About the company
1. Where is Transteel located and does it have any showrooms?
2. How many years has Transteel been in business?
3. Who are your customers?
4. To which countries and cities are the Transteel chairs being supplied to?
5. Does Transteel manufacture it own chairs? Do you have imported chairs?
About our chairs
1. What makes your chairs different from your competitors'?
2. How long is the warranty on your chairs?
3. What are the options available on your ergonomic chairs?
4. What are the leather and fabric options on your ergonomic chairs?
5. How easy is it to assemble an office chair from Transteel?
6. How do I know that the chair I am purchasing is safe and durable?
1. How do I order the chairs?
2. Do I have to buy them online?
3. What forms of payment do you accept?
4. When will my credit card be debited?
5. Are there any additional charges?
6. Can I change my order or delivery date?
7. What happens if I cancel my order? Can I get a refund?
8. Do you accept purchase orders?
9. What If I have a question about ordering?
10. What if I need a chair that is not on your site?
11. Do you send out fabric swatches?
12. I have a large order. How do I go about placing it?
1. How long will you take to deliver the products after I order?
2. Who delivers the chairs and how are they sent?
3. What if I'm out when you deliver the products?
4. Do you deliver to all the states in India?
5. Do you deliver outside India?
6. What packaging are your chairs delivered in?
7. Can the delivery company confirm the time and date at which they send the products to me?
8. What do I do if the goods delivered to me are damaged?
1. What happens if I assemble my product and then decide to not keep it?
1. Is your site secure? Can I give my card details online?
1. How can I contact Transteel?
2. What is your mailing address?
3. Which are the addresses of your showrooms nearest to me?
4. What should I do if I have a complaint?
5. What should I do if I need to get my chair serviced?
1. How does your warranty policy work?
2. What are your commercial terms and conditions?
About the company
Q. Where is Transteel located and does it have any showrooms?
A. Our production facilities are at Peenya, Bangalore. Our retail outlets are in Bangalore, Chennai, Kochi, and Calicut. The address and phone numbers of these outlets and our production facilities are on our 'contact us' page. We are also in the process of opening outlets in all the major cities in India.
Q. How many years has Transteel been in business?
A. Transteel has been in the business of manufacturing ergonomic chairs since 1995. The company has since then grown steadily to become the preferred ergonomic chair vendor to most of the leading companies in India and abroad. Even though Transteel’s chairs are now distributed globally, we’re still a family-owned company, operating under our original philosophy-creativity and innovation with an intense focus on personalised service, superior product quality, and total customer value. To get a soft copy of our company profile literature click here.
Q. Who are your customers?
A. We are the preferred partner for many large Indian and multinational companies such as Infosys, IBM, General Motors, Procter and Gamble, Astra Zeneca, State Bank of India, Bosch, Honeywell, American Express, ING Vysya and ITC.
Q. To which countries and cities are the Transteel chairs being supplied to?
A. Our chairs have been installed in all the metros in India and also in several smaller towns and cities. They have even been exported to other countries including the United States (New York).
Q. Does Transteel manufacture its own chairs? Do you have imported chairs?
A. We manufacture all our chairs, as well as components like tilt mechanisms and adjustable arms, at our state-of-the-art plant with automated assembly lines and advanced press shop. We also source high end imported chairs from associated vendors.
About Our chairs
Q. What makes your chairs different from your competitors?
A. We focus only on ergonomic chairs and related accessories. We do not sell desks, file cabinets, and other office furniture or view ergonomics as an additional business. It is our only business. Our chairs provide greater ergonomic adjustment options, are more comfortable, and better fit each individual than most of (if not all) our competitors' products.
Q. How long is the warranty on your chairs?
A. Transteel chairs have one year carry-in limited warranty against defects in manufacture. Please see the details under general conditions of sale.
Q. What are the options available on your ergonomic chairs?
A. Selecting the right seating for your workplace is a critical aspect of occupational ergonomics. Given our occupational lifestyles, adjustable seating is increasingly becoming a prerequisite that cannot be ignored. Transteel chairs offer numerous options that can customise the chair for your needs. We offer a choice of bases, tilt mechanisms, fabric colours, arm rest options, and ergonomic accessories including the Ergo Knob – a lumbar adjustment mechanism that makes the chair backrest flexible and provides a lumbar support that is just right for you.
Q. What are the leather and fabric options on your ergonomic chairs?
A. The chairs come in the finest Italian and South American leather or in comfortable cloth upholstery with a range of colours and patterns. A high-quality, digital shade card is available under customisation against each chair.
Q. How easy is it to assemble an office chair from Transteel?
A. Our chairs are very easy to assemble and need no tools. You can assemble a chair at home in less than a minute. To know more, watch the detailed video assembly in the chair section under the products page.
Q. How do I know that the chair I am purchasing is safe and durable?
A. You do not have to take our word for it. Transteel chairs have been tested, approved and are in use by several large companies including IBM, Infosys, and Bosch.
Q. How do I order the chairs?
A. Ordering on Transteel.com is very easy. Select the chairs that you like, customise it, and add to the shopping cart. When you check out, enter the billing and shipping details, and your contact information, and make the payment. Our customer service team will contact you, collect any additional information required, confirm the details of the order with you and send an email confirmation with the details of the order and the delivery date.
Q. Do I have to buy online?
A. Ordering online is quick and easy, but you can also order on the phone with a confirmation by email. Simply call our customer service team on +91 80 2556 8868 (From Monday to Friday: 9 am to 5 pm, Saturday: 9 am to 1 pm) or email us at firstname.lastname@example.org
Q. What forms of payment do you accept?
A. We accept most forms of payment. The easiest method is to use our fully-automated, online credit card processing system. If you do not want to use your credit/ debit card on the Internet, we can also process payments via multicity cheque/ demand draft payable at Bangalore. Call +91 80 2556 8868 to arrange this. Please remember that paying by cheque, other than payable at Bangalore, will slow down the processing of your order by approximately 10 to 15 days as we will be able to initiate your order only after your cheque gets cleared.
Q. When will my credit card be debited?
A. Your order is processed by Transteel on the very day it is received. The card will be debited as soon as we receive and start processing your order.
Q. Are there any additional charges?
A. Our aim is to provide you with clear and honest product and pricing information and no additional charges apply. All our charges are clearly specified at the point of purchase and include all taxes and delivery charges to your door step.
Q. Can I change my order or delivery date?
A. We will do our best to accommodate any changes you require. However, once the production order has been issued to the factory, your order details cannot be changed. This usually occurs within the first 24-48 hours of the product delivery cycle. Be assured that we will assist you as much as possible when an order change has been requested.
Q. What happens if I want to cancel my order? Can I get a refund?
A. Our orders are usually processed on the day we receive them and an order confirmation is sent to you. There is very little flexibility for cancelling an order once the processing has begun and we do not refund the payment.
Q. Do you accept purchase orders?
A. We do accept purchase orders from government agencies and large companies. Acceptance of the order does not constitute credit approval. This will be subject to review and we reserve the right to accept or deny it on the basis of the customer's credit worthiness. We will also accept purchase orders from companies that have made arrangements for payment in advance. You can also fax/ email us your purchase order.
Q. What if I have a question about ordering?
A. You can contact us directly at +91 80 2556 8868 or email us at email@example.com We will happily assist you, from arranging special delivery of your chairs, to answering technical product questions. Our personnel are specifically trained in the field of seating, with an emphasis on ergonomic seating, and will answer your queries.
Q. What if I need a chair that is not on your website?
A. Team Transteel has a combined industry contact base that spans 50 years. We can produce or procure any kind of ergonomic chair. Please email us at firstname.lastname@example.org or call +91 80 2556 8868.
Q. Do you send out fabric swatches?
A. Our digital swatch images are of very high quality. If you have a large order, or just need to be sure that the textile choice will work perfectly for your chair,
we will send you a card if we have one on hand. Transteel does not guarantee the appearance of any fabrics/ finishes on our site. Do note that the fabric swatches will be sent only after the order is placed and accepted by us.
Q. I have a large order. How do I go about placing it?
A. If you have a large multiple piece order that exceeds INR 2,00,000 (USD 4000 ) please contact us. We will need some information before we send our quote out to you.
Q. How long will you take to deliver the products after I order?
A. The products will be manufactured within a week after you order. Shipment time will be between 7 to 15 days depending on your location. If there are further unforeseen delays, a member of our team will contact you as soon as possible.
Please note we may have stocks available even before the despatch date originally quoted. If this is the case, we will despatch the product as soon as possible and send an email to let you know that our carriers now have the goods. So, if you are unavailable to receive your products until after a given date, you must tell us this in the 'add comments' section while placing your order.
If you have failed to inform us of this and we are unaware of these dates, we may despatch the items through our carriers. They will then return the items to the warehouse at an additional charge of Rs 3000 per item, which will have to be born by you.
Q. Who delivers the chairs and how are they sent?
A. Transteel chairs are delivered by reliable carriers such as Blue Dart, TNT, Gatti etc. The chairs are shipped by road.
Q. What if I am out when you deliver the products?
A. We need a signature from you at the point of delivery and therefore, cannot leave goods unattended in your garage or garden. Please inform us if you know that you will be out at the time of the delivery. We will arrange an alternative delivery date.
Q. Do you deliver to all the states in India?
A. We deliver to all the states in India. Certain states allow deliveries only to companies with valid sales tax registration numbers and other state-specific documents like way bill, etc. Do feel free to call us on +91 80 2556 8868 or email us at email@example.com for a confirmation.
Q. Do you deliver to locations outside India?
A. Yes we do deliver chairs globally. Transteel chairs have been exported to several countries including the United States.
Q. What packaging are your chairs delivered in?
A. All our products are delivered in corrugated packing for self-assembly. We take great care over the design and packaging of our products to ensure that they are easy to assemble. All products come with comprehensive and easy-to-understand assembly instructions. Our customer care team will be pleased to advise you in the unlikely event that you encounter difficulties. Please call us on +91 80 2556 8868 or email us at firstname.lastname@example.org
Q. Can the delivery company confirm the date and time at which they send the products to me?
A. Once the chairs have been collected by the carriers, we will send you an email confirmation with the tracking number. The consignment can be tracked on the carriers' website.
Q. What do I do if the goods delivered to me are damaged?
A. This happens infrequently. However, sometimes chairs sustain minor damage during shipping. If this occurs, contact us immediately after receiving the chairs on +91 80 2556 8868 or email us at email@example.com We may offer a repair, exchange, or refund as appropriate, and in accordance with your legal rights.
Q. What happens if I assemble my product and then decide not to keep it?
A. Transteel chairs are not returnable.
Q. Is your site secure? Can I give my card details online?
A. We use the latest security technology and guarantee that any personal information you enter on our website is completely safe. All credit card numbers are encrypted in the software when using 128-bit encryption. We use ICICI Bank's on-line payment service to process card payments. This means that we never see your card details and they are protected by the bank's own strict security polices, which are leading in the field of on-line payments.
Q. How can I contact Transteel?
A. You can call us on +91 80 2556 8868, fax us at +91 80 2556 2580 or email us at firstname.lastname@example.org
Q. What is your mailing address?
A. Transteel Seating Technologies Private Limited
No 47, Linden Street, Austin Town,
Bangalore, Karnataka State, India
Post code: 560 047
Q. Which are the addresses of your showrooms nearest to me?
A. Transteel has retails outlets in Bangalore, Chennai, Kochi, and Calicut. The address and phone numbers of these outlets are on our 'contact us' page. We are also in the process of opening outlets in all the major cities in India.
Q. What should I do if I have a complaint?
A. If you are unhappy with any aspect of our service, please email us at email@example.com We will acknowledge the receipt of your complaint within one working day and do our very best to fix any problem that you may have.
Q. What should I do if I want to get my chair serviced?
A. With proper use Transteel chairs seldom require any servicing. However, when needed, Transteel chairs are serviced at its factory in Bangalore by trained technicians. Should you require any service to be done on your chair call our service centre on + 91 80 40166555 or email us at firstname.lastname@example.org Our service team will get in touch with you to understand the nature of service required and offer an estimate for the same including the time required, cost of collection and return back to you. On your acceptance of our service estimate and receipt of the full payment by us, our designated carrier will arrange to collect the chair from your premises and will return it back to you after the service has been completed.
Q. How does your warranty policy work?
A. Transteel chairs come with a one year carry-in warranty. Warranties usually exclude fabric and foam. They almost always cover the basic structural components of the chairs. Please review the warranty as listed within the product pages. Should the chair develop any fault during the warranty period, contact us on +91 80 2556 8868 or email us at email@example.com
Our service team will get in touch with you to understand the nature of the fault and offer an estimate for collecting and returning the chair to you. You don't have to assemble or disassemble it. Once you accept the freight charges and we receive the payment for the same, our designated carrier will arrange to collect the chair from your premises and return it after the service has been completed.
If our technicians find, during inspection at our factory, that the chair's flaws are due to manufacturing defects, we will replace the part free of cost. However, if the fault is not due to a manufacturing defect, we will send an estimate of the repair to you and proceed with the work only after receiving the payment for it. If you do not wish to accept our estimate for the same, we will return the chair to you. Our decision in this matter will be final and binding.
What are your commercial terms and conditions?
1. The following General Sales Conditions are part of and applicable to all the offers and agreements of Transteel Seating Technologies Private Limited (hereafter referred to as Transteel), a company incorporated and existing under the laws of India. And the performance thereof, unless Transteel agrees in writing that the General Sales Conditions shall not apply, in whole or in part, to an offer or agreement.
2. Except where otherwise provided herein, any references to any number of days shall mean calendar days excluding Sundays and national/bank holidays.
3. Transteel strives for accuracy in all price lists, price quotations, brochures, order confirmations, invoices and other information provided by Transteel. However, Transteel shall not be responsible or liable for any misstatement, typographical error, or other similar error under good faith made by Transteel or a representative of Transteel, which the customer knew or should have reasonably known was a misstatement, typographical error or other similar error.
4. In the event that the Agreement is executed in more than one language, the English language version shall prevail in the case of any discrepancy.
1. Scope of application
1.1 Any offer, sale, delivery or service on the part of Transteel is governed exclusively by these General Terms and Conditions of Sale ('Sales Conditions'). Any conflicting or differing terms or conditions applied by the Buyer shall be deemed invalid, regardless of when Transteel learns of them. This shall be the case even if Transteel is aware of conflicting or differing terms or conditions applied by the Buyer but nevertheless makes delivery to the Buyer without reservations. Any deviation from these sales conditions shall be valid only if confirmed in writing by Transteel.
1.2 These Sales Conditions shall also apply to any subsequent business transaction with the same Buyer, even if no additional agreement to this effect has been concluded.
1.3 Deliveries that require assembly on location are, in addition, subject to Transteel terms and conditions for repair and assembly.
2. Offers and conclusion of contract
2.1 Unless expressly indicated otherwise, all offers made by Transteel are non-binding. Cost estimates are non-binding.
2.2 A sales order becomes a valid contract, only if it is confirmed in writing by Transteel by an order confirmation. The validity of any modifications, amendments or ancillary agreements to the sales contract is also subject to written confirmation by Transteel.
2.3 The order confirmation is deemed to correctly and completely reflect the contract unless customer provides written objection to Transteel regarding such order confirmation within two (2) days of the order confirmation date.
2.4 Documents supporting the offers, such as illustrations, drawings or specifications of
chairs are approximate unless they have expressly been agreed upon as binding. Transteel reserves all ownership rights and copyright in illustrations, drawings, cost estimates, calculations, and other documents. They may not be disclosed to third parties without prior express written consent from Transteel. Such materials are to be returned to Transteel immediately in the event that
(i) A contract is not concluded or
(ii) Performance under a contract has been fully completed.
2.5 For deliveries for which no written offers or order confirmations are sent, the invoice for such deliveries will be considered as an order confirmation that is also deemed to correctly and completely reflect this agreement.
3. Purchase price and payment
3.1 Unless otherwise agreed upon, Transteel’s product prices include central excise and VAT. Transteel however reserves the right to increase the price of the chair if there is an increase in the duty/ VAT payable on the date of shipment.
3.2 Unless otherwise agreed upon in writing by Transteel, the payment must be made in full, and without any costs arising for Transteel prior to delivery, nett.
3.3 The Buyer is not entitled to any set-off, retention or reduction of the purchase price, unless the Buyer’s counterclaims are either undisputed by Transteel or have been confirmed by a final court decision. The same shall apply to warranty claims.
3.4 In the event that the Buyer is late in making payment, Transteel is entitled to charge interest at the rate of the Indian legal provisions applicable for delay in payment. If Transteel establishes that its actual damages resulting from the Buyer’s delay of payment were higher, then Transteel is entitled to claim compensation for such higher damages. The Buyer shall, however, be entitled to prove that the actual damages
resulting from its late payment was lower.
3.5 Where circumstances come to Transteel’s attention indicating that the buyer’s creditworthiness is questionable, all deferred debts become due immediately. Moreover, in
such a case, Transteel is entitled to demand payment in advance or the provision of security.
4.1 Applicable delivery dates shall be agreed individually. A delivery period indicated by
Transteel shall commence only once all issues required for the performance of the order have been resolved. This means, in particular, that any required documents, permits or releases that must be provided by the Buyer actually have been provided by the Buyer and received by Transteel or that an agreed upon down payment actually has been received by Transteel.
4.2 Compliance with the agreed delivery date is subject to the correct and due delivery of input raw materials and components to Transteel.
4.3 Unless otherwise agreed upon, all deliveries are 'ex works' Bangalore.
4.4 The delivery requirements shall be deemed fulfilled if the goods have left Transteel‘s factory/ warehouse for shipment prior to the end of the delivery period or if the Buyer has been notified that the goods are ready to be sent. Where the Buyer is obligated to accept the delivery, except in case of a justified rejection of the acceptance, the date of acceptance is decisive, or, respectively, the day on which the Buyer has been notified that the delivery is ready for acceptance.
4.5 Transteel may make partial deliveries or partial performances at any time.
4.6 Transteel is not responsible for any delays in delivery or performance, even where fixed delivery dates or periods are affected and even if Transteel is late, if these delays result from force majeure or any circumstances which significantly impede or prevent delivery by Transteel, in particular, such circumstances include strikes, civil unrest, bundhs, lockouts or any instructions issued by competent authorities, even if such circumstances occur at suppliers’ or sub-suppliers' of Transteel. Under such circumstances, Transteel is entitled to delay its delivery or performance for the duration of the delay caused by the particular circumstances, plus a reasonable period of time for recommencing operations, or to withdraw from the contract in part or in full with regard to the outstanding delivery or performance. Transteel must inform the Buyer as soon as possible of the beginning, the end, and the presumed duration of the delay caused by the afore-mentioned circumstances.
4.7 Transteel deliveries shall not be deemed to be late if the Buyer is provided with replacement goods within the agreed delivery period, which fulfil the technical and functional requirements of the Buyer in all substantial respects, for the period of time until the delivery of the actual goods. Transteel shall bear all costs arising from the provision of the replacement.
4.8 In the event that Transteel’s product delivery is delayed, the Buyer must grant Transteel a reasonable extension of time for performance of the contract.
4.9 In the event that Transteel delays delivery and thus causes any damage to the Buyer, the Buyer shall be entitled to demand a flat amount of compensation for damages caused by such delay. This amount is 0.5% for each full week of delay, but the total amount of compensation is not to exceed 5% of the value of the part of the delivery which could not be used as stipulated in the contract, or in due time. In the event that the Buyer grants a reasonable extension of time for performance of the contract to Transteel, taking into account any legal exceptions thereof, and if such a delivery period is not met, the Buyer is entitled to withdraw from the contract in accordance with statutory provisions. The flat amount of compensation for damages shall settle all claims due to delay in delivery. Any claims exceeding this can only be made in accordance Transteel’s rights with Clause 8.2.
4.10. Customer shall take delivery of the goods in accordance with the agreed upon INCOTERMS. If Customer fails to take receipt of the goods when such goods are presented for delivery by Transteel or a representative of Transteel, then the goods will be stored (at the Customer’s cost and risk) while being available to Customer, notwithstanding the right of Transteel to claim damages or cancel the Agreement. After a period of One (1) week, Transteel may sell these goods in a manner it deems appropriate. Any deficiency between the proceeds of such sale, less additional costs related to such sale, and the amount due from Customer under the agreement will be for Customer’s account and risk without prejudice to Transteel’s rights.
5. Transfer of risk, transport, and delivery in acceptance
5.1 Risk shall pass to the Buyer as soon as the goods have left Transteel’s factory/ warehouse for shipment. This shall also apply in the case of partial deliveries or in the event that Transteel has taken over any further services such as delivery expenses, delivery or installation. Insofar as the Buyer is obligated to accept the delivery, transfer of risk will occur upon such acceptance. The acceptance shall take place either upon the delivery date, or, alternatively, upon the day on which the Buyer has been notified by Transteel that the delivery is ready for acceptance. The Buyer is not entitled to refuse acceptance if a defect is not material.
5.2 In the event that transport or the acceptance is delayed or becomes impossible due to
circumstances that are not attributable to Transteel, the risk shall pass to the Buyer upon the day on which it has been notified that the goods are ready for dispatch or acceptance.
5.3 Unless otherwise agreed upon, transport of the goods is affected at the risk and expense of the buyer.
5.4 If the Buyer so wishes, Transteel shall insure the shipment at the Buyer’s costs against theft, breakage, damages resulting from transport, fire and water, as well as against other insurable risks.
5.5 In the event that the Buyer delays acceptance or violates its duty to cooperate in any other way, Transteel is entitled to claim compensation for the damages caused by such delay or violation, including any additional expenditure, in particular, any costs incurred in the delayed acceptance of delivery.
5.6 Where commercial terms such as FOB, CFR, CIF, etc. are agreed upon, they shall be
interpreted in accordance with the ICC Inco terms currently in effect.
6. Retention of title and other security interests
6.1 Transteel retains title to all goods delivered to the buyer until all Transteel ‘s claims for payment against the Buyer under the business relationship including any future claim under contracts signed simultaneously or later have been satisfied by the Buyer in full. This shall also apply, if either individual claims for payment or all of Transteel’s claims for payment have been included in a current account, and the balance was struck and accepted. In the event the Buyer acts in breach of contract, in particular, there is a delay in payment, Transteel, on demand of payment, shall be entitled to take back the delivered goods and simultaneously declare rescission of the contract. In this event, the Buyer is obligated to return the delivered goods.
6.2 The Buyer is entitled to dispose of the delivered goods in the ordinary course of business, provided and to the extent that the conditions to secure Transteel‘s claims for payment laid down in Clauses 6.3, 6.4, and 6.5 have been fulfilled. Any violation of the obligation contained in the aforementioned sentence gives Transteel the right to terminate the entire business relationship with the Buyer with immediate effect.
6.3 Transteel and the Buyer hereby agree that on conclusion of an individual sales contract between the two parties all claims of the Buyer arising out of the future resale or lease of the delivered goods to a third party or for any other legal reason (insurance, tortuous act, etc.) shall be assigned to Transteel to serve as security for all Transteel’s claims that may arise out of its business relationship with the Buyer. The Buyer shall, however, remain entitled to collect the assigned claims, as long as Transteel has not requested that the assignment be notified to the third party in question. The Buyer may not re-assign any claims that have already been assigned to Transteel. The Buyer is obligated to assign to Transteel the title or any other right to any goods, machinery parts or used machines of any type that the Buyer has accepted in lieu of payment as soon as the Buyer acquires such title or other right. The Buyer must hold the above-mentioned goods in custody for Transteel, take proper care of them, and insure them as appropriate.
6.4 If the security interests provided for in Clauses 6.1, 6.2, and 6.3 have not been legally recognised in the country where the delivered goods are located, or are not fully enforceable, then the Buyer is obligated to notify Transteel immediately to this effect and offer security of equivalent value.
6.5 The Buyer shall process or transform any goods supplied to it by Transteel under retention of title only on behalf of Transteel. In the event the item under retention of title is processed together with other goods not owned by Transteel, Transteel acquires co-ownership of the new item in proportion to the value of the item supplied by Transteel in comparison with the value of the other processed goods. This value is to be determined at the time of processing. In the event that Transteel’s goods are combined with other movable goods to form one composite good, or are blended inseparably with other goods, and if the other goods are regarded as the main item, the Buyer shall assign Transteel a proportionate co-ownership to the item, insofar as the Buyer owns the main item. The Buyer is to keep the goods to which Transteel has ownership or co-ownership in safe custody. The same conditions applicable to the goods under retention of title shall apply to the item after processing or transformation.
6.6 If the value of the securities granted to Transteel under Clauses 6.1 to 6.5 exceeds Transteel’s claims arising out of the business relationship with the Buyer by more than 20%, Transteel shall, at the request of the Buyer, release securities of Transteel’s choice, to the extent that the threshold is exceeded.
6.7 The Buyer must insure the goods to which Transteel has retained title against theft, breakage, fire, water, and other risks ordinarily insured against. Transteel may require the Buyer to prove that a suitable insurance policy has been taken out, and may, if necessary, take out insurance against the above-mentioned risks itself at the expense of the Buyer.
6.8 In case of seizure, attachment or any other intervention by any third party against the goods or claims in which Transteel has a security interest, the Buyer must notify Transteel thereof immediately, and must assist with the enforcement of Transteel rights. To the extent that it is not possible to request the third party in question to reimburse Transteel for court or extra judicial fees, any such costs shall be borne by the Buyer.
6.9 If an application for commencing insolvency proceedings has been filed against the Buyer, Transteel is entitled to rescind the contract with immediate effect and request immediate return of the delivered goods.
6.10 Clauses 6.1, 6.3, and 6.9 shall apply accordingly with regard to the goods, machinery parts and used machines of any type, which may have been accepted by the Buyer in lieu of payment pursuant to Clause 6.3.
7. Limited warranty
7.1 The following warranty rules shall apply to the delivery of new chairs and parts:
7.2 Transteel warrants that the delivered goods are free from manufacturing defects in accordance with current design and technical standards, provided that with respect to any defects, it can be proved that they were introduced through circumstances that occurred before risk passed to the Buyer, in particular due to poor materials or defective workmanship. Any further warranty beyond the above-mentioned conditions is granted only if and to the extent that Transteel has expressly assumed a guarantee for the quality of the delivered goods in the relevant individual sales agreement.
7.3 The Buyer may only assert a warranty claim provided that it first has examined the
delivered goods for the existence of any defects within one week of delivery, and in the event of a defect, it has notified Transteel immediately in writing of the defect. Any defect that could not be detected by a thorough examination within this period shall be notified to Transteel in writing immediately after detection. Delivery within the meaning of the first sentence of this Clause is deemed to be the time at which the delivered goods come under the control of the Buyer or could have come under the Buyer’s control if the Buyer had not been at fault.
7.4 Changes in the design or specifications of goods that were made before delivery as part of general design or production changes at Transteel shall not be deemed to be defects in the delivered goods.
7.5 The warranty against defects in the delivered goods shall comprise the remedy of defects either through repair or replacement at Transtee's option. Transteel receives title to any replaced parts. In the event Transteel fails to remedy the defects in question, the Buyer is entitled to specify a realistic period of time within which Transteel must complete further repairs or replacement. If Transteel once again fails to remedy the defect, then the Buyer may either request a reduction in the purchase price corresponding to the amount by which the value of the delivered goods was reduced due to the defect, or rescind the contract, at the Buyer’s option. In the event of an insubstantial defect, the Buyer is only entitled to a reduction in the purchase price.
7.7 After review of any complaint from the customer, Transteel’s Customer Service Department determines that the claim is valid for free repairs or rectification they will so advice the customer with Return of Goods Authorization (RGA) number. The customer should then deliver or despatch the item to our Bangalore factory or the nearest Dealer indicated by Transteel through our designated carriers. To and fro freight for the same is to be paid by the customer. RGA number should be clearly written on the package as no return with ROG will be accepted by Transteel or its Dealers. When the item is despatched to Transteel it is the customer’s responsibility to pack the same properly to avoid transit damage. Transteel will not be responsible for loss or damage in transit.
7.8 In agreement with Transteel the Buyer shall arrange for Transteel to have sufficient time and opportunity to carry out all repairs or replacements that are required in Transteel judgment. If the Buyer does not do so, Transteel is released from its warranty obligations and any liability arising out of those obligations. The Buyer is only entitled to remedy a defect covered by Transteel warranty by itself or have it remedied by a third party at Transteel expense if this is necessary to avert a dangerous risk to the safety of operations and/ or to avoid a disproportionately high damage. The Buyer must notify Transteel immediately in such an event.
7.9 Transteel warranty does not cover any incidental costs arising from the work required to remedy a defect, including, in particular, freight costs, import costs and customs duties, travel expenses, food and lodging, towing and crane charges, and costs required to assign mechanics and temporary staff.
7.10 Transteel warranty for major components that have not been produced by Transteel is limited to the assignment of its claims against the supplier of such components. In the event that justified warranty claims by the Buyer are not satisfied by the supplier of the components in question, even though the Buyer has taken all reasonable steps to enforce its claims, including the pursuit of legal proceedings, Transteel shall, pursuant to the provisions of this Clause 7, assume secondary responsibility for fulfilment of the warranty. However, such secondary responsibility shall exclude responsibility for any costs incurred by the Buyer in pursuing its legal rights against the supplier of the components in question.
7.11 Transteel is not liable for any damage unless it can be proven that such damage is is a result of Transteel product's fault. This applies in particular, but is not limited to:
* Normal wear and tear;
* Unsuitable or improper use;
* Faulty assembly or putting into service by the Buyer or third parties;
* Faulty or negligent handling;
* Use of unsuitable fuel, oils and lubricants;
* Use of unsuitable replacement materials and parts;
* Chemical, electrochemical, electromagnetic, electrical or similar influences.
Transteel warranty obligations also expire where the delivered goods are not maintained and serviced at the stipulated maintenance intervals by itself, any authorised Transteel dealer, or the Buyer or operator of the product according to Transteel instructions (the operating manual).
7.12 In the event that either the Buyer or any third-party carries out repairs improperly, Transteel is not liable for the consequences arising from this improper repair. The same shall apply to any alterations made to the delivered goods without the prior consent of Transteel
7.13 Transteel may refuse to honour its warranty obligations as long as the Buyer has not fulfilled its contractual obligations.
7.14 The provisions laid down in Clause 7 are the final and exclusive provisions that govern Transteel warranty obligations for delivered goods. Any further claims of the Buyer, in particular for damage other than to the delivered goods themselves, are subject exclusively to the provisions of Clause 8.
7.15 The exclusions and limitations of Transteel’s liability set out in the foregoing provisions shall also apply to exclude and limit the personal liability of Transteel’s directors, share holders, , employees and other staff, as well as their representatives and persons appointed by Transteel to perform its obligations.
7.16. It is the Customer’s responsibility to ensure that the goods are suitable for the purpose to which they are intended to be used. No representation or warranty is given as to the suitability or fitness of the goods for any particular purpose and the Customer shall satisfy itself in this respect and shall be totally responsible therefore
7.17. Except for mandatory laws with respect to liability Transteel shall not under any circumstances be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of profits, revenue or business or any damages whatsoever.
8. Liability for ancillary obligations
8.1 If the Buyer is unable to use the goods in accordance with the contract due to a fault of Transteel by having omitted or provided faulty advice or proposals or due to the violation of other contractual ancillary obligations by Transteel in particular in instructions for the operation and maintenance of the delivered goods, the provisions of Clauses 7 and 8.2 shall apply accordingly, excluding any further claims by the Buyer.
8.2 Transteel only becomes liable for any damage caused to other than the delivered goods themselves, for whatever legal reasons, in the case of:
* Proven wilful intent on the part of Transteel.
* Proven gross negligence by Transteel, its owners, its corporate bodies, the management or senior staff;
* Defects concealed fraudulently by Transteel.
* Defects caused to the delivered goods to the extent that liability for personal or material
* Damage resulting from goods that are used for private purposes is subject to the provisions of the Product Liability Act. In the event of culpable infringement of contractual obligations amounting to a fundamental breach of contract, Transteel is also liable for gross negligence by its employees not belonging to the senior staff. In the event of simple negligence, the aforementioned liability is limited to damage that is reasonably foreseeable and typical for that type of contract. Any further claims are excluded.
9. Statute of limitations
Any claims by the Buyer, submitted for whatever legal reasons, shall become statute-barred after the expiry of 12 months. In the case of intentional or fraudulent conduct and in case of Claims submitted pursuant to the provisions of the Product Liability Act, the statutory limitation terms shall apply.
10. Applicable law, choice of forum, severability clause
10.1 The contractual relationship between Transteel and the Buyer is governed exclusively by the law of the India, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 The sole and exclusive court of jurisdiction for any legal dispute arising from the
Contractual relationship between Transteel and the Buyer shall be the competent court for the head office of Transteel Seating Technologies Private Limited. Transteel shall, however, at its option be entitled to bring an action against the Buyer with the competent court that has general jurisdiction over the Buyer.
10.3 If any or more of the provisions or parts of the provisions contained in these Sales Conditions are or should become invalid for any reason whatsoever; this shall not affect the validity of the remaining provisions thereof. The Buyer and Transteel agree to replace any such invalid provision or part of a provision by a provision reflecting the purpose of this contract to the best extent possible. The same shall apply in the case of any material gap that has not been contemplated within in these Sales Conditions.
11.1. Without prejudice to other provisions in these General Sales Conditions, all complaints shall be lodged with Transteel in writing within seven (7) days after delivery of goods. Any complaint(s) must accurately describe the nature and the grounds for the complaint(s).
11.2. After the expiry of the above terms, the Customer is deemed to have accepted the delivered goods or the invoice as the case may be. Any complaints after the expiry of the above terms, will not be handled by Transteel.
11.3. Pending any investigation to be carried out by Transteel, the Customer shall store the goods or, if Transteel should request, return such goods to Transteel. The goods shall be stored or transported at the Customer’s risk unless agreed otherwise by Transteel in writing.