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FORMAT OF THE CONTRACT
These terms of sale apply to all goods supplied by Ultimate Battle, whose registered office is at C-102, C Block, Sector 65, Noida - 201301 (the “Supplier”, “Our”).
No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance email. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
The contract is subject to your right of cancellation (see below).
The Supplier may change these terms of sale without notice to you in relation to future sales.
DESCRIPTION AND PRICE OF THE GOODS
The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Ultimate Battle will inform you as soon as possible and offer you an alternative unit, or credit you for any sum that has been paid by you or debited from your end for the goods.
Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 7-day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your account for the goods.
In addition to the price, you may be required to pay a delivery charge for the goods.
Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
There will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
The goods you order will be delivered to the address you give when you place your order. (Only in INDIA)
Orders placed before 3.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your account for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
AFTER PICK UP: Please do note once the courier picked up your parcel from us it’s out of our hands and we are not liable for late deliveries. Please phone the courier company if you are worried about the delivery time or day.
Ultimate Battle assumes no liability for orders shipped to incomplete or incorrect shipping addresses supplied by the customer. Any additional fees for such orders will be the responsibility of the customer.
Parcels will only be dispatched once payment reflects and has cleared in the bank account if paying by bank deposit.
Ultimate Battle cannot be held liable for missing or damaged parcels in transit, or any delays caused by the couriers or any 3rd party.
The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
The goods, and
All other sums which are or which become due to the Supplier from you on any account.
The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
TITLE FOR BUSINESS CUSTOMERS
If you are a business customer until ownership of the goods has passed to you, you must:
store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
Hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
If you are a business customer your right to possession of the goods shall terminate immediately if:
you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts.
TERMS OF SALE
Goods once sold will not be taken back or exchanged. Once invoice made cannot be modified or cancelled for any reasons thereof.
Refunds are issued only in case of complete loss of shipment
It is also the duty of the buyer to immediately check the physical condition of the purchased goods on receipt. Any transit damage should be reported within 1-2 days of receiving the shipment.
Any products purchased from us for any special usage in abnormal environment i.e. Other than normal usage should be informed to us at the time of purchase otherwise the warranty is void and null.
No Customer can waive responsibility on grounds of ignorance of terms & conditions.
Physical damage / mishandling of products / Tampering of warranty stickers – do not cover warranty. All product sold by us require technically qualified PC Hardware engineer for installation
You do not have the right to cancel the contract due to the custom nature of the goods. Custom PC systems that are built to customer specifications and the following cancellation charges apply (if any):
All goods supplied by the Supplier are warranted free from defects for Return to Base 1 Year from the date of invoice. This warranty does not affect your statutory rights as a consumer.
Where goods are provided with a warranty period greater than 12 months, the first 12 months of the warranty covers all parts and labour costs, where as any subsequent period of the warranty cover only relates to labour costs only. e.g. If a product is sold with a 3-year warranty, the first 12 months covers parts and labour, and the next 24 months covers labour costs only.
Return to base warranty means if any of the components becomes faulty during the warranty period then the customer will have to send the faulty part to SMC International service centre & SMC International will send back the replaced/repaired part to the customer.
Dead on Arrival, if the product doesn’t start/work or is found physically damaged on delivery then customer will have to inform SMC International within the DOA policy duration about the same and SMC International shall take care of the system & resolve the issue on customer’s site.
Note: Consumer Hard Drives come with only 2 years warranty.
As stated above we provide Return to base warranty which means, Customers are liable for the shipping charges for returning faulty goods. Shipping charges will not be refunded.
We will not accept any item that has physical damage. Physical damage is any damage that is not caused by any normal wear and tear. If we receive an item that is physically damaged, it will be returned to the buyer at their expense. The most common forms of physical damage we receive are from CPU and motherboards returns caused by incorrect installation. Please understand that these are policies established by the manufacturer and some of the definitions below were taken directly from them:
If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the Contact Us section of the website within 24 hours of delivery.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier(Ultimate Battle) in writing via the Contact Us section of the website, as soon as possible, but in any event within 3 days of the date, you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us.
All Promotional items (free goods e.g. mouse/mouse pad/external drive/components etc.) do not carry any Warranty. Ultimate Battle will not be held liable for any faults on these items, as they are provided as-is from the respective manufacturer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier's approval.
We do not sell Items for Mining.
LIMITATION OF LIABILITY
If you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
Such loss or damage is not a reasonably foreseeable result of any such breach;
Any increase in loss or damage resulting from breach by you of any term of this contract.
Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
Promotional items are valid during specific promotional times, Promotional items will not be provided prior to their respected start dates. ALL promotions are valid while stocks last, should stock deplete during the promotional time, Ultimate Battle regretfully will not be able to further fulfil promo give-aways. Ultimate Battle cannot be held liable once stock has run out of promotional give-aways.
Ultimate Battle reserves the right to amend or cancel the terms of any Promotion at any time without prior notice.
Ultimate Battle IS NOT BOUND BY, AND WILL BE UNDER NO LIABILITY FOR, ANY STATEMENT BY ANY CONFLICT WITH ANY PROMOTIONS TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING AMD UNIQUE ID, KEY CODE AVAILABILITY AND/OR THAT MORE AND UNIQUE IDS, KEY CODES WILL BE AVAILABLE OR DISTRIBUTED TO Customers.
Ultimate Battle is not responsible for lost, late, incomplete, invalid, altered, unintelligible or misdirected registration forms or submissions, which will be void. Ultimate Battle is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that a Participant is prevented from participating in the Promotion.
Ultimate Battle is not responsible for invalid, incorrect, or unreachable email addresses provided by a User.