Terms & Conditions

1. Definitions and interpretation

In these Terms & Conditions (“Terms”), unless the context otherwise requires: “Company”, “we”, “us” or “our” means AQUASTAG Technologies LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008, having its registered office at Unit No. 203, Suite 579, SBR CV Towers, Sector 1, Sy No. 64, HUDA Techno Enclave, Madhapur, Hyderabad, Telangana 500081, India; “Website” means www.aquastag.com and all associated pages; “Client”, “you” or “your” means any person accessing the Website or procuring Goods or Services from the Company; “Goods” means water treatment equipment, plant, components, consumables and spares supplied by the Company; and “Services” means design, installation, commissioning, maintenance, repair, retrofitting, audit and allied services provided by the Company.

2. Acceptance

By accessing the Website, submitting an enquiry, or placing an order, you accept these Terms in full. If you do not accept these Terms, you must not use the Website or procure Goods or Services from the Company.

These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, including any terms printed on a purchase order, or which are implied by trade, custom, practice or course of dealing, unless expressly accepted by the Company in writing and signed by an authorised signatory.

3. Website content, quotations and no offer

All content on the Website — including capacity ranges, technical specifications, performance figures, application guidance and indicative descriptions — is published for general information only. It constitutes an invitation to treat and does not constitute an offer capable of acceptance, a warranty, or a representation that any particular result will be achieved at your site.

Water treatment performance is dependent on feed water chemistry, operating conditions, installation quality and maintenance discipline, all of which vary by site. Specifications published on the Website are indicative ranges for standard configurations only. Binding technical parameters, capacities, tolerances, prices and delivery periods arise solely from a written quotation issued by the Company and accepted by you in writing.

Unless otherwise stated in the quotation, quotations remain valid for thirty (30) days from the date of issue and are subject to withdrawal or revision by the Company at any time before acceptance.

4. Orders, prices and taxes

• An order is binding on the Company only upon issue by the Company of a written order acceptance or proforma invoice.
• Prices are exclusive of Goods and Services Tax and all other applicable duties, levies, cesses and statutory charges, which shall be payable by the Client at the prevailing rate.
• Unless expressly stated in the quotation, prices exclude civil work, foundations, electrical supply up to the equipment terminal, plumbing beyond the equipment inlet and outlet, drainage, cranage, scaffolding, storage and any statutory approvals or permits.
• The Company reserves the right to revise quoted prices where there is a change in scope, a change in statutory levies, a material change in input costs, or a delay attributable to the Client exceeding thirty (30) days.

5. Payment terms

Payment shall be made in accordance with the schedule set out in the accepted quotation or proforma invoice. Time for payment is of the essence.

• Where advance payment is stipulated, no design, procurement or manufacture will commence until such advance is received in cleared funds.
• Overdue amounts shall attract interest at the rate of eighteen percent (18%) per annum, calculated on a daily basis from the due date until actual realisation, without prejudice to any other right or remedy available to the Company.
• The Client shall not be entitled to withhold, set off or deduct any amount from sums due to the Company on account of any alleged claim, counterclaim or dispute.
• Title in the Goods shall not pass to the Client until the Company has received payment in full in cleared funds. Risk in the Goods shall pass to the Client on delivery to site.

6. Client obligations and site conditions

Accurate performance depends materially on inputs supplied by the Client. The Client shall:

• Provide complete and accurate feed water analysis, site drawings, demand profiles and operating requirements. The Company is entitled to rely on such information without independent verification;
• Provide safe, unobstructed and timely access to the site, together with adequate space, foundations, drainage, lighting, ventilation and stable electrical supply of the specified rating;
• Obtain and maintain all statutory permissions, consents, environmental clearances and approvals required for the installation and operation of the Goods; and
• Operate and maintain the Goods in accordance with the operation and maintenance manual supplied, using consumables of the specified grade, and maintain accurate operating logs.

Where feed water characteristics at site differ materially from those disclosed by the Client, the Company shall be entitled to revise the design, specification and price, and shall bear no liability for underperformance attributable to such variance.

7. Delivery, installation and delay

Delivery and completion periods are estimates given in good faith and are not of the essence unless expressly agreed in writing. The Company shall not be liable for any loss arising from delay in delivery, installation or commissioning, howsoever caused.

Where installation is delayed by reason attributable to the Client — including site unreadiness, unavailability of utilities, or failure to grant access — the Company may invoice for the stage completed, levy reasonable demobilisation and remobilisation charges, and charge storage at prevailing rates.

8. Warranty

The Company warrants that Goods manufactured by it will be free from defects in material and workmanship for a period of twelve (12) months from the date of commissioning or fifteen (15) months from the date of despatch, whichever expires earlier, unless a different period is expressly stated in the quotation.

Bought-out items — including but not limited to pumps, motors, membranes, resins, filter media, instrumentation, control panels and dosing systems — carry only such warranty as is extended by the original equipment manufacturer, and the Company’s liability in respect of such items is limited to passing through that manufacturer’s warranty.

Consumables are excluded from warranty. Filter media, resin, membranes, cartridges, chemicals, gaskets, seals and similar wear items are consumable in nature and their life depends on feed water quality, throughput and maintenance.

The warranty shall stand void where the defect arises from:

• Operation outside the design parameters or beyond the rated capacity;
• Feed water quality materially different from that disclosed by the Client at design stage;
• Failure to carry out maintenance in accordance with the recommended schedule, or use of non-specified consumables or spares;
• Repair, modification, relocation or interference by any person not authorised by the Company;
• Improper storage, accident, misuse, negligence, vandalism, power surge, voltage fluctuation, or supply of unsuitable utilities; or
• Any Force Majeure Event.

The Company’s sole obligation under this warranty is, at its option, to repair or replace the defective part ex-works, or to refund the price attributable to that part. All warranty claims must be notified in writing within seven (7) days of discovery of the defect.

9. Limitation of liability

Nothing in these Terms excludes or limits the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited under Indian law.

Subject to the preceding paragraph:

• The Company shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, for any loss of profit, loss of production, loss of revenue, loss of contract, loss of business opportunity, loss of goodwill, loss or corruption of data, plant downtime, product recall, or any indirect, special, incidental, punitive or consequential loss, even if such loss was foreseeable or the Company was advised of its possibility;
• The Company’s aggregate liability arising out of or in connection with any contract, whether in contract, tort or otherwise, shall in no circumstances exceed the total amount actually paid by the Client to the Company under that specific contract; and
• The Company shall have no liability whatsoever in respect of water quality outcomes where the Client has operated the Goods outside design parameters, failed to maintain them as recommended, or supplied inaccurate or incomplete feed water data.

The Client acknowledges that the prices quoted by the Company reflect the allocation of risk set out in this Clause 9, and that the Company would not enter into any contract on these prices absent such allocation.

10. Indemnity

The Client shall indemnify, defend and hold harmless the Company, its partners, employees, agents and subcontractors from and against all claims, demands, actions, proceedings, losses, damages, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) any breach by the Client of these Terms; (b) any inaccuracy in information supplied by the Client; (c) any operation of the Goods outside design parameters or contrary to the operation manual; (d) any failure by the Client to obtain requisite statutory approvals; and (e) any claim by a third party arising from the Client’s use, resale or onward supply of the Goods.

11. Force majeure

The Company shall not be in breach of these Terms nor liable for any delay or failure in performance arising from any event beyond its reasonable control (a “Force Majeure Event”), including acts of God, flood, drought, earthquake, fire, epidemic, pandemic, war, armed conflict, terrorism, riot, civil commotion, strike, lockout or other industrial action, government action or restriction, change in law, failure of public infrastructure or utilities, interruption of transport or telecommunication networks, non-performance by suppliers or subcontractors, or shortage of raw materials.

If a Force Majeure Event continues for a period exceeding ninety (90) consecutive days, either party may terminate the affected contract by written notice, without liability except for payment of amounts due in respect of work performed and goods supplied up to the date of termination.

12. Intellectual property

All intellectual property rights in the Goods, in drawings, designs, process schemes, specifications, technical documentation and know-how supplied by the Company, and in all content on the Website, vest exclusively in the Company. Nothing in these Terms transfers any such right to the Client.

AQUASTAG is a registered trademark of the Company. Use of the mark, the Company logo, or any confusingly similar sign, without prior written authorisation is prohibited and will be enforced. Further provisions are set out in our Copyright Policy.

13. Confidentiality

Each party shall keep confidential all technical and commercial information disclosed by the other in connection with a contract, and shall not disclose it to any third party without prior written consent, save where disclosure is required by law or to professional advisers under a duty of confidence. This obligation survives termination for a period of three (3) years.

14. Termination

The Company may terminate or suspend performance of any contract with immediate effect by written notice where the Client: (a) fails to make any payment when due; (b) commits a material breach which is not remedied within fifteen (15) days of written notice; (c) becomes insolvent, enters liquidation, has a receiver appointed, or is subject to proceedings under the Insolvency and Bankruptcy Code, 2016; or (d) suspends or threatens to suspend a substantial part of its business.

On termination, all sums due to the Company become immediately payable, and the Company shall be entitled to recover costs reasonably incurred in respect of work performed, materials procured and commitments entered into prior to termination.

15. Website use restrictions

You shall not, and shall not permit any person to:

• Use the Website for any unlawful, fraudulent or malicious purpose, or in breach of the Information Technology Act, 2000 or rules made thereunder;
• Copy, reproduce, scrape, harvest, mine or systematically extract content from the Website for any commercial purpose, or use it to train any machine learning or artificial intelligence system, without prior written consent;
• Introduce any virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, or attempt to gain unauthorised access to the Website, its server or any connected database;
• Submit false, misleading or impersonating information through the enquiry form, or use automated means to submit enquiries; or
• Attack the Website by way of denial-of-service or distributed denial-of-service attack.

16. Third-party links

The Website may contain links to third-party websites and embedded third-party services. Such links are provided for convenience only. The Company has no control over, and accepts no responsibility or liability for, the content, accuracy, availability, privacy practices or security of any third-party resource.

17. Dispute resolution and arbitration

The parties shall first attempt to resolve any dispute amicably through good-faith negotiation between senior representatives within thirty (30) days of written notice of the dispute.

Failing amicable resolution, any dispute, controversy or claim arising out of or relating to these Terms or any contract, including its breach, termination or validity, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The arbitral tribunal shall consist of a sole arbitrator appointed by mutual consent, failing which appointment shall be made in accordance with the said Act. The seat and venue of arbitration shall be Hyderabad, Telangana, India, and the language of the proceedings shall be English. The arbitral award shall be final and binding on the parties.

18. Governing law and jurisdiction

These Terms, and any contract formed under them, shall be governed by and construed in accordance with the laws of India. Subject to Clause 17, the courts and tribunals at Hyderabad, Telangana, India shall have exclusive jurisdiction to the exclusion of all other courts.

19. General

• Entire agreement: These Terms, together with the accepted written quotation, constitute the entire agreement between the parties and supersede all prior discussions, representations and understandings.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• No waiver: No failure or delay by the Company in exercising any right shall operate as a waiver of that or any other right.
• Assignment: The Client may not assign or transfer any rights or obligations without the prior written consent of the Company. The Company may assign or subcontract freely.
• No partnership: Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between the parties.
• Amendment: The Company may amend these Terms at any time by publication on this page. Continued use of the Website constitutes acceptance of the amended Terms.