1. Unless otherwise agreed in writing by Charistech
Solution Ltd (the “Company”), the
present Standard Terms and
Conditions shall apply to all goods and/or services provided by the Company to any
of its clients (the “Client”).
2. The Company
shall use its best endeavours to provide services to the Client diligently and in good faith.
3. Unless otherwise agreed with the Client, quotations
issued by the Company shall remain valid for a period of 7 days from the date
of the quotation.
4. The Company shall use its best endeavours to deliver
goods ordered by the Client Ex Stock or within 4 to 6 weeks of the date of the
order. The Company shall not be liable for any delays caused by any events
which are beyond its control or which amount to a force majeure (including
cyclones and epidemics).
5. Orders placed and confirmed in writing by the Client
cannot be cancelled. Without prejudice to the right of the Company to claim
damages from the Client, the Client shall automatically forfeit any advance
payment made in respect of orders which are cancelled.
6. All payments due to the Company shall be settled upon
receipt of invoice issued by the Company or as otherwise agreed.
7. The warranty in respect of goods and services provided
by the Company shall be as agreed in writing between the Company and the
Client. In the absence of any such written agreement, the goods and services
shall be deemed to have been accepted by the Client without warranty.
8. The
Company
and the Client shall treat
all facts and information which
are neither obvious nor generally accessible in the public domain confidentially. In case of doubt, facts
and information shall be treated confidentially. The parties undertake to take
all economically reasonable and technically and organizationally possible
measures to ensure that confidential facts and information are effectively
protected from access and knowledge by unauthorized parties. The
confidentiality obligation described herein shall not apply to information (a)
which is disclosed with the consent of the other party; (b) which is or falls
in the public domain; (c) the disclosure of which is required by law.
9. The Company and the Client undertake to process all
personal data in accordance with the Data Protection Act 2017. The manner in
which the Company processed personal data is set out in its Privacy Notice.
10. The Company shall in no event be liable to the Client
for any matter which amounts to a force majeure (including cyclones and
epidemics).
11. The total liability of the Company towards the Client
shall, under no circumstances, exceed the amount of fees or commissions which
have been paid by the Client to the Company during the period of 12 months
immediately preceding the event which gave rise to such liability.
12. The construction, performance and validity of these
Standard Terms and Conditions and any matter related thereto shall in all respects
be governed by the laws of Mauritius and the Courts of Mauritius shall have
exclusive jurisdiction.