Terms and Conditions

Where Moon Shine, is a licensed Building & Construction Material Supplier or Service Provider and the client enters into a written contract, the client is bound and shall agree to our following terms and conditions:

Incorporation of Preamble
The Preamble shall be considered an essential fragment of this Contract and shall always be read together with it.

Definitions

• In this Contract, the terms stated below have the following meanings and understanding:
• General Terms and Conditions’ mean the countersigned General Terms and Conditions of MOON SHINE.
• Force Majeure’ means, in relation to either party, unforeseeable circumstances beyond the reasonable control of that party including but not limited to war, war like conditions, freight embargos, storms, riots, civil commotion, floods, earthquakes, strikes, lock-outs or other forms of industrial action, government orders or restrictions, hostilities, mobilization, blockage, revolution, looting, fire, leakage or bursting of tanks or pipes.
• ‘Parties’ means MOON SHINE and Client separately, also referred to as ‘Party’ and/or ‘Parties’.
• Contract’ means the agreement for the scope of work.

Supply & Services

The subject of this contract is the supply and services to be rendered by MOON SHINE, to the customer only as per these General Terms and Conditions.

The Parties agree to the scope of services to be provided as per the contract and the scope of work may be extended as both the parties agree in writing under these General Terms and Conditions.

In cases where the Client has inaccurately stated the number of pieces, size or number of assets or scope of work requiring our supplies and services, we will change and re-submit the agreement with an invoice for the difference.

General Terms

MOON SHINE’s site personnel shall be granted free use of water and electricity and free access to any part of the premises. Any furniture or items or belongings of value should be removed from the immediate area of work in order to perform and execute the necessary tasks under this agreement.

The Agreement shall be valid for a primary term as may be agreed mutually and shall begin on the starting date under these General Terms and Conditions. This primary term is renewable for an additional term upon agreement (in writing) prior to the end of the primary term.

In the case of a complaint regarding the provided services, the customer should register with our Director – Projects in writing.

Any changes – additions or omissions – made to this Agreement by the Client shall be rendered invalid, unless agreed in writing based on these General Terms and Conditions.

Commencement & Duration

This Contract shall come into force with immediate effect once both the Parties have affixed their signatures and payment is received by Moon Shine.

General Terms of Payment

When the contract is signed, the client shall strictly adhere to the stipulated payment terms besides issuing a Cheque worth the value of the contract amount (less the advance received if any) as “Security Deposit” against our official receipt, returnable after completion.

As agreed in this contract, payment for the services shall be made in advance according to the payment terms and conditions.

Any post-dated Cheques (PDC) will be banked on the dates stated.  Any rejected cheques or non-subsequent payments will render the agreement void and services will cease on the due date unless rectified and mutually agreed upon.

Refunds & Termination

The individual merits of each case shall be the basis for any refunds, and shall be at the Management’s discretion.

Contract Amendments

The unanimous consent of both parties in writing shall be required prior to any amendments to this Contract.

Title

The title of the goods and services rendered at the project, as per contract, shall vest with MOON SHINE until transferred to the client in writing.

Choice of Law & Jurisdiction

This Contract is subject to the laws of the Vadodara Court. Any dispute arising out of, or in connection with this Contract, including any question regarding its existence, validity, interpretation or termination, shall be referred for amicable settlement by a nominated senior representative of each Party within sixty (60) days of a Party first giving notice of the dispute. If amicable settlement is not reached within such time period (or longer period agreed in writing by the Parties), it shall be referred to the exclusive jurisdiction of the Courts of Vadodara.

Upon acceptance of this contract requesting our services, each party irrevocably submits to the jurisdiction of Vadodara Courts and waives any objection it may have to disputes arising out of, or in connection with this contract being heard in the Courts of Vadodara, on the grounds that it is an inconvenient forum. This contract shall be governed by and construed in accordance with the law of India.

Agreed Obligations

No other obligations/services, either impressed, implied, or inferred, during any communications (including meetings), is included in the contract/contract price, unless detailed in the contract document.

Copies

Our contract will be issued in 2 (two) copies. One copy is given to the Client and the other Copy is for MOON SHINE as Service Provider.