Terms of sale

These terms apply to every quotation we give and every sale of goods by D.M. Distributors, a unit of Datamation, Guwahati, Assam, to a buyer. They apply together with the quotation, order confirmation, proforma invoice and tax invoice for the order.

We supply mainly to dealers, system integrators, institutions and businesses. If you buy for your own use and not for resale or any commercial purpose, you are a consumer under the Consumer Protection Act, 2019, and nothing in these terms limits your rights under that Act.

If you and we have signed a dealer or supply agreement, that agreement prevails where it differs from these terms. Terms printed on a purchase order or another buyer document do not apply unless we accept them in writing.

Our GSTIN is 18ABVPA5963G4Z6.

The website shows no prices. We give prices in a written quotation, usually in reply to an enquiry sent through the website, WhatsApp, phone or email.

• A quotation is valid for the period stated on it. After that period we may revise or withdraw it.
• A quotation is an invitation to order, not a contract. We may correct or withdraw it before we confirm an order, including to correct an obvious error.
• Prices of IT and electronics products move with manufacturers' price lists, exchange rates and taxes, and a quotation is subject to stock being available when we confirm your order.
• A quotation lists model codes, quantities, taxes and delivery terms. Check them before you order.

Prices are in Indian rupees (INR).

• GST. GST is charged at the rate in force on the date of supply and is shown separately on the quotation and the tax invoice, unless the quotation says the price includes GST. If the rate of GST, or any other tax or duty, changes between the quotation and the supply, the rate in force on the date of supply applies.
• Tax invoice. We issue a GST tax invoice for every sale. To claim input tax credit you must give us your correct GSTIN, legal name, billing address and state of delivery before we invoice. Once an invoice has been issued, it can be corrected only by a credit note and a fresh invoice, as the GST rules provide.
• Extras. Freight, transit insurance, packing, installation and commissioning are not included unless the quotation lists them.
• Tax deducted at source. If the law requires you to deduct tax at source, deduct only the amount required, deposit it on time and send us the certificate.

• Place an order in writing: a purchase order, an email or a message that refers to our quotation. Confirm in writing any order given by phone.
• An order is accepted only when we confirm it in writing, by an order confirmation, a proforma invoice or a tax invoice. Until then there is no contract.
• We may decline an order or accept it in part, for example because of stock, manufacturer supply, your credit limit or an error in the quoted price.
• Items we do not hold in stock are ordered from the manufacturer or its distribution channel, so delivery depends on their supply. We may ask for advance payment for these special orders.
• Check the confirmation as soon as you receive it. Tell us at once if model codes, quantities, GST details or the delivery address are wrong. A change after dispatch may not be possible.

Payment terms are agreed for each order and are stated on the quotation, proforma invoice or tax invoice.

• Standard terms. Unless we agree otherwise in writing, payment in full is due before dispatch.
• Credit. Credit is available only to buyers we have approved in writing beforehand, for a credit limit and period that we set. We may reduce, suspend or withdraw credit at any time, in particular when an invoice is overdue.
• How to pay. The accepted payment methods and our bank details are on the quotation or invoice. A cheque counts as payment only when the funds are cleared in our account. Before you pay into a new or changed bank account, confirm the details with our sales desk by phone.
• Late payment. If an invoice is not paid by its due date, we may charge interest on the overdue amount at the rate stated in the credit approval or invoice, hold further supplies, and recover the amount together with the costs of recovery.
• Dishonoured cheques. We may recover the bank charges and take any action the law allows, including under the Negotiable Instruments Act, 1881.
• No set-off. Do not withhold or deduct any amount, or set a claim against payment, unless we agree in writing. If you dispute part of an invoice, pay the rest by the due date and tell us the reason for the dispute in writing.

Goods are delivered by courier or goods transport, or collected from our premises in Guwahati, as agreed for the order. Shipping and delivery explains how each works.

• Dates are estimates. Delivery dates depend on stock, manufacturer supply, payment and carrier schedules. A delay does not entitle you to cancel the order or claim compensation, unless we have agreed a delivery date in writing as essential to the order.
• Instalments. We may deliver an order in instalments and invoice each instalment separately.
• Risk. Risk of loss or damage passes to you when the goods are handed over to you, your representative or the carrier at our premises. If the quotation includes transit insurance arranged by us, we will help you claim for loss or damage in transit. If it does not, the goods travel at your risk and you may wish to insure them.
• Your delivery details. Give a complete delivery address with PIN code and a contact number, and make sure someone is available to receive the goods.

Check every consignment when it arrives, before the carrier leaves if you can.

1. Count the packages against the delivery challan or invoice, and look for torn, crushed or wet cartons and signs of tampering.
2. If a package looks damaged or opened, write the details on the carrier's delivery receipt before you sign, or refuse that package.
3. Photograph the cartons, the shipping label and any damage. If the wrong item has come, photograph its serial number label.
4. Report shortages, wrong items and transit damage to us promptly, and in any case within 48 hours of delivery. Give the invoice number and attach the photos.
5. Keep all packaging until we have told you the outcome.

Ownership of the goods passes to you only when we have received full payment for them in cleared funds. Until then you must not pledge, mortgage or otherwise create a charge over the goods.

A dealer who resells goods in the ordinary course of business before paying for them remains responsible for paying us in full by the due date.

• Manufacturer's warranty. Goods carry the manufacturer's warranty. Its period, scope and conditions differ by brand and product and are set by the manufacturer. We give no separate warranty unless we state it in writing.
• How to claim. We are an authorised distributor, not the manufacturer. For a warranty claim, make a claim through our service team. We pass it to the manufacturer or its authorised service centre and keep you informed. The tax invoice is your proof of purchase. The warranty policy lists the steps.
• What is usually excluded. Physical or liquid damage, damage from power surges, lightning or an unsuitable power supply, tampering or unauthorised repair, removed or altered serial numbers and seals, wear and tear, consumables, and use outside the product's specification. The manufacturer's warranty terms decide each case.
• Remedy. The remedy under warranty is repair or replacement, as the manufacturer or its service centre decides. This does not limit a consumer's rights under the Consumer Protection Act, 2019.
• Your data. We are not responsible for data on drives, recorders or other devices. Back up your data before you send any device for service.

Goods that are not faulty are generally not returnable once supplied, except by written agreement. Wrong items and transit damage must be reported promptly, and dead on arrival units follow the brand's policy. The returns and refunds policy sets out the details and forms part of these terms.

• A confirmed order can be cancelled or changed only with our written agreement, and only before dispatch.
• Special orders, customised configurations and goods already invoiced or dispatched cannot be cancelled. If we agree to a cancellation, you pay the costs we have incurred, including manufacturer cancellation or restocking charges, freight and any advance that cannot be recovered.
• We may cancel an order in whole or in part if stock or manufacturer supply is not available, if a price was quoted in error, or if the agreed payment terms are not met. We refund any advance you have paid for goods we do not supply, by the original payment route.

• Suitability. You are responsible for choosing products that suit your application, including capacity, compatibility, power and environment. Advice from our staff and our planning calculators are guides only. See the disclaimer.
• Laws that apply to you. You are responsible for following the laws that apply to the products you resell, install or use, including product certification and labelling rules, and the laws on surveillance, privacy and data protection for CCTV and access control systems.
• Export and resale. Goods are supplied for sale and use in India. Do not export or re-export them, or supply them to anyone, in breach of Indian law, a manufacturer's territory restrictions, or export control and sanctions laws that apply.
• Labels and brands. Do not remove or alter labels, serial numbers or warranty seals. Do not describe yourself as an authorised distributor of a brand because you buy from us.
• Your customers. If you resell, you are responsible for your own customers' orders, installations and after-sales service.

• Our total liability to you for any claim arising from a sale is limited to the invoice value of the goods the claim relates to.
• We are not liable for indirect or consequential loss, or for loss of profit, revenue, business, data or goodwill, however it arises.
• Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be limited under Indian law. A consumer's rights under the Consumer Protection Act, 2019 are not affected.

We are not responsible for delay or failure to perform caused by events beyond our reasonable control. These include floods, landslides, earthquakes and other natural events; fire; bandhs, strikes and civil disturbance; closure of roads, railways or airports; failure or delay by carriers or manufacturers; epidemic or lockdown; and government orders or changes in law.

We will tell you if an order is affected and agree a revised delivery date. If the delay lasts longer than 30 days, either of us may cancel the undelivered part of the order, and we refund any advance paid for it.

These terms and every sale under them are governed by the laws of India. The courts at Guwahati, Assam have jurisdiction over any dispute. This does not affect a consumer's right to approach a Consumer Commission under the Consumer Protection Act, 2019.

Before you start legal proceedings, please write to us with the details of the dispute so that we can try to resolve it. The grievance redressal page explains how, and the time we take to reply.

• Notices. Send notices to us in writing, using the details below. We send notices to the address or email shown on your order or invoice.
• Which terms apply. The terms on this website on the date of our order confirmation apply to that order.
• Other points. If part of these terms cannot be enforced, the rest still applies. A delay in enforcing a right is not a waiver of it. You may not transfer your rights or duties under an order without our written consent.

Phone

+91 94350 11393 Sales desk, Monday to Saturday, 10:00 am to 7:00 pm

Email

infodmdistributors@gmail.com

By post

D.M. Distributors, a unit of Datamation, House No. 19, Janapath Lane, Opp. Ulubari Petrol Pump, G.S. Road, Guwahati, Assam 781007, India

GSTIN

18ABVPA5963G4Z6