Terms & Conditions
Client Service Agreement between MECH ON SITE PVT LTD and the entity requesting services
Table of Contents
Welcome to MECH ON SITE PVT LTD. These Terms & Conditions ("Agreement") govern the relationship between MECH ON SITE PVT LTD ("Company," "we," "us," or "our") and the entity or individual requesting services ("Client," "you," or "your"). By booking a service, accepting a quotation, or issuing a purchase order, you agree to be bound by these terms.
1) Scope and Nature of Services
1.1 MECH ON SITE PVT LTD provides on-site inspection, diagnostics, repair/maintenance services, breakdown support, AMC support, and/or parts procurement/supply, as per (i) quotation(s), (ii) work order(s), (iii) service ticket(s), or (iv) purchase order(s) (v) any digital medium within law of land accepted by MECH ON SITE PVT LTD ("Services").
1.2 MECH ON SITE PVT LTD may deploy MECH ON SITE PVT LTD employees, third-party technicians, mechanics, vendors, or subcontractors ("Service Providers") to perform Services. Client acknowledges Service Providers may be independent contractors.
1.3 Unless explicitly stated otherwise in writing, MECH ON SITE PVT LTD is the contracting counterparty to the Client for the Services and/or parts billed by MECH ON SITE PVT LTD, and MECH ON SITE PVT LTD controls service governance, SLA process, and dispute handling.
2) Definitions
3) Client Responsibilities: Site Readiness, Access, Safety, and Welfare
3.1 Access & Authorization. Client shall ensure site access, equipment access, permits, security clearance, and availability of an authorized representative during Service Provider arrival and throughout critical stages.
The Client is responsible for ensuring the Equipment is "Ready-to-Work" upon the Service Provider's arrival. This includes: Physical Integrity, Vitals & Consumables, and Component Status.
3.2 Basic Human Amenities. Client must provide: a) potable drinking water, b) hygienic restroom access, c) safe rest area, and d) reasonable meal break support for long deployments.
3.3 Safe Working Conditions & Utilities. Client must provide safe working area and necessary utilities, including (as applicable) stable power supply, lighting, ventilation, safe lifting arrangement/space, and safe access/egress.
4) Scheduling, Response Times, Delays
4.1 MECH ON SITE PVT LTD will use commercially reasonable efforts to dispatch within agreed timeframes. Timelines are estimates unless explicitly committed in writing.
4.2 Delays due to access restrictions, safety issues, weather, strikes, local shutdowns, parts non-availability, OEM constraints, or Client approval delays will extend timelines without penalty to MECH ON SITE PVT LTD.
5) Pricing
5.1 GST & Statutory Levies. Pricing is exclusive of applicable GST and statutory charges unless explicitly stated as inclusive. Taxes will be charged as per law at invoicing.
6) Change Orders and Discovery of Additional Issues
6.1 Many repairs reveal additional faults after dismantling/testing. If additional defects are found, MECH ON SITE PVT LTD will raise a Change Order / Revised Estimate.
6.2 MECH ON SITE PVT LTD may pause work until Client provides written/digital approval and, where required, additional advance payment.
7) Parts: Availability, Price Volatility, and Returns
7.1 Parts Availability. Parts supply is subject to vendor/OEM availability and lead times. MECH ON SITE PVT LTD is not liable for OEM discontinuation or supply chain disruptions.
7.2 Parts Price Escalation. If procurement cost for a part increases materially after quotation due to supplier price hike, FX changes, duty changes, scarcity, or supply disruption, MECH ON SITE PVT LTD may revise the price to reflect actual increased procurement cost.
7.3 No Return / No Refund for Used/Opened Parts. Unless expressly agreed in writing, parts once ordered, opened, installed, modified, or fitted are non-returnable and non-refundable.
8) Payment Terms
8.1 Payment Due Dates. Unless otherwise stated: Advance payments: due immediately upon acceptance. Balance invoices: due within 15 days of invoice date.
8.2 Non-Payment. MECH ON SITE PVT LTD may pause work, withhold delivery/dispatch of parts, and/or decline further service until dues are cleared.
9) Cancellation, Rescheduling, and Refund Policy
9.1 Free Cancellation Window. Cancellation within 60 minutes of booking confirmation and 2 days before dispatch may be free.
9.2 After Dispatch. If cancelled after dispatch or when Service Provider is en route, Client must pay a Dispatch / Minimum Visit Charge.
9.3 On-Site Cancellation. If cancelled after arrival or after work begins, diagnostic/visit charges are non-refundable, and work already performed is chargeable.
9.4 Parts Orders. Once parts are procured/ordered, parts-related payments are non-refundable.
10) Warranty Terms
10.1 Workmanship Warranty (Limited). MECH ON SITE PVT LTD provides a limited workmanship warranty for 30 days from completion, only for defects directly attributable to MECH ON SITE PVT LTD workmanship on the specific scope.
10.2 Exclusions. Service Warranty excludes: normal wear & tear, pre-existing damage, misuse/overload, unauthorized modification, use of non-recommended consumables, electrical fluctuations, negligent operation, or failure of adjacent/non-repaired components.
10.3 Parts Warranty (Pass-Through). Parts warranty is limited to supplier/OEM/partner warranty terms.
11) Anti-Circumvention / Non-Solicitation / Conversion Fee
11.1 No Direct Engagement. Client shall not directly or indirectly solicit, hire, contract, or engage any Service Provider introduced through MECH ON SITE PVT LTD, during the engagement and for 36 months after the last job involving that Service Provider.
11.2 No Off-Platform Transactions. Client shall not bypass MECH ON SITE PVT LTD by transacting directly with a MECH ON SITE PVT LTD-introduced Service Provider for similar services.
11.3 Permitted Buyout (Conversion Fee). If Client wants to directly engage a MECH ON SITE PVT LTD-introduced Service Provider, Client must pay a Conversion/Placement Fee prior to starting off-platform work.
11.4 Liquidated Damages for Breach. If Client circumvents without paying conversion fee, Client agrees to pay liquidated damages of ₹50,00,000 per Service Provider or 36 months estimated MECH ON SITE PVT LTD fees based on historical usage, whichever is higher.
12) Confidentiality and Data Use
12.1 Each Party shall keep confidential the other Party's commercial information, pricing, vendor arrangements, and operational details.
12.2 Client consents to MECH ON SITE PVT LTD collecting and processing data required for service delivery. MECH ON SITE PVT LTD may use anonymized data for internal analytics and quality improvement.
13) Limitation of Liability
13.1 To the maximum extent permitted by law, MECH ON SITE PVT LTD's total aggregate liability arising out of a specific job shall be limited to the amount actually paid to MECH ON SITE PVT LTD for that job.
13.2 MECH ON SITE PVT LTD is not liable for indirect, incidental, consequential, special, punitive damages including loss of profit, project delay, downtime losses, business interruption, or third-party claims against Client.
14) Indemnity
Client shall indemnify and hold harmless MECH ON SITE PVT LTD, its directors, employees, and Service Providers from claims, losses, injuries, penalties, or damages arising from: unsafe site conditions, Client's negligence or staff actions, failure to provide safe utilities and access, third-party claims at Site, or Client's breach of this Agreement.
15) Force Majeure
Neither Party will be liable for delay/failure due to events beyond reasonable control: extreme weather, flood, fire, strike, riot, government action, war, epidemics, supply chain disruption, OEM shutdowns, or transport restrictions.
16) Term, Termination, and Suspension
16.1 This Agreement applies to all Services provided under MECH ON SITE PVT LTD quotations/work orders unless superseded by a signed master services agreement.
16.2 MECH ON SITE PVT LTD may suspend/terminate ongoing work for non-payment, repeated safety failures, abusive conduct, illegal requests, or breach of anti-circumvention.
17) Dispute Resolution and Governing Law
17.1 Parties will attempt good-faith resolution within 30 days.
17.2 If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed. Seat/venue: New Delhi. Language: English.
17.3 This Agreement is governed by the laws of India. Subject to arbitration, courts at New Delhi shall have jurisdiction.
18) Miscellaneous
18.1 Severability. If any clause is held invalid, the remaining clauses remain enforceable.
18.2 No Waiver. Failure to enforce a right does not waive it.
18.3 Entire Agreement. This document with accepted quotations/work orders forms the entire agreement for Services.
18.4 Assignment. Client may not assign without MECH ON SITE PVT LTD written consent.
19) Acceptance and Signatures
19.1 Electronic Signature: By clicking "I Accept," "Confirm Booking," or by issuing a digital Work Order/Purchase Order, the Client acknowledges and agrees that:
- They have read, understood, and voluntarily accepted these Terms & Conditions.
- Their digital action constitutes a legally binding signature under the Information Technology Act, 2000.
- They have the authority to bind the Entity/Company named in the service request to this Agreement.
19.2 Record Keeping: A time-stamped log of this acceptance, along with the Client's IP address and account details, shall be maintained by MECH ON SITE PVT LTD as evidence of the contract.
By clicking "I Accept", you confirm that you have read, understood, and agree to be bound by these Terms & Conditions.