These Terms and Conditions apply to the purchase of any products or receipt of services from BlackCobbler, and also usage of this website. By placing an order, you agree to be bound by the following terms and conditions. Any attempt to change or supplement this document will be null and void, unless otherwise agreed to in a written agreement by both you and BlackCobbler. The terms and conditions are subject to change without prior written notice at any time at BlackCobbler's sole discretion. The section headings below are for reference only. If any term is found to be unenforceable, the remaining terms shall not be affected.
"BLACKCOBBLER", "we", "us" and/or "our" mean: BlackCobbler Arts & Technologies Private Limited.
"You" or "your" mean: the individual or organization on the invoice.
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You confirm that any information provided by you for the purpose of purchasing Goods and Services, and during the execution of Services, is true and correct. We reserve the right to cancel any order we deem fraudulent.
Terms of payment are within BLACKCOBBLER's sole discretion, and unless otherwise agreed to in writing by BLACKCOBBLER, payment must be received by BLACKCOBBLER before BLACKCOBBLER's acceptance of an order. BLACKCOBBLER may invoice parts of an order separately. BLACKCOBBLER is not responsible for pricing, typographical or other errors in any offer by BLACKCOBBLER and we reserve the unilateral right to cancel any orders resulting from such errors.
No payments can be withheld in lieu or reasons of repairs/replacement for materials returned under warranty.
Once an Order has been submitted and is acknowledged, the Delivery of Goods and Services is conditional upon receipt of full payment.
After an Order has been placed you may not cancel it. It is solely on our discretion whether we accept or reject any Order cancellation request and whether we process any refund (partial or complete).
On all bounced cheques:
A bank cheque return charge of Rs. 150 will have to be paid.
A Pay Order or CASH within 24 hours of intimation will have to be paid, failing which interest @24% p.a. will be charged towards delayed payment and continuation of warranty on materials supplied under the said payment shall be void and no further communication for warranty shall be entertained.
Warranty on all equipments, if any, is carry-in warranty from the respective Mfrs./Distributors/ASP’s. Goods supplied under warranty are on ONE TO ONE EXCHANGE BASIS ONLY. Goods once sold will not be taken back or exchanged. Warranty stands void if: Cheque is dishonoured or Sr.No. not found. GOODS ARE PHYSICALLY DAMAGED OR BURNT. Warranty seal (if any) is not intact and/or is tampered. To avail warranty, if available, returned goods should mention and be accompanied by: Your challan/covering letter. Copy of our challan/Invoice. Serial Number (if any) and note describing the nature of problem/defect in the returned goods.
You will have to accept repaired/replaced goods of similar conditions as per returned materials. In case of non-availability of replenishment, upgrades at differential value or credit note for replaceable goods at market value shall be given AS ON DATE OF RECEIPT of returned goods and/or AS ON DATE OF REPLENISHMENT DUE DATE. Warranty for replenished goods shall be for the remaining warranty period of originally supplied material.
Loss or damage that occurs during shipping is not BLACKCOBBLER's responsibility. Our responsibility ceases once the goods leave our premises. Loss or damage that occurs during shipping by a carrier used by you is your responsibility. Shipping dates are estimates. You must notify BLACKCOBBLER of damaged or missing items from your order within one (1) day after you receive your product. Notify any kind of error in Product/Quantity/Rate within one working day.
Any Services we provide corresponding to an Order are subject to the pricing as provided and as agreed between you and BLACKCOBBLER.
You agree to provide BLACKCOBBLER with reasonable access to information, equipment or facilities, personnel, materials etc. to the extent necessary for the performance of our services.
We shall be excused from providing services until the necessary access has been provided.
You must keep all professional, technical, business and financial information and know-how shared during the services completely confidential. Confidential Information shall mean collectively all agreements and provided service related documents (whether executed or in draft form), material (including 3DLUTs, 1DLUTs, ICC Profiles, Excel/csv/text data, Matrices, Shaper Curves files, other color related files etc.) and technical, financial and business information of any kind whatsoever including where appropriate and without limitation all data, specification, technology, ideas, know-how, improvements, maps, technical drawings, inventions (whether or not patentable or copyrightable), trade secrets that are provided and without limiting the foregoing any other information as well as any and all tangible and intangible embodiments thereof of any kind whatsoever that would reasonably be considered the confidential or proprietary of us as disclosed to you while providing services regardless of whether such information has been marked as confidential or proprietary. Confidential information shall not include information that has been publicly known; or has been or is received by you at any time on a non-confidential basis from a source other than us lawfully having possession of and right to disclose such information. You agree to hold the Confidential Information in Strict Confidence and it shall not be disclosed to anyone without written consent of us.
If necessary, we will provide you with time sheets and any expense claims for your approval.
We are expressly not liable for any loss of information or data during the performance of our services. You must back up all and any important data prior to receiving any of our services.
Upon receipt of complete payment for Services, we grant you a perpetual, non- transferable license to use any materials (including digital files, documents etc.), that were created during BLACKCOBBLER’s performance of Services, solely for your personal/internal use, unless otherwise agreed in writing.
You may cancel your purchase only within 24 hours from the time you made payment.
You cannot return any BlackCobbler product that you purchased.
BlackCobbler shall be the first lien on the equipment(s) supplied hereunder for any unpaid amount – timely payment being the essence of this transaction/contract. BlackCobbler shall have the right to repossess their equipment, in the event of the customer not paying the full amount by the date of delivery. BlackCobbler Arts & Technologies Pvt Ltd or its duly authorized representative shall be entitled to enter the Customer’s premises and to do such things/acts/deeds as maybe necessary, expedient, usual and proper to repossess the said equipments(s). The customer or their duly authorized representative shall check the equipment(s) ordered at the time of receiving the delivery. No claims shall be entertained by BlackCobbler on any grounds whatsoever thereafter for any incomplete contents or physical damage/breakage.
BLACKCOBBLER does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, for corrupted or lost data/software. BLACKCOBBLER will not be liable for lost profits, loss of business or other special, indirect or punitive damages, even if informed of the possibility of such damages, or for any claim by a third party. You agree that for any liability related to the purchase of products or services, BLACKCOBBLER is not responsible for any amount of damages above the original amount you paid for the purchase.
All software is provided subject to the license agreement that is part of the package you receive from BLACKCOBBLER. You agree to be bound by the license agreement once the package is opened or its seal is broken. Title to software remains with the licensor of the software. BLACKCOBBLER does not warrant any software.
BLACKCOBBLER continually upgrades and revises its offerings. BLACKCOBBLER may revise and discontinue products at any time without prior notice to customers. BLACKCOBBLER will ship products that have the same or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible, though it will be a rare case only. The parts and assemblies used in building BLACKCOBBLER products are selected from new parts.
BLACKCOBBLER website (blackcobbler.com) contains links to third-party websites. We do not take any responsibility for any content and information on third-party websites. The existence of third-party website links and their logos appearing on our website shall be seen as a gesture of politeness and not as any endorsement or approval of the third-party website and their products, whatsoever.
Third-party websites are expected to have their own terms and conditions, which you may be bound to, which should be seen as separate and distinct from this Agreement. BLACKCOBBLER cannot be held responsible for any damage or liability arising from any third-party websites and/or their products (including any software/soft tools/guides/videos/forums/tutorials/information etc.), and you cannot claim any amount from us for any such damage or liability. You shall make your own investigations and decisions regarding the suitability of the linked websites and their products for you, and also for any correction of information on the linked websites.
BLACKCOBBLER holds Copyright on the website (blackcobbler.com) content.
You are strictly prohibited from copying and distribution, extraction, publication, sale or sublicense of any part of our website (blackcobbler.com), and from creating derivative works of any kind.
If there is a breach of the terms, you will be held responsible for any damages or loss of profits.
BLACKCOBBLER reserves its right to exclude any organization/company/person/agency etc. from using/accessing its website (blackcobbler.com) at its sole discretion.
This Agreement and any sales hereunder shall be governed by the laws of the state of UP, subject to Kanpur Jurisdiction. In case of any disputes: Any differences or disputes which may arise between the parties as regards outstandings, terms and conditions of the Invoice etc. shall be settled amicably, and failing which, the same shall be referred to arbitration through a Sole Arbitrator nominated by the company. The arbitration proceeding shall be held at Kanpur and will be governed by the Indian Arbitration & Conciliation Act, 1996.
BLACKCOBBLER is the registered trademark of BlackCobbler Arts & Technologies Private Limited. You will not register or use any Internet domain name that contains a BLACKCOBBLER trademark or trade name in whole or part or any other name that is confusingly similar.