1. Definitions
- “Company”, “we”, “us”, “our” refers to Kellys Chemical Supplies (operating under kellyschemical.in).
- “Customer”, “you”, “your” means any person or entity who purchases or orders goods from the Company.
- “Goods” means the chemicals, products, and/or services supplied by us.
- “Order” means the purchase order or the order placed by you, whether via website, email, or otherwise.
2. Agreement
By placing an Order, you agree to be bound by these Terms & Conditions. These Terms & Conditions govern all sales of Goods by the Company unless otherwise agreed in writing.
3. Orders & Acceptance
- All Orders are subject to acceptance by the Company.
- The Company reserves the right to reject any Order for any reason, including but not limited to Goods being out of stock, or errors in pricing or product description.
- An Order becomes binding on the Company only upon written acceptance or dispatch of Goods.
4. Prices & Payment
- Prices are those stated on the website or in the quotation, and are exclusive of shipping, freight, insurance, and handling charges unless explicitly included.
- Payment is due as per the terms specified in the invoice. Unless otherwise agreed, payment must be made in full prior to delivery or on delivery.
5. Delivery & Risk
- Delivery times provided are estimates; delays may occur. The Company is not liable for delays outside its control.
- Risk in the Goods passes to you upon delivery.
- You are responsible for providing correct shipping address details and any import/export documentation if applicable.
- Dispatch & Responsibility: We ship all orders through trusted third-party courier services. Once your order is handed over to the courier, responsibility for safe and timely delivery lies with the courier service.
- Cash on Delivery (COD): COD is offered purely as a convenience through third-party courier partners.
- We are responsible for booking and dispatching your order correctly with the courier.
- If the courier fails to deliver due to reasons beyond our control, including but not limited to:
- Customer unavailable at the delivery address,
- Wrong or incomplete address provided by the customer,
- Customer refusing to accept the parcel,
- Local restrictions, strikes, or unforeseen courier network issues, then Kellys Chemical Supplies shall not be held liable for non-delivery.
- Non-Refundable Advance for COD Orders:
- All COD orders require a 4% advance payment at the time of booking.
- This advance covers booking, handling, and courier charges.
- If delivery fails due to customer-related reasons (such as incorrect address, refusal to accept delivery, or customer not being available), the 4% advance is strictly non-refundable.
- Only if the non-delivery is directly due to our error in dispatch, we will refund the advance in full.
- Customer Responsibility: It is the customer’s responsibility to provide a correct and complete shipping address, ensure availability at the delivery location, and accept the parcel when the courier attempts delivery.
- Courier Liability: In cases of failed delivery due to courier-related issues beyond both our and the customer’s control, the courier company’s policies and liability terms will apply. Customers may need to liaise directly with the courier for resolution.
- Risk Transfer: Risk of loss, damage, or delay in delivery transfers to the customer once the parcel is handed over to the courier service.
- No Guarantee of Delivery Time: Delivery timelines are estimates only. We do not guarantee exact delivery dates as these depend on third-party courier operations.
6. Inspection & Returns
- Immediate Inspection: At the time of delivery, the customer must inspect the Goods in the presence of the courier/delivery partner.
- Acceptance: Once the Goods are received and accepted by the customer (or their representative), the sale is considered final and binding.
- Returns: After delivery and acceptance, the Company does not accept any returns, replacements, or exchanges under mentioned circumstances.
- Claims on Delivery: If the Goods appear damaged, defective, or incorrect at the moment of delivery, the customer must refuse to accept the parcel and notify the Company in writing on the same day.
- Final Decision: The Company’s verification and decision regarding such claims will be final and binding.
7. Warranties
- Product Warranty: The Company warrants that the Goods will conform to its published product specifications and will be free from defects in workmanship and material under normal and intended use.
- Exclusion of Implied Warranties: Except as expressly stated, all other warranties, express or implied (including any implied warranty of merchantability or fitness for a particular purpose), are excluded to the fullest extent permitted under applicable law.
- No Warranty for Misuse / Unintended Application: Goods supplied by the Company are intended for specific laboratory, industrial, or specialty chemical applications as communicated in their product documentation.
- If a customer uses the Goods for any unknown, unintended, or unauthorized application, the Company shall not be responsible for any consequences arising from such use.
- Claims for return, refund, or replacement in such cases are strictly not acceptable.
- The customer is solely responsible for verifying the suitability of the Goods for their intended application before purchase and use.
8. Limitation of Liability
- The Company’s liability arising out of or in connection with the Goods (whether in contract, tort or otherwise) shall not exceed the amount you paid for the specific Goods giving rise to the claim.
- The Company shall not be liable for loss of profits, loss of business, loss of data, or any indirect, incidental, or consequential damages.
9. Intellectual Property
- All intellectual property rights in the Goods (including trademarks, patents, and copyrights) remain with the Company or its suppliers.
- You shall not remove or alter any such rights notices on any Goods.
10. Confidentiality
- You agree to keep confidential any non-public information received from the Company (including proprietary specifications) and to use it only for the purpose of purchasing and using the Goods.
11. Force Majeure
- The Company is not liable for failure to perform any obligation due to causes beyond its reasonable control, including natural disasters, war, governmental acts, trade restrictions, strikes, pandemics, or supply chain disruptions.
12. Termination
- The Company may terminate or suspend provision of Goods or services without liability if you fail to comply with these Terms or if any payment is overdue.
- On termination, you remain liable for all sums payable for Goods already delivered, and any non-cancelable commitments made on your behalf.
13. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14. Changes to Terms
- The Company may update these Terms & Conditions from time to time.
- Updated Terms will be posted on the website, and the date of the latest update will be displayed as the Effective Date.
- Your continued purchase of Goods after changes constitutes your acceptance of the new Terms.