General Terms & Conditions
Effective Date: [1-10-2015]
Company: Aark Automation (hereinafter referred to as “Aark Automation”, “Company”, “we”, “our”, or “us”).
These Terms & Conditions govern the use of the Aark Automation website and all commercial transactions including sales of products, automation solutions, software, services, and related activities.
By accessing our website or placing an order with Aark Automation, the customer (“Client”, “Buyer”, “User”) agrees to be bound by these Terms & Conditions.
These terms are governed under applicable laws including the Indian Contract Act, 1872, Information Technology Act, 2000, Sale of Goods Act, 1930, and relevant provisions of Consumer Protection Act, 2019 and Indian tax regulations.
1. Definitions
For the purposes of this agreement:
Company – Aark Automation and its employees, agents, and authorized representatives.
Customer / Client / Buyer – Any individual, company, or organization purchasing products or services.
Products – Industrial automation products including PLC systems, SCADA systems, control panels, networking equipment, sensors, software, and other automation solutions.
Services – Engineering services, commissioning, system integration, programming, consulting, maintenance, and technical support.
Software – SCADA software, firmware, PLC programs, or proprietary automation code supplied by Aark Automation.
2. Acceptance of Terms
By placing an order, issuing a purchase order (PO), signing a quotation, or making payment, the customer confirms acceptance of these Terms & Conditions.
Electronic communications including email approvals or website transactions constitute legally valid contracts under the Information Technology Act, 2000.
3. Product & Service Scope
Aark Automation provides:
Industrial automation solutions
Control panel manufacturing
PLC & SCADA programming
Data center automation systems
Industrial networking
Sensors & instrumentation
Industrial IoT solutions
Engineering consulting services
Product specifications and services will be defined in the quotation or proposal document issued by the company.
4. Quotation & Pricing
All quotations are valid for 30 days unless otherwise specified.
Prices are subject to revision based on:
Currency fluctuations
Raw material price changes
Supplier price revisions
Government policy changes
Aark Automation reserves the right to revise product pricing annually on 31 December each year.
Prices exclude the following unless specifically stated:
GST or other taxes
Packaging charges
Freight charges
Insurance charges
Import duties
Installation costs
Site engineering costs
5. Order Confirmation & Processing
An order is considered confirmed only after:
Receipt of official Purchase Order (PO)
Commercial terms acceptance
Advance payment (if applicable)
Technical approval of drawings/specifications
The website product listings or catalog information constitute an invitation to offer, not a legally binding offer.
6. Lead Time & Delivery
Lead times depend on:
Material availability
Manufacturing schedule
Import logistics
Project complexity
Typical lead times:
| Product Type | Lead Time |
|---|---|
| Standard automation products | 2–4 weeks |
| Control panels | 4–8 weeks |
| Customized systems | 6–12 weeks |
Delivery delays caused by:
Global supply chain issues
Customs clearance
Natural disasters
Government restrictions
shall not make Aark Automation liable for penalties.
7. Transportation & Shipping
Unless specified:
Delivery terms follow EX-Works (HYDERABAD, INDIA).
Freight, insurance, and logistics are the responsibility of the customer.
Risk transfer occurs at the time of dispatch from the company premises.
Transportation damage claims must be raised directly with the logistics provider.
8. Taxes & Government Charges
All applicable taxes shall be charged as per Indian law including:
GST
Customs duties
Import duties
Local taxes
Customers are responsible for compliance with tax obligations in their jurisdiction.
9. Import & Export Compliance
Customers must comply with:
Indian export regulations
Import laws of destination countries
Trade compliance regulations
End-use restrictions
The company shall not be responsible for delays caused by:
Customs clearance
Import restrictions
Government export licensing requirements
10. Payment Terms
Standard payment terms:
50% advance
40% before dispatch
10% after installation (if applicable)
Alternative payment terms may apply depending on the project.
Delayed payments may attract:
Interest charges up to 18% per annum
Suspension of services or delivery.
11. Cancellation Policy
Orders once confirmed cannot be cancelled if:
Manufacturing has started
Materials have been procured
Control panels are fabricated
Software development has begun
In case of cancellation, the client shall compensate for:
Engineering cost
Material procurement cost
Manufacturing cost
Administrative expenses.
12. Material Return Policy (RMA)
Returns are accepted only under the following conditions:
Product is defective
Wrong product supplied
Manufacturing defect confirmed
Return requests must be submitted within 7 days of delivery.
Non-returnable items:
Customized panels
Software licenses
Engineered solutions
Used products
Opened electronics
13. Demo Equipment & Sample Items
Demo equipment supplied for evaluation must:
Be returned within the agreed evaluation period
Be handled carefully
Not be modified or opened
If damaged or not returned, the customer shall pay the full equipment cost.
14. Software Intellectual Property
All software, PLC programs, SCADA configurations, and documentation remain the intellectual property of Aark Automation unless otherwise agreed.
Restrictions:
Customers may NOT:
Reverse engineer software
Copy PLC programs
Modify proprietary software
Distribute software without permission
Violation may lead to legal action under Indian intellectual property laws.
15. Deployment of Service Engineers
When engineers are deployed:
The customer must provide:
Safe working environment
Access to site facilities
Required electrical and mechanical infrastructure
Safety equipment if required
Must Provide Password, if device is protected
Must provide the device backups, if devices are not supported or not in working condition
If the site is not ready, the deployed engineer time will still be charged as billable service time.
The following expenses are borne by the customer:
Travel
Accommodation
Local transport
Site allowances
16. Safety & Site Responsibility
The customer is responsible for:
Industrial safety compliance
Site safety protocols
Electrical safety
Machine safety
Aark Automation engineers will follow standard safety practices but shall not be responsible for unsafe working conditions at customer sites.
Important:
The deployed engineer reserves the right to stop work immediately if unsafe conditions are identified.
17. Warranty
Standard warranty:
12 months from dispatch or 9 months from installation (whichever occurs first).
Warranty covers:
Manufacturing defects
Hardware failures under normal use
Warranty does NOT cover:
Improper installation
Electrical surge damage
Physical damage
Unauthorized modification
Software corruption caused by third parties
18. Limitation of Liability
Aark Automation shall not be liable for:
Production losses
Business interruption
Indirect damages
Consequential damages
Total liability shall not exceed the value of the supplied product or service.
19. Confidentiality
Both parties shall maintain confidentiality regarding:
Technical information
Business strategies
Software code
Project documentation
20. Data Protection
Personal or customer data collected through the website is processed according to the Digital Personal Data Protection Act, 2023.
21. Force Majeure
The company shall not be liable for delays due to:
Natural disasters
War
Government restrictions
Pandemic
Supply chain disruption
Labor strikes
22. Governing Law & Jurisdiction
These Terms & Conditions are governed by the laws of India including:
Indian Contract Act, 1872
Sale of Goods Act, 1930
Information Technology Act, 2000
Any disputes shall be subject to the jurisdiction of courts located in [Insert City, India].
23. Amendments to Terms
Aark Automation reserves the right to update these Terms & Conditions without prior notice. Continued use of the website or services indicates acceptance of updated terms.
24. Contact Information
Aark Automation
Email: info@aarkautomation.com