General Terms of Sale
- These general terms, are applicable unless otherwise amended by express, written agreement between the two parties.
- Orders sent to our head office or given to our technical sales staff will be acknowledged by an Acknowledgment of Receipt of Order which alone incurs DIMECO-KIRPEKAR METAL FORMING SOLUTION’s agreement and liability.
- Technical drawings and documents enabling the manufacture of equipment which are sent to
the purchaser prior or subsequent to the conclusion of the agreement remain the exclusive
property of DIMECO-KIRPEKAR METAL FORMING SOLUTION. Without its express
authority, they may not be used by the purchaser, copied, reproduced, broadcast or
communicated to third parties.
- The supplies necessary for trials are the responsibility of the purchaser which undertakes to
either provide them or pay for them in full.
- Prices given in catalogues, prospectuses or advertisements are indicative by nature.
Our prices may be reviewed, if this point is expressly stated in the quotation or in the
Acknowledgment of Receipt of Order, by the applicable review formula and initial indexes as
Only the prices stated on the Acknowledgment of Receipt of Order are valid. They are given
EX OUR FACTORY AT PUNE and, unless expressly stipulated, do not include packaging or
transport. Prices are given in Rupees, net, and are exempted of taxes.
- Unless expressly stipulated, equipment is deemed sold EX OUR FACTORY AT PUNE. In
the event of a contract signed by the customer, the Incoterms applicable are CPT (carriage
paid to place agreed excluding insurance), and not CIP (carriage paid to place agreed
- Delivery times are set by the Acknowledgment of Receipt of Order and run from that latest of
the following dates: that of the Acknowledgment of Receipt of Order, that on which either the
technical information, the payment on account or supplies that the purchaser undertakes to
supply are received.
Every delay in the customer’s obligations defers DIMECO-KIRPEKAR METAL
FORMING SOLUTION’s delivery times accordingly.
Delays shall not under any circumstances justify cancellation of the order.
In the event of a delay solely due to DIMECO-KIRPEKAR METAL FORMING
SOLUTION, penalties may only be applied if they were expressly indicated on the
Acknowledgment of Receipt of Order.
Penalties may not under any circumstances exceed 5% of the value of the equipment for
which the delivery is late. The penalties applied are subject to an exemption of two weeks
and are 0.5% maximum per week.
Penalties shall not be applied in the case of force majeure or if the seller has advised the
reasons for and lengths of any delay sufficiently in advance, or if the delays can be attributed
to unsatisfactory trials due to tools or raw materials supplied by the purchaser, or when the
purchaser is unable to prove that the delay in delivery has caused it loss (which must be
Lateness penalties cannot be applied either if the delay is due to developing a complex
product requested by the customer, in so far as DIMECO-KIRPEKAR METAL FORMING
SOLUTION is able to show that it began the development on time and was delayed by the
complexity of the product.
- Penalties for loss of operability cannot be applied for any reason whatsoever (either delay, or
delay in development, or an accident in handling or transport, etc.).
- Payments are made in accordance with the methods set by the parties and appearing in the
quotation and in the Acknowledgment of Receipt of Order.
In the event of an agreed, scheduled payment being late, DIMECO-KIRPEKAR METAL
FORMING SOLUTION may suspend fulfilment of its own obligations until the arrears are
paid and extend any completion periods by the same amount.
In accordance with the law, any delay in payment through the act of the purchaser incurs
interest which runs from the date on which the payment should have been made. It is
calculated at the current legal rate at the date of the default in payment, plus two points,
without other formalities being necessary. This interest is due, even if DIMECO-KIRPEKAR
METAL FORMING SOLUTION has suspended its obligations because of the arrears in
For spare parts, payments are due in advance from, date of invoice. Beyond that date, the
arrears interest mentioned above is applicable without it being necessary to resort to any
- In accordance with the relevant Indian laws, DIMECO-KIRPEKAR METAL FORMING
SOLUTION expressly reserves the right of ownership of all equipment it sells until the entire
price is paid in full by the acquirer. Although the acquirer is entirely responsible for the
equipment sold from when it is supplied, ownership is only transferred to it on receipt of the
whole of the price specified in the Acknowledgment of Receipt of Order. This remains
expressly valid even in the event of payments being suspended, receivership, bankruptcy or
winding up of the acquirer.
- Clause for contract termination by a customer: the sale contract is finally concluded once
DIMECO-KIRPEKAR METAL FORMING SOLUTION receives the acknowledgement of
order duly signed by the customer. This document confirms the specifications and terms of
the agreement. From the date of the receipt, the customer must fulfil all their commitments as
stated on the order acknowledgement. Failing to do so, will result in DIMECO-KIRPEKAR
METAL FORMING SOLUTION receiving due compensation, for amount stated on the
acknowledgement of order, plus VAT and taxes.
- Termination of the contract, for any reason whatsoever, shall not affect liabilities already due
between the parties.
- In the event of dispute, the Pune Court is, by express agreement, the only one competent,
even in the event of multiple defendants or the introduction of third parties.
General Terms of Warranty
- DIMECO-KIRPEKAR METAL FORMING SOLUTION undertakes to remedy any fault in operation arising from a fault in the design, materials or manufacture that is found during the warranty period.
The warranty is meant for parts manufactured by us, and is for 1 year from the date of commissioning or 1.5 years from the date of dispatch (whichever occurs first) unless agreed otherwise and so specified on the Acknowledgement of Receipt of Order.
DIMECO-KIRPEKAR METAL FORMING SOLUTION’s obligation does not apply in the instance of a fault arising either from materials or components supplied or imposed by the purchaser, or from a design feature imposed by the purchaser.
DIMECO-KIRPEKAR METAL FORMING SOLUTION’s obligation only applies to fault that appear under running conditions as stated in the contract and occurring during correct use.
- In the warranty period, any part changed is covered by a new, equivalent period of warranty.
- Any claim under warranty will be examined to confirm that the equipment was used correctly.
- The terms of the warranty are assumed by DIMECO-KIRPEKAR METAL FORMING SOLUTION or its representative, as appropriate.
- If capabilities form part of the contract, DIMECO-KIRPEKAR METAL FORMING SOLUTION reserves the right to check them during the design period, before accepting them contractually.
General Terms of Commissioning
- In the absence of specific terms, the general terms apply. Any specification differing from those general terms must be agreed during the sales negotiations and appear on our Acknowledgment of Receipt of Order.
- Commissioning consists of completing the following:
When the machines have been unpacked, set up on their bases and where applicable fixed to a machine already in place by the customer, the DIMECO-KIRPEKAR METAL FORMING SOLUTION engineer will make the final alignment, make the electrical, pneumatic and hydraulic connections, power them up, start them in production, adjust and test them. In addition to the written instructions, the DIMECO-KIRPEKAR METAL FORMING SOLUTION engineer will pass on to the customer general instructions regarding running the line and using the different functions.
Unpacking and setting the machines, drilling work, supplying and fitting their fixings, fitting equipment to existing machines or oil and grease for the first fill up are not included in the services provided by DIMECO-KIRPEKAR METAL FORMING SOLUTION, but may be offered, as an option, after the purchaser has submitted the documents necessary for this work to be studied.
However, DIMECO-KIRPEKAR METAL FORMING SOLUTION is not able to undertake, by reason of their nature, foundation work, civil engineering work, connections to supply networks or cable routing (in ducts, or on the ground or aerial) between the different machines or cabinets.
- In the instance of machines that are complex, digitally controlled multistepped or multishaft or with flexible lines, DIMECO-KIRPEKAR METAL FORMING SOLUTION, as an approved organization, is able to provide offthejob training, to persons running the lines, on programming, running the line, maintenance, etc.
This complete training on running the machines sold is covered by a separate agreement that DIMECO-KIRPEKAR METAL FORMING SOLUTION will offer on request.
- The customer must ask for our engineer to travel eight days in advance for planning reasons. On receipt of the request, DIMECO-KIRPEKAR METAL FORMING SOLUTION will send the customer a form entitled “Terms to prepare for our engineer to travel”.
- Our engineer must have problemfree access to the installation, from 7 a.m. to 8 p.m., and help with handling, labor and machining, if needed.
- As stated in point 2, all preparatory work (machines unloaded, unpacked and located at the spot indicated on the layout drawing, feed assembly plates prepared, etc) must be completed before the engineer’s arrival, unless this preparatory work has been offered and sold to the purchaser.
- An electricity and compressed air supply must be available to the engineer, at the point shown in our layout drawing. The functions of the press in liaison with the feed must be controlled at a terminal provided by and under the responsibility of the customer.
- Unless the following has been offered and sold to the purchaser, the customer will provide the quantity of oil necessary for the initial fill up of the hydraulic unit and reduction gear boxes.
- Traveling and working times are provided under the contract; if there is an overrun due to shortcomings relatives to the points above, found by our engineer on arrival, additional amounts will be invoiced.
- Holdups in work due to a lack of tools, raw materials or other facts attributable to the customer will be invoiced as extra.
- Any work on the customer’s equipment or on equipment from a supplier other than DIMECO-KIRPEKAR METAL FORMING SOLUTION (presses, etc) may only be undertaken by the customer’s employees and not by the DIMECO-KIRPEKAR METAL FORMING SOLUTION engineer.
Responsibilites in the Event of Integration
- The above described equipment is sold as it stands. It will be integrated into equipment for which you will be the general contractor. As per your request, there won’t be any DIMECO-KIRPEKAR METAL FORMING SOLUTION intervention during the different stages of design, achievement and commissioning of the equipment.
- As integrator, you are responsible of the whole equipment performance. You take care of the whole relationship with the final customer and with the different other suppliers of components relating to the DIMECO-KIRPEKAR METAL FORMING SOLUTION products.
- DIMECO-KIRPEKAR METAL FORMING SOLUTION’s responsibility is strictly limited to the compliance of the supplied equipment as here above described. Should a dispute with your final customer arise, DIMECO-KIRPEKAR METAL FORMING SOLUTION will not be held responsible for the noticed malfunctions or for the noncompliance of the line performance to the customer’s specifications.
- If you require the intervention of our Research & Development Dept. or of our technicians during the integration stage or during the equipment commissioning, then this service will be quoted and, if need be, the acknowledgement of order will be amended and this service will be invoiced to the integrator.
- Such extra services will only be achieved once we receive your order in due form.