TERMS & CONDITIONS

 

PLEASE READ THE FOLLOWING PRODUCT PURCHASE POLICY TERMS AND CONDITIONS (the “Terms and Conditions”) CAREFULLY BEFORE USING THIS SITE. If you do not agree with any part of the Terms and Conditions, you must not use this Website. If you continue to access, use or otherwise transact on this, you will be deemed to have read, understood and agreed to these Terms and Conditions, Returns Policy and Privacy Statement. If you are accessing, using or otherwise transacting this Website through a proxy, you will be deemed to have read, understood and agreed to these Terms and Conditions, Returns Policy and Privacy Statement before authorizing a proxy to enter this Website on your behalf.

  1. We, and similar expressions, refer to Pitney Bowes India Private Limited. You, and similar expressions, refer to you, our customer visiting our Website and/or submitting the Purchase Proposal to us on this Website or through our customer service agents. Website means our e-commerce website at the following web address and URL: www.pitneybowes.com\in
  2. Nature of Information. We make all reasonable endeavours to ensure all information provided on this Site is accurate, up-to-date and complete. However, the information and materials on this Site may contain errors or inaccuracies, including both typographical and substantive errors. You must make your own assessment of any information or materials provided on this Site and rely on it wholly at your own risk. We reserve the right, in our sole discretion, without any obligation and without any notice to you, to discontinue, change, improve or correct information, materials and descriptions on this Site and to suspend or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.
  3. Our conditions always apply. In return for us agreeing to consider your purchase proposal that you place on our Website, you agree that these conditions apply if we do accept your purchase proposal or if we do supply you with the goods or services (whether for cash or on credit). An accepted purchase proposal is non-cancellable.
  4. Not obliged to accept purchase proposals. We are not obliged to accept any purchase proposal from you that you place on our Website. But if you do place a purchase proposal on our Website, then it becomes binding from the moment you submit the purchase proposal.
  5. Our conditions overrule any other form. These conditions prevail even if they are inconsistent with anything in any earlier or later order form or similar document.
  6. Prices and price variations. We may increase any agreed price or fee after we accept a purchase proposal, to cover the full amount of any increases in Value Added Tax (“VAT”), Central Sales Tax (“CST”), Octroi in case of select states, levies, charges, taxes and duties including but not limited to sales taxes, consumption taxes and stamp duty which we incur in connection with a transaction after the date of your order, together with any fine, penalty or interest payable because of your default after the date of your order.
  7. Payment Procedure: Payment for the goods is to be made by cash on delivery and additional fees may also apply upon receipt of the goods. You shall examine all the goods upon receipt and shall notify us immediately of all discrepancies. Such notice shall be reasonably detailed, specifying the discrepancy or reason for rejection and should be noted on transit document. Please note that any failure to give such notice within the time specified herein shall be deemed an acceptance of the goods as of the date of shipment.
  8. Taxes including VAT/CST. You must pay or reimburse us for all levies, duties, taxes and charges, including VAT/CST, in connection with this Agreement (apart from any tax calculated on our net income). Prices and fees shown on the Website are stated exclusive of VAT/CST and are borne by you, unless stated otherwise on the Website.
  9. Delivery. We generally deliver products India-wide using our standard courier tie-ups, however, we reserve the right to use any other courier/delivery organisations at our discretion from time to time. Delivery fees as mentioned in the order summary would be applicable. Based on government policies, VAT/CST/Service Tax may be charged over and above the delivery fee. Shipping times are estimated between 7-10 business days depending on your location in India. Delivery times are estimates only and we are not liable for any delays in delivery. If you request special shipping or handling including without limitation, expedited shipment, third-party billing, or freight collect, you shall bear all risk of loss and damage to the goods in transit and is responsible for filing claims with the carrier and all freight and handling costs will be borne by you. In the event that the Product is not available, or we are unable to fulfill your order, we will endeavour to notify you within 24 hours to arrange an agreeable alternative item or a backorder. If you are accessing, using or otherwise transacting this Website from outside India, the products referred to in this Website may not be available for your country. The information and references to products on the Website do not imply that we intend to make available such products in your country. If in doubt, please contact us for more information.
  10. Unexpected delay. This condition applies if something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way. In those cases we may wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay which results. Without limiting those general words, that applies where we have problems due to accidents, strikes, transport difficulties or stock shortages.
  11. Our warranty. We shall repair or, at our option, make a replacement available to you for any new equipment supplied by us if there is any manufacturing defect in material or workmanship within seven (7) days of delivery. We shall repair or at our option, make a replacement available to you for any Pitney Bowes branded goods supplied by us if there is any manufacturing defect in material or workmanship within seven (7) days of delivery. Except to the extent permitted by law, we choose whether to repair or replace, and that is the limit of our liability under this warranty. This warranty does not cover any damage caused by the use of other than genuine Pitney Bowes parts or Consumable Supplies (as defined in Condition 23 below). We will only recognize a claim under this warranty if you give due notice to us in writing within seven (7) days of delivery of the product procured through the site, whether it is new or refurbished. The notice must state the warranty under which you are claiming and what has happened that triggers the warranty. You must bear the costs of making the claim. Your rights under this warranty are in addition to all your other rights and remedies under law. Any costs incurred by you in substituting the defective product (including investigation and location of the defective product and costs of any kind incurred in carrying out the substitution), are to be borne by you. Also our obligations are subject to our other trading conditions, including Conditions 12 – 18.
  12. Exclusion of implied conditions. All conditions, terms and warranties that are or might otherwise be implied by law, practice, trade usage or international convention, are excluded to the fullest extent permitted by law.
  13. Sale by specification. We offer our products by specification. You decide what purpose to use them for and you alone are responsible for determining your technical requirements. Also you alone are responsible for determining whether any product we supply is fit and suitable for your purpose. Any performance figures we provide are approximations and only for general guidance: a particular performance figure, even after allowing an approximation tolerance, may not be obtainable continuously or in all circumstances. Dimensions and specifications are all subject to tolerances and may be a little more or less and are also subject to minor variations between similar items. We are not supplying any service or advice of any nature. The provisions of this Condition 13 apply despite any comment or representation made or implied by us. We intend that you do not rely on any advice from or representation by us unless made in writing and signed by one of our directors. In relation to any order you may not rely on any prior agreement, representation or negotiation by us, our agents or any third party unless made in writing and signed by one of our directors.
  14. No other representations. We rely on the following warranties from you as essential conditions. You do not rely on any representation made or implied by us or arising out of or implied by our conduct, nor upon any description, illustration or specification contained in any document produced by us, including any catalogue or publicity material. To the extent that we have made or implied, or by conduct given rise to or implied, any representation that is not expressly stated in these conditions, you are not proceeding in reliance on the representation because you have had and taken the opportunity to independently check and form your own view about the significance, and the accuracy or otherwise, of the representation. Without limitation, you acknowledge that you are not relying on being able to make any claim against us, for any representation made or conduct occurring before, under or in connection with any order, beyond the claims that can be made, and the limits applying, as provided in these trading conditions.
  15. Specific Terms and Conditions. Certain products have their own specific governing terms and conditions which shall apply in addition to the Terms and Conditions. It is important that you read these specific terms and conditions which are applicable to these certain products and services as they may contain exclusions of limitations of liability and other terms and conditions, including restrictions on amendment or cancellation. Some of these terms and conditions for specific products and services shall include terms and conditions found on your screens and when using any part of this site. In the event of any inconsistency between the terms and conditions for a specific product and the Terms and Conditions, the terms and conditions for the specific product shall prevail in relation to that specific product or service.
  16. Competition Policy and Consumer Protection limits. Provisions of the laws governing Competition Policy and Consumer Protection and any other relevant statutes in some cases either cannot be excluded, restricted or modified. If any provisions of those types do apply, then to the extent permitted by law our liability under those provisions is limited as follows. Our liability in relation to goods is limited at our option to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired. Our liability in relation to services is limited at our option to the supplying of the services again; or the payment of the cost of having the services supplied again.
  17. Liability for injury or physical damage. We do not seek to exclude our legal liability (if any) for any death or personal injury, or for any reduction in the value of physical property (things that can be touched), which is caused by our negligence (accidental lack of care). However, even where we are liable for death or personal injury or for the reduction in value of physical property, the following limits apply. We are not liable for any associated Consequential Damage (as defined in Condition 18). Also, we are not liable to the extent that something was caused or contributed to by your negligence or by the negligence of your contractors or agents or of any third party.
  18. Other damages claims excluded. Except as stated above, we are not liable for, and you do not rely on being able to claim against us for any loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or Consequential Damage under or in relation to any agreement for us to supply goods, services, firmware or software or anything done or omitted in that regard or for that purpose, or in relation to any representation or conduct before, under or in respect of any order, and whether or not the possibility or potential extent of the loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or Consequential Damage was known or foreseeable and whether in contract or for negligence or any other tort or for breach of statutory, fiduciary or other duty (if any) and whether or not the act or conduct was authorised or required. Consequential Damage in these conditions includes loss of use, lost production, lost income or profits, loss of opportunity, lost savings, increased or wasted expenses, delay or lost time, loss of or damage to goodwill, increased operating costs, wasted or increased financing costs, loss of or damage to data or records, loss of or unavailability of or damage to tangible or intangible property, claims made against you by others, losses or costs or expenses associated with identification, investigation, assessment, repair, replacement or servicing and any other economic loss or damage and any other special, indirect or consequential loss or damage. Subject to Conditions 17 and 18, our total aggregate liability to you shall in no event exceed the amount of consideration that you have paid us with respect to the products at issue.
  19. Software licences. We supply any firmware or software which comes with goods, and any additional software specified on the proposal form, under licence only. That licence is non-exclusive but perpetual and only allows use of the particular firmware and software with the goods with which it is supplied. You must not modify, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, transfer or distribute the software or accompanying documentation.
  20. Variations in specifications. We reserve the right to vary the specifications or performance criteria of any product from time to time and to obtain products from different sources, at our absolute discretion.
  21. Availability of spare parts. We make reasonable efforts to ensure the availability of spare parts for any particular product type for at least 5 years from the first time it is or was supplied to a customer when it was new. Where spare parts are available, our ruling rates at the time will apply.
  22. Shortages and pre-delivery damage. We will not recognise any claim for a shortage in a delivery or for any item being delivered in a damaged state if the claim is not made within seven (7) days of delivery. When you sign any delivery or consignment note or similar document on receipt of a delivery, that is conclusive evidence that you received the delivery without any shortage or damage that would have been visible on taking delivery without unpacking the goods. You carry all risk of goods in transit where you arrange for carriage.
  23. Limits on cancellation. You do not have the automatic right to cancel an order or to return any goods for credit. This provision does not limit our warranty or the provisions of Condition 17. However, for purchases of Consumable Supplies, we may at our discretion agree to you cancelling an order or returning the supplies. In that case you must pay a cancellation/re-stocking fee of 20% of the amount invoiced or that would be invoiced. We will only give you credit for goods that are returned in original condition, packaging and configuration. In these conditions Consumable Supplies means the range of items that we designate from time to time, including without limitation paper, envelopes, labels, ink and toner. We will not agree to any request to cancel an order for equipment or software. If you wrongly cancel or purport to cancel an order then the damages that you have to pay to us may equal the full amount of the agreed purchase price, plus an additional cancellation/ re-stocking fee of 25% of the price in the case of Consumable Supplies, or an additional cancellation / compensation fee of 100% of the purchase price in the case of equipment and/or software.
  24. Trade markings and Intellectual Property Rights. You may refer to goods supplied by us by their associated names, including associated trade marks and logos, only if such reference is not misleading nor prejudicial in any way to us or our intellectual property rights. You may not remove or alter any serial numbers, trade marks or other markings or get-up, nor may you co-brand or co-logo any goods provided by us. You do not acquire any right to any of our intellectual property. You must not incorporate any of our trade marks into your trade marks, company names, internet addresses, domain names, or any other designations.
  25. Publicity. We may use your name in promotional materials, including press releases, presentations and customer references regarding the sale of any goods. You give us that permission free of charge for worldwide use in any medium. However, we will obtain your prior approval for publicity that contains quotes or endorsements attributed to you.
  26. Intellectual Property Infringement. If there is any allegation or apprehension that any goods we have supplied to you infringe the rights of others you must tell us and give us the opportunity to modify, alter or substitute the alleged infringing item or items. This provision is in addition to our other rights under this Agreement.
  27. Assignment and Subcontractors. We may, and you must not, assign any part of the whole of any right or benefit of any contract we have with you. We may choose to use one or more subcontractors to fulfil our obligations under any contract we have with you.
  28. Waiver. Our failure to exercise or enforce any one or more of our rights under these conditions and/or under the Legal Notices will not constitute a waiver of such rights unless such waiver is granted to you by Pitney Bowes in writing.
  29. Variation. These conditions can only be varied by one of our authorised officers signing a document which states the variation, and the transaction to which the variation applies.
  30. Personal information and data privacy. We may collect personal information about you, and in particular the person signing this agreement, in connection with our dealings with you. We will at all times abide by the Information Technology Act 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as amended from time to time, in handling personal information about you, your business or your directors. We may transfer personal information to other companies within the Pitney Bowes group, to credit rating agencies, subcontractors, and other third parties engaged by us to carry out services on our behalf, or otherwise in accordance with our legitimate business needs. We may obtain personal credit reports about you for the purpose of assessing your credit application, and we may exchange your personal information with other credit agencies in case of default by you. We may also use your personal information to send details of other Pitney Bowes products and services which may be of interest to you.
  31. Application of receipts. We may apply any payment we receive from you or on your behalf, to and between any debt you owe to us or any account you have with us.
  32. Indemnity. You agree to defend, indemnify, and hold Pitney Bowes and its affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this Site.
  33. Territorial Coverage. This Site provides listings of a wide range of Pitney Bowes products and therefore may contain references or cross references to particular products and services that are not readily available in any particular country. Any such reference does not imply that Pitney Bowes in any particular country intends to market such products or services. All actions resulting from a search of this data must be related to solutions using only products and services announced by Pitney Bowes in any particular country. In particular Pitney Bowes makes no claim for the accuracy of product information on this Site with regard to any country outside India.
  34. Intellectual Property Rights in respect of the Website. All material on this Site is protected by copyright under the laws of India and, through international treaties, in other countries. Unless otherwise indicated, we reserve all copyright in the content and design of this Site. We own all such copyright or use it under licence or applicable law. You may make a temporary copy of part or all of this Site on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed and the material is appropriately attributed to Pitney Bowes. You may not, in any form, or by any means (a) otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Site; (b) cause any of the material to be framed or embedded in another website, or (c) commercialise any information, products or services on this Site, except with our prior consent written or as permitted by applicable copyright legislation. The ‘Pitney Bowes’ trademark and the names of Pitney Bowes’s products and services referenced within this Site are trademarks or registered trademarks of Pitney Bowes Inc., USA or a Pitney Bowes group company. Any unauthorised use of any of the trademarks is strictly prohibited.
  35. Complaints about the Intellectual Property Rights in respect of the Website. We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us/ our Designated Agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address. Our address/ Address of our Designated Agent is 45, 2nd Floor, Okhla Industrial Estate, New Delhi -110020. The above contact information is provided exclusively for notifying Pitney Bowes that copyrighted material may have been infringed. Any other inquiries will not receive a response through this process and should be directed to our customer service group by email.
  36. Export Services. Pitney Bowes does not represent that it holds the authorisations and approvals required to provide advice and services in all jurisdictions where the material on this Site may be viewed or received (including in particular software that may have restrictions on the importation or exportation from certain jurisdictions). You must ensure that your access to and use of this Site is not illegal or prohibited by laws which apply to you or in your location.
  37. Governing Law. Our agreement with you, including the Terms and Conditions, its performance and all disputes arising out of or in connection with this Agreement is governed by and is to be interpreted according to the laws in force in India. All disputes arising out of or in connection with Terms and Conditions and this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of three (3) arbitrators. The language of the arbitration shall be English and the venue of the arbitration shall be at New Delhi, India. The award of the arbitrators shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.