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Terms And Conditions

1. INTRODUCTION

1.1 The following Terms and Conditions of Use apply to your use of the online marketplace provided by SKF India Limited a company incorporated under the Companies Act, 1956 and having its registered office at MGM Building, Netaji Subhash Road, Mumbai, Maharashtra – 400002 (“SKF”) through its website https://eprocureindia.skf.com/  (collectively referred to as the “Marketplace”), that allows SKF distributors to sell and the customers to buy SKF and Lincoln products viz. Bearings, Bearings kits, , seals, Grease, Grease Guns, etc.[insert description of the products] (hereinafter referred to as the “Products”) in accordance with the terms and conditions agreed between the seller and the buyer. SKF provides this Marketplace to the seller and the buyer in accordance with these Terms and Conditions of Use but it is hereby clarified that SKF shall not be a party to any actual contract of sale of the Products. The actual contract for sale of the Products through this Marketplace is directly between the seller and the buyer and all terms and conditions for sale are offered by and agreed to between the seller and the buyer alone.     

1.2 This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.3 This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this Marketplace, including the related mobile site.

1.4 These Terms and Conditions of Use together with the Privacy Policy https://eprocureindia.skf.com/  and all other additional terms and conditions and policies posted on the Marketplace (collectively referred to as “Terms and Conditions”) constitute a legally binding agreement between the user of the Marketplace and SKF, being the owner of the Marketplace. Please read the Terms and Conditions carefully before proceeding, as by completing the registration process and/or by using the Marketplace, you signify your agreement with these Terms and Conditions. If you do not agree with any of these Terms and Conditions, then please do not access the Marketplace and/or complete the registration process on the Marketplace. In case of any discrepancy between these Terms and Conditions of Use and any other content on the Marketplace, these Terms and Conditions of Use shall prevail. By confirming your acceptance to these Terms and Conditions, you hereby (a) represent and warrant that you are entitled to enter into agreement with SKF and that no other person is accepting these Terms and Conditions on your behalf; and (b) accept the provisions of these Terms and Conditions and your responsibilities and obligations in all aspects related to your use of the Marketplace, either for selling or for buying the Products. If you confirm these Terms and Conditions as an employee, agent, contractor or other representative any entity, you hereby represent and warrant that you have the right and authority to validly bind such entity.

1.5 As part of the Marketplace, SKF may provide certain tools or guidance for the benefit of its users and to facilitate and support the selection, configuration, sale and purchase of the Products through the Marketplace. Any information or guidance which may be provided by SKF to its users is solely for information purposes and the users, at their own discretion, may decide to follow such guidance. SKF hereby declares that SKF has no control over and is in no way responsible for the existence, quality, safety or legality of the Products advertised on the Marketplace, truth or accuracy of the content posted by the sellers on the Marketplace, the ability of the sellers to sell the Products and performance and fulfilment of the contract for sale of the Products, the ability of the buyer to pay for the ordered Products, satisfactory or timely delivery of the Products by the seller, etc.   

1.6 SKF retains the right at any time to deny or suspend access to any or all sections of/services provided through the Marketplace to any user, who SKF believes, has violated any of the provisions of these Terms and Conditions. 

2. USE OF THE MARKETPLACE

2.1 Subject to the provisions of the Terms and Conditions of Use, by conveying your acceptance to the Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, limited and revocable right to access the Marketplace for the purposes of selling or buying the Products.

2.2 While some of the content and pages of the Marketplace are free to view, but to purchase the Products, you will need to create an account on the Marketplace. To create an account on the Marketplace, you will be asked to complete the registration form and fill in certain details such as name, address, mobile number, e-mail id, etc. You expressly acknowledge that SKF and the sellers listed on the Marketplace for selling the Products, will rely on the information as would be provided by you and thus you hereby warrant that any and all information provided by you in the course of creating the account is true and accurate. You will immediately inform of any changes to registration information including changes in the expiration date of any credit card or charge card used in connection with purchase of any Products using the Marketplace and changes in home or billing address.

2.3 Transaction on the Marketplace is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Marketplace. If you are a minor i.e. under the age of 18 years, you may use the Marketplace or access content on the Marketplace only under the supervision and prior consent/ permission of a parent or a legal guardian.

2.4 SKF reserves the right, at its absolute discretion and without assigning any reason, to refuse any user from creating an account on the Marketplace or to suspend or cancel an account. SKF also reserves the right to suspend or cancel at any time and without notice the account of any user who is found to be in breach of these Terms and Conditions or if any user who in the reasonable opinion of SKF is guilty of conduct which is detrimental to the reputation of SKF.  

2.5 You hereby confirm and acknowledge that you shall be solely responsible for maintaining the confidentiality of your user name and password and restricting any unauthorized access and use of this Marketplace using your user name and password. You will be responsible for all access to and use of this Marketplace through your user name and password, including purchase of any Products which results in monetary charges being imposed onto you, whether or not you have the knowledge of or authorize such access and use. You will notify SKF immediately of any unauthorized disclosure or use of user name and password, or if you suspect the privacy of your user name and password has been breached and/or jeopardized. Until SKF is notified of a breach in security, you will remain liable for any unauthorized disclosure or use of your user name and password. You are cautioned, at your sole liability, to exercise particular care while using public networks/WIFI connection or accessing your account from public computers.

2.6 You shall not (i) select or use as a user name, a name of another person with the intent to impersonate that person; (ii) use as a user name, a name that is otherwise offensive, vulgar or obscene. SKF reserves the right to refuse registration of or cancel a user name in its sole discretion. You will be solely responsible for any and all activity that takes place in or through your account. 

2.7 SKF also reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the preferences that you identify during the registration process and at any time thereafter from your online account and/or based on your history of purchase of Products from the Marketplace.

2.8 As a registered seller on the Marketplace, you are allowed to list the Products for sale on the Marketplace in accordance with the Terms and Conditions and any additional terms and conditions that may apply to you as a registered seller. You must be legally permitted to sell the Products through the Marketplace.

2.9 In the course of operating the Marketplace, SKF will be required to monitor your usage of the Marketplace for legitimate purposes, such as (a) providing, maintaining and developing the Marketplace; (b) preventing, detecting and repairing problems related to security and/or the operation of the Marketplace; (c) charging, if any, for seller’s access to and use of the Marketplace; (d) creating reports, for e.g. number of Products sold by a seller, revenue by each Product category, etc.; and (e) improving the user experience for accessing the Marketplace.

2.10 SKF may charge the sellers a fee for accessing and using the Marketplace for sale of Products or for any other separately agreed charged, such as penalty charges in case of order cancellations without a genuine reasons, non-fulfilment of the orders, etc. Any and all such charges and the corresponding payment terms shall be agreed separately between SKF and the sellers. 

3. TRANSACTIONS ON MARKETPLACE

3.1 The Marketplace is a platform that enables the registered sellers to sell the Products to the registered buyers. SKF is not and cannot be a party to or control in any manner any transaction between the users of the Marketplace. Accordingly, 

a. All commercial/contractual terms are offered by and agreed to between the registered sellers and the buyers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after sales services related to the Products. SKF does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the registered sellers and the buyers. Any and all discounts, offers (including exchange offers) on the Products are by the registered seller and not by SKF. SKF shall, however, be entitled to introduce certain loyalty programs for its customers, which loyalty programs shall be governed by their respective terms and conditions.

b. Placement of an order by a buyer with a registered seller on the Marketplace is an offer to buy the product(s) in the order by the buyer to the registered seller and it shall not be construed as the seller’s acceptance of buyer's offer to buy the Product(s) ordered. The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by the seller, shall be refunded to the buyer. Further, the seller may cancel an order wherein the quantities exceed the typical consumption for such Product(s). This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the seller and may vary from individual to individual. 

c. SKF does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Marketplace. SKF does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Marketplace. SKF accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

d. SKF is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. SKF cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Marketplace. SKF shall not and is not required to mediate or resolve any dispute or disagreement between buyers and the sellers.

e. SKF does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Marketplace and use your best judgment in that behalf.

f. SKF does not at any point of time during any transaction between buyer and the seller on the Marketplace come into or take possession of any of the Products offered by the seller nor does it at any point of time gain title to or have any rights or claims over the Products offered by the seller to the buyer.

g. At no time shall SKF hold any right, title or interest over the Products nor shall SKF have any obligations or liabilities in respect of such contract entered into between buyers and the sellers. SKF is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.

h. Marketplace is only a platform that can be utilized by the users to reach a larger base to buy and sell the Products. SKF is only providing a platform for communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the seller and the buyer.

3.2 Products offered by sellers may be eligible for business purchases on the Marketplace. In this regard, it is hereby clarified that:

a. Upon your purchase of Product(s) eligible for business purchases, you may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to you by the seller(s) selling such Products.

b. GST invoice will have, inter alia, the following details printed on it – GSTIN associated with your registered business, name of your registered business, etc., as provided by you.

c. For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.

d. The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.

e. SKF and/or the seller shall not be responsible to verify the correctness of the GSTIN and/or entity name provided by you and you shall be entirely responsible to provide the accurate details.

f. SKF and seller shall not entertain any request for any revision in the GST Invoice. SKF and seller shall not be liable for your default including for reasons associated with details provided by you.

g. SKF and the seller will not be liable in case you are not able to avail input tax credit or if input tax credit is denied to you for any reason whatsoever.

h. You shall be solely liable for all compliances required under applicable laws.

i. You agree to indemnify and hold SKF and the seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.

3.3 You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with in the course of purchase of the Products through the Marketplace.

3.4 Pricing on any Product(s) as is reflected on the Marketplace may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

3.5 You hereby release and indemnify SKF and/or any of its group entities and each of their officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Marketplace and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, SKF cannot take responsibility or control the information provided by other users which is made available on the Marketplace. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Marketplace.

4. PAYMENT FACILITY ON THE MARKETPLACE 

4.1 While availing any of the payment method(s) available on the Marketplace, SKF will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

a. Lack of authorization for any transaction(s); 
b. Exceeding the pre-set limit mutually agreed by you with your bank(s); 
c. Any payment/refund issues arising out of the transaction; or
d. Decline/cancellation of transaction for any other reason(s).

4.2 All payments made against the purchases on the Marketplace by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Marketplace will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Marketplace.

4.3 Before shipping/delivering your order to you, seller may request you to provide supporting documents (including but not limited to Govt. issued ID, GST no. and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

4.4 It is hereby further clarified that:

a. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products, etc. are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility provided on the Marketplace is merely used by the buyer and seller to facilitate the completion of the Transaction. Use of the payment facility shall not render SKF liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Marketplace.

b. You understand, accept and agree that the payment facility made available on the Marketplace is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, using the existing authorized banking infrastructure and credit card payment gateway networks. 

5. YOUR REPRESENTATIONS; WARRANTIES AND INDEMNITY

5.1 You acknowledge, represent and warrant to SKF as follows:

a. You will be solely responsible for your use of this Marketplace including content, material and information posted and published on the Marketplace and you will use this Marketplace legally and only for the purposes that it is intended to be used for. 

b. You will fully comply with these Terms and Conditions.

c. You will be fully responsible for your use of this Website, including all financial charges and legal liability that you may incur.

d. You acknowledge that the internet or SKF’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of SKF. You acknowledge that SKF will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

e. You will indemnify SKF, its affiliates, employees, experts, trainers, etc., as applicable, against any claim or demand, including reasonable legal fees, incurred by any of them due to or arising out of any content that you submit, post, transmit or make available through this Marketplace; or any other website that chooses to link to or display the content; your use on or of this Marketplace; any unlawful, unauthorized or prohibited use of this Marketplace; and/or your violation of these Terms and Conditions.

5.2 You hereby agree that you will indemnify and hold SKF and its affiliates as well as each of their directors, officers, employees, agents and representatives, harmless from and against all costs, claims, demands, liabilities, expenses, damages or losses, including reasonable attorney’s fees, arising out of or in connection with any alleged or actual (a) infringement of any third party’s intellectual property rights by you; (b) violation of any third party’s rights related to your use of the Marketplace or breach of the Terms and Conditions; (c) your violation of any applicable laws; (d) your breach of these Terms and Conditions; (e) dispute between you and a third party arising out of or connected with the use of this Marketplace, including but not limited to dispute between seller and the buyer; and/or (f) unauthorized, improper, illegal or wrongful use of your account. 

6. USE OF COMMUNICATION FORUM ON THE WEBSITE

6.1 Certain sections and services of this Marketplace may provide you a platform to generally express yourself and certain communication facilities may allow interactivity between users of the Marketplace, including without limitation by way of blogs, posting boards and other message or communication facilities. By way of example, and not as a limitation, you hereby agree not to: 

a. use the platforms provided by this Marketplace for any purpose other than as expressly permitted by SKF including but not limited to using the information to sell or promote any products or services. 

b. post on this Marketplace any content, whether or not containing links, for any competitor of SKF. 

c. collect, post or submit on this Marketplace any incomplete, fictitious, false or inaccurate biographical information. 

d. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or has received all necessary consents thereto.

e. upload, post, publish, distribute, transmit, link or otherwise make available or disseminate, whether or not through links, through this Marketplace any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise objectionable material or information.

f. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Marketplace.

g. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Marketplace’s systems and infrastructure.  

h. upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes. 

i. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

j. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Marketplace. 

k. aggregate, copy or duplicate in any manner any content or information available from this Marketplace. 

l. attempt to gain unauthorized access to this Marketplace or its services, other users’ accounts or computer systems, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses from the profile pages or from the database of any user for any use without the written permission of SKF and/or user is considered as theft and legal action will be taken against offenders.

m. upload, share or otherwise distribute any text, graphics, images, videos or data which is unlawful, threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy or impersonate another person.

n. upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

7. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

7.1 All right, title and interest, including all intellectual property rights, in and to the Marketplace as well as all right, title and interest, including all intellectual property rights, in and to any variations, modifications and derivative works of the Marketplace are and remain exclusively with SKF, its affiliates or its licensors. You have no rights in and to the Marketplace, other than those expressly granted pursuant to these Terms and Conditions.

7.2 In the course of your use of the Marketplace, you may provide feedback or suggestions related to the Marketplace and in case you are a buyer you may provide feedback related to the seller. We and our affiliates are entitled to use such feedback and suggestions, even if they should be marked confidential, without any restrictions and any compensation to you.

7.3 You will not in whole or in part (i) use the Marketplace in any manner other than explicitly permitted in these Terms and Conditions, including for any third party use including license, sublicense, sell, resell, lease, transfer, assign, distribute, display, broadcast, disclose, or otherwise commercially exploit or make it, or any portion thereof, available to any third party in any manner; (ii) modify, tamper with, repair or make derivative works based upon the Marketplace; (iii) copy, reproduce, publish, reverse engineer, attempt to derive the source code of, modify, disassemble, decompile or create derivative works of the Marketplace (except to the extent that applicable laws prohibits reverse engineering restrictions, and then only as permitted by such laws); (iv) copy any ideas, features, functions or graphics of the Marketplace; (v) remove, obscure, alter, or move our and our licensors’ proprietary notices; (vi) extract and/or re-utilize parts of the contents of the Marketplace; and/or (vii) use any trade mark, service mark, trade name or logo owned by SKF or any of its affiliates/group entity. Use of the Marketplace other than specifically permitted in these Terms and Conditions, is expressly prohibited.

8. DISCLAIMER OF WARRANTIES

8.1 SKF has taken precautions to keep the Marketplace safe, secure, and functioning properly, but it cannot guarantee the continuous or uninterrupted operation or availability of or access to the Marketplace.

8.2 You agree that you are making use of the Marketplace at your own risk and that the Marketplace, all content, services, additional tools, features, guidance and information provided by SKF, is being provided to you on an “as is” and “as available” basis. Accordingly, to the extent permitted by applicable law, SKF excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, non-infringement and/or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Marketplace. You hereby expressly release SKF and/or its affiliates, as well as each of their subcontractors, directors, officers, employees, agents and representatives from any cost, damage, liability or other consequence of any of the actions or inactions of the users of the Marketplace and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

8.3 Unless otherwise specified, the Products on the Marketplace are presented solely for the purpose of sale in India. SKF makes no representation that Products being sold through the Marketplace are appropriate or available for use in countries other than India. Those who choose to access the Marketplace from countries other than India do so on their own initiative and SKF is not responsible for supply of Products and/or refund for the Products ordered from countries other than India and/or compliance with local laws, if and to the extent local laws are applicable.

9. LIMITATION OF LIABILITY

9.1 To the extent permitted by applicable law, SKF is not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, business interruption, loss of production, loss of use or loss or corruption of data; loss of profits, anticipated savings, revenue, sales, business, goodwill or reputation; costs of substitute goods, materials or services; or any special, indirect, consequential, incidental, punitive or exemplary loss or damages) arising (directly or indirectly) from or in connection with (a) the content you provide using the Marketplace; (b) your use of or your inability to use the Marketplace; (c) pricing, shipping, format, or other guidance provided by SKF; (d) delays or disruptions in the Marketplace or from its unavailability; (e) malicious software obtained by accessing or linking to the Marketplace; (f) glitches, bugs, errors, or inaccuracies of any kind in the Marketplace; (g) a suspension, termination or other action taken with respect to your breach of these Terms and Conditions; (h) the duration or manner in which your listings appear in search results; or (i) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms and Conditions or other policies of SKF.

9.2 If SKF is found to be liable, subject to Section 9.1 above, our liability to you or to any third party is limited to the amountvalue of product purchased. This shall be the sole and exclusive remedy available to you subject to proof of actual damages. [LC Comment: This is a pure business decision. Usually, in product supply contracts, the limitation of liability is the purchase price of the product. Certain e-commerce entities also state nominal amount such as USD 100, etc. You may accordingly take a business call to state the amount.]

9.3 The limitations and exclusions of liability also apply to the benefit of our affiliates, as well as our and their subcontractors, directors, officers, employees, agents and representatives.

9.4 The disclaimers, exclusions and limitations shall apply to you only to the fullest extent permitted by applicable law.

10. CANCELLATION, RETURNS AND EXCHANGE

10.1 The provision for cancellation of any order for purchase of Products is provided directly by the seller of the Products. The user will be entitled to cancel the order placed for purchase of Products anytime prior to the Products being packed and dispatched by the seller for delivery. Once the Products are dispatched by the seller for delivery, the buyer shall not be entitled to cancel the order. Furthermore, each seller shall be entitled to prescribe the cancellation charges, on the respective Products page, for cancellation of any orders for purchase of Products.   

10.2 The provision for return and/or exchange of Products is provided directly by respective seller of Products and the seller shall also have complete discretion in providing the options for exchange, replacement and/or refund of any Products. For all Products, the returns/replacement policy provided on the respective Products page shall prevail over any general returns and exchange policy. The buyers are accordingly advised to refer the respective Product page for details of the return/replacement policy for each respective Product.

10.3 To enable the seller process the return/replacement of the Products, it is essential that the Product should be unused and the original packaging/box of the Products should also be undamaged. Furthermore, the Product should also be undamaged and should be without any scratches, dents, tears or holes. The field executives of the seller shall be entitled to undertake inspection of the Product and shall also be entitled to refuse to accept the Return of the Product in case the Product or its packaging/box is in a damaged condition.

11. PRIVACY

11.1 Your registration data and other information collected through the use of this Marketplace is subject to the Privacy Policy. You acknowledge that through your use of this Marketplace, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, as necessary and permitted under the applicable laws. For more information, see our full privacy policy at Privacy Policy [insert hyperlink].

12. TERMINATION OF REGISTRATION

12.1 These Terms and Conditions of Use will remain in full force and effect while you are a user of this Marketplace. Your registration on this Marketplace may be terminated at any time at the sole option and discretion of SKF or if you are found to be in breach of these Terms and Conditions or if, in the reasonable opinion of SKF, you are guilty of conduct which is detrimental to the reputation of SKF. 

13. GENERAL

13.1 Governing Law and Dispute Resolution: The Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any and all disputes arising from the Terms and Conditions will be subject to arbitration to be conducted by an independent sole arbitrator. Either party can approach to the Court having jurisdiction for appointment of Arbitrator. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be at Pune and the arbitration proceedings shall be conducted in English language. Subject to arbitration, the jurisdictional courts of Pune shall be entitled to grant interim relief/injunction.

13.2 Entire Agreement; Severability: These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with SKF with respect to your use of this Marketplace. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

13.3 No Waiver: Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.

13.4 No Assignment: These Terms and Conditions shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without SKF’s prior written consent. SKF reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions to any of its affiliates or any other third party, without notice to you.

13.5 Up-dations/Modifications: You agree to be bound by these Terms and Conditions, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Conditions and shall apply immediately. By continuing to use this Marketplace after such modifications or changes to the Terms and Conditions, you shall be deemed to give your acceptance of such modifications or changes. You may, at the sole discretion of SKF, be required to re-accept a substantially revised Terms and Conditions to continue access to or use of the services provided through the Marketplace. 

13.6 A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form 

13.7 Any rights not expressly granted herein are reserved. 
 

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