. If we pay such charges, we will also add these to your invoice.
Cancellation and Changes
Once you have placed your order, you cannot cancel or change it without our written consent.
Payment
Payment Terms : We will invoice you for the product price and all other charges due when we ship you the products. Unless we have agreed otherwise in writing, you will pay us within 30 days from your receipt of invoice. Each order is a separate transaction, and you may not off-set payments, including from one order against another. We reserve the right to require you to make full or partial payment in advance, or provide other security to our satisfaction, if we believe in good faith that your financial condition does not justify the payments terms otherwise specified. You will make all payments in the currency specified in our invoice to you.
Late Payment : If you are late in making payment then, without affecting our other rights you will make payment to us, upon our demand, of a late-payment charge. The late payment charge will be calculated as interest on the sums due from the payment due date until you make payment in full, at the rate of 2% per month, or, if less, the maximum amount allowed by law and will also include our reasonable costs of collection (including collection agency fees and attorneys’ fees). We also reserve the right to cancel or stop delivery of products in transit and withhold shipments in whole or in part if you do not pay us when due, or if you otherwise do not perform your obligations in this Agreement.
Delivery
Delivery : We will ship products to the destination you specify in your order, FCA Incoterms 2010 our shipping point. By agreeing to these Terms, you (i) give your consent for us to arrange for carriage for all products supplied hereunder on your behalf; and (ii) waive your right to arrange carriage or to give us any specific instructions regarding carriage. We may, in our discretion, make partial shipments and invoice each shipment separately. Our shipping dates are approximate only, and we will not be liable for any loss or damages resulting from any delay in delivery. You may not refuse delivery or otherwise be relieved of any obligations as the result of such delay. If our delivery of a product to you is delayed due to any cause within your control, we will place the delayed products in storage at your risk and expense. We shall be entitled, without prejudice, to any of our other remedies to withhold delivery of any Goods if either (i) any amount is outstanding and overdue from you in respect of any invoice issued by us; or (ii) upon the invoicing of products, your credit limit (if any) with us would thereby be exceeded.
Quantity : The quantity, purity, volume and other quantitative attributes of all shipments of products will be determined in accordance with our usual weighing, measuring and other practices, and our determination will govern. These values may vary from batch to batch. Reasonable variation from values quoted shall not be deemed to be non-conformance with our specifications.
Product packaging : At the time of actual delivery, the product packaging may be different from that shown/depicted/described on the Site due to sourcing changes and/or availability/non-availability.
Risk of Loss and Title
Title to and risk of loss of the products will pass to you when we load them onto the commercial carrier at our facility.
Returns
Our Customer Service team must pre-authorize all product returns. Our Customer Service team will approve return of any product that is damaged or defective on receipt, provided you contact our Customer Service team within five days after receiving the product and provided such damage or defect has not been caused by any failure by you or the carrier to handle or store products using reasonable care or as otherwise indicated on the label. If you do not contact us within this five-day period, we will deem the product to be accepted, but you will not lose any warranty rights. No return of chemicals will be accepted where you have imposed your own quality parameters unless these have been stipulated on the order and agreed to in writing by us. Return or disposal of Goods will be compliant with all applicable laws and regulations.
Warranties
Seller warrants that the Products will operate or perform substantially in conformance with Seller’s published specifications and be free from defects in material and workmanship, when subjected to storage as per the issued guidelines (material safety data sheet) and normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be ninety (90) days (the “Warranty Period”). Warranty is implied to untampered/sealed pack. Seller agrees during the Warranty Period to replace defective Products.
Exclusions : In addition to our exclusion for third party products, our warranties do not apply to (a) normal wear and tear; (b) accident, disaster or event of force majeure; (c) your misuse, fault or negligence; (d) causes external to the products such as, but not limited to, power failure or electrical power surges; (e) instruments sold to you as ‘used’ products; (f) installation, removal, use, maintenance, storage, or handling in an improper, inadequate, or unapproved manner by you or any third party (including the carrier), such as, but not limited to, failure to follow our instructions or operating guidelines, or protocols, operation outside of stated environmental or use specifications, or operation or contact with unapproved software, materials, chemicals or other products; and/or (g) products manufactured in accordance with specifications you gave us.
Additionally, any installation, maintenance, repair, service, relocation or alteration to or of, or other tampering with, the products performed by any person or entity other than us without our prior written approval, or any use of replacement parts we have not supplied, will immediately void and cancel all warranties with respect to the affected products.
If we determine that products for which you requested warranty services are not covered by the warranty, or if we provide repair services or replacement parts that are not covered by this warranty, you will pay or reimburse us for all costs of investigating and responding to such request at our then prevailing time and materials rates.
Limitations : Our warranties extend only to you, the original purchaser and you cannot transfer them. Our obligation to repair or replace a product is your sole remedy. Except as otherwise stated, we disclaim all other warranties and conditions, including any warranty as to the suitability for food, drug, agricultural, cosmetic or household use. Whether express or implied, oral or written, with respect to the products, including without limitation all implied warranties (a) of merchantability; (b) of fitness for any particular purpose; and/ or (c) that the products are error-free or will accomplish any particular result.
Remedies : During the applicable warranty period only, for products not meeting our warranty, we agree, in our sole discretion, to repair or replace the non-conforming product and/or provide additional parts as reasonably necessary to comply with our warranty obligations, but you must first promptly notify us in writing when you discover any defect or non- conformance, and include in the notice clear details of your warranty claim. After our review, assuming we authorize the product return, we will provide you with service data and/or a Return Material Authorization (“RMA”), which may include product-specific handling instructions that you must follow. For valid product warranty claims timely made in accordance with this Agreement, you must return the non-conforming products to us, unless we agree otherwise, and we will prepay the shipping costs. For instruments only, we may choose to provide you with new or refurbished replacement parts. All replaced parts will become our property. We will ship your repaired or replacement products according to our Delivery terms.
Third Party Products : We do not support or make any warranties about products manufactured or supplied by third parties that you purchase through any of our sales channels. When you buy a third-party product, we will let you know that this purchase is governed by the third-party’s own contract terms. You must look directly to the relevant third-party manufacturer for product support, warranties, and to make warranty claims. We agree, however, to assign to you any warranty rights we may receive from the original manufacturer or third-party supplier, to the extent the original manufacturer or third-party supplier allows.
Indemnification
Our Infringement Indemnity : We will defend and indemnify you against infringement damages finally awarded in any legal action brought by a third party against you alleging infringement of any intellectual property rights owned by third parties arising directly and solely from a product, as manufactured and provided by us to you, but always excluding use and/or combination of such product with other products or components. This infringement indemnity does not apply to (a) claims that arose based on your failure to comply with the Agreement; (b) claims that arose based on your failure to acquire any applicable additional intellectual property rights related to your use of the products (“Additional Rights”); (c) products that we made, assembled or labeled in reliance upon your instructions, specifications, or other directions; (d) your use or resale of products; (e) modifications made by you or any third party; and/or (f) products originating from third parties.
This indemnity is our only liability to you, and, your only remedy, for any infringement or claimed infringement of third-party intellectual property rights by or in connection with any product.
Conditions to Our Indemnity : As a condition to our indemnification obligations you must (a) notify us in writing, as soon as you become aware of any claim; (b) not admit any liability or take any other action in connection with the claim that could affect the defense; (c) allow us to solely control the defense or settlement of the claim; (d) give us your reasonable information, co-operation and assistance; and (e) take all reasonable steps to mitigate losses incurred, including allowing us to exercise any and all of options set out in these Terms.
Your Indemnity of Us : If a third party makes a claim against us for infringement of its intellectual property rights based on (a) our manufacture or sale of a product or custom product we make under your instructions, specifications, or other directions, or using materials that you provide to us (b) your failure to comply with the Agreement, (c) your failure to acquire any applicable Additional Rights, and/or (d) your modification, use or resale of a product, then you will indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees and other costs of defending and/or settling any action) that we may have to pay as a result of the claim. In addition, you agree to defend and indemnify us and our affiliates, and our and their directors, officers, employees, contractors, suppliers, representatives, agents, successors and assigns, from and against any and all fines, penalties, suits, actions, claims, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees) resulting or arising from: (a) your breach of any of the terms of the Agreement; (b) your use, sale, handling, storage or disposal of the products or any product or waste derived therefrom; (c) your discharge or release of the products or any product or waste derived therefrom into water, onto land or into the air; and/or (d) your exposing any person (including your workers) to the products or any product or waste derived therefrom, including failure to warn of such exposure.
Intellectual Property
Use Limitations : As between you and us, we exclusively own all intellectual property rights relating to our products and services. Unless we expressly state otherwise, in Supplementary Terms, no right to transfer, distribute or resell our products or any of their components is conveyed expressly, by implication, or by estoppel. Unless expressly permitted by us in writing, you will not modify, change, remove, cover or otherwise obscure any of our brands, trade or service marks on the products. Nothing in the Agreement limits our ability to enforce our intellectual property rights.
Limitation for Purpose and Use : It is solely your responsibility to ensure, by tests or otherwise, that products are fit and suitable for the purpose for which you require them in the conditions in which they will be used. We accept no liability for misuse of the products or failure by you to carry out your statutory obligations. You assume responsibility to assure that the products purchased are approved for use and marketing under any law or regulation, if applicable.
Intellectual Property Infringement : We want to avoid claims of intellectual property infringement. If we believe a product, we have sold to you may be subject to a claim for intellectual property infringement, you must allow us (at our option) to either (a) secure for you the right to continue using the product; (b) substitute the product with another suitable product with similar functionality; and/or (c) tell you to return the product to us and we will refund to you the price you paid. In the case of instruments, we will take off a reasonable amount for the instrument’s use, damage or because it is now out of date or out of use.
Limitations and Exclusions of Liability
To the maximum extent permitted by applicable law, we will not be liable under any legal theory (including but not limited to contract, negligence, strict liability in tort or warranty of any kind) for any indirect, special, incidental, punitive, multiple, exemplary or consequential damages (including but not limited to all costs of cover, lost profits, lost data, loss of business, loss of goodwill or loss of revenue) that you might incur under the agreement, or that may arise from or in connection with our products or services, even if we had notice of the possibility of such damages. In addition, our maximum aggregate liability arising out of or in connection with the agreement, or any product unit or service, is limited to the amount you paid to us for those specific units of delivered product purchased that gave rise to the liability. The provisions above in this section do not limit our liability that cannot be limited by law, including but not limited to liability for fraud and death or personal injury caused by our negligence.
Export Restrictions
Items : You acknowledge that each product and any related software and technology, including technical information we supply you, including those contained in product documents (collectively “Items”), is subject to local government export controls.
Export Controls : The export controls may include, among others, which may restrict or require licenses for the export of Items from the country and their re-export from other countries.
Compliance Requirements : You must comply with the export laws, and all other applicable laws, regulations, treaties, and agreements relating to the export, re-export, and import of any Item. You must not, directly or indirectly, without first obtaining the required license to do so from the appropriate government agency. Export, re-export, distribute or supply any Item to (a) any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the government; (b) any person or entity who is involved in improper development or illegal activities. You will, if we request, provide information on the end user and end use of any Item you export or plan to export.
Audit Cooperation : You will cooperate fully with us in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and will indemnify and hold us harmless from, or in connection with, your or your consultants’, agents’ or employees’ violation.
Safety and Health Communications
You acknowledge that you have read, understand and will comply with all documents we provide or make available in connection with the offer, sale or provision of the products, including information set forth on product labels, product use warnings, Safety Data Sheets, Material Safety Data Sheets, and other technical bulletins and publications containing safety, health, handling and environmental hazard information concerning the products and their properties, as applicable. You agree you are fully responsible for ensuring that you, your personnel and third parties safely and properly use, store and handle the products, including, but not limited to, by adequately: (a) informing your employees, contractors, agents and other third parties who may become exposed to the products after delivery to you of any hazards associated with the products, and of the safe and proper storage, handling and use procedures relating to the products; (b) incorporating available safety, health, handling and environmental hazard information, such as that supplied by us, into your product safety communications and providing such hazard communication documents to all of your employees, contractors, agents and other third parties. If you further process, mix or incorporate the products into another product, you shall disseminate appropriate safety, health, handling, and environmental hazard information to all persons who may be exposed to that other product.
Sale of Chemicals
If the products include any chemicals (i.e., if you purchase any chemicals from us and this Agreement applies to the sale), you may only use the chemicals for appropriate purposes. You shall not use such products for any other purpose, including but not limited to: in vitro diagnostic purposes, food, drug, cosmetic, agricultural or household use. Please refer to our Site for the specification of the most recent lot of a specific product, although note this may not be the lot you will obtain. Certificates of analysis for your specific lot may be available on request. Certificates of analysis are only supplied with semi-bulk and bulk orders and not with catalogue-listed quantities. Should you require a certificate of analysis for a catalogue-listed quantity, we reserve the right to charge you for providing such a certificate of analysis. No return of chemicals will be accepted where you have imposed your own quality parameters unless these have been stipulated on the order and agreed to in writing by us.
Compliance with Laws
If you are reseller of products/services being sold herein then you will comply in all respects with all applicable laws relating to corruption, commercial bribery, and money laundering. You represent and warrant that no part of any fees paid or payable to you or any profits obtained by you in connection with your activities on behalf of MGK Chemicals Private Limited will be (a) directly or indirectly paid, offered, transferred, or given to any third party, official, representative, or employee of any government, government agency, or instrumentality for the purpose of obtaining or retaining business for or with, or directing business to, any person or company, and/or (b) otherwise used for any purpose which would violate the any applicable laws.
Additional Payment Modes
In compliance with provisions, we provide following additional payment modes in addition to normal Bank Transfer: (a) Debit Card; (b) Credit Card; (c) Unified Payments Interface (UPI); (d) Third-party wallet payment. In case of any queries or support required, please contact us; and/or (e) Net-Banking.
Forward of Documents
Please forward all documents to the following address: MGK Chemicals Private Limited, L.S. No. 307/4p, Gangadiya, Samlaya, Savli, Vadodara, Gujarat (391520), India.
Miscellaneous
No Assignment : You may not delegate any duties nor assign any rights or claims hereunder without our prior written consent, and any such attempted delegation or assignment will be void.
Governing Law : The Agreement and performance under it will be governed by the laws of the country where the selling entity (as specified on your order confirmation from us) is located. In the event of any legal proceeding between you and us relating to the Agreement, neither party may claim the right to a trial by jury. Any action arising under the Agreement must be brought within one month from the date that the cause of action arose. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
Jurisdiction : Courts in Vadodara ( Gujarat, India) alone will have jurisdiction to settle any dispute arising out of this Agreement.
Regulatory Restrictions : In addition to the restrictions set out in these Terms: (a) you must use our products in accordance with our instructions; (b) you are solely responsible for making sure that the way you use our products complies with applicable laws, regulations and governmental policies; (c) you must obtain all necessary approvals and permissions you may need; and (d) it is solely your responsibility to make sure the products are suitable for your particular use.
Uncontrollable Circumstances : We will not be responsible or liable for failing to perform our obligations under the Agreement to the extent caused by circumstances beyond our reasonable control. In certain situations, we may use our reasonable judgment and apportion products then available for delivery fairly among our customers.
No Waiver and Invalidity : Our failure to exercise any rights under the Agreement is not a waiver of our rights to damages for your breach of contract and is not a waiver of any subsequent breach. If any provision or part of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement. No person other than you or us will have any rights under the Agreement.
Headings : Headings are for convenience only and shall not be used in the interpretation of these Terms.
Confidentiality : You agree to keep confidential any non-public technical information, commercial information (including prices, without limitation) or instructions received from us as a result of discussions, negotiations and other communications between us in relation to our products or services.
Notices : Any notice or communication required or permitted under these Terms must be in writing and will be deemed received when personally delivered, or 3 business days after being sent by certified mail, postage prepaid, to a party’s specified address.
Requirement to Reduce to Writing : No waiver, consent, modification, amendment or changes to the terms of the Agreement will be binding unless in writing and signed by both of us. Our failure to object to terms contained in any subsequent communication from you will not be a waiver or modification of our Agreement.
Severability : Any provision of the Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
Privacy Policy
Last modified 01 Sep 2023
MGK Chemicals Private Limited values your privacy and the protection of your Personal Data. This MGK Chemicals Private Limited Notice (“Notice”) explains how we collect, store, use, share, transfer, delete, and process information collected from or about you (“Personal Data”) by MGK Chemicals Private Limited, and any directly or indirectly controlled affiliate or subsidiary thereof (collectively, “MGK Chemicals Private Limited,” “we,” “our,” or “us”). As an international company, MGK Chemicals Private Limited has multiple legal entities in different jurisdictions that are responsible for the Personal Data they process, and we process Personal Data in accordance with these applicable laws and regulations.
Principles of Privacy and Data Protection
Transparent : To be open about privacy practices, policies, developments, and the details of any processing that takes place and to specify the purposes for which Personal Data is collected and processed before such collection takes place.
Fair in Processing : To obtain Personal Data in good faith by legitimate, lawful, and fair means and to process Personal Data only in accordance with the purposes for which it was collected.
Engage in Privacy by Design : To ensure we create solutions and process data with privacy at the forefront and in accordance with these principles.
Accountable : To be accountable for complying with measures that give effect to these principles, including by ensuring accountability of third parties with whom we interact through appropriate contracts.
Responsive to Privacy Requests : To be responsive to individual’s privacy rights afforded by law.
Protective : To protect Personal Data using reasonable security safeguards, to ensure data accuracy, and to limit use to that which is necessary for the processing purpose.
Purpose and Reach of Privacy Notice
This Notice applies to Personal Data collected or processed by us online (through websites, applications, email, and otherwise) (“Online Services”); when we process your Personal Data for your potential participation as a research subject; when we process Personal Data for your potential participation as an investigator or a member of the investigator team; when we process information and in connection and adverse events, complaints, and reports; when we provide products or services to you, your institution, your organization, or your company, and individuals employed by or working for or with such organization, or your members; and in other situations where you interact with us, including but not limited to interacting with or visiting our sites and offices or our events (e.g., tradeshows and conferences) (such products, services, Online Services, and other systems collectively, the “Products and Services”); when we process your data as an employee of a company for which we provide Products or Services; or anywhere this Notice is posted or referenced. This Notice also applies to Personal Data that is collected or processed when you interact with us in person, by telephone, or by mail. MGK Chemicals Private Limited may have other unique privacy notices that apply to certain specific situations, including informed consent forms for use in interventional and observational research. To the extent you were provided with a different privacy notice or policy and those policies or notices apply, those policies or notices will govern our interactions with you, not this one. If you provide us with Personal Data of anyone other than yourself, please note that you are responsible for complying with all applicable privacy and data protection laws prior to providing that information to MGK Chemicals Private Limited (including obtaining consent, if required). Please review this Notice carefully. To the extent permitted by applicable law, by providing us your Personal Data or otherwise interacting with us, you are agreeing to this Notice. The MGK Chemicals Private Limited subsidiary or affiliate with whom you, your employer, your institution, or your company is interacting or who owns and operates the Product or Service is, where applicable, the entity responsible for the collection and use of your Personal Data (known in some jurisdictions as the “data controller”).
Marketing, Cookies and Tracking
Marketing Uses, Cookies, and Other Activities : To the extent permitted by applicable law, including in accordance with your consent where required by applicable law, we may engage in the following activities: (a) We may use your contact details to contact you to determine whether you would like to initiate a business relationship with us or to send you marketing emails. If you do not wish to receive such marketing emails, you may opt out by declining to receive such emails when registering or in our subsequent communications by following opt-out instructions included in the email or at other information collection points on the Online Services; (b) We may display advertisements to you regarding Products and Services that we believe are relevant to you based on your activities on the Online Services or on other web or digital properties. Such advertisements may be shown on our Online Services or the online services of others. We achieve this by using, and allowing third parties (e.g., Facebook, LinkedIn) to use certain cookies, eTags, pixels, web beacons, and other tracking technologies to track your activities on our Online Services and other online services; (c) We may make customer offers to you based on your activities across different Online Services, including activities on other web or digital properties or your other interactions with MGK Chemicals Private Limited that are not via the Online Services (e.g., regional offers based on the location of your office listed on order forms); and/or (d) We also perform statistical analyses of the users of our Online Services to improve the functionality, content, design, and navigation of the Online Services.
Processing Using Website Tracking : On certain of our websites, we use Google Analytics, to help us understand how users engage with this and other of our websites. Google Analytics may track your activity on our sites (i.e., the pages you have seen and the links you have clicked on) and helps us measure how you interact with the content that we provide. This information is used to compile reports and to help us improve the sites. The reports we receive disclose website trends without identifying individual visitors. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Interactive Features of our Websites : To the extent we offer any public or group forums on our Products or Services, such as newsfeeds, blogs, message boards, or similar tools (“Interactive Features”), the posts or comments you make may be public and viewed by others. You should use care before posting information about yourself, including Personal Data. You acknowledge and understand that you have no expectation of privacy or confidentiality in the content you submit to Interactive Features over the Products and Services. Except when required to do so by applicable law, we assume no obligation to remove Personal Data you post on our Products and Services, and your disclosure of any Personal Data through the Interactive Features is at your own risk.
Third Parties
Third-Party Service Providers : Third-party service providers acting on our behalf must execute agreements including confidentiality requirements and will only process Personal Data as necessary to perform their functions in a manner consistent with this Notice, other applicable privacy notices, and as explicitly permitted or required by applicable laws, rules, and regulations. Our third-party service providers may be located in the India and other jurisdictions.
Combination of Data with Data Received from Third Parties : We may combine information we collect, whether Personal Data or not, with Personal Data that we may obtain from third parties.
Links to Other Websites : Our Products or Services may contain links to other websites, applications, products, or services that are not owned or operated by MGK Chemicals Private Limited, such as social media websites and applications like Facebook and Twitter. You should carefully review the privacy policies and practices of other websites, products, and services as we cannot control and are not responsible for privacy policies, notices, or practices of third-party websites, applications, products, and services.
Your Rights regarding your Personal Data
Please note that in many circumstances, we cannot effectively do business with you without processing some Personal Data about you (e.g., your contact information). For example, when you contact customer service representatives, we may require you to provide information to authenticate your identity to assist you with your request. If you are unable to provide this information, we may be unable to process your request. You may have a right under your area’s data protection law to the following rights with respect to some or all of your Personal Data: (a) To request access to your Personal Data; (b) To request that we rectify or erase your Personal Data; (c) To request that we restrict or block the processing of your Personal Data; (d) To provide your Personal Data directly to another organization, i.e., a right to data portability; (e) When we previously obtained your consent, to withdraw consent to processing; and/or (f) To lodge a complaint with the data protection authority in your area. You can make a request with respect to your Personal Data by submitting the form. We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. We may, after receiving your request, require additional information from you to honor the request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so. When we receive your Personal Data from our customers and process your Personal Data on their behalf, we do so in the capacity of a data processor. We do not have control over our customers’ privacy and security practices and processes. If your Personal Data has been submitted to us by a MGK Chemicals Private Limited customer and you wish to exercise any of the above-mentioned rights, please contact the relevant customer directly, or provide us with the name of the customer so that we can appropriately refer your request to them.
Transfer of Personal Data across National Borders
Please be aware that Personal Data we collect and process may be transferred and maintained outside your state, province, country, or other jurisdiction where the privacy laws may not be as protective as those in your location, including the India. MGK Chemicals Private Limited has put in place lawful transfer mechanisms and adequate safeguards, in accordance with applicable legal requirements, to protect your Personal Data.
Safeguarding Information
Consistent with applicable laws and requirements, MGK Chemicals Private Limited has put in place physical, technical, and administrative safeguards to protect Personal Data from loss, misuse, alteration, theft, unauthorized access, and unauthorized disclosure consistent with legal obligations and industry practices. However, as is the case with all websites, applications, products, and services, we unfortunately are not able to guarantee security for data collected through our Products and Services. In addition, it is your responsibility to safeguard any passwords, ID numbers, or similar individual information associated with your use of the Products and Services.
Personal Data Retention Period
We generally retain Personal Data for as long as needed for the specific business purpose or purposes for which it was collected. In some cases, we may be required to retain Personal Data for a longer period of time by law or for other necessary business purposes. Whenever possible, we aim to anonymize the information or remove unnecessary identifiers from records that we may need to keep for periods beyond the specified retention period.
Changes to Privacy Notice
We reserve the right to change this Notice from time to time. We will alert you when changes have been made by indicating the date this Notice was last updated as the date the Notice became effective or as otherwise may be required by law. It is recommended that you periodically revisit this Notice to learn of any changes.
Shipping Policy
Last modified 01 Sep 2023
Welcome to MGK Chemicals Private Limited, (“us,” “we,” “our,” “MGK Chemicals,” or “Distributor”), a Web site focused on the sale of products (“Products”) to businesses and other entities via the Internet. In order to help make our site (“Web site”) a trustworthy and safe place to buy goods, all users (“you”, “your” or “Subscriber”) of our service are required to accept and comply with our Web Site Use Agreement, which includes acceptance of, and compliance with, all of the terms and conditions provided herein, as amended from time to time. This Web site provides an Internet-based venue for the sale and purchase of Products distributed by MGK Chemicals Private Limited and manufactured by MGK Chemicals Private Limited, and other leading manufacturers and suppliers (our “Suppliers”). This Web Site Use Agreement explains the contractual agreement between you and us regarding your use of our Web site, as well as the terms and conditions applicable to your purchase of Products on our Web site (collectively, the “Terms of Use”).
Order Placement and Charges
Registering on our Web site is free to eligible Subscribers. Subscribers may purchase any of the Products provided on the Web site at the prices designated on the Web site by selecting Products for purchase and completing our electronic order form (an “Order”). Distributor charges Subscribers according to the terms of your written contract with Distributor, or, in the absence of any such contract, according to Distributor’s practices from time to time for shipping and handling costs and applicable sales taxes. All charges for Products ordered are displayed to the Subscriber on the pending Order prior to placement of the Order by Subscriber. Distributor expressly disclaims any representation or warranty concerning “most favored customer” pricing in connection with the sale of any Products by Distributor to Subscribers.
Product Delivery
General : Subscriber hereby acknowledges and agrees that all Products ordered on the Web site shall be shipped by MGK Chemicals Private Limited or drop shipped by the applicable manufacturer or other supplier using our authorized carrier or a carrier authorized by the applicable manufacturer or supplier (the “Designated Shipper”) and delivered to Subscriber’s designated delivery location. Distributor and its suppliers cannot ship to post office boxes.
Delivery Subject to Product Availability : Although Distributor has attempted to ensure that the inventory availability of Products is properly designated on the Web site for many Products, Subscriber acknowledges that from time-to-time even those Products designated as in inventory will not be available at time of shipment. If an Order cannot be shipped in its entirety by the close of business the day following placement of the Order, Distributor will promptly notify Subscriber, and provide an estimated shipment date for those items which are unavailable. Distributor reserves the right to substitute alternate products with equivalent specifications for those ordered. Subscriber shall have the right to return any substituted products at no charge by following the return goods policy as stated herein. Distributor further reserves the right to make delivery in installments for those items of an Order, which are available for immediate shipment, and to bill Subscriber separately for any such items delivered. Subscriber may cancel those items on the Order that are subject to the delay by notice to Distributor within 48 hours of receipt of the delay notification, provided that such Products have not yet been shipped. If Distributor receives no such notice of cancellation, the estimated product availability and shipment date will be deemed accepted. The foregoing sets forth Distributor’s entire obligation with regard to Product availability and shipment delays. Distributor shall not be liable for any late shipment or any failure to ship any Product(s).
Tracking Number : Upon issuance of an Order by Subscriber for Products on the Web site, Distributor shall immediately generate a tracking number and notify the Subscriber and the Supplier(s) of the logistical information associated with pickup and delivery of the Product(s) by the Designated Shipper. You may track the status of shipments relating to any Order you place using the tracking number on our Web site.
Installation : Subscriber shall make available a suitable place for equipment installation within its facilities in accordance with applicable installation specifications and procedures. Subscriber shall furnish all labor required to place the Products in the desired location. Distributor or the manufacturer, as applicable, shall install the Products in accordance with their customary procedures.
Product Acceptance
Immediately upon receipt of Products shipped hereunder, Subscriber shall inspect the Products and notify Distributor in writing of any claims for order or shipping errors, shortages, defects or damages and shall hold any such goods for Distributor’s written instructions concerning disposition. If Subscriber fails to notify Distributor within five (5) days after receipt of Products, the Products shall conclusively be deemed to conform to the terms provided herein and shall be irrevocably accepted by Subscriber.
Payment for Products Ordered
Distributor shall automatically charge Subscriber’s account for all Orders. In the event Subscriber does not have an account with a chargeable balance adequate to cover the Order amount, Distributor shall charge the Order to the credit card account authorized by Subscriber. The amount of payment due shall be that amount reflected in each Order at time of Order placement by Subscriber, comprised of the price of Products ordered at the time of Order placement, applicable shipping charges, and applicable taxes reflected in the Order. Unless otherwise agreed to by the Distributor in a written contract with Subscriber, payment shall be due promptly upon the provision of ordered Products to the Designated Shipper at Supplier’s shipping point. Distributor reserves the right to collect interest at a rate equal to the highest applicable lawful interest rate on invoiced amounts not paid within seven (7) days of invoice date, with interest to accrue monthly until full payment is received.
Returns & Refunds
Last modified 01 Sep 2023
Welcome to MGK Chemicals Private Limited, (“us,” “we,” “our,” “MGK Chemicals,” or “Distributor”), a Web site focused on the sale of products (“Products”) to businesses and other entities via the Internet. In order to help make our site (“Web site”) a trustworthy and safe place to buy goods, all users (“you”, “your” or “Subscriber”) of our service are required to accept and comply with our Web Site Use Agreement, which includes acceptance of, and compliance with, all of the terms and conditions provided herein, as amended from time to time. This Web site provides an Internet-based venue for the sale and purchase of Products distributed by MGK Chemicals Private Limited and manufactured by MGK Chemicals Private Limited, and other leading manufacturers and suppliers (our “Suppliers”). This Web Site Use Agreement explains the contractual agreement between you and us regarding your use of our Web site, as well as the terms and conditions applicable to your purchase of Products on our Web site (collectively, the “Terms of Use”).
Incomplete Transactions and Cancellations of Orders
Termination Prior to Shipment : Subscriber may cancel an order prior to pickup by Designated Shipper at Supplier’s shipping point. In such case, no payment will be due.
Termination Subsequent to Shipment and Prior to Acceptance : Subsequent to pick up by the Designated Shipper, but prior to Acceptance of Products, as provided above, Subscriber may cancel an Order by contacting Distributor within the five (5) day Acceptance Period provided above. Distributor will provide Subscriber with disposition instructions, and may charge the Subscriber for shipping expenses and restocking fees.
Product Returns
All returns, replacements, technical services and support shall be handled by Distributor’s customer service organization as follows: Products described below may be returned to Distributor within 7 days for replacement or adjustment. To assure prompt handling, Subscriber must obtain a Return Goods Authorization Number (“RGA Number”) from Distributor and reference this number on return shipping documents. Returns made without the RGA Number will be returned to Subscriber, freight collect. Distributor reserves the right to reverse any credit issued to Subscriber: (a) for any Product not returned after authorization and requested by Distributor; and/or, (b) if, upon return, such Product is determined by Distributor not to be defective. Distributor will grant full credit for: (a) Products not supplied in accordance with Subscriber’s orders; and/or, (b) Products which are defective at the time of receipt by the Subscriber. Distributor will grant partial credit for Products ordered in error, with the exceptions noted below. Product returns for Products ordered in error are subject to a 15% restocking charge plus any applicable charges for necessary inspection, reworking or refurbishing, or for items not normally cataloged by Distributor. Hazardous materials authorized for return must be packed, labeled and shipped in accordance with DOT regulations governing transportation of hazardous materials and any other applicable requirements. Distributor will not grant credit for: (a) Products which have been discontinued; (b) Products which are personalized or customized; (c) Non-Distributor line products supplied to Subscriber as an accommodation, including, without limitation, third party purchases; (d) Products not purchased from Distributor; (e) Refrigerated or temperature controlled Products; (f) Products which are outdated, shelf-worn, used or defaced and, therefore, unsuitable for return to stock and resale as new; (g) Chemicals which have been opened; and/or (h) Products that have been shipped outside the India.
The MGK Brand Guarantee
Solely with respect to MGK Brand Products purchased in the India, they may be returned for any reason within 7 days of purchase for full credit of the purchase price (excluding freight) with the following exclusions: (a) Products not purchased from Distributor; (b) Refrigerated or temperature controlled Products; (c) Chemicals which have been opened; (d) Equipment and instruments with a purchase price of INR 50,000 or more; (e) Products that have been shipped outside the India.
Product Warranty and Disclaimer
Orders placed for Products on this Web site are subject only to the relevant manufacturer’s standard commercial warranty terms in effect at the time of Order placement by Subscriber, which warranty terms shall be made available to Subscriber to the fullest extent possible through Distributor. We warrant only that the Products delivered shall conform substantially with the description of such Products as provided on our Web site. This warranty is exclusive and we make no other warranty, express or implied, including any implied warranty of merchantability or fitness for any particular purpose. Your exclusive remedy against Distributor and any Supplier with respect to Products proved to our satisfaction to be defective or nonconforming shall be the replacement of such Product without charge or refund of the purchase price, upon the return of such Product in accordance with our instructions prior to Acceptance. In no event shall distributor, distributor’s subsidiaries or affiliates, or any supplier be liable under any legal theory (including but not limited to contract, negligence, strict liability in tort or warranty of any kind) for any indirect, special, incidental, consequential or exemplary damages (including but not limited to lost profits), even if we or any of our subsidiaries, affiliates or suppliers had notice of the possibility of such damages. If we deliver custom goods for you based on instructions, specifications, or other directions you provide to us, distributor, our subsidiaries, affiliates and suppliers shall not be liable for the lack of sufficiency, fitness for a particular purpose or quality of the goods to the extent attributable to such instructions, specifications, or other directions.
Other Restrictions
This policy is subject to change without notice by MGK Chemicals Private Limited. This policy is further subject to modification or revision as MGK Chemicals Private Limited may deem appropriate or necessary to comply with applicable national, state, local and international laws, rules and regulations, and any other applicable regulatory agency guidelines and restrictions.