TERMS AND CONDITIONS OF SALE & SUPPLY

(ISO 9001:2015 – QMS Aligned)

Organization: Excel Hydro Pneumatics Pvt. Ltd.
Address: 49, First Floor, Raja Industrial Estate,
Mulund (West), Mumbai – 400080, Maharashtra, India.

Scope & Application

(ISO 9001:2015 – Clause 4.3, 8.2)

These Terms and Conditions define the requirements governing the design, manufacture, testing, inspection, sale, and supply of instrumentation valves, fittings, tubing, manifolds, and accessories (“Products”) by Excel Hydro Pneumatics Pvt. Ltd. (“Seller”) to its customers (“Buyer”).

These conditions apply unless superseded by a formally approved written agreement.

Customer Requirements & Contract Review

(Clause 8.2 – Requirements for Products and Services)

All orders are subject to formal contract review to ensure:

  • Product specifications are clearly defined
  • Applicable statutory and regulatory requirements are identified
  • Delivery, inspection, and acceptance criteria are agreed

Orders shall be binding only upon written order confirmation by the Seller.

Design & Development Control

(Clause 8.3 – Design and Development of Products and Services)

Where design and engineering activities are included:

  • Design inputs shall be based on Buyer-provided technical data and applicable standards
  • Design outputs shall meet functional, safety, and performance requirements
  • Design verification and validation shall be carried out as applicable
  • Seller is not liable for failures arising from incorrect or incomplete design inputs provided by the Buyer

All design records are maintained as documented information under the QMS.

Change Management

(Clause 8.5.6 – Control of Changes)

Any change in specification, scope, material, or delivery after order confirmation shall:

  • Be reviewed for feasibility and risk
  • Be formally approved by both parties
  • May result in revision of price, lead time, or technical documentation

Pricing & Commercial Terms

(Clause 8.1 – Operational Planning and Control)

Prices quoted are exclusive of GST, duties, freight, insurance, and other statutory charges unless explicitly stated.
Any variation in statutory taxes or regulatory levies shall be charged to the Buyer.

Production & Process Control

(Clause 8.5 – Production and Service Provision)

Products are manufactured under controlled conditions, including:

  • Qualified personnel
  • Approved materials and suppliers
  • Calibrated inspection and measuring equipment
  • Documented work instructions and quality plans

Traceability shall be maintained where specified or contractually required.

Inspection, Testing & Acceptance

(Clause 8.6 – Release of Products and Services)

  • Products undergo inspection and testing as per approved procedures
  • Test certificates shall be provided where specified
  • Third-party inspection, if required, must be agreed at order stage and shall be at Buyer’s cost
  • Release of goods shall constitute acceptance unless otherwise stated

Delivery & Preservation

(Clause 8.5.4 & 8.5.5 – Preservation and Post-Delivery Activities)

  • Delivery schedules are indicative and subject to manufacturing and supply conditions
  • Products shall be preserved, packed, and identified to prevent damage or deterioration
  • Risk transfers to Buyer upon dispatch unless otherwise agreed

Nonconforming Products

(Clause 8.7 – Control of Nonconforming Outputs)

In case of nonconforming products:

  • Products shall be identified and segregated
  • Corrective action shall be initiated as applicable
  • Disposition may include repair, replacement, or rejection as per mutual agreement

No returns shall be accepted without prior written authorization.

Warranty

(Clause 8.5.5 & 10.2 – Improvement)

  • Warranty period: 18 months from dispatch or 12 months from commissioning, whichever is earlier
  • Warranty covers manufacturing defects only
  • Excludes misuse, improper installation, unauthorized modification, or operation beyond rated limits
  • Seller’s obligation is limited to repair or replacement at Seller’s discretion

Customer Feedback & Complaints

(Clause 9.1.2 – Customer Satisfaction)

Customer complaints shall be:

  • Recorded and investigated
  • Addressed through corrective action where required
  • Used as input for continual improvement of the QMS

Risk-Based Thinking & Liability

(Clause 6.1 – Actions to Address Risks and Opportunities)

Seller applies risk-based controls in design, manufacturing, and supply.
Seller shall not be liable for indirect, incidental, or consequential damages.
Total liability shall not exceed the value of the supplied products under the respective order.

Documented Information

(Clause 7.5 – Documented Information)

All drawings, specifications, procedures, and records remain the property of the Seller unless otherwise agreed and shall be:

  • Controlled
  • Protected from unauthorized use
  • Retained as per QMS retention policy

Confidentiality & Intellectual Property

(Clause 7.1.6 – Organizational Knowledge)

All technical, commercial, and proprietary information exchanged shall remain confidential and shall not be disclosed without prior written consent.

Force Majeure

(Clause 8.4 & 8.1)

Seller shall not be held responsible for delays or failures due to events beyond reasonable control, including natural disasters, regulatory actions, labor disputes, or supply chain disruptions.

Cancellation of Orders

(Clause 8.2.4)

Order cancellations after confirmation are subject to:

  • Recovery of incurred costs
  • Cancellation charges
  • No cancellation permitted for custom-designed or made-to-order products
Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of India.
Jurisdiction: Courts of Mumbai, Maharashtra.

Continual Improvement

(Clause 10.3 – Continual Improvement)

Seller commits to continual improvement of its Quality Management System to enhance customer satisfaction, product conformity, and operational effectiveness.