Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SUPPLY

These General Terms and Conditions of Supply (the “GTC”) shall, unless otherwise agreed in writing, apply to all products and services provided by Altigreen Propulsion Labs Private Limited (hereinafter called “Altigreen”) to a customer (the “Purchaser”). GTC shall prevail over any other document entered or deemed to be entered between Purchaser and Altigreen in the event of any conflict. No waiver, alteration or modification of this GTC shall be binding upon Altigreen unless made in writing and signed by Altigreen.
Payment for sales should be made in favor of Altigreen through bank transfer.
Compound Interest @ 2% per month will be charged on overdue invoices and payments.
Delivery schedules are approximate and are based on prevailing market conditions applicable at the time of Altigreen’s quotation and Altigreen’s acceptance of Purchaser’s order. Under no circumstances, Altigreen shall be liable for delay in delivery.
Dispute, if any, on product quality or damage or shortage during transportation should be intimated to the carrier on the date of receipt of material/product and such dispute must be highlighted on consignment note. No claims will be entertained if the dispute is not highlighted on consignment note.
Except for obligations stated under “Warranty” herein, Altigreen’s responsibility for products ceases upon delivery to the carrier. In the event of loss or damage during shipment, Purchaser’s claim shall be against the carrier only. Altigreen will, however, give Purchaser any reasonable assistance to secure adjustment of Purchaser’s claim against the carrier provided notice of such claim is given by Purchaser to Altigreen, within four (4) days after receipt of products by Purchaser. Claims for shortages/defects must be made in writing within four (4) days after receipt of products by Purchaser. If Altigreen does not receive written notification of such shortages/defects within such time, products are deemed to be delivered in their entirety and in good condition. Unless agreed upon otherwise in writing, Altigreen reserves the right to make partial shipments and to submit invoices for partial shipments.
Warranty: Altigreen shall, at its sole discretion, repair or replace any part if it suffers from manufacturing defect in materials or workmanship (normal wear and tear excepted) and the Warranty claim should be made strictly in accordance with Warranty Policy and User Manual. Altigreen warrants that all products supplied conform with the specifications and with applicable laws and regulations and this GTC and are of good quality, free from manufacturing defects in materials and workmanship. This Warranty shall not apply to any nonconformity in the product arising from a modification to the product following delivery, inclusion of the product in a manufacturing process following delivery, or arising from other misuse or neglect following delivery. This Warranty is applicable only to the Purchaser and does not extend to any third party.
Changes & Cancellation: Orders accepted by Altigreen are not subject to changes or cancellation by Purchaser, except with Altigreen’s written consent. In such cases where Altigreen authorizes changes or cancellation, Altigreen reserves the right to charge Purchaser with reasonable costs based on expenses already incurred and commitments made by Altigreen, including but without limitation, any labor done, and material ordered/purchased from third parties.
Returned Products: No products may be returned to Altigreen without Altigreen’s prior written permission. Altigreen reserves the right to decline all returns or to accept them subject to a handling charge. Even after Altigreen has authorized there turn of products for credit, Altigreen reserves the right to adjust the amount of any credit given to Purchaser on return of the products based on the conditions of the products on arrival in Altigreen’s warehouse. Credit for returned products will be issued to Purchaser only where such products are returned by Purchaser and not by any subsequent owner of the products. Products will be considered for return only if they are in their original condition and packaging. In the event of a delay in returning the product, product will not be accepted for return.
After sales support: Purchaser can contact Altigreen’s support center number as given on the website www.altigreen.com from 9 a.m. to 6 p.m. or email atsupport@altigreen.com from Monday through Friday (other than public holidays).
The risk of loss of the products shall pass to Purchaser upon delivery to the carrier. Notwithstanding the above, title to the products shall remain with Altigreen until the full price for the products has been paid.
If any product to be delivered cannot be shipped/consigned to Purchaser when ready due to any cause attributable to Purchaser or its other contractors, Altigreen may ship the products and equipment to a storage facility, including storage at the place of manufacture or repair, or to an agreed freight forwarder. In such an event, the following shall apply: (i) risk of loss immediately pass to Purchaser, if they have not already passed, and delivery shall be deemed to have occurred; (ii) any amounts otherwise payable to Altigreen upon delivery or shipment/consignment shall be due; (iii) all expenses and charges incurred by Altigreen related to the storage shall be payable by Purchaser upon submission of Altigreen’s invoices; and (iv) when conditions permit and upon payment of all amounts due, Altigreen shall make products available to Purchaser.
Altigreen shall not be liable for and shall be held harmless by the Purchaser from any damage, losses or claims of whatsoever kind, contractual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the products, including but without limitation, the manufacture, repair, handling, installation, possession, use, operation or dismantling of the products, other than the Warranty expressly provided by Altigreen, and any and all claims, actions, suits, and proceedings which may be instituted in respect to the foregoing. Altigreen’s maximum liability to the Purchaser for damages arising from the sale and purchase of products under each sale shall never exceed the net invoiced value. In no event, whether as a result of contract, warranty, tort (including negligence), strict liability or otherwise, shall Altigreen be liable to the Purchaser for loss of profits, business, revenue, goodwill, use, data, electronically transmitted orders, other economic advantage, consequential, incidental, indirect, special or punitive damages, including but not limited to loss of production, loss of business reputation or opportunity, loss or excessive utilization of raw material or energy, plant shut down, cost of capital, labor charges and the like, even if Altigreen has been previously advised of the possibility of such damages.
Intellectual Property: The products and services provided by Altigreen are based on intellectual property rights (IPR) owned and/or licensed by Altigreen. The Purchaser does not, implicitly or explicitly, acquire any rights to this IPR. Purchaser agrees that it will not try to open, dismantle, or otherwise attempt to study or reverse engineer the technology/components/code of the products and services and will not share any information / data with competitors or automotive companies or any other third parties.
- During the Purchaser’s acquisition/usage of Altigreen’s products or services, or thereafter, Purchaser may provide Altigreen with certain personal information such as name, phone number, email address, vehicle details and other such information (“Personal Information”). Such Personal Information shall be dealt with under Altigreen’s Privacy policy, which Purchaser acknowledges and accepts.
- Altigreen will also be generating data (such as driving profile and history, energy/fuel consumption, currents, voltages, temperature, vehicle location and characteristics, browsing characteristics and preferences etc.) from the usage of the products and services by its Purchasers and Purchasers give consent for generating, storing, processing, analysis and using of this data by Altigreen and its authorized partners. This data will be generated, compiled and stored using Altigreen’s software, technology and proprietary information and all such data shall be owned by Altigreen. Altigreen shall have the sole rights in this data and shall be free to deal with it in any manner it deems fit.
This clause 14 shall bind the Purchaser as well as all subsequent purchasers including the ultimate user(s) of the vehicle.
Environment Safety: Purchaser as well as the ultimate user(s) of the vehicle agree and warrants that the benefits pertaining to Carbon Credits generated by the vehicle during the lifetime of the vehicle shall be exclusively transferred to and owned by Altigreen. Purchaser as well as the ultimate user(s) therefore agree that any and all such fungible (tradable) Carbon Credits obtained during the lifetime of vehicle shall be marketed by Altigreen, and the proceeds from the open sale of such Carbon Credits shall solely belong to Altigreen.
Force Majeure: Altigreen shall not be responsible or liable for any loss or damage incurred by Purchaser herein arising out of delays resulting from causes beyond the reasonable control of Altigreen including, but without limitation, acts of God, epidemic, war, invasion, insurrection, riot , the order of any civil or military authority, fire, flood, weather, acts of the elements, delays in transportation, unavailability of equipment or materials, breakdown, sabotage, lock-outs, strikes or labor disputes, or the failure of Altigreen’s suppliers to deliver in a timely manner. The above shall also be applicable to Altigreen’s supplier if any supplier of Altigreen is affected by such event. For avoidance of doubt, any payment obligations of Purchaser shall not be suspended due to a force majeure event.
GTC shall be governed by law of India. Any controversy, claim or dispute between Altigreen and Purchaser hereto arising out of or related to this GTC shall be referred for arbitration to a mutually appointed sole Arbitrator. If the parties fail to appoint the sole Arbitrator mutually, the appointment of the sole Arbitrator shall be done in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceeding shall be in the English language and the seat shall be Bengaluru. Subject to the Arbitration under this clause, the Courts at Bengaluru shall have exclusive jurisdiction in relation to any disputes arising out of this GTC.

General Terms & Conditions of Supply

GENERAL TERMS AND CONDITIONS OF SUPPLY