Terms & Conditions

WELCOME TO COMBYTE TEXTILE

This is an electronic agreement between Combyte Textile Private Limited, company incorporated in ROC Delhi India under 2013 Companies act with CIN U52100HR2016PTC063886 is owner and service provider/ operator of website www.shop.combyte.in here referred as website/site includes services / service provider in this document and YOU ( referred as Buyer/User) of this website. The agreement set forth the legally binding terms of the your use of the website and / or Services.

This Electronic document is the record of agreement on terms and conditions which includes payment, deliveries, services, data collections and payment terms of Combyte Textile Pvt Ltd and Buyer(s)/User(s).

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

UNDERTAKING

On using and/or visiting www.shop.combyte.in you significantly agreed on these terms & conditions (“Terms of use”/ Terms and Conditions”) along with our payment, deliveries and privacy policy(ies), which are published and which are incorporated herein for reference. If you(User(s)) continue to do the same hereon you are agreeing to comply with and be bound by following terms and conditions of use, which together with our privacy policy. If You / User/ Buyer do/does not agreed on Terms & conditions together with Combyte Textile Privacy policy, then please don’t use the website and services. By registering for or accessing or using the website / Services you( User/Buyer) itself or/and behalf of yourself or the business you represent agree to be bound on Combyte Textile Terms & Conditions together with privacy policies.

All the content/information on website is for general information and use only. We reserve the right to change/ modify/ eliminate / alter full or part of website / service(s) at any time without prior notice.

QUALIFICATION

Combyte textile reserve(s) the right to prevent anyone person(s) from using the website. Only those persons who are competent to Contract as provided in the Indian Contract Act 1872 are eligible to use the website or / and service(s). Legal guardians and Parents may transact or use the services/website means the person below the age of Eighteen Years.

Signing UP

All data and information provided by the user / buyer (s) are subject to our privacy policy. This policy as updated from time to time and updated policy found or may be found at privacy policy. For using our website or services complete the registration process. You must provide the Legal Business Name or ( Your name) , address, phone number and Email address. You will be responsible for maintaining confidentiality of your account, password and restricting access to your computer / Mobile for the purposes of the same and you hereby accept responsibility for all activities that occur under your account and password.

Upon completion of your registration process, subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access, and make personal and non-commercial use of the Website. All rights not expressly granted to you in these Terms, are reserved and retained by the Website and its affiliates.

CONTACT

On using www.shop.combyte.in you/yourself/buyer give consent to receive call/calls, pre-recorded promotional calls and messages, emails from us at any time that has been provided by you for the use of website / services which are subject to privacy policy. In case you don’t want any such calls / pre-recorded messages / calls or mails, kindly inform us for the same via email at support@combyte.in. You may also be contacted by specific third parties with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

Brand Clause

All the products and services offered on Combyte Textile, and related Content displayed are the responsibility of the respective vendors and suppliers who have partnered with the Website and to whom the images has been visibly attributed to. The Website is a platform for display and sale relating to products and services offered by these suppliers and vendors. Combyte Textile does not take responsibility of the availability of such products or services at all times. Combyte Textile will not be responsible if a particular product or service is not available due to lack of stock or any other reason or has been discontinued by the respective vendor or supplier. Combyte Textile does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. The images of the products or Services are indicative. They may not match with actual products or result of services at the time of final receipt by the customer. Combyte Textile’s display of images of products and offering of said products for sale is in no manner to be construed as an endorsement of the vendor or supplier from whom said product is being procured. Combyte Textile does not warrant the fitness for purchase, merchantability or use of any products and Services displayed or offered for sale on the Website or via Services.

Buyer/User Illustrations and Contract

You agree to use the Website and/or Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You shall not use the Website for any of the following purposes:

  1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorised access to other computer systems.
  4. Interfering with any other person’s use or enjoyment of the Website.
  5. Breaching any applicable laws.
  6. Interfering or disrupting networks or web sites connected to the Website.

In order to access Website and/or Services, You will be required to provide information about yourself (such as identification or contact details or location information) as part of the registration process outlined above, or as part of your continued use of the Website and/or Services. You agree that any registration information you give to Combyte Textile will always be accurate, correct and up to date.

You are solely responsible for your interaction with other users including but not limited to vendors and suppliers of the Website and/or Services, whether online or offline. You agree that Combyte Textile is not responsible or liable for the conduct of any user. Combyte Textile reserves the right, but has  no obligation, to monitor or become involved in disputes between you and other users including any Third Party Interactions (defined below in Third Party Clause)

You agree to use the Website and/or Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree not to access (or attempt to access) any of the Website and/or Services by any means other than through the interface that is provided by Combyte Textile, unless You have been specifically allowed to do so in a separate agreement with Combyte Textile.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Website and/or Services).

Unless You have been specifically permitted to do so in a separate agreement with Combyte Textile, You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website, or any elements therein for any purpose including but not limited to the image content of the products as well, conceptual elements, website pages etc.

You agree that you are solely responsible for (and that Combyte Textile has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Combyte Textile may suffer) of any such breach.

In places where this Website allows you to post or upload data/information, including but not limited to images, you undertake to ensure that such material is not offensive and in accordance with applicable laws.

You agree to the use of your data in accordance with Combyte Textile‘s Privacy Policy

Mediator  / Commision agent / third party / Promotional company

The Website may contain links to third party websites and microsites and/or content both written and visual in relation to products, services, companies, persons and establishments and that are not owned by Us or in instances not controlled by Us and may be user generated (“Third Party Material”). 

You agree that any Third Party Material is not to be construed as an endorsement of use of material depicted in Third Party Material/ its fitness for use/ effects of said material depicted in the Third Party Material whether the Third Party Material is controlled specifically by Us or whether it is user generated content in any manner.

You agree that you may come across promotional material and has been published by Us as well as that which is published by users which may include Third Party Material. You further agree that display of promotional material on the Website is in no manner to be deemed an endorsement of the product, company, or services in question’s fitness for use, quality level, safety for use etc. 

You acknowledge and agree that Combyte Textile is not responsible for the availability of Third Party Material. You acknowledge and agree that Combyte Textile is not liable for any loss or damage which may be incurred by you as a result of the availability of said Third Party Material , or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, Third Party Material or websites/links to third party web sites whether the Third Party material is user-generated or otherwise

With respect to all Third Party Material, in no manner shall the display of Third Party Material on the Website be construed as a warranty and a disclaimer of warranty (hereinbelow) shall apply to such material including links to third party websites or microsites. You agree that we have no control over and that We assume no responsibility for the content, privacy policies, or practices of any third party websites and microsites (yielding from access to Third Party Material on the Website whether by direct link to such website or otherwise) and for the purpose for determining how they collect and use your personal data. By using the Website and Services, you expressly relieve Us from any and all liability arising from your use of the Services and access of the Website and consumption of Third Party Material whether on the Website or on their respective third party websites. Accordingly, we encourage you to be aware when you move out of the Website and to read the terms and conditions and privacy policy of each other website that you visit.

If you enter into correspondence, interactions or engage in commercial transactions or any other transaction with third parties from your accessing of Third Party Materials on the Website including but not limited to vendors/ suppliers, advertisers etc. (“Third Party Interaction”)  We, Combyte Textile are completely absolved from all responsibility and any liability or claim that may arise from such Third Party Transaction. You agree that You are entering into Third Party Interaction at your own risk, by your own volition and the initiation of said Third Party Interaction is based in no way on construing the Third Party Material display on Website as an endorsement of fitness for use or quality of said third party.

product promises & compulsion

All content, products, and services on the Website, or obtained from a website to which the Website is linked, are provided to you “as is” without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

All warranties, if any, relating to the product and services would be provided by the vendor/supplier of such product/services and Combyte Textile is not responsible for the same in any manner whatsoever. Any claim in relation to the same should be raised against respective manufacturer/supplier directly.

Combyte Textile, its agents, affiliates and employees shall not be liable for any damages of any kind arising out of or in connection with the use of the Website or the purchase of products or availing of Services displayed on the Website. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Loss / damages / reimbursement

Combyte Textile makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Combyte Textile assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Authority

Combyte Textile and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Combyte Textile.

The mark “Combyte Textile” “Combyte” and the contents of the Website are the sole property of Combyte Textile Private Limited. Reproduction in whole or in part is strictly prohibited without the expressly written permission of Combyte Textile.

All names, logos, and images on Combyte Textile constitute trademarks and/or copyrights of Combyte Textile or the respective content owners. None of the material may be reproduced without written permission of the owner. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of the respective vendor / supplier and Combyte Textile is expressly prohibited.

Compensation

Combyte Textile is not involved in transactions between users and vendors/suppliers or other any other participant dealings and therefore, if a dispute arises between one or more participants, each of you release Combyte Textile (and its agents, affiliates and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You agree to defend, indemnify and hold harmless Combyte Textile, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Combyte Textile or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms.

Changes

Combyte Textile reserves the right from time to time to make modifications and changes to the Website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any product displayed or service offered by, or through Combyte Textile with or without notice. You agree that Combyte Textile shall not be liable to you or to any other party for any changes and modifications to the Website.

Expiration / cease

Combyte Textile may terminate your access to the website, including your user account and any material and information associated with your user account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the Intellectual Property clause of these terms. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Combyte Textile and that Combyte Textile shall not be liable to you or any other party for the termination of your access to the website.

JURISDICTION

The Terms and the relationship between you and Combyte Textile shall be governed by the laws of India. You and Combyte Textile agree to submit to the exclusive jurisdiction of the courts of Gurgaon Haryana India.

International Shipments

For overseas international Shipments, different pricing and transit time may apply depending on the product specifications and mode of shipment. For more information you can email at support@combyte.in for best price quote, shipping charges and transit time. Combyte Textile will quote the prices, shipping charges and delivery time on email

For international shipments delivery time depends on destination and weather conditions. Combyte Textile will make every effort to complete the orders and hand over to logistics or courier company as per agreed terms, however Combyte Textile is not liable for any delay in delivery by the logistic company and courier company.

For more info email at support@combyte.in

Shipping & Delivery

 Dear Shoppers

We are accepting orders in your area. All government guidelines and safety precautions are being followed to ensure your well-being. Delivery may vary due to containment zones and lockdown areas.

 Shipping terms

Unless otherwise mentioned all freight charges on all shipments, demurrage, or any other costs are to be paid by Buyer during checkout or on a To PAY basis to the Transport company or shall be informed to the buyer separately where and how to pay. All outgoing shipping and handling charges on all shipments from COMBYTE TEXTILE to User(s)/Buyer shall be borne by User(s)/Buyer unless stated otherwise. Any difference in the amount of freight from that shown on the invoice as being included is for Buyer’s account. COMBYTE TEXTILE reserves the right to designate origin and intermediate carriers. If a specific delivering carrier is required, Buyer must designate such carrier in writing to COMBYTE TEXTILE prior to shipment and the Buyer will pay all charges in such a situation.

If a non-delivery or late delivery occurs due to a mistake by the User(s) due to wrong or incomplete name or address or recipient not available or any other related reason than any extra cost spent by (COMBYTE TEXTILE) for re-delivery shall be claimed from the User(s).

COMBYTE TEXTILE may split up the orders in to different packages according to size and availability in case of multiple items ordered together, and may shipped through different logistics companies at different times.

For International locations except India, please email at support@combyte.in for exact quote on price, shipping charges and delivery time.

 

Goods / Order/ Product delivery terms

Delivery dates are approximate and are based upon prompt receipt of all necessary information from User(s)/Buyer and Suppliers/Vendors. Unless otherwise agreed in writing by COMBYTE TEXTILE, delivery will be made and title will pass to Buyer point of dispatch. COMBYTE TEXTILE has taken end to end Insurance cover for all shipments made between supplier and buyer. Delivery times mentioned on the COMBYTE TEXTILE website are estimated and actual delivery time for the products to be dispatched depends upon stock availability, correct address, city/area to be delivered, logistics, etc. However every effort will be taken to deliver all products within 7 working days. In case, the orders cannot be shipped with in prescribed time, COMBYTE TEXTILE will inform the user(s)/buyer. Orders will not be processed, dispatched or delivered on Sunday and other public holidays.

International shipments are processed in 7-10 working days and delivery time depends on the destination. COMBYTE TEXTILE will make every effort to complete orders and hand it over to the logistics company as per the agreed delivery terms, however COMBYTE TEXTILE is not liable for any delay in delivery by the logistic company post the handover of the consignment to them.

*All days are mentioned as working days.

*For North East, Jammu and Kashmir and Kerala ( Any Remote area) – Separate Delivery period will apply. Kindly email support@combyte.in for any further information.

At Combyte Textile we strive to achieve fast, safe and reliable transportation of products to customers. For achieving this, we do necessary inspections, quality packaging, partner with the right logistics partners and communicate shipping status to customers. In case of any queries please email us at support@combyte.in

Tracking number for all orders are usually updated on the Combyte Textile website and further be sent via email and or SMS after about 24 hours of dispatch. Sometimes, Combyte Textile may be able to provide the tracking status prior to the logistics company who usually take about 12 hours to update details on their website tracking.

Please note that the delivery times mentioned on our website are estimated and actual delivery time is based on availability of product; address where product is to be delivered, logistics, etc.

Combyte Textile shall not be liable for any failure or delay in manufacture, shipment or delivery of products resulting from any cause beyond COMBYTE TEXTILE’s’ control, including, but not limited to, provisions of law or governmental regulations, accident, explosion, fire, windstorm, flood or other casualty, strike, lockout, or other labour difficulty, riot, war, terrorist acts, insurrection, shortage of or inability to secure labour, raw materials, production or transportation facilities. Shipping dates are approximate and are based upon availability. COMBYTE TEXTILE shall not be liable for failure or delay in performance. In the event of such delay, there will be no termination and the date of delivery shall be automatically extended.

If a non-delivery or late delivery occurs due to a mistake by the User (i.e. wrong or incomplete name or address or recipient not available or any other related reason) any extra cost spent by COMBYTE TEXTILE for re-delivery shall be claimed from the User.

Damages in shipping / logistics

COMBYTE TEXTILE as a standard practice insures all shipments and in case there is a loss or damage on any products, please hold onto them along with the original packaging, and email us the photographs of them at support@combyte.in. COMBYTE TEXTILE will contact Logistics Company/ Insurance Company on the Buyer’s behalf and file an insurance claim after receiving all the needed information from the Buyer. Once Logistics Company/ Insurance Company has approved and paid the claim to COMBYTE TEXTILE, we will forward the applicable amount to the buyer. However in case the claim is not approved or made less than the requested amount there is nothing that COMBYTE TEXTILE can do and the buyer will have to take the matter directly with the Logistics Company/ Insurance Company. COMBYTE TEXTILE is not responsible for products lost or damaged during shipping or any other losses suffered by the user(s)/buyer.

Payment, Pricing and Taxes

billing and pricing

Prices are subject to change without notice, and are determined at the time of shipment. Unless specified all quoted prices are exclusive of all Taxes, Local Levies, GST, EWAY, VAT, Octroi, Entry Tax, and Duties etc.

EWAY, Octroi or Entry Tax where applicable will be charged and will be collected based on the Invoice value by the logistics partner on behalf of the local government authority along with any additional service charges during the delivery. Combyte Textile Pvt Ltd. (COMBYTE TEXTILE) is not liable to collect any Octroi and Entry Tax and it is the responsibility of the buyer to pay the same to the collection /delivery agent where ever applicable.

User(s) can get additional discounts by using discount vouchers provided by COMBYTE TEXTILE or by authorized third parties; promotional offers provided by COMBYTE TEXTILE for specific time period; for some specific products on repeated purchases; and during some seasonal periods. Unless previously specified only a single voucher can be used at one time. Provision of discount vouchers or free gifts are under sole description of COMBYTE TEXTILE and COMBYTE TEXTILE can at any time refuse to accept/honour a voucher without giving any decision and the same cannot be challenged under any circumstances.

PAYMENT support

Standard Terms and Conditions of Sale Products and services sold are expressly subject to the terms and conditions set forth herein and at the COMBYTE TEXTILE website www.shop.combytete.in not withstanding any contradictory terms of the user(s)/buyer(s) purchase order. In the event of any conflict between the terms and conditions of sale set forth herein and those set forth at the Combyte Textile website shall prevail. No person has the authority to alter these terms other than an authorized officer of Combyte Textile Pvt Ltd., and any such alteration must be in writing. Buyer’s acceptance of products constitutes acceptance of these terms and conditions of sale.

Taxes

GST, EWAY, VAT, CENTRAL SALES TAX AND SALES TAX DECLARATION FORMS

COMBYTE TEXTILE invoices all transactions and charge all taxes (CGST/SGST/IGST/UTGST) whichever applicable as per regulation. COMBYTE TEXTILE charges GST depending on the products being shipped.

EXCISE DUTY

COMBYTE TEXTILE will charge excise duty if applicable. Excise is either included in price or separately displayed at time of checkout, whichever is applicable. COMBYTE TEXTILE can provide excise duty documents upon request and subject to availability and user(s) are requested to email customer support at support@combyte.in. COMBYTE TEXTILE offer tax invoice along with retail invoice where requested.

PAYMENT METHODS

  1. COMBYTE TEXTILE accepts payments via Credit / Debit Card / Net banking / UPI / PayPal / Cash Deposit / Demand Draft
  • For Direct Deposit in COMBYTE TEXTILE bank account please find below bank details for Combyte Textile Pvt Ltd.

A/c Name : Combyte Textile Pvt Ltd.

Current A/c No. 9311969358

Bank Name : Kotak Mahindra Bank

Branch : DLF Phase – 1(Arjun Marg ) Gurgaon Haryana India

IFSC Code : KKBK0004253

Swift Code : KKBKINBBXX

PAN No. : AAGCC4364E

A/c Name : Combyte Textile Pvt Ltd.

Current A/c No. 000263400001698

Bank Name : Yes Bank Gurgaon

Branch : Sector 15, Gurgaon

IFSC Code : YESB0000002

Swift Code : YESBINBB

PAN No. : AAGCC4364E

  •  Demand Draft delivered to COMBYTE TEXTILE Gurgaon office

The user can send the Demand Draft to the COMBYTE TEXTILE office address. The Demand Draft should be in favour of ‘Combyte Textile Pvt Ltd.’ payable at Gurgaon. Please send your Demand Draft at Combyte Textile Pvt Ltd., K11/17, Vatika India Next, Sector 83, Gurgaon Haryana 122004 India by speed post or registered post or courier. COMBYTE TEXTILE cannot claim responsibility if sent through normal mail and once sent please send us an email on support@combyte.in or accounts@combyte.in informing us the following details:

  • Order Number along with the date of order
  • Demand Draft details
  • Amount
  • Kindly write your email address, Order Number and date of order behind the payment instrument. The order will be authorized and dispatched after payment is credited.
  • Please note:
  • The payment will be considered approved only after clearance from the bank
  • Online fund transfer (NEFT/ RTGS) is to be made to the mentioned bank a/c only
  • Bank Transfer (Online or Offline) will be cleared by next day only
  • Cash/Demand Draft can be deposited at the nearest Indian bank branch.

Should the financial responsibility of Buyer at any time become unsatisfactory to COMBYTE TEXTILE, COMBYTE TEXTILE shall have the right to require payment for any shipment on the provision of satisfactory security. If Buyer fails to make payment in accordance with the terms of this agreement or fails to comply with any provision hereof, COMBYTE TEXTILE may at its option, in addition to any other remedies, cancel any unshipped portion of an order and other pending orders. Buyer shall remain liable for all unpaid accounts. In the event Buyer fails to make payment in accordance with the terms of this agreement, the account shall be deemed to be delinquent and a late charge of Two percent (2% per month) will be assessed on the unpaid balance. Buyer agrees to pay all collection costs and expenses, including reasonable legal fees, incurred by COMBYTE TEXTILE in collecting or attempting to collect such account.

Delay due to unwanted reasons

Combyte Textile shall not be liable for any failure or delay in manufacture, shipment or delivery of products resulting from any cause beyond COMBYTE TEXTILE’s’ control, including, but not limited to, provisions of law or governmental regulations, accident, explosion, fire, windstorm, flood or other casualty, strike, lockout, or other labour difficulty, riot, war, terrorist acts, insurrection, shortage of or inability to secure labour, raw materials, production or transportation facilities. Shipping dates are approximate and are based upon availability. COMBYTE TEXTILE shall not be liable for failure or delay in performance. In the event of such delay, there will be no termination and the date of delivery shall be automatically extended.

If a non-delivery or late delivery occurs due to a mistake by the User (i.e. wrong or incomplete name or address or recipient not available or any other related reason) any extra cost spent by COMBYTE TEXTILE for re-delivery shall be claimed from the User.

WARRANTIES

The products and/or services covered hereby conform to the description and specifications accepted by COMBYTE TEXTILE with respect to the products, if any; provided, however, product dimensions and/or quantities are subject to change. Combyte Textile warrants that for a period of 2 days from date of receipt of products, all other warranties are excluded, whether express or implied, by operation of law or otherwise, including but not limited to all implied warranties of merchantability or fitness for a particular purpose. COMBYTE TEXTILE shall not be liable for incidental or consequential damages directly or indirectly arising or resulting from the breach of any of the terms hereof or from the sale, handling or use of the products sold. COMBYTE TEXTILE liability hereunder, for breach of warranty, negligence or otherwise, is expressly limited at the option of COMBYTE TEXTILE:

a) To the replacement at the agreed point of delivery of any products found to be defective or not to conform to the specifications set forth herein within 15 working days,

b) To the repair of such products, or

c) To the refund or crediting to buyer of the price of such products.

COMBYTE TEXTILE is a distributor, and not a manufacturer of products. Accordingly, any warranty of quality, merchantability or fitness for a particular purpose is that of the manufacturer/supplier only and not that of COMBYTE TEXTILE. COMBYTE TEXTILE agrees to use commercially reasonable efforts to cause its manufacturers/ suppliers to furnish products that will be free from defects in material and workmanship, will be free from patent infringement and will be merchantable. Should the product fail to meet any manufacturer’s warranty, then upon notification thereof and substantiation that the product has been stored, installed, maintained and operated in accordance with manufacturer’s recommendations and standard industry practice, COMBYTE TEXTILE shall assist buyer in obtaining suitable repair or replacement, or other remedy, as provided in the applicable manufacturer’s warranty.

MODIFICATION

Unless user(s) and COMBYTE TEXTILE have specifically executed a supply agreement for the purchase and sale of products, there are no terms, conditions, understandings or agreements between user(s) and COMBYTE TEXTILE other than those stated herein and all prior proposals and negotiations are merged herein. No terms and conditions in any way altering or modifying the provisions hereof shall be binding upon either party unless in writing and signed by an authorized representative of such party. No modification or alteration of the provisions hereof shall result from COMBYTE TEXTILE shipment of material following receipt of user(s) purchase order, shipping order, or other forms containing provisions, terms and conditions in addition to or in conflict or inconsistent with the provisions hereof.