Term & Condition

4. TERMS OF PAYMENT

5. CLIENT OBLIGATIONS

6. TIME AND MATERIALS

7. CHANGES

8. START OF ENGINEERING SERVICES

• Delivery shall be regarded as completed on the date of receipt of the engineering documentation specified in the contract.
• The time schedule in accordance with this contract is preconditioned on the due fulfilment of all contractual obligations by Client. In case Client doesn’t fulfill its payment obligations or any other contractual obligations in time, the time schedule will be adjusted accordingly.
• Client shall notify to Sudarshan CADD Technologies Pvt Ltd any claims in regard to the engineering documentation within 30 days from the date of receipt of the engineering documentation, otherwise the delivery of the engineering documentation respectively the engineering services shall be regarded as fully accepted by Client.
• In case of non-conformity of the engineering documentation with the documents to be provided under this contract, Sudarshan CADD Technologies Pvt Ltd has the right to take remedial steps within a reasonable time-frame to be agreed upon between the parties. In no case shall Client be entitled to a price reduction in case of non-conformity.

• The benefit and the risk of the engineering documentation shall pass to Client with its delivery.

• Upon request Client shall timely provide Sudarshan CADD Technologies Pvt Ltd with all data and information required for the performance of the engineering services. After receipt of all data and information Sudarshan CADD Technologies Ltd shall check whether all necessary data and documentation were provided and inform Client in case additional documents need to be provided. Any costs incurred due to late delivery of data and information false or incomplete information or by subsequent changes of the information shall be borne by Client.

• Any delays in or failure of performance by Client or Sudarshan CADD Technologies Pvt Ltd, other than payment of money, shall not constitute default hereunder if and to the extent such delays or failures of performance are caused by occurrences which are unforeseen at the time the engineering services were commenced, are unable to prevent and are beyond the control of Client or Sudarshan CADD Technologies Pvt Ltd including but not limited to: acts of God or the public enemy; expropriation or confiscation of facilities; compliance with any order or request of any governmental authority; act of war or rebellion or sabotage or damage resulting therefrom; unavoidable fires, floods, explosions, or accidents; or riots or strikes or other concerted acts of workmen.

• Sudarshan CADD Technologies Pvt Ltd warrants that it will perform the engineering services in a good and workmanlike fashion and in accordance with the standards of care and diligence normally practiced by recognized engineering firms in performing engineering services of a similar nature for similar projects at the time the engineering services are performed.
• Sudarshan CADD Technologies Pvt Ltd makes no warranties relating to the staffing, performance or costs of operation or practical implementation, nor makes any other warranties expressed or implied. All implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, are expressly disclaimed and waived, it being acknowledged and agreed that the only warranties afforded hereunder are those expressly set forth in the contract.
• Sudarshan CADD Technologies Pvt Ltd shall have no liability for errors or inaccuracies in the engineering documentation attributable to the use of and/or reliance upon data, design criteria, drawings, specifications, reports or other information furnished by Client and Sudarshan CADD Technologies Pvt Ltd does not warrant such process or the design associated therewith.
• Sudarshan CADD Technologies Pvt Ltd total aggregate liability in connection with this contract shall in no event exceed 5% of the total price.

• Title to engineering documentation/ Intellectual Property Right The engineering documentation prepared by Sudarshan CADD Technologies Pvt Ltd which is supplied to Client in accordance with this contract shall become the property of Client.
• Sudarshan CADD Technologies Pvt Ltd reserves all intellectual property rights on the engineering documentation and information provided to Client, in particular copyright, right of inventions and confidential know-how (“IP-Rights”). Client shall not disclose such Documents and information received by Sudarshan CADD Technologies Pvt Ltd to third parties without Sudarshan CADD Technologies Pvt Ltd’s prior written consent. Sudarshan CADD Technologies Pvt Ltd grants Client a non-exclusive license to use the IP-Rights for the purpose the engineering services were rendered only.

• As long as there are no specific mandatory laws to the contrary, in no case whatsoever shall Client be entitled to contractual or tort claims for damages resulting from, but not limited to, loss of production, loss of use, loss of orders, loss of profit and other direct or indirect or consequential damages.

• The parties shall treat all information and documentation exchanged under this contract except the engineering documentation as confidential and make it known or accessible to third parties only to the extent necessary for the performance of the contract. This obligation remains in force for 3 years from the date of signature of contract even when the present contract has been cancelled or withdrawn.

• Sudarshan CADD Technologies Pvt Ltd will perform in substantial accordance with the specifications for a period of 90 days from the date of your receipt of the services. Except for the foregoing warranty, Sudarshan CADD Technologies Pvt Ltd is providing the engineering services on “as is” basis with no other warranties, express or implied including but not limited to warranties of performance, merchantability or fitness for a particular purpose. Sudarshan CADD Technologies Pvt Ltd does not warrant that the engineering services (a) will run uninterrupted or be error free, (b) contain no defects (c) will meet your requirements. To the maximum extent permitted by all applicable laws, Sudarshan CADD Technologies Pvt Ltd disclaims any other warranties.

• You acknowledge and agree that your use of the services offered by Sudarshan CADD Technologies Pvt Ltd is at your sole and individual risk, and that Sudarshan CADD Technologies Pvt Ltd is not responsible for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown, that you or a third party may suffer as a result of your use of the engineering services.

• Client may cancel an order for Engineering Services upon written notice to Sudarshan CADD Technologies Pvt Ltd and payment of an agreed upon cancellation charge, which shall include all costs incurred by Sudarshan CADD Technologies Pvt Ltd prior to the cancellation plus a reasonable profit. A purchase order may be suspended or delayed by Client with Sudarshan CADD Technologies Pvt Ltd.’s prior written consent. If Sudarshan CADD Technologies Pvt Ltd agrees to a suspension or delay, Customer shall reimburse Sudarshan CADD Technologies Pvt Ltd for all costs incurred up to the date of such suspension or delay, plus a reasonable profit. All other costs related to and risks incidental to resumption of the Services shall be borne by Client.

• Except as otherwise specifically set forth in the scope of work provided as part of the proposal or quotation, all documents, including drawings, specifications, computer files, electronic media, data, engineering calculations, notes, and other documents and instruments prepared or furnished by Sudarshan CADD Technologies Pvt Ltd (collectively the “Documentation”) are the property of Sudarshan CADD Technologies Pvt Ltd and shall not be considered works for hire. Sudarshan CADD Technologies Pvt Ltd shall retain all common law, statutory and other reserved rights, including copyright, applicable to the Documentation. The Documentation is not intended or represented to be suitable for use on any other project. Any reuse of the Documentation without written verification or adaptation by Sudarshan CADD Technologies Pvt Ltd for the specific purpose intended is prohibited and will be at Client’s sole risk and without liability or legal exposure to Sudarshan CADD Technologies Pvt Ltd. Client agrees to defend, indemnify and hold Sudarshan CADD Technologies Pvt Ltd harmless against all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or in any way connected with the unauthorized use or modification of the Documentation by Client or any person or entity that acquires or obtains the Documentation from or through Client without the written authorization of Sudarshan CADD Technologies Pvt Ltd.