Terms & Conditions

1 Corporate Identity & Contractual Acceptance

These General Terms and Conditions govern all commercial quotations, technical estimates, engineering drawings, supply contracts, and product sales executed by MOBY ELECTROTECH PVT. LTD. (CIN: U29190WB2001PTC094070), an Indian corporate entity incorporated under the Companies Act, having its registered office at 300 Roy Bahadur Road, Kolkata 700053, West Bengal (hereinafter referred to as “MEPL” or “Seller”).

Accessing this website, submitting Requests for Quotation (RFQs), issuing Purchase Orders, or taking delivery of electrical apparatus constitutes full, unconditional acceptance of these terms by the purchaser, contractor, consultant, or client entity (hereinafter referred to as “Buyer”). Any contrasting or deviating terms submitted in buyer purchase documentation shall have no legal force unless expressly signed by an authorized Director of MEPL.

2 Technical Quotations, Validity & Metal Price Variation

Unless otherwise specified in writing:

• All official price quotations and technical proposals issued by MEPL remain valid for a duration of 30 calendar days from the date of issue.
• Because switchgears, busbars, and transformers rely on volatile base commodities (specifically electrolytic grade ETP copper, EC grade aluminium, and Cold Rolled Grain Oriented [CRGO] electrical steel), quotations are subject to revision or IEEMA (Indian Electrical and Electronics Manufacturers' Association) price escalation formulas if order confirmation is delayed beyond the validity window.
• Clerical, arithmetical, or typographical errors occurring in quotations, datasheets, or proforma invoices remain subject to immediate rectification without penalty.

3 Purchase Orders, Order Confirmation & Engineering Freeze

A binding commercial agreement comes into force only upon written issuance of an official Order Acceptance / Confirmation of Order by MEPL following receipt of:

• A signed, unambiguous Purchase Order referencing our valid quotation number.
• Mutual sign-off on General Arrangement (GA) drawings, Single-Line Diagrams (SLDs), and Bill of Materials (BOM).
• Receipt of the stipulated contractual mobilization advance payment.

4 Engineering Standards, Manufacturing Tolerances & Testing

All switchboards, vacuum circuit breakers, transformers, and electrical panels are designed, manufactured, and routine-tested strictly in accordance with applicable Indian Standards (IS) and International Electrotechnical Commission (IEC) standards:

• HT Vacuum Circuit Breakers: Built to IS 13118 and IEC 62271-100.
• Load Break Switches: Built to IS 9920 and IEC 60265-1.
• Distribution Transformers: Compliant with IS 2026, IS 1180 (Part-1), and BEE energy efficiency guidelines. Standard tolerances on transformer losses, impedance voltage, and no-load losses as codified in IS 2026 shall apply.
• LT Switchgears & APFC Panels: Built to IS 8623 / IEC 61439 Form 3b/4.
• Routine Testing: Every serial-numbered unit undergoes mandatory in-house Factory Acceptance Testing (FAT) covering dielectric withstand, insulation resistance, contact resistance, and functional sequence verification prior to shipment.

5 Prices, Taxes, Invoicing & Payment Schedules

Prices quoted are on an Ex-Works Kolkata basis unless specifically stated as FOR Destination in the formal contract.

• Taxes & Statutory Levies: Goods and Services Tax (GST) at applicable rates (typically 18%), freight forwarding, transit insurance, entry permits, and local state municipal levies are charged extra at actual statutory rates prevailing at the date of dispatch.
• Standard Payment Milestone Terms:
  1. 30% mobilization advance along with formal Purchase Order.
  2. 60% against Proforma Invoice and inspection clearance, prior to dispatch of consignment from our works (or via 100% confirmed Irrevocable Letter of Credit at Sight).
  3. 10% balance within 30 days against submission of Performance Bank Guarantee (PBG), or as agreed in formal tender specifications.
• Default Interest: Overdue commercial invoices past the agreed credit maturity date shall accrue interest at the rate of 18% per annum from the due date until full realization.

6 Factory Witness Inspection, Delivery & Transit Terms

We welcome and encourage customer witness inspections prior to equipment handover:

• Inspection Notice: MEPL issues formal written Inspection Calls with at least 7 days prior notice. If the buyer or designated third-party inspection agency (e.g. RITES, SGS, CEIL, DNV) fails to attend within the designated inspection window, MEPL reserves the right to perform internal QA sign-off and dispatch with Certified Test Certificates.
• Delivery Schedules: Quoted delivery lead times are calculated from the date of technical drawing clearance and advance payment receipt. Lead times represent good-faith manufacturing targets and do not constitute absolute time-is-of-the-essence penalty commitments unless explicitly signed in a formal liquidated damages clause.
• Transit Risk & Demurrage: Delivery is deemed complete when equipment is handed over to the authorized freight carrier at our works. If the buyer requests dispatch deferral after equipment readiness notice, a storage and demurrage charge of 0.5% per week of order value will apply after a 14-day grace period.

7 Equipment Warranty & Guarantee Policy

Scope of Warranty: During the warranty window, MEPL will, at its sole discretion, repair or replace free of charge any component confirmed to be defective upon technical evaluation. Defective parts must be made available for inspection at our works or project site.

Warranty Invalidation & Exclusions: This warranty shall be void and inapplicable under the following conditions:

• Improper, unlevelled, or substandard civil foundation work or inadequate substation room ventilation.
• Electrical operation outside nameplate ratings, extreme sustained overvoltages, unsuppressed line surges, or absence of statutory lightning arresters.
• Failure to perform scheduled routine maintenance (such as transformer oil BDV filtration, silica gel breather regeneration, or busbar torque checking).
• Unauthorized field modifications, circuit rewiring, or installation of non-OEM components without prior written authorization from MEPL.
• Equipment subjected to water submergence, floods, fires, physical drop impacts, or severe chemical ambient corrosion beyond agreed IP ratings.

8 Limitation of Liability & Force Majeure

Limitation of Liability: To the maximum extent permitted by Indian law, MEPL’s cumulative financial liability for any and all claims, disputes, breaches, or defects arising out of a supply contract shall be strictly capped at the net contract price actually received by MEPL for the specific defective item. Under no circumstances shall MEPL be held liable for indirect, incidental, punitive, or consequential damages, including loss of production, plant shutdown costs, loss of business revenue, or third-party electrical penalties.

Force Majeure: Neither party shall be considered in default or breach of contractual obligations to the extent that performance is prevented or delayed by Force Majeure events, including acts of God, earthquakes, severe tropical cyclones, floods, fires, war, civil insurrection, widespread utility grid blackouts, statutory government embargoes, lockouts, or nationwide freight strikes. Delivery deadlines shall be extended by a duration commensurate with the duration of the Force Majeure occurrence.

9 Intellectual Property, CAD Schematics & Brand Rights

All engineering designs, cubicle fabrication templates, CAD drawings, schematic diagrams, firmware programs, product literature, photographs, and logos (including the “MOBY - In Power Protection” trademark) remain the exclusive intellectual property of Moby Electrotech Pvt. Ltd. The buyer is granted a non-exclusive, non-transferable license to use supplied engineering drawings solely for the purpose of installing, operating, and maintaining the purchased equipment. Reverse-engineering, duplication, or reproduction of proprietary panel designs for commercial resale is strictly prohibited.

10 Governing Law, Arbitration & Kolkata Jurisdiction

These terms, commercial transactions, and any disputes arising between MEPL and the buyer shall be governed, interpreted, and enforced strictly in accordance with the substantive laws of the Republic of India.

Amicable Dispute Resolution & Arbitration: Both parties shall endeavor to resolve any dispute or difference arising out of or in connection with a supply order through mutual amicable discussions between their respective senior management within 30 days. In the event of failure to reach an amicable resolution, disputes shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator mutually agreed upon, or appointed under the Act. The seat and venue of arbitration shall be Kolkata, West Bengal, and proceedings shall be conducted in English.