Terms and Conditions
SILRES Energy Solutions Private Limited (“SILRES”) is entitled to use the brand name, “SunEdison”. Accordingly, reference to ‘SunEdison’ the customer proposal means and refers to SILRES. The customer proposal consists of conﬁdential and proprietary information of SILRES which shall be treated as SILRES’s conﬁdential and proprietary information by the Customer. The information in the Proposal can be used by the Customer only to evaluate the terms of the Proposal and to execute a ﬁnal agreement with SILRES/its afﬁliates. The Customer shall not, without the prior written conﬁrmation of SILRES disclose any information of SILRES/SunEdison Group, including the customer proposal and its contents, with a third party. The customer proposal and all supporting documents provided to the Customer along with it shall remain the sole property of SILRES.
Intellectual Property Rights
Nothing contained herein shall at any time during the term of the customer proposal or after the expiry or earlier termination thereof give or be deemed to give or confer upon Customer, any right, title or interest or claim in or to the intellectual property rights belonging to SILRES. All intellectual property rights related to the products and services of SILRES shall continue to vest solely and absolutely in favour of SILRES. No licenses or rights are granted either directly, by implication, or otherwise under the customer proposal. SILRES shall be entitled to afﬁx the logo of ‘SunEdison’ upon the system (or any part thereof) installed by SILRES for the Customer. SunEdison website, it’s URL and related items are responsibility of SILRES.
Relationship Between Parties
The Proposal shall not be construed as a partnership or association of persons. There is no agent and principal relationship between the parties. Each Party shall be responsible for its own conduct. The customer proposal shall not create nor give rise to an obligation to create a purchase and sale agreement or other formal relationship.
- If there is a defect in the modules, SILRES shall without delay, at its own cost, remedy the breach or defect.
- SILRES is not liable to remedy breaches or defects that have been caused by the actions (or lack thereof) of the Customer or external factors not attributable to SILRES.
- If SILRES fails to remedy the breach or defect in the modules within 15 (ﬁfteen) days of having received a written notice from the Customer, the Customer is entitled to remedy the breach or defect itself or have it repaired by a third party at the cost of SILRES subject to the terms of the proposal/customer contract.
- The Customer shall notify SILRES of any defects in the functioning of the modules within 10 (ten) days of such occurrence of such defect. If the Customer fails to notify SILRES within the aforesaid period of 10 (ten) days of such defect, the Customer shall lose its right to present claims and SILRES shall not be liable to rectify any defects or have any responsibility to the Customer in respect there of.
- Refund, cancellation, delivery, delayed payment policy will be as per the invoice / proposal / final contract between the customer and SILRES.