The equipment supplied hereby is the sole property of RAC IT SOLUTIONS PVT. LTD. / RAC INFRA RENTAL (referred to hereinafter as the company or the firm or RAC) and is given to you, the client, for rent for the duration specified on the obverse hereof / Invoice / Purchase Order / Contract / Agreement, as the case may be. No charge / lien / encumbrance can be created thereon in favour of any third party / bank / creditor. The equipment must be made available, at all reasonable times, for inspection by RAC and/or RAC’s bankers. A ‘no lien cum free access’ letter be issued to RAC’s bankers, if required.
Value Added Tax (VAT) & Service Tax Or GST shall be charged extra if and as applicable from time to time.
Payment: Rent for the applicable period is payable in advance, along with P.O. / R.O. Billing shall be on calendar-month basis with pro-rata billing for broken period; except for software under Microsoft SPLA which shall be billed for on 30-days’ cycle basis. Payment will be accepted in INR by way of Cheque/DD/NEFT/RTGS. If payment is made in any other currency, transfer & transaction charges shall be borne by the client. Delivery will be effected upon realization of payment along with valid Tax Invoice copy. Re-submission of Invoice or extra copy the invoice shall cost the client Rs.250/- per instance / invoice. In case of early termination of the contract due to any reason whatsoever, the client shall pay the agreed rental charges for the remaining period or for the period till the date of return of the equipment, whichever is later. Any delay in payment would attract interest @18% p.a. Non-payment of agreed rental and/or overdue interest shall be sufficient grounds for RAC to take back the equipment and/or to encash PDCs, if any taken and/or to forfeit security deposit, if any taken and / or to opt for any other legal recourse.
It is the client’s responsibility to give minimum 15 days’ written notice for extension/return of the equipment. The onus of issuing Extension P.O. or authority to take back the rented equipment at the end of the agreed period well before such expiry shall rest solely with the client. In case of servers for rent, the minimum notice period for extension/return is 1 month. If neither the Extension P.O. nor the authority to take back the rented equipment is received by RAC before expiry of the agreed period, it will be presumed that the client intends to continue the rental arrangement on the same terms & conditions mentioned in the expired P.O. / Extension P.O. No free extensions will be given for data back-ups. Clients are requested to take data back-ups and format the storage device/s before returning the rented asset. Customer will be charged for every single day of extension, unless written permission has been obtained from RAC’s authorized employee. Pro-rata rental will be charged by RAC for the no. of days extended beyond committed rental duration. The date of client’s gate pass or date of release of material to RAC by government authority concerned, whichever is later shall determine the duration for billing. RAC will under no circumstances be responsible for any losses, direct or indirect, arising due to data loss.
Order once placed cannot be cancelled under any circumstances.
This arrangement is in the nature of Rent / OPEX of only the hardware and no software will be pre-loaded, unless it is specifically mentioned and agreed that software product/s/OS are part of the arrangement. In either case, all software is warranted in accordance with the license agreement that governs its use.
Please receive the equipment in good condition only. Once accepted, it will be assumed that the goods have been received in good condition & as per the P.O. or requirements.
The clients are expected to take as much care of the rented equipment as they would if the equipment was their own. Compensation, as per prevalent market price, towards any physical damage like breakage, burns, cuts, etc., or for complete loss due to any reason, shall become payable immediately by the client who shall accept quotation & proforma invoice for the same as soon as raised by RAC and release payment thereagainst immediately. Rental for such products will continue till full payment towards such compensation is received by RAC.
Insurance for the equipment supplied is the Clients’ responsibility.
All our hardware equipment will be maintained strictly by us and/or thru’ us under manufacturers’ warranty. Service calls related to data, viruses or software as well as reinstallation of OS with client’s licensed OS version will be charged @ Rs 500/- per call for desktops & laptops and Rs 4,500/- for servers. However, it is explicitly agreed that RAC and/or its employee/s will not be responsible, financially or otherwise, for any loss of data, application licensing, etc., while reinstallation of OS, driver or while doing troubleshooting primarily to make system work. The client shall keep backup before initiating installation or reinstallation. The equipment should not be shifted / opened / serviced for whatsoever reason by the client without prior written permission from RAC. Any call logged as Hardware Call and found as software related call will be charged @ Rs 500/- per call for desktops & laptops and Rs 4,500/- for servers. Losses caused to the equipment due to handling by unauthorized person will have to be compensated by the client immediately.
In case of any damage or losses to RAC assets during the transportation arranged by the clients, the client will compensate the replacement value of the equipment immediately as detailed in condition h) herein above.
The equipment will be delivered within the city limits of RAC’s offices in India, i.e., at Mumbai, Pune, Bengaluru, Kolkata, Chennai, New Delhi & Hyderabad only. Transportation charges extra applicable if delivery is required out of city limit. Octroi, if any, will be charged extra as per actual. Client must give full co-operation for documentation like transit forms, ‘C’ form, etc., as applicable.
Any alteration to these terms & conditions can be made only in writing & subject to the written consent of both the parties.
Client must keep RAC informed in writing of any change in their constitution / ownership / business address / hierarchy in all departments concerned / location of RAC’s assets / indicating any material information.
The company is only responsible for the equipment supplied and not for any software related problems. Software, INTERNET & VIRUS related problems as well as upgradation / updation of OS and/or software is not RAC’s responsibility. If any equipment of RAC is seized for piracy of software, violation/s of licenses, infringement of copyright/s; the client is responsible to pay to RAC the replacement cost of the rented equipment.
RAC will not be responsible for any loss of data that may be caused due to hard disk failure or any other machine failure. The client is advised to take regular back-ups to avoid loss/corruption/damage of/to data and/or OS licensing and/or Application Program licensing, etc.
RAC reserves the right to take back the rented equipment without prior notice in the event of breach of any of the terms & conditions enumerated herein. In such an event, it is understood and agreed that the client shall not obstruct RAC’s authorized employee’s entry in the client’s premises for the said purpose during any working day.
Request for transfer of ownership of equipment will not be accepted.
The client will extend full support for inspection and periodic maintenance of our equipment as & when required. The client shall allow the RAC’s authorized employees to enter into client’s premises and inspect the rented equipment anytime during the office hours, with prior intimation.
The client undertakes to use the equipment supplied, including smartphones, tablets, etc., only for legal & lawful use. Before returning the equipment, the client shall remove all password protection, if any, including ‘power on’ password and BIOS password.
Dispute/s arising out of the present arrangement shall be subject to the arbitration proceedings as provided under the Arbitration and Conciliation Act, 1996 and the said Arbitration and the proceedings arising there from shall always be subject to Mumbai Jurisdiction only.
FORCE MAJEURE: If at any time during continuance of contract, the performance in whole or any part of any obligation under this contract be prevented or delayed by reason of war, hostility, act of God, act of public enemy, civil commotion, sabotage, fire, major floods, fire, explosion, epidemics, quarantine restrictions, strikes, lockouts, earthquakes, government action including approvals and procedures with respect to project clearance/licensing, etc., delay in customs clearance (hereafter referred to as event or events), the work under the contract will be resumed as soon as practicable after such an event / events has/have come to an end or ceased to exist. The delivery date will be assumed extended for the equivalent period without RAC incurring liquidated damage/s.
All rights, title or interest in respect of the intellectual property rights in the software remain with Manufacturer/Service Provider or the licensor of the software/hardware at all times.
If any of the terms & conditions mentioned here is/are at variance or inconsistent with those agreed / mentioned in the Invoice/ Purchase Order / Contract / Agreement, as the case may be, those in the latter shall prevail.
