The terms that apply to every quotation, proforma invoice, invoice and delivery order issued by Infinity Ex.
These terms apply to all international (non-India) sales, which are transacted from Hong Kong.
SAFETY WARNING: Do not charge the device in or near hazardous, explosive, or potentially flammable environments. Charging must only be performed in designated safe zones, away from classified hazardous areas (Zone 0, 1, 2 / Zone 20, 21, 22). Use only manufacturer-approved chargers and accessories.
1.1) Product Use Disclaimer: Mobile phones are designed for hazardous environments. Buyer must ensure proper use as per applicable safety standards and regulations in the country of use.
1.2) Product Certification: Product complies with ATEX explosion-proof standards. Buyer must ensure compliance with all applicable regulatory requirements in the country of deployment before deployment.
1.3) No Modifications Allowed: Any modification, opening, or tampering with the device will void the warranty and all applicable certifications.
2.1) Warranty Terms: Product warranty: 12 months from invoice date. Battery warranty: 6 months. Warranty covers only manufacturing defects under normal use. Warranty is NOT valid in case of physical damage, drop, impact, breakage; misuse, negligence, improper handling; unauthorized repair or service; exposure to water, chemicals, fire, extreme conditions; improper charging or voltage fluctuation; use of non-approved accessories; normal wear and tear; or opening, tampering, or modification. In all such cases, warranty will be void.
2.2) After-Sales Service: Original invoice is mandatory for all warranty and service claims. Device must be submitted to an authorized service center. All courier, transportation, and handling charges (both ways) to be borne by the customer. The Seller assumes no liability for device downtime while a unit is undergoing warranty evaluation.
3.1) No Return / No Replacement: All sales are final. No return, exchange, or replacement under any circumstances.
3.2) Delivery and Instantaneous Transfer of Risk: Delivery is executed Ex-Works (EXW) or FCA (Incoterms 2020) at the Seller's facility, unless otherwise specified in writing. All risk of loss, physical degradation, theft, or transit delay transfers instantaneously to the Buyer the moment the goods are handed over to the designated transporter, courier, or Buyer representative. The Seller is completely absolved of liability for transit incidents.
3.3) Total Exemption from Operational Misuse Liability: To the fullest extent permitted under applicable law, the Seller is fully exempt from, and shall not be held liable for, any physical property damage, environmental contamination, corporate asset loss, personal injury, or loss of life resulting directly or indirectly from improper device operation, site deployment errors, or a failure to adhere to the safety warnings outlined herein.
4.1) Governing Law & Dispute Resolution: This Agreement, and any non-contractual obligations arising out of or in connection with it, are governed by the laws of the Hong Kong Special Administrative Region, including the Sale of Goods Ordinance (Cap. 26). Any dispute, controversy or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The award is final and binding on the parties. Subject to the foregoing, the courts of Hong Kong have exclusive jurisdiction over any matter relating to the arbitration or the enforcement of an award.
4.2) Liquidated Damages & Financial Exclusions (The Indemnity): Under no circumstances shall the Seller be liable to the Buyer, its subcontractors, or the ultimate project owner for any indirect, incidental, special, punitive, exemplary, or consequential damages. This exclusion explicitly bars claims for loss of corporate profits, project revenue shortfalls, labour idle time, facilities downtime, or any liquidated damages (LDs), back-charges, or financial penalties imposed upon the contractor by their clients or any authorities.
4.3) Aggregate Liability Cap: The Seller's total, cumulative financial liability for any valid, proven claim arising out of this transaction — whether rooted in contract, tort, strict liability, or breach of warranty — shall be strictly capped at one hundred percent (100%) of the net value paid on the specific invoice giving rise to the claim.
4.4) Buyer's Responsibility for End-Use Compliance: The Buyer is solely responsible for ensuring that purchased products are used in compliance with all applicable laws, safety standards, and hazardous area classifications in the country and region of deployment. The Seller shall not be held liable for any regulatory non-compliance by the Buyer or end-user.
5.1) Force Majeure: The Seller shall not be liable for any delay, non-performance, or failure to deliver goods or services arising from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters (floods, earthquakes, storms), epidemics or pandemics, war, armed conflict, civil unrest or riots, acts of terrorism, government orders, sanctions, trade embargoes, import/export restrictions, port closures, carrier disruptions, strikes or labor disputes, fire, explosion, or any other force majeure event. In such circumstances, the Seller's obligations shall be suspended for the duration of the event without any liability to the Buyer.
5.2) Payment Terms: Full payment is due prior to dispatch unless otherwise agreed in writing. Seller reserves the right to withhold delivery until full payment is confirmed. Accepted payment methods include bank transfers and approved instruments. Dishonoured payments will attract applicable bank charges and legal costs.
5.3) Intellectual Property: All trademarks, certifications, firmware, software, documentation, and branding associated with the product remain the exclusive property of the Seller or respective licensors. Buyer is granted a non-exclusive, non-transferable right to use the product only. Reproduction, reverse engineering, or redistribution of any proprietary content is strictly prohibited.
5.4) Confidentiality: Any pricing, technical specifications, product roadmaps, or business information shared by the Seller shall be treated as strictly confidential and shall not be disclosed to third parties without prior written consent.
5.5) Severability: If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable. The remaining provisions shall continue in full force and effect.
5.6) Entire Agreement: These Terms & Conditions, together with the invoice and any written agreement between the parties, constitute the entire agreement and supersede all prior representations, negotiations, or understandings, whether oral or written.
The Buyer is deemed to have read, understood, and agreed to be bound by these General Terms & Conditions of Sale upon acceptance of the Seller’s Quotation, and they shall continue to apply to the resulting Proforma Invoice, Invoice, and Delivery Order.
These terms apply to all sales made in India.
SAFETY WARNING: Do not charge the device in or near hazardous, explosive, or potentially flammable environments. Charging must only be performed in designated safe zones, away from classified hazardous areas (Zone 0, 1, 2 / Zone 20, 21, 22). Use only manufacturer-approved chargers and accessories.
1.1) Product Use Disclaimer: Mobile phones are designed for hazardous environments. Buyer must ensure proper use as per applicable safety standards and regulations in India.
1.2) Product Certification: Product complies with ATEX explosion-proof standards. Buyer must ensure compliance with all applicable Indian regulations.
1.3) No Modifications Allowed: Any modification, opening, or tampering with the device will void the warranty and all applicable certifications.
2.1) Warranty Terms: Product warranty: 12 months from invoice date. Battery warranty: 6 months. Warranty covers only manufacturing defects under normal use. Warranty is NOT valid in case of physical damage, drop, impact, breakage; misuse, negligence, improper handling; unauthorized repair or service; exposure to water, chemicals, fire, extreme conditions; improper charging or voltage fluctuation; use of non-approved accessories; normal wear and tear; or opening, tampering, or modification. In all such cases, warranty will be void.
2.2) After-Sales Service: Original invoice is mandatory for all warranty and service claims. Device must be submitted to an authorized service center. All courier, transportation, and handling charges (both ways) to be borne by the customer. The Seller assumes no liability for device downtime while a unit is undergoing warranty evaluation.
3.1) No Return / No Replacement: All sales are final. No return, exchange, or replacement under any circumstances.
3.2) Delivery and Instantaneous Transfer of Risk: Delivery is executed Ex-Works (EXW) or FCA (Incoterms 2020) at the Seller's facility, unless otherwise specified in writing. All risk of loss, physical degradation, theft, or transit delay transfers instantaneously to the Buyer the moment the goods are handed over to the designated transporter, courier, or Buyer representative. The Seller is completely absolved of liability for transit incidents.
3.3) Total Exemption from Operational Misuse Liability: To the fullest extent permitted under applicable law, the Seller is fully exempt from, and shall not be held liable for, any physical property damage, environmental contamination, corporate asset loss, personal injury, or loss of life resulting directly or indirectly from improper device operation, site deployment errors, or a failure to adhere to the safety warnings outlined herein.
4.1) Governing Law, Jurisdiction & Dispute Resolution: This Agreement is governed by the Indian Contract Act, 1872 and the Sale of Goods Act, 1930. Any dispute shall first be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Mumbai; subject thereto, the courts at Mumbai, India shall have exclusive jurisdiction.
4.2) GST, Tax & Consumer Protection: GST is chargeable as per the Central Goods and Services Tax Act, 2017 and corresponding State/Integrated GST legislation; the Buyer must provide correct GSTIN details at the time of order. Nothing herein limits the Buyer's statutory rights, where applicable, under the Consumer Protection Act, 2019 and the Legal Metrology Act, 2009.
4.3) Liquidated Damages & Financial Exclusions (The Indemnity): Under no circumstances shall the Seller be liable to the Buyer, its subcontractors, or the ultimate project owner for any indirect, incidental, special, punitive, exemplary, or consequential damages. This exclusion explicitly bars claims for loss of corporate profits, project revenue shortfalls, labour idle time, facilities downtime, or any liquidated damages (LDs), back-charges, or financial penalties imposed upon the contractor by their clients or Indian authorities.
4.4) Aggregate Liability Cap: The Seller's total, cumulative financial liability for any valid, proven claim arising out of this transaction — whether rooted in contract, tort, strict liability, or breach of warranty — shall be strictly capped at one hundred percent (100%) of the net value paid on the specific invoice giving rise to the claim.
4.5) Buyer's Responsibility for End-Use Compliance: The Buyer is solely responsible for ensuring that purchased products are used in compliance with all applicable laws, safety standards, and hazardous area classifications in India and at the site of deployment. The Seller shall not be held liable for any regulatory non-compliance by the Buyer or end-user.
5.1) Force Majeure: The Seller shall not be liable for any delay, non-performance, or failure to deliver goods or services arising from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters (floods, earthquakes, storms), epidemics or pandemics, war, armed conflict, civil unrest or riots, acts of terrorism, government orders, sanctions, trade embargoes, import/export restrictions, port closures, carrier disruptions, strikes or labor disputes, fire, explosion, or any other force majeure event. In such circumstances, the Seller's obligations shall be suspended for the duration of the event without any liability to the Buyer.
5.2) Payment Terms: Full payment is due prior to dispatch unless otherwise agreed in writing. Seller reserves the right to withhold delivery until full payment is confirmed. Cheques, demand drafts, or bank transfers are accepted. Dishonoured payments will attract applicable bank charges and legal costs.
5.3) Intellectual Property: All trademarks, certifications, firmware, software, documentation, and branding associated with the product remain the exclusive property of the Seller or respective licensors. Buyer is granted a non-exclusive, non-transferable right to use the product only. Reproduction, reverse engineering, or redistribution of any proprietary content is strictly prohibited.
5.4) Confidentiality: Any pricing, technical specifications, product roadmaps, or business information shared by the Seller shall be treated as strictly confidential and shall not be disclosed to third parties without prior written consent.
5.5) Severability: If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable. The remaining provisions shall continue in full force and effect.
5.6) Entire Agreement: These Terms & Conditions, together with the invoice and any written agreement between the parties, constitute the entire agreement and supersede all prior representations, negotiations, or understandings, whether oral or written.
The Buyer is deemed to have read, understood, and agreed to be bound by these General Terms & Conditions of Sale upon acceptance of the Seller’s Quotation, and they shall continue to apply to the resulting Proforma Invoice, Invoice, and Delivery Order.