Comkey Agreement

Welcome to the Comkey.in. By using the website and its related services, & products you agree to be bound by the agreement below. You also accept the Conditions of Use when you create an account, sign in as a guest, or log in to the site. We may make changes to the Site and the Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes.

E-COMMERCE AGREEMENT

General Terms of use:

• Micro Technology an entity registered under the prevailing laws and regulations of India owns the exclusive, worldwide & non-sub licensable rights over Comkey.in
• All the terms mentioned under this agreement shall be binding on the transaction unless the same is superseded by a separate agreement which has been signed by an authorized officer of Micro Technology.
• The terms Micro Technology and Comkey.in can be used interchangeably.
• The below agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
• This agreement contains the terms and conditions that govern your access to and use of the services through a particular account maintained on Comkey.in. This agreement also contains the sole terms and conditions of sale that apply to the purchase of products from Comkey.in
• We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalogue may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Pricing & Availability

Product listings, specifications, availability, and pricing are subject to change without notice. Prices for Supplies are in Indian Rupees (Rs), exclusive of all central, state or local tax or other governmental charge or assessment relating to the production, sale or shipment of any Supplies, unless expressly provided otherwise, including Sales Tax, Octroi duty, CST, VAT, service tax, education cess and similar, which, if applicable, will be added at the time of despatch and needs to be borne by the customer. The Company has used all reasonable endeavours to ensure that prices for Supplies are accurately set out in the Catalogue or online on the website of Micro Technology (ComKey.in) or otherwise quoted to the Customer but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. Where Supplies are to be made in instalments (‘Scheduled Delivery’) the price payable for them will be that applicable at the time of despatch of the first batch of Supplies but, where Scheduled Delivery may continue for a period of 45 days or more, the Company reserves the right to charge the Customer further amounts if the price of the Supplies increases before the end of that period.

Fees and Services

Membership on the Website is free. Comkey.in does not charge any fee for browsing and buying on the Website. Comkey.in reserves the right to change its Fee and Credit policies from time to time. In particular, Comkey.in may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Comkey.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Comkey.in within such time as specified in the invoice. If you select to receive invoice in a currency other than Indian Rupees.

Payments

Customers can make the payment through Master/ Visa Cards or all the cards which are accepted by our payment gateway CC Avenue. Company reserves the right to charge a surcharge which may be assessed for Customers.
Online payment transfer via NEFT & RTGS or by any valid Telegraphic Transfer shall be accepted.
Micro Technology shall despatch the goods only after realisation of the payment.

Credit Card Fraud - We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and you will bear all other risk of fraud or loss provided, that we will not bear the risk of credit card fraud in connection with any Seller-Fulfilled Product that is not fulfilled strictly in accordance with the Order Information and Shipment Information. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Products if we ask you to do so (provided that if you have transferred Your Products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper).

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the cancelled portion of the order.
Orders for Goods are usually accepted by the Company by the despatch of the Goods from the warehouse of its associated company. However, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.
The Company reserves the right to charge a handling charge of INR 100 on all orders. Orders for certain Goods, in particular Goods which are not in catalogue or are non-stock items, may be subject to a minimum order quantity or value which the Company will use its reasonable endeavours to notify to the Customer prior to accepting its order.

Product Returns

Prior to returning any Goods to the Company for any reason, the Customer must contact the Company to obtain a returns authorisation number (’RAN’). All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.
The Company operates a 10 day return policy. To be accepted for return on this basis, Goods should be returned for receipt by the Company within 10 days of delivery to the Customer. The Customer should return the Goods to "The Returns Department, M/s Micro Technology, # 675,’ Sri Krishna Prowess, 4th Floor, 14th Cross, 8th Main, 2nd Phase, JP Nagar, Bangalore 560078, India”, clearly quoting the Customer’s account number, order number, Invoice number and RAN.
Any Goods returned after 10 days as ’unwanted’ or ’incorrectly ordered’ will only be accepted at the discretion of the Company. All Goods returned (whether within 10 days of delivery or otherwise) will be subject to a restocking fee of 25% of the invoice value of the Goods (subject to a minimum charge of INR 1000). No Goods will be accepted for return without an RAN.

Shipping and Handling / Delivery

Save as set out below, the Company will use all reasonable endeavours to deliver the Goods to the Customer within 3-4 working days of written order/ online order , provided that the Company/ Company's supplier has the Goods ordered in stock. Deliveries are offered at reasonable courier/ packing/ forwarding/ shipping charges but the Company reserves the right to charge for delivery of certain items, for example those that are very large, heavy or hazardous, and the Company reserves the right to charge for delivery as standard on certain accounts. Any such charge will be notified to the Customer at the time of establishment of placing of the order to which such charge applies. Where Goods ordered are not in catalogue or are non-stock items, the Company will make reasonable endeavours to notify the lead times for such Goods, where known. The Company will endeavour to contact the Customer [prior to processing any order for such Goods] to notify of the applicable estimated lead times for delivery and any additional delivery charges which may apply.
The Company reserves the right to deliver or perform by instalments. Failure to meet a delivery or performance date where deliveries or performance are by instalment shall not prevent or restrict the Company from making further deliveries or rendering subsequent performance under the relevant Contract by instalment.
Delivery will be made to the address specified by the Customer. The Company reserves the right to arrange delivery of Goods directly from the manufacturer or supplier of those Goods to the Customer.
The Company may use any method of delivery available to it. All delivery dates and times given are estimates. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in Condition 8 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence. The Company reserves the right to delay despatch for a number of reasons, including to perform any necessary credit checks or procedures or to ensure that payment has been received in cleared funds in full. Where despatch is delayed for such reasons the Company will use reasonable endeavours to inform the Customer.

INSPECTION, DEFECTS AND NON DELIVERY

The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in 7 below, the Company shall not be liable for any defect in the Supplies unless written notice is given to the Company within 10 days of the date of delivery to the Customer. The Company does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before the Goods are used.
The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 10 days of the date of delivery to the Customer in the ordinary course of events. The liability of the Company for non-delivery or non-performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition 7 will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.

HAZARDOUS APPLICATIONS PROHIBITED

Micro Technology( ComKey.in ) products are not recommended or authorized for safety, life support, surgical implant, nuclear, military or commercial aircraft applications, or for any use or application in which the failure of a single component could cause substantial harm to persons or property, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. Customer assumes all risk and liability for use in such applications and agrees to indemnify Micro Technology (ComKey.in) and the manufacturer of the products for all damages that may be incurred due to use of Micro Technology (ComKey.in) products in these prohibited applications.

WARRANTY/GUARANTEE

The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods.
In addition, the Company will, free of charge, at the Company’s option, replace Goods. Products / Components are supplied on the strict understanding that the Company does not warrant their function to be free from defects or error.

This obligation will not apply:
• if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
• if the Customer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods;
• if the Customer has failed to notify the Company of any defect in accordance with Condition 8 where the defect should have been reasonably apparent on physical inspection; or
• Any replacement Supplies made or Goods repaired under this Condition 10 will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to the Company.

The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any repair or replacement under this Condition 8. The Customer shall ensure that the Company’s employees, agents and representatives are provided with a safe and secure working environment while at its premises and the Customer shall be responsible for isolating any computers or processors requiring repair or replacement from its network and for making back-up copies of any information on such computers or processors before the Company’s arrival on site.
The Company’s sole obligation and liability, should any Supplies prove damaged or defective in accordance with this Condition 8, shall be limited to, at the Company’s option, the replacement of the relevant Goods or the re-performance of the relevant Services or the refund of the price paid for the relevant Supplies.
This Condition is the Company’s sole obligation and the Customer’s sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.

EXCLUSION OF LIABILITY

The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:

• Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by the Company or on part of the Company’s employees, agents or sub-contractors;
• Any breach by the Company of any of the express or implied terms of the Contract;
• Any use made or resale or on-supply of any of the Supplies or any product incorporating any of the Goods or developed using the Supplies;
• Any acts or omissions of the Company at the Customer’s premises;
• Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or Otherwise under the Contract.
• And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express (other than those set out in these Conditions or given in accordance with Condition 10) or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
• The Company’s total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company’s option, refunding monies already paid in respect of the Supplies.

DESCRIPTION

All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together "Descriptions") wherever they appear (including without limitation in any product literature relating to the Goods, the Catalogue, on data sheets, application notes, despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of Descriptions but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.

PERFORMANCE AND FITNESS FOR PURPOSE

Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Company’s negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer’s, unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer’s risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. The liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with Condition 10 prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at the Company’s option, the supply of replacement Supplies which are sufficient and suitable.

INTELLECTUAL PROPERTY RIGHTS & Data Sheets

The Supplies may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising In particular, without limiting the above, title in any software program forming all or any part of the Goods is reserved to the Company and/or its suppliers. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable.

FORCE MAJEURE

The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company’s obligations under these Contract if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

GOVERNING LAW

All Contracts shall be governed by and interpreted in accordance with the laws of India and the Customer submits to the jurisdiction of the courts at Bangalore, Karnataka, but the Company may enforce such Contract in any court of competent jurisdiction.

SEVERABILITY

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

RISK AND OWNERSHIP

Save where the Customer arranges delivery of the Goods from the Company, the risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises. Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or online payment or RTGS/ NEFT or cleared funds) all sums due from the Customer to the Company on any account whatsoever. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as the Company’s bailee. If payment is not received in full by the due date, or the Customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
The Catalogue remains at all times the sole and exclusive property of the Company.

PROMOTIONS

In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.

COUNTRY OF ORIGIN

Unless otherwise confirmed by the Company in writing, nothing in these Conditions is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.

BUSINESS OWNERS

The Company is a business to business supplier. The Catalogue and other product brochures produced by the Company are intended for use by business customers and not consumers. By ordering, the Customer confirms that he, she or it wishes to obtain the Supplies for the purposes of his, her or its business and not as a consumer.

AGE REQUIREMENTS FOR CERTAIN GOODS

Where the law requires a minimum age for the purchase of certain Goods, the Customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.

PROHIBITED APPLICATIONS

The Goods are strictly prohibited for use in anti-personnel landmines, or in any connection with biological, chemical or nuclear weapons or missiles to deliver them under any circumstances.
The Goods are not authorised for use in space or aircraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment or for any other purpose where the failure or malfunction of the Goods could reasonably be expected to result in personal injury, death, environmental damage or severe property damage. Use or inclusion of the Goods in any such equipment, system or applications is also strictly prohibited.
The Customer will indemnify the Company and its suppliers against any and all losses, liability and expense (including legal and other costs) resulting from any such inclusion or use even if damage is attributed to defective design or manufacture.

Feedback

We encourage Registered buyers and sellers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Comkey.in will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Comkey.in reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.

DISCLAIMER & LIMITATION OF LIABILITY

The site and all information, content, materials, products, and other services included on or otherwise made available to you through the site are provided by Comkey.in on an "as is" and "as available" basis, unless otherwise specified in writing. we make no representations or warranties of any kind hereunder, express or implied, as to the operation of the site, or the information, content, materials, products, or other services included on or otherwise made available to you through the site. your use of the site is at your sole risk.
Consequently, Comkey.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

• The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our website.
• Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Comkey.in has been advised of the possibility of such damages).

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.