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Terms and Conditions

These Terms and Conditions ("Terms") govern the sale of home automation products and services by Toyama Controls & Systems Pvt Ltd ("Company") to customers ("Buyer"). By placing an order, Buyer agrees to be bound by these Terms.

1. General
a) "Company" refers to Toyama Controls & Systems Pvt Ltd, with registered office at # 38-A2, KIADB Industrial Estate Hoskote, Bengaluru, Karnataka 562114, India. 
b) These Terms supersede any other terms issued by Company, unless agreed in writing. Company's acceptance of Buyer's order is expressly conditioned on Buyer's assent to these Terms.
c) Modifications to these Terms are not binding unless agreed in writing and signed by an authorized representative of Company.

2. Products and Services
a) Company shall supply the home automation products ("Products") and services ("Services") specified in the order confirmation. 
b) All product descriptions, illustrations and specifications are approximate and subject to change. Company reserves the right to modify Products provided the modifications do not materially affect performance.
c) Buyer shall indemnify Company against any claims arising from errors or defects in drawings, designs or specifications provided by Buyer.

3. Warranty
a) Company warrants that Products shall be free from defects in materials and workmanship for a period of 2 years from the date of delivery. 
b) If a Product is defective, Company shall at its option repair or replace the defective Product.
c) Warranty does not cover defects caused by improper use, maintenance, installation, alterations, or normal wear and tear.
d) Except for this warranty, Products are provided "as is" and Company disclaims all other warranties, express or implied, including merchantability and fitness for purpose.

 4. Liability
a) In no event shall Company be liable for any indirect, incidental, special or consequential damages, including loss of profits, revenue, data or use, arising out of or related to the Products or Services.  
b) Company's aggregate liability arising out of or related to the Products and Services, whether in contract, tort or otherwise, shall not exceed the total amount paid by Buyer for the Products or Services giving rise to the claim.
c) The limitations in this clause shall apply notwithstanding the failure of essential purpose of any limited remedy.

5. Intellectual Property
a) Company retains all intellectual property rights in the Products and Services, including patents, trademarks, copyrights and trade secrets. 
b) Buyer shall not reverse engineer, decompile or modify the Products or Services without Company's prior written consent.
c) Buyer grants Company a worldwide, non-exclusive, royalty-free license to use any feedback or suggestions provided by Buyer.

6. Confidentiality
a) "Confidential Information" means any non-public information disclosed by either party, whether orally or in writing, that is designated as confidential or reasonably understood to be confidential. 
b) Each party shall maintain the confidentiality of the other party's Confidential Information and not disclose it to any third party without prior written consent.
c) Confidentiality obligations shall not apply to information that is: (i) publicly available, (ii) independently developed, (iii) rightfully obtained from a third party, or (iv) required to be disclosed by law.

7. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. The courts in Bangalore, India shall have exclusive jurisdiction over any disputes.

8. Miscellaneous
a) These Terms constitute the entire agreement between the parties and supersede any prior or contemporaneous communications.  
b) If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
c) Notices shall be in writing and delivered by courier or registered mail to the addresses specified in the order confirmation.
d) Neither party may assign these Terms without the prior written consent of the other party, except that Company may assign to an affiliate or successor in interest.
e) No waiver of any breach shall be deemed a waiver of any subsequent breach. 
f) These Terms may be executed in counterparts, each of which shall be an original, but together constitute one agreement.

Please refer to our separate Shipping Policy and Cancellation Policy for terms related to delivery and order cancellations.

By placing an order with Toyama Controls & Systems Pvt Ltd, Buyer agrees to be bound by these Terms and Conditions.

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