“Buyer”/”Lessee” shall mean the person or any legal entity who agrees to purchase or lease or buys or leases for a particular period of time the Products by availing the services of Equipment Rentals India
“Contracts” shall mean EPC (Engineering, Procurement, Construction) contracts and such other contracts for carrying out works at a designated site or sites on the terms and conditions contained in the work order and the signed contract agreed to and signed between the owner of the works and his Contractor or between the Contractor and the Sub-contractor.
“Contractor” for the purposes of these Terms and Conditions shall mean persons who offer a Contract on the site for being accepted by a Sub-Contractor and includes the owner of a work if he offers a Contract for being accepted.
“Equipment” shall mean and include heavy equipment, road equipment, construction equipment, mining equipment, tippers cranes, material handling for sale/ purchase/ rent.
“Offerror” shall mean and include Seller, Lessor, Owner, Contractor or any person or entity offering any Product or service on Equipment Rentals India.
“Owner/Principal” means the person who owns the contract or the work and is desirous of outsourcing the same on this portal.
“Product/Products” means and includes any machinery/ Equipments/ assets/ vehicles/ goods/ Contracts/ tenders/ products/ services/ offers/ display items that are uploaded/ showcased/ displayed on Equipment Rentals India and the related description, information, procedure, processes, warranties, delivery schedules, etc.
“Seller” /”Lessor” shall mean the person or any legal entity which offers for sale, sells or, as the case may be, offers for lease, leases the Products on Equipment Rentals India.
“Sub-Contractors” means Users who are interested in taking a Contract offered by the Owner, a Contractor, on Equipment Rentals India for execution
“Equipment Rentals India” means the online platform for buying, selling and leasing of used equipments and subcontracting of contracts and the Products/Services offered therein on the website www.equipmentrentalsindia.com by Equipment Rentals India and its affiliates to the Users and references to Equipment Rentals India shall, where the context requires, mean and include a reference to Equipment Rentals India.
“We” Equipment Rentals India, a Company incorporated under the Companies Act, 1956 and registered with the Reserve Bank of India as a Non-Deposit Accepting Non-Banking Financial Company having its Registered Office at One Forbes, Dr. V.B. Gandhi Marg, Fort, Mumbai – 400 001.
“You” or “User” means any person accessing or using the website or any of its services or features;
“Website” shall mean the website www.equipmentrentalsindia.com.
Whenever you access or avail the services of Equipment Rentals India, view or update your account/profile, make transactions etc., or visit or purchase from any business affiliated with Equipment Rentals India, you will be bound by these guidelines and conditions, regardless of whether or not it is included in the www.equipmentrentalsindia.com website. These terms and condition prevail over the previous representations, understandings or agreements and the said terms and conditions shall supersede regardless of any other terms of any order placed, or services provided by Equipment Rentals India.
A printed version of these terms and conditions and of any notice given in electronic form shall be admissible as evidence in judicial or administrative proceedings based upon or relating to this agreement between us to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The User must be aged 18 years or above to use this Website; by creating an account you warrant to us that you are aged 18 years or older.
All the information about Products/services displayed on www.equipmentrentalsindia.com constitutes an “Invitation to offer”. Any Offer for purchase of the said Products or services in the Website constitutes an “offer” made by you on Equipment Rentals India which is displaying the Products or services at the instance of the Offeror. Equipment Rentals India and/or the Offeror reserve the right to “accept” or “reject” your offer.
Your quotation on the Product only means that you are making an offer to the Offeror to buy/hire the listed Product or perform and execute the Contract, as the case may be and the Offeror at his/her/its own discretion may choose not to accept your offer. A quotation does not entitle you to have a first right to buy /hire the Product or to have the Contract given to you. The final decision for selling/leasing of any Product or granting any Contract is at the sole discretion of the Offeror and/or Equipment Rentals India as the case may be. You also agree and acknowledge that unless expressly specified by the Offeror, the Product is listed on “as is where is basis”. By making a quotation on a Product you agree to be bound by the conditions of sale included in the Products / listing description (or linked to from the description) so long as those conditions of sale are not in violation of these Terms and Conditions or are unlawful. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions. You also agree that any quotation you place on a Product listed on the Website is legally binding on you and that if you are an interested Buyer/Lessee/Contractor/Sub-Contractor in any Product and the Offeror has accepted your offer, you will fulfill your commitment by paying for the Product/taking the Product on lease/performing and executing the Contract, as the case may be and taking delivery within the timeframe set by the Offeror.
Equipment Rentals India is just an aggregator platform offered by Equipment Rentals India for extending various infrastructure related services to various stakeholders in this sector and under no circumstances do we undertake or commit any kind of assured / guaranteed output from usage of this platform to anyone. The Products listed on the Website are the sole property of its Offerors who have agreed to list their Products on Equipment Rentals India. The specifications / conditions of the Products are as shared by respective owners and Equipment Rentals India does not assume any liability or responsibility for the same in any manner.
The User agrees to provide true, accurate, current and complete information about himself/herself/itself / as prompted on www.equipmentrentalsindia.com (such information being the “User Data” and maintain and promptly update the User Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Equipment Rentals India has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Equipment Rentals India has the right to indefinitely suspend or terminate the registration of the User and refuse to provide the User with access to the Website. Equipment Rentals India also reserves all rights available to it in law or equity with regard to this.
ERI does not charge any fee for browsing on the Website. ERI, however, charges Service Charge from each of the Offerors and the Buyers/Sub-Contractors, as the case may be for providing the Products/services and for facilitating the transaction at their instance. Before the User lists for sale through the Website, the User is requested to review the Fees which are hereby incorporated by reference into this agreement. However ERI reserves the right to change the fees and charges from time to time without prior notice.
The User shall be responsible for paying all fees associated with the use of the Website and agrees to bear any and all applicable taxes, charges etc. levied thereon. ERI reserves the right to issue a warning, temporarily /indefinitely suspend or terminate the registration/membership, withhold the delivery of the Product and refuse to provide the User with access to the Website in case of non-payment of fees by the User to ERI. ERI also reserves the right to take legal action in case of non-payment of fees by the User to ERI.
The Website is only a venue for facilitating transactions between Sellers and Buyers and to facilitate Contractors/Sub-Contractors entering into agreements they find suitable. Except where ERI is also a Seller ERI is not and shall not be deemed to be a party to any such transactions or responsible or liable in any manner for the terms of agreement between such Users or the transactions they enter into or the acts or deeds done by them. Without limiting the generality of the foregoing, (i) ERI shall not be responsible for any non-performance or breach of any transaction or contract entered into between Users (ii) ERI cannot and does not guarantee that the concerned Users will perform any transaction/ contract facilitated by Equipment Rentals India . (iii) ERI does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the Products or services proposed to be sold or purchased or offered or availed on the Website.
ERI shall not and is not required to mediate or resolve any dispute or disagreement between Users. ERI does not implicitly or explicitly support or endorse the sale or purchase of any Products or services or endorse any contracts displayed on the Website (except where ERI is the Seller). ERI accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
ERI does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. The Users are advised to independently verify the bona fides of any particular User that the User chooses to deal with and use his/her/its best judgment in that regard. The Website is a channel of communication whereby the Users can reach a larger base to buy and sell Products/services/accept/offer contracts. ERI is only providing a platform for communication and it is agreed that the transaction/contract for sale of any of the Products or services or any Contracts entered into shall be a strictly bipartite contract between the Seller and the Buyer, the Owner and the Contractor or the Contractor and Sub-Contractor, as the case may be. At no time shall any right, title or interest over the Products vest with ERI nor shall ERI have any obligations or liabilities in respect of such Products or the contracts/transactions entered into in respect thereof. ERI is not responsible for unsatisfactory or delayed performance of Products or services or damages or delays as a result of Products which are out of stock or otherwise unavailable or any delays or deficiencies or breaches in performance or execution of the Contracts. All Products are offered only for a restricted time and only for the available supply. (e) The User shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that the User transacts with.
The User releases and indemnifies ERI and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waives any claims that the User may have in this behalf under any applicable law. The User agrees to indemnify ERI against any damages, losses, costs, claims or expenses incurred by ERI towards a third party or otherwise arising out of or in connection with the Users access or use of the Website or availing any of the Products or services offered by it.
Equipment Rentals India takes no responsibility of the quality, quantity, documentation details of Buyers/Offerors/ Contractors/Sub-Contractors. The Buyers, Sellers and Sub-Contractors agree to defend indemnity and hold harmless Equipment Rentals India from any loss, damage, cost and expenses caused by any reason during this transaction. In no event shall Equipment Rentals India be liable for any loss for the Users in respect of business, revenues, profit, costs direct and incidental, consequential or punitive damages or any claim. The Buyers, Sellers and Sub-Contractors agree and understand that Equipment Rentals India has provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws,regulations, to be followed from time to time . Since Equipment Rentals India does not possess knowledge base of the commodities under transaction the Buyers, Offerors, Contractors and Sub-Contractors agree that the matter contained in the materials as a part or as a whole does not violate any applicable law.
BUYING: ERI strongly advises the Users not to test the Website with false requests. Willfully entering erroneous or fictitious purchase requests may result in prosecution by ERI.
SELLING: As an offeror, the User certifies that all information provided by the User against his/her/its listed Products is true. Inpidual Offerors can list Product (s) at a time and needs to make ERI aware of its status of the Products from time to time. The User must be legally able to sell/lease the asset or offer the Contract, as the case may be, which the User lists on the Website. Listings may only include text descriptions, graphics and pictures that describe the Users Products. All listed Products must be listed in an appropriate category on the Website. Soliciting business offline or outside the Website, by indicating the Users contact details (e.g. contact phone number, address or e-mail ID) in the Product listing or elsewhere on the Website other than in the forms prescribed for the purpose is expressly prohibited and would be considered as a breach of the User Agreement. All listed Equipments must be kept in stock for successful fulfillment of sales. Similarly, all Contracts offered must be valid and subsisting. The listing description of the Equipments must not be misleading and must describe actual condition of the Equipments. If the description of the Product does not match the actual condition of the Product, the User agrees to refund any amounts that the User may have received from the Buyer. Once the Seller has uploaded the details of any Products on the Website, the Seller shall not tamper with the Products, equipments, mainframe, engine, critical components, etc.
CONTRACTING: The Offeror should be legally in a position to offer the Contracts and outsource the jobs under the Contract and should not be prohibited either by any applicable law or as per the terms of any contract or by any other restriction from offering such Contract. Wherever required, the Offeror should ensure to procure necessary permissions, licenses, clearances including any government clearance, clearance from any authority including clearances for land, environmental, site preparation etc. as may be applicable or required. The Offeror should set out the payment terms and dispute resolution mechanisms clearly on the Website while offering the Contract. Any tax implications/ liabilities with respect to the Contract should be clearly specified.
The User shall be responsible for understanding the details of the Products listed on the Website and procuring such information as he/she/it may require. ERI shall not be responsible in any manner if any of the commitments (including time, payment) made by a User are not honoured by such User. It is clarified that ERI does not conduct any background check or verification of the Users who put up Products for display on the Wesbite.
This Website is created and controlled by ERI. The laws of India shall apply and the Courts of Mumbai only shall have appropriate jurisdiction in respect of all the terms, conditions, disputes and disclaimer. Further ERI reserves the right to make changes to the Website and the terms, conditions and disclaimers at any time which shall be binding on the User. The changes shall be updated on the Website which the User should check regularly.
When the User visits www.tatacapitalmart.com or sends e-mails to ERI or gives ERI the Users feedback, the User is communicating with ERI electronically. The User consents to receive communications from ERI electronically. ERI will communicate with the User by e-mail or by posting notices on this website. The User agrees that all agreements, notices, disclosures and other communications that ERI provides to the User electronically satisfy any legal requirement that the communications be in writing.
This Website may include hyperlinks to sites operated by other parties but ERI is not responsible for examining or evaluating them and their inclusion does not imply endorsement by ERI of their material. You therefore agree that ERI will not incur any liability in respect of the content of any Website accessed through a hyperlink contained on the Website.
Any claim or liability arising out of uploading any obscene, pornographic images, photograph or any vulgar material posted, pedophiles or a pornographic picture or altering or distorting the images available on the Website in an obscene, vulgar, pedophiles or pornographic manner are hereby expressly disclaimed by ERI.
ERI does not hold any responsibility for any damages suffered by the Users, by reason of availing the Products or services on this Website. This limited liability, without any limitation extends to any loss of data/revenue resulting from delays, missed or mis-directed deliveries, non-deliveries, or service interruptions that take place due to any act/omission of the User. The disclaimer of liability also extends to any injury or damage caused by any error, defect, omission, interruption, delay in operation or transmission, failure of performance, deletion, computer virus, theft or destruction, communication line failure or unauthorized access to, alteration of, or use of record, tortuous behavior, negligence, whether for breach of contract or under any other cause of action, unless done intentionally or deliberately by ERI. ERI does not warrant that this Website, its servers, or e-mail or other communication sent by ERI or from the Website are free from viruses or other harmful components. ERI, its affiliates, employees, agents, consultants, contracted companies are in no way liable for any kind of damages arising from the use of the Website, including but not limited to direct, indirect, incidental, punitive and consequential damages.
Although Equipment Rentals India ensures reasonable efforts to maintain confidentiality, ERI does not represent or warrant maintaining the confidentiality of information. It is deemed that the User agrees and acknowledges that the User shall be solely responsible for Users conduct and that ERI reserves right to terminate or suspend the rights of the User to use the services immediately, notwithstanding the provisions under the Indian cyber laws or any other related laws enacted by the Government of India or any other statutory, bye-laws, legislative or regulatory authority authorized in this regard from time to time and the User shall be deemed to have waived his/her/its rights there under.
ERI shall not be liable for any delay/non-delivery of purchased Products by the (Seller, manufacturers, dealers), due to flood, fire, wars, act of God or any such other cause.
Trademark: The logos/images of ERI and/or its group companies on the home page of the website & other pages and as used in the communication to the User is registered by ERI and/or its group companies and cannot be used or communicated or distributed without the specific and written permission.
License and Website Access: A limited license is granted by ERI to the Users for accessing and for personal use of the Website and not to download or modify any portion of the Website, other than the page catching, except with prior written consent given by ERI for the same. However this limited license is not extended to any resale or commercial use of this Website or its contents; any collection and use of any product, catalogues, listings, description or prices, any downloading or copying of commercial or financial information for the benefit of the competitors of ERI or its group companies or otherwise or any derivative use of this Website or its contents or any use of technical tools to extract or copy the information available on www.equipmentrentalsindia.com. Except with the prior-written consent of Equipment Rentals India, none of the material or information provided in the Website should be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Further any unauthorized use of the information provided on the Website will automatically terminate the permission or license granted to the User and Equipment Rentals India may take such action as it may deem appropriate in this regard.
The content of the Website (such as text, graphics, logos, button icons, images, digital downloads, data compilations and software) are, unless specifically stated otherwise, protected by copyright, and other intellectual property rights. They may not be reproduced other than by downloading and viewing on a single CPU and/or printing a single hard copy, for private or internal business purposes only. They are not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without ERI prior written consent.
The trade marks, logos and service marks shown on the Website, unless otherwise specified, are the trade marks of ERI, its affiliates or clients. No rights are granted to use any of them without ERI express prior written consent.
Any infringement of ERI rights or the rights of its affiliates or clients will result in appropriate legal action.
Any framing of this Website is prohibited. ERI does not accept any responsibility or liability for access to or the material on any site which is linked from or to this Website.
The User is responsible for maintaining the confidentiality of his/her/its account and password with Www.equipmentrentalsindia.com. Further access must be restricted to the User account and the User agrees to accept responsibility for all the activities that occur through his/her/its account or password. ERI invites suggestions, comments, ideas, questions or any other queries or information from the visitors by posting their feedback. These reviews are acceptable by ERI as long as they do not contain obscene defamatory or illegal material or threatening content or content which may invade privacy, the content which infringes intellectual property rights or objectionable content or the content which may contain software viruses, commercial solicitation, mass mailings, chain-letters or any kind of “spam” or the content which may otherwise prove to be injurious to third parties. The Users of www.equipmentrentalsindia.com are expected to use only genuine e-mail address. Further they are not expected to impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. If any such above mentioned illegal content is noticed by Equipment Rentals India at any point of time, ERI reserves the right to remove or edit such content. It must be noticed that such right of www.equipmentrentalsindia.com ; not being an obligation, the review of the content posted is not done on regular basis. ERI does not take any responsibility and assumes no liability for any content posted by the User or any third party. Certain listings equiment and contract may not be verified by Equipment Rentals India ; and we do not accept responsibility as such.
Non-Compliance with Agreement: ERI may at its sole discretion limit the User activity by immediately removing User listing either temporarily or absolutely suspend or terminate User membership or refuse to provide access to the site, if the User breaches any of the terms and conditions of this Agreement Any harm, damage or loss caused to the Website or the rest of the Users due to the wrongful, incomplete, concealed or inaccurate information provided by any specific User, he shall be liable for appropriate legal action under civil, criminal law and simultaneously, the said defaulting- User would also be liable for injunctive relief.
Fraudulent /Declined Transactions: ERI reserves the right to recover the cost of Products, collection charges and lawyers” fees and all other costs, expenses, losses, claims and damages from persons using the Website fraudulently. ERI reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts of omissions in breach of these terms and conditions.
Termination: This User Agreement is effective unless and until terminated by either you or Equipment Rentals India. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website. Equipment Rentals India may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to Equipment Rentals India. Upon any termination of the User Agreement by either you or Equipment Rentals India, you must prom- ptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Equipment Rentals India right to any contents or information posted by you or received from you shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Product/perform the Contract already ordered/procured from the Website or affect any liability that may have arisen under the User Agreement.
Product Description: ERI and its affiliates attempt to be as accurate as possible. However, ERI does not warrant that Product descriptions or other content or prices/amounts of this Website is accurate, complete, reliable, current, or error-free. It is the Users responsibility to duly inspect the product and ascertain and satisfy himself/herself/itself as to its quality and features whatsoever.
Advertising Material: Part of the Website contains advertising and other material submitted to ERI by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable international and national law is exclusively on the advertisers. ERI will not be responsible for any claim, error, omission or inaccuracy in advertising material. ERI reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to ERI terms and conditions which are available on request.
Entire Agreement: These terms supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. In the event that any potion or part of this agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such section shall be null and void with respect to the jurisdiction of that court or tribunal. Rest of the provisions hereof shall remain in full force and effect.
Arbitration: If any dispute arises between the User and ERI during your use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, terms and Conditions or the documents incorporated by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by ERI. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, of India shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law: This Agreement or the documents incorporated by reference shall be governed and construed in accordance with the laws of India. This document is an electronic record within the ambit of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.