Terms & Condition

Terms & Condition

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Services provided to you (“the Customer”) from Unite Assured Security Private Limited  (“UAS”) are provided on the basis of these Terms and Conditions of Service (“Agreement”). By placing an Order with UAS, you agree that this Agreement applies to the provision of such services. Unless an authorised person of UAS gives an acknowledgement by notice in writing, no variation of the provisions of this Agreement is permitted. A binding contract is formed between you and UAS upon this Agreement  being signed by both parties. The terms and conditions described in this Agreement shall apply to the exclusion of any other terms and conditions whatsoever.

1. PRICE

1.1 The prices to be paid under this Agreement are as detailed in the Order. In the event that the price of any service is omitted, you shall pay UAS’s standard price for the relevant Service current at the time of performance of the Services.

1.2 In the event prices are stated to include duties and taxes, these have been calculated on rates applicable at the time of quotation. Prices shall be adjusted to take into account the amount of duties and taxes actually paid or payable.

1.3 Any tax, impost, duty or other levies are to be borne by you. If any such sums are required by law to be withheld, collected or paid, UAS will be entitled to add those amounts to the price. GST is not included in the price and will be added.

1.4 Any charges not expressly included in the price are payable by you.

1.5 UAS reserves the right to raise invoices to be paid for progress claims. Progress claim invoices for Services may be raised by UAS in accordance with the payment schedule referred to in an Order or, in the absence of any such payment schedule, progress claims may be made by UAS at its option.

1.6 Any quotations given by UAS are subject to written confirmation given by UAS.

2. PAYMENT

2.1 You shall pay the full price of the Services at the time of Order unless otherwise provided in an Order or specifically agreed in writing by UAS.

2.2 Payment shall be made within fourteen (14) days of delivery of an invoice by UAS by:

(a) cheque, electronic funds transfer, direct deposit, cash funds; or

(b) an irrevocable letter of credit issued or confirmed by a bank on terms and conditions acceptable to UAS.

2.3 All prices are in Indian Rupees.

2.4 All moneys owing to UAS pursuant to an invoice which remains unpaid for thirty (30) days after the date such moneys become due for payment shall bear interest as and from the date upon which payment is due.

3. THE SERVICES

UAS reserves the right to revise at any time the extent or type of Services it agrees to supply to you if it reasonably believes that such other services can fulfil the same function.

4. ACCEPTANCE

4.1 Services performed by UAS shall be deemed to have been accepted unless within seven (7) days of completion of such Service you notify UAS in writing of any deficiencies and provide reasonable evidence thereof.

5. WARRANTY AND LIMITATION OF LIABILITY

5.1 Where Services are defectively performed UAS shall perform such services again to the extent necessary to correct the defect.

5.2 The liability of UAS is expressly limited to the fee paid by you for the Services. UAS shall not be liable to you or your servants, agents, customers or representatives for any direct, indirect, incidental or consequential loss or damages of any nature howsoever caused (whether based on tort,or contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation, direct or indirect labour costs and overhead expenses, damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attributable to the performance of the Services and in no event shall any claim be recognised unless the claim is in writing and received by UAS within fourteen (14) days of the date of performance.

6. DELAY AND FORCE MAJEURE

6.1. Any Services to be supplied by UAS will be supplied during regular business hours on Business Days. If for any reason you request UAS to provide services outside regular business hours, any overtime or additional expenses occasioned shall be invoiced to and payable by you to UAS at UAS’s monitoring rates applicable from time to time.

6.2 Additional costs incurred by UAS due to cessation of work occasioned by your instructions (or lack of instructions), by any interruptions, mistakes or work for which UAS is not responsible, shall be reimbursed by you to UAS upon demand.

6.3. UAS shall not be liable for any failure to perform its obligation under this Agreement for any cause beyond its reasonable control including without limitation fire, flood, strikes, lockouts, accidents (including motor vehicle accidents), demands or requirements of Government or statutory authorities, transportation delays, fuel and energy shortages, defaults of sub-contractors or any other cause beyond its control.

6.4 In the event of any delay of the kind referred to in sub-clauses 6.2 and 6.3, the date or dates for performance of Services under this Agreement by UAS shall be extended for a period at least equal to the time lost by reason of the delay or the delays caused.

7. DEFAULT

In the event that-

7.1 you become insolvent or unable to pay your debts as they fall due or a receiver is appointed or you are subject of voluntary or involuntary bankruptcy proceedings;

7.2 you are in a material default of any obligation hereunder;

7.3 you fail to make any payment in full on the due date(s);

7.4 you purport to assign any rights or obligations under this Agreement without the prior written consent of UAS; or

7.5 by any act or omission, cause UAS to be in breach of any law which may result in UAS being liable for a fine or penalty;

then UAS may by written notice to you either require payment in full prior to performance of any further Services, suspend performance of its obligations under this Agreement or cancel any Order. Such action shall be without prejudice to any other rights UAS may have, whether for damages or otherwise.

8. LICENCES AND PERMITS

8.1 All Services performed by UAS are on the understanding that all licences and permits under any relevant statutes, ordinances, rules and regulations have been obtained by you.

8.2 You must ensure that the performance of any Services by UAS and you meet all statutory requirements.

9. GENERAL PROVISIONS

9.1 The delivery of an Order attaching or containing this Agreement, or the signing of this Agreement by you, constitutes an offer and is the basis of an enforceable contract.

9.2 Such offer cannot be revoked, withdrawn or cancelled by you and is not binding upon UAS until it has been accepted and signed by its authorised representative whereupon a binding contract shall come into existence.

9.3 This Agreement together with any Order shall constitute the entire agreement between the parties.

9.4 This Agreement will be governed by the Indian laws.

9.5 In the event that any provision of this Agreement is declared void, invalid or illegal then such provisions that are not void, invalid or illegal will not be affected.

9.6 No waiver, change or modification of any terms or conditions set out in this Agreement or an Order or other documentation provided by UAS shall be binding on UAS unless in writing signed by an authorised representative of UAS.

9.7 If at any time any question, dispute or difference arises between UAS and you in relation to or in connection with this Agreement or the Services, either party may give to the other notice in writing of the existence of such question, dispute or difference and, if the matter cannot be resolved by negotiation between the parties for a period of twenty one (21) days, the party giving notice must, prior to taking any other action, refer the question, dispute or difference to the arbitration of a person mutually agreed by the parties.

10. DEFINITIONS AND INTERPRETATIONS

In this Agreement:-

10.1 Business Day means a day on which banks generally are open for trading business in  India.

10.2 Order means an order for Services in the form of a Monitoring Agreement or such other form approved by UAS from time to time, whether attached to or containing this Agreement, or otherwise.

10.3 Services means any security service provided or to be provided under a UAS Monitoring Agreement.