Terms and Conditions

Definitions & Interpretation

  1. In these Terms & Conditions:
    • “Supplier”, “we”, “us”, “our” refers to M-Kube, operating in India through its registered office.
    • “Customer”, “you”, “your” means the buyer or organisation purchasing goods or services from us.
    • “Goods” refers to any scientific or laboratory instruments, accessories, components, or related items supplied by us.
    • “Services” includes installation, calibration, maintenance, or technical support offered by us.
    • “Contract” or “Invoice” or “Purchase Order” means the agreement between the Customer and M-Kube Enterprise when we accept your purchase order in writing or commence supply.
    • “Delivery Date” means the date on which goods leave our premises unless otherwise agreed in writing.
  2. Headings are for convenience only and do not affect interpretation.
  3. If any clause in these Terms is held invalid or unenforceable, the remainder shall remain in full force and effect.

Application of Terms

  1. These Terms & Conditions apply to all quotations, sales, and supplies made by M-Kube unless otherwise agreed in writing by an authorised representative.
  2. Any terms or conditions provided by the Customer that conflict with these Terms will not apply unless expressly accepted by us in writing.
  3. A binding contract is formed once M-Kube issues an order confirmation or begins dispatching goods or performing services.
  4. Quotations are valid for 10 days unless otherwise stated and may change without prior notice due to fluctuations in material or exchange rates.

Price, Payment & Taxes

  1. All prices are quoted in Indian Rupees (INR) and are exclusive of GST, freight, customs duties, and handling charges unless otherwise specified.
  2. Payment terms are as stated in the quotation and invoice. Full payment must be made within the specified period.
  3. M-Kube reserves the right to charge interest at 2% per month on overdue amounts from the due date until payment is received in full.
  4. The Customer shall bear all applicable GST, import duties, and statutory levies.
  5. M-Kube reserves the right to suspend further supplies or cancel pending orders if payment is delayed.

Delivery, Risk & Title

  1. Delivery schedules are estimated and subject to change depending on product availability and logistics. M-Kube shall not be liable for delays beyond its reasonable control.
  2. Risk in the goods passes to the Customer upon delivery or dispatch from our premises.
  3. Title and ownership of the goods shall remain with M-Kube until full payment is received.
  4. Until ownership transfers, the Customer must keep the goods in good condition and must not sell, transfer, or encumber them.

Inspection, Returns & Cancellations

  1. The Customer must inspect goods immediately upon receipt and notify us in writing of any damage, shortage, or discrepancy within 3 business days of delivery.
  2. Returns are accepted only with prior written approval from M-Kube and must be unused, undamaged, and in original packaging.
  3. A restocking charge (generally 20% of the invoice value) may apply to approved returns.
    Custom, made-to-order, or calibrated goods are non-returnable.
  4. Cancellation of orders after confirmation is not permitted without our written consent, and any approved cancellation may incur compensation for losses or costs incurred.

Warranty, Liability & Consumer Rights

  1. M-Kube does not provide any express warranty on goods supplied, unless specifically mentioned in the quotation or invoice.
  2. However, goods supplied by M-Kube shall conform to their description and are subject to applicable provisions of the Consumer Protection Act, 2019, where relevant.
  3. To the extent permitted by Indian law, our liability is limited, at our discretion, to:
    • Replacement or repair of the defective goods; or
    • Refund of the purchase price of the defective goods.
  4. M-Kube shall not be liable for indirect, incidental, or consequential losses, including loss of business, revenue, or data, arising from use or misuse of the goods.
  5. Technical information or guidance provided by us is for general assistance only and should be verified by the Customer before use.

Intellectual Property

  1. All intellectual property rights, including product designs, documentation, and drawings, remain the sole property of M-Kube or its licensors.
  2. The Customer shall not reproduce, distribute, or modify any materials provided by M-Kube without prior written consent.
  3. If the Customer provides drawings, designs, or specifications, they warrant ownership or the right to use them and shall indemnify M-Kube against any third-party infringement claims.

Force Majeure

 
M-Kube shall not be held responsible for delay or failure to perform obligations due to causes beyond its control, including natural disasters, acts of government, labour disputes, strikes, transport delays, or shortage of raw materials. Delivery time shall be extended accordingly.

Termination

  1. M-Kube reserves the right to suspend or terminate supply if the Customer breaches these Terms or fails to make
  2. payment within the agreed period. Upon termination, all amounts due shall become immediately payable.
  3. The Customer shall be responsible for all costs incurred before termination, including administrative and storage charges.

Compliance & Safety

  1. The Customer must handle and use goods in accordance with all applicable Indian laws, industry standards, and safety guidelines.
  2. M-Kube shall provide relevant product information or material safety data (if applicable), and the Customer must ensure compliance at their end.
  3. M-Kube is not responsible for damage, injury, or loss caused by improper use, installation, or handling of goods.

Confidentiality

 

Both parties agree to treat all non-public, technical, or commercial information shared during business dealings as confidential and shall not disclose it to any third party without written consent, except as required by law.

Governing Law & Jurisdiction

  1. These Terms & Conditions are governed by and construed in accordance with the laws of India.
  2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Ahmedabad, Gujarat, India (or the city of your registered office).
  3. Both parties agree to attempt amicable settlement through negotiation before pursuing legal remedies.

Entire Agreement

 
These Terms & Conditions constitute the entire agreement between M-Kube and the Customer.

No modification or waiver is valid unless agreed in writing by an authorised representative of M-Kube.