Metzix – Website Terms and Conditions
1. About These Terms
1.1 This website, metzix.com (the "Website"), is operated by Metzix Private Limited, a company incorporated under the laws of India, with its registered office at Hanudev Info Tech Park, Unit No.: Block C, SF No. 558/2, Udayampalayam Main Road, Nava India, Coimbatore – 641028. CIN: U62013TZ2023PTC029775, GSTIN: 33AARCM4316R1ZU, IEC: AARCM4316 ("Metzix", "we", "us", "our").
1.2 By accessing or using the Website, submitting an enquiry, or requesting a quotation, you ("you", "User", "Buyer") agree to these Terms and Conditions ("Terms"). If you do not agree, please do not use the Website.
1.3 These Terms are an electronic record under the Information Technology Act, 2000 and do not require physical or digital signatures.
2. Nature of the Website
2.1 The Website presents the Metzix product portfolio and services for industrial customers. It is an information and enquiry platform. It is not an online store, and no purchase is completed through the Website.
2.2 Our products include, without limitation:
- Separation and filtration: thickeners, vacuum filters, filter presses, leaf filters, vacuum belt filters.
- Mineral beneficiation: magnetic separators, spiral chutes, jigs, dosing systems, linear screens.
- Auxiliary equipment: pumping solutions, heat exchangers, tanks, agitators, process skids, castings, valves.
- Material handling: conveyor systems, chain conveyors, bucket elevators, screw conveyors, transfer chutes, plough diverters, storage hoppers and bins.
2.3 The Website is intended for business and professional users. By using it, you confirm that you are acting on behalf of a business or are otherwise legally able to enter into a binding contract.
3. Product Information and Technical Disclaimer
3.1 Descriptions, images, capacities, applications and specifications on the Website are for general guidance only. Actual equipment is engineered to project-specific requirements and may differ from what is shown.
3.2 Product images are illustrative. Colours, dimensions, materials of construction and configurations may vary.
3.3 Suitability of any equipment depends on your slurry, ore, fluid, site and operating conditions. Information on the Website is not a design, process guarantee or engineering advice. Performance commitments are given only in a written quotation or contract signed by Metzix.
3.4 We may change, discontinue or modify products, specifications and the Website content at any time without notice.
4. Enquiries, Quotations and Orders
4.1 No offer. Website content is an invitation to treat and not an offer to sell.
4.2 Quotations. A written quotation is valid for the period stated in it (or 30 days if none is stated) and remains subject to final technical and commercial confirmation, availability, and export compliance clearance.
4.3 Contract formation. A binding contract arises only when (a) you issue a purchase order or sign the quotation, and (b) Metzix issues a written order acceptance or proforma invoice, and (c) any required advance payment or letter of credit is received or established.
4.4 Changes. Changes to scope, specification or quantity after order acceptance require written agreement and may affect price and delivery schedule.
4.5 Custom manufacturing. Equipment made to your drawings or specifications cannot be cancelled once manufacturing has begun, except by paying costs incurred and reasonable cancellation charges.
5. Prices and Payment
5.1 Prices are quoted in the currency stated in the quotation (typically USD, EUR or INR) and are exclusive of taxes, duties, bank charges, inspection fees and certification costs unless expressly stated.
5.2 Payment terms are as stated in the quotation or contract. Common structures include advance payment, milestone payments, irrevocable letter of credit at sight, or telegraphic transfer against shipping documents.
5.3 Payments must be made without set-off or deduction. All bank charges outside India are borne by the Buyer.
5.4 Late payments attract interest at 1% per month from the due date until payment, and Metzix may suspend work or withhold shipment until overdue amounts are cleared.
5.5 Title to goods remains with Metzix until full payment is received, to the extent permitted by applicable law.
5.6 Metzix may revise prices where there are material changes in raw material costs, exchange rates, freight, duties or specifications before order acceptance.
6. Export Terms: Shipping, Delivery and Risk
6.1 Incoterms. Delivery terms follow the Incoterms® 2020 rule stated in the quotation (for example EXW, FCA, FOB, CIF or CFR, with the named port or place). If none is stated, the default is FCA [Metzix works / Indian port].
6.2 Risk and title to risk. Risk passes to the Buyer as set out in the applicable Incoterm.
6.3 Delivery dates are estimates, run from the later of order acceptance, receipt of advance payment or LC, and approval of drawings, and are not of the essence. Metzix is not liable for delay caused by Force Majeure, late Buyer approvals, late payment, or customs and port delays.
6.4 Packing. Goods are packed for export in a manner suitable for the agreed mode of transport. Special packing requests are chargeable.
6.5 Inspection. The Buyer may arrange pre-shipment inspection by a third-party agency at its own cost, with prior written notice. Inspection must not unreasonably delay shipment.
6.6 Partial shipments and transhipment are permitted unless the contract states otherwise.
7. Import Duties, Taxes and Customs
7.1 The Buyer is responsible for import licences, customs clearance, import duties, VAT/GST/sales taxes and other charges in the destination country, unless the Incoterm provides otherwise.
7.2 Exports from India may be made under LUT or with payment of IGST, as applicable under Indian law. Any applicable Indian taxes are shown on the invoice.
7.3 The Buyer must give accurate end-use, end-user and import documentation requirements before shipment. Metzix is not responsible for goods held, seized or delayed due to the Buyer's non-compliance with local laws.
8. Export Control, Sanctions and Compliance
8.1 Metzix complies with the Foreign Trade (Development and Regulation) Act, 1992, the Customs Act, 1962, and other applicable Indian export laws, and with sanctions applicable to it.
8.2 We do not supply to countries, entities or individuals prohibited under Indian law, United Nations sanctions, or other sanctions regimes that apply to the transaction. We may refuse or cancel any order, or suspend shipment, without liability if a transaction may breach these laws.
8.3 The Buyer represents that the equipment will not be re-exported, diverted or used for unlawful purposes, or for any prohibited military, nuclear, chemical or biological end-use, and that it will provide end-user declarations when requested.
8.4 Both parties shall comply with applicable anti-bribery and anti-corruption laws, including the Prevention of Corruption Act, 1988, and similar foreign laws.
9. Warranty
9.1 Unless the contract states otherwise, Metzix warrants that equipment of its own manufacture will be free from defects in materials and workmanship for [12] months from commissioning or [18] months from shipment, whichever is earlier.
9.2 The warranty does not cover:
- Normal wear parts and consumables (e.g., filter cloths, belts, liners, seals, gaskets);
- Damage from improper installation, operation or storage;
- Use outside design parameters;
- Unauthorised modifications or repairs;
- Corrosion or abrasion from process conditions; and
- Force Majeure events.
9.3 Bought-out items (such as motors, gearboxes, pumps and instruments) carry the original manufacturer's warranty only.
9.4 The Buyer's sole remedy is, at Metzix's option, repair or replacement of the defective part, or a refund of the price of the defective part. Return shipping and on-site labour are at the Buyer's cost unless agreed otherwise.
9.5 Claims must be notified in writing within 7 days of discovering the defect, with photographs and relevant data.
9.6 Except as stated, all other warranties and conditions, whether express or implied, including fitness for a particular purpose, are excluded to the extent permitted by law.
10. Inspection of Goods and Claims
10.1 The Buyer must inspect goods on arrival and report visible transit damage or shortages to the carrier and Metzix in writing within 5 days of delivery.
10.2 Goods may be returned only with Metzix's prior written approval. Custom-made equipment is not returnable.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, Metzix is not liable for indirect, incidental, special or consequential loss, including loss of production, profit, revenue, contracts or goodwill.
11.2 Metzix's total liability arising from any order or contract is limited to the price of the specific equipment giving rise to the claim.
11.3 Nothing in these Terms excludes liability that cannot be excluded by law, including liability for fraud or for death or personal injury caused by negligence.
11.4 The Website and its content are provided "as is" and "as available". We do not guarantee uninterrupted, error-free or secure operation.
12. Installation, Commissioning and Safety
12.1 Unless included in the quotation, installation, commissioning, civil works, utilities, electrical connections and operator training are not part of supply.
12.2 Equipment must be installed, operated and maintained according to Metzix manuals and applicable safety laws in the country of use. The Buyer is responsible for site safety, trained operators and appropriate guards and protective equipment.
13. Intellectual Property
13.1 All content on the Website, including text, images, logos, trademarks, designs, drawings, and the Metzix name, belongs to Metzix or its licensors and is protected by Indian and international intellectual property laws.
13.2 You may view and print Website content for your internal business evaluation. You may not copy, modify, distribute, scrape or commercially exploit it without written permission.
13.3 Designs, drawings, data sheets and know-how shared with a quotation remain the property of Metzix and must not be copied, shared with third parties, or used to manufacture or source similar equipment elsewhere.
13.4 If you provide drawings or specifications, you confirm that you have the right to do so, and you indemnify Metzix against third-party IP claims arising from their use as instructed.
14. Confidentiality
Each party shall keep confidential the other's non-public technical and commercial information received in connection with an enquiry or order, and use it only for that purpose, except where disclosure is required by law. A separate NDA may be signed where needed.
15. User Conduct
You agree not to: submit false or misleading enquiries; attempt unauthorised access to the Website or its systems; introduce malware; use automated tools to scrape or overload the Website; or use the Website for any unlawful purpose.
16. Privacy, Cookies and Data Protection
16.1 We collect information you give us through contact forms, email or phone (such as name, company, email, phone number, country and project requirements) and limited technical data through cookies, to respond to enquiries, prepare quotations, perform contracts, and improve the Website.
16.2 Cookies are used to analyse traffic and improve user experience. You can accept or decline cookies through the Website banner or your browser settings.
16.3 We process personal data in line with the Digital Personal Data Protection Act, 2023 and other applicable law. We do not sell personal data. We may share it with service providers, logistics partners, banks, auditors and authorities as needed to deliver our services or comply with law, and may transfer it outside India where required for these purposes.
16.4 You may request access, correction or deletion of your personal data by writing to techsales@metzix.com. Details are in our Privacy Policy.
17. Third-Party Links
The Website may link to third-party sites. We do not control or endorse them and are not responsible for their content or practices.
18. Force Majeure
Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, hostilities, terrorism, pandemics, strikes, government actions, export or import restrictions, port closures, shipping disruptions, fire, or failure of utilities or suppliers. If the event continues beyond [60] days, either party may terminate the affected order by written notice, with payment due for work done and materials procured.
19. Termination and Suspension
Metzix may suspend or terminate your access to the Website, or decline or cancel any enquiry or order, if you breach these Terms or if required by law. Provisions that by nature should survive (payment, IP, confidentiality, liability, governing law) will survive termination.
20. Governing Law and Dispute Resolution
20.1 These Terms and any contract with Metzix are governed by the laws of India. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
20.2 The parties shall first try to resolve any dispute through good-faith negotiation for 30 days after written notice.
20.3 Unresolved disputes shall be finally settled by arbitration under the Arbitration and Conciliation Act, 1996 [or: under the rules of [SIAC / ICC / MCIA / ICADR]]. The seat and venue shall be [Coimbatore, India], the language English, and the tribunal shall consist of [one / three] arbitrator(s). The award is final and binding.
20.4 Subject to the above, the courts at [Coimbatore, Tamil Nadu, India] have exclusive jurisdiction.
21. General
21.1 Entire agreement. These Terms, together with the signed quotation or contract, form the entire agreement. If they conflict with a signed contract, the signed contract prevails. Buyer's own standard terms do not apply unless Metzix accepts them in writing.
21.2 Severability. If any provision is found invalid, the rest remains in effect.
21.3 Waiver. Failure to enforce a right is not a waiver of it.
21.4 Assignment. You may not assign your rights or obligations without our written consent.
21.5 Notices. Notices must be in writing and sent to the contact addresses above or as specified in the contract. Email is valid for routine communications.
21.6 Changes to these Terms. We may update these Terms from time to time by posting the revised version on the Website with a new "Last updated" date. Orders are governed by the Terms in force on the date of the quotation.
22. Contact Us
Metzix Private Limited
Hanudev Info Tech Park, Unit No.: Block C, SF No. 558/2, Udayampalayam Main Road, Nava India, Coimbatore – 641028.