Quotation - Roft Sensor
Topics covered
Quotation - Roft Sensor
Topics covered
Subject:-
We thank you for the valued enquiry. In response to this, we are pleased to enclose herewith our offer along with
technical details, model de-codification sheets and terms & conditions for your kind perusal.
We trust that this techno-commercial offer fulfills your expectation. Please do contact us for any further information.
Your's sincerely,
for Endress + Hauser (India) Pvt Ltd.
Nishant Choudhary
Sales Engineer
Telephone : +91 265 2602200
E-Mail: [email protected]
Encl. a/a
Regd Off:
Endress+Hauser (India) Pvt. Ltd. Telephone (022) 68503100 Deutsche Bank AG, Mumbai
Page 1 of 11
7B,7th Floor,Godrej One,Pirojshanagar Telefax (022) 68503219 Current A/C No. 0518191000
Off Eastern Express Highway Email:[email protected] Bank / Branch Code: 002
Vikhroli(East), Mumbai--400079 Website: http://www.in.endress.com NEFT/RTGS:DEUT0784BBY ,SWIFT Code: DEUTINBBXXX
Date: 30.01.2025 Quotation No. 2009443693
______________________________________________________________________________________________________
Page 2 of 11
Date: 30.01.2025 Quotation No. 2009443693
TECHNICAL ANNEXURE
____________________________________________________________________________________________________________
Item Qty Unit Ordercode HSN/SAC Code
Description Customer Reference
____________________________________________________________________________________________________________
0020 1 PC FDU90-10R4/0
FDU90-RN2AA
Prosonic S FDU90
Level, ultrasonic, contactless.
Sensor for connection to FMU90/FMU95.
Application: liquids, solids.
Sensor: PVDF.
Measuring range: 3m/9ft (liquid),
1.2m/3ft (solid).
Temperature: -40...80oC/176oF.
Pressure: 4bar/60psi abs.
Blocking distance: 7cm/0.3ft.
Protection class IP68 NEMA6P.
:: High availability:
Self cleaning effect of sensor membrane.
R Approval: Non-hazardous area
N Process Connection: Thread ANSI, PVDF rear side
NPT1, front side NPT1-1/2
2 Cable Length: 10m/32ft
A Heater: W/o
A Additional Option: Basic version
______________________________________________________________________________________________________
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Date: 30.01.2025 Quotation No. 2009443693
SUMMARY
____________________________________________________________________________________________________________
Item HSN/SAC Code Order Ident Qty Unit Basic Price Total Basic CGST SGST IGST
Customer Reference ExtOrderCode Per Unit Value #
Description INR INR
____________________________________________________________________________________________________________
FDU90-10R4/0 1 PC
FDU90-RN2AA
Prosonic S FDU90
____________________________________________________________________________________________________________
Grand Total 38,677.00
____________________________________________________________________________________________________________
Total Basic Value 38,677.00
Total Freight 1,547.08
Total Packing 0.00
Total Insurance 0.00
Total Taxable Value 40,224.08
Total CGST 0.00
Total SGST 0.00
Total IGST 7,240.33
Total 47,464.41
____________________________________________________________________________________________________________
Amount in words : FORTY SEVEN THOUSAND FOUR HUNDRED SIXTY FOUR Rupees FORTY ONE Paise
____________________________________________________________________________________________________________
# Note: Basic value does not include CGST/SGST/IGST. Any such taxes/duties will be charged extra according to the
prevailing rate on the date of supply. This is subject to commercial terms & condition and general terms & condition on
detailed subsequent page.
Regd Off:
Endress+Hauser (India) Pvt. Ltd. Telephone (022) 68503100 Deutsche Bank AG, Mumbai
Page 4 of 11
7B,7th Floor,Godrej One,Pirojshanagar Telefax (022) 68503219 Current A/C No. 0518191000
Off Eastern Express Highway Email:[email protected] Bank / Branch Code: 002
Vikhroli(East), Mumbai--400079 Website: http://www.in.endress.com NEFT/RTGS:DEUT0784BBY ,SWIFT Code: DEUTINBBXXX
Date: 30.01.2025 Quotation No. 2009443693
6.Goods & Service Tax(GST) : 1) Goods & Service supplied by us to customer will be subject to applicable Central/
State/Integrated or Other GST Taxes as applicable. Such Taxes as per provisions of GST
laws will be charged separately & borne by the customer.Tax rates are subject to applicable
law prevailing at the time of supply of such goods & Services.
2)In case of "Bill To"-"Ship To" transaction, GST shall be charged on the basis of Bill
to party i.e Principal place of business of person giving direction for delivery of goods
as per applicable GST Laws.
3)In case of "Composite supply of Goods & Services" Services (comprising two or more
goods or services, which are naturally bundled),GST tax of principal supply of goods
shall be applied on composite supply as per section 2(30)of CGST Act read with Section
8(a) of CGST Act.
4)In case of "Mixed supply of Goods & Services for single price (comprising two or
more supplies, which can be supplied separately)", GST tax of item which has the
highest rate of tax shall be applied on Mixed supply as per section 2(74) of CGST Act
read with section 8(b)of CGST Act.
5)In case of "Composite or Mixed supply with installation, erection & commission",GST
shall be charged on the basis of place of installation (ship to party)as per section 10(1)
(d)of IGST Act.
6)Input Credit will be available in the state as per Details of Recipient ("Bill to Party")
mentioned in the invoice as per GST Laws.
7.Special orders/Exemptions
(under GST) : Special orders/ Exemption (under GST):
1) Direct Export : IGST 0% (NIL) as per section 16 of IGST Act.
2) Supply to a SEZ Developer /unit : IGST 0% (NIL) as per section 16 of IGST Act
against required statutory documents.
3) High Seas Sales-IGST not applicable vide Circular No.33/2017- Customs dated 01 August
2017, Consignment will be cleared by customer from the Indian Customs Authority at their
cost & be liable for payment of all applicable tax & duties & they shall undertake to provide,
copy of HSS agreement along with Copy of bill of entry within 45 days from the date of your
invoice to facilitate compliance requirement. Generally, HSS agreement is needed before
customs clearance.
4) Third country Shipment/Drop shipment : For shipments delivered outside India from
Foreign supplier (Third Country Shipments) Customer shall undertake to provide,copy
of foreign Inward Remittance Certificate (FIRC) & self-declaration letter within 45 days
from the date of your invoice or any other documents required by RBI for facilitating
Inward/Outward forex remittance.
5)Merchant Export: For merchant export cases benefit @ IGST 0.10% or CGST0.05% +
SGST 0.05% is available as per notification No. 41/2017 -Integrated (rate) & No. 40/2017-
Central tax (rate) dated 23.10.2017. Customer has to provide the undertaking as per the format
given along with PO copy Customer to export goods & provide proof of export & shipping
documents within 90 days from date of invoice as per declaration.
6)For Supply to Scientific Research Institue: withdrawal of exemption of concessional GST Rate
vide Notification No. 11/2022 -Integrated Tax (Rate) & Notification No. 11/2022- Central Tax
(Rate) dated 13 July 2022.Regular GST Rate applicable as per HSN Code.
7)For supply to Government Authorities as Composite works contract ,in relation to pipeline,
conduit or plant for water, water treatment or sewerage treatment or disposal,withdrawal of
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Date: 30.01.2025 Quotation No. 2009443693
exemption of concession GST rate vide Clause (A)(I)(a) to Notification No. 3/2022-Central
Tax (Rate) dated 13 July 2022; and Notification No. 11/2022-Central Tax(Rate) dated 13 July;
2022 and Notification No. 11/2022-Central Tax (Rate) dated 13 July 2022 with effect from
18th July-2022.GST Rate IGST 18% & @ 9%CGST + 9%SGST is applicable for Works
Contract
Supply.
8)For Supply to Oil & Gas Companies against Essentiality Certificate from DGHC, at
concessional rate of tax @ 12% IGST as per Notification No.08/2022- Integrated Tax (Rate)
& concessional rate @ 6% CGST + 6% SGST as per Notification No.8/2022-Central
Tax (Rate) dated 13th July 2022 with effect from 18th July-2022. Customer shall
place order giving reference to the above notification & provide Essentiality certificate
before dispatch of goods.
8.Inspection : According to E+H standard Quality Procedures (Refer Condition No 8.2 of General
Terms and Conditions for further details), at customer cost.
9.Delivery Schedule : as per discussion with E+H Sales Representative
10.Road Permit/ Way Bill etc : By Customer, as applicable under GST or any other law for the time being in force at
the time of supply of goods, Any delay or costs arising there from, in delivery of the
ordered goods, on account of delay in submission of the said statutory forms will in no
manner be attributed to E+H.
11.Storage Charges : Storage charges at the rate of 1% per of week of the PO value shall be applicable
Any charges recovered from customer would also attract GST.
12.Remittances :
1) Kindly make all the payments from the options given below & Send the credit advice to
[email protected]
I)You can pay online using RTGS/NEFT
Our RTGS / NEFT details are as under:
Name: Endress+Hauser India Pvt. Ltd.
Bank name: DEUTSCHE BANK, Fort Branch
AC NO. : 0518191 000
IFSC CODE: DEUT0784BBY
II) You can pay using UPI (Unified Payment Interface)
III) You can also pay using our Payment Gateway of Razor Pay with multiple payment mode
options through
Debit card/ Credit card ( Master Card, Visa Card, Rupay, American Express ,Diners etc)
Net Banking ( HDFC, ICICI, Axis Bank etc)
Wallets ( Freecharge, Pazap, airtel, jiomoney etc)
EMI( HDFC, Axis Bank, ICICI)
UPI ( Google pay, Phonepay, BHIM, etc)
Pay later & Card less EMI (Zest, Bajajfinserve etc)
Page 6 of 11
Date: 30.01.2025 Quotation No. 2009443693
Page 7 of 11
Date: 30.01.2025 Quotation No. 2009443693
GENERAL TERMS AND CONDITIONS FOR THE DELIVERY OF GOODS AND SERVICES OF
ENDRESS+HAUSER (INDIA) PVT.LTD IN COUNTRY ("GTC")
1 SCOPE Upon written notice, we may withdraw from the confirmed as well as from all not-yet-performed
All deliveries of goods and products (jointly "Goods") and contractual services ("Services") of individual transactions and claim indemnification.
Endress+Hauser India Pvt. Limited shall be governed solely by these GTC unless differing conditions are All not-yet-due invoices for deliveries from which we have not withdrawn become due immediately, even
agreed upon in writing. when the default in payment does not apply to other contracts with the customer.
In addition to these GTC, special terms may apply if agreed upon in writing (as e.g. special terms for The customer must not set off any amounts due for payment to us unless accepted by us in writing.
software or special services). 6.2 PAYMENT ON CANCELLATION/ FAILURE TO TAKE DELIVERY
We may amend these GTC at any time with effect for the future. The valid issue of the GTC is always The customer agrees and acknowledges that the Goods and/or Services provided under this GTC and/or PO
published on our homepage (see: www.in.endress.com). are manufactured and/or customized in accordance with the specification provided by the customer. In the
The customer's terms and conditions of business are valid only to the extent that we confirm them in event, the customer delays or fails to take delivery of the Goods and/or Services for any reasons whatsoever
writing. beyond the grace period, we shall be entitled to claim compensation/liquidated damages and not penalty,
Notifications by fax or e-mail qualify as written form under these GTC. which the customer accepts and agrees to immediately pay irrespective of the payment terms and without
2 OFFERS AND CONTRACTS any demur or protest:
2.1 Our offers remain revocable and are not binding. Subject to our accepting the orders of Goods or 100% of the value of the Goods or Services under this GTC and/or PO;and
Services, the customer remains bound to his orders of Goods or Services from the date of the order's Default interest; and
arrival at our place of business. Storage/warehousing charges @ 1%/ week;
2.2 Contracts covered by these GTC do not come into force until we confirm the order in writing. Insurance, etc.; and
2.3 Technical data, illustrations, drawings, weights and dimensions accompanying the offer are not binding Dismantling charges, if any.
unless we have confirmed this in writing. 7 RETENTION OF TITLE
We reserve the right to make technical changes. The Goods remain our property until the price and all costs including but not limited to default interest,
3 DELIVERY storage charges, insurance, etc., if any, associated with the delivery have been paid in full to our complete
3.1 DEADLINE satisfaction. We are authorized and empowered to register retention of title with the competent agency in the
Unless a delivery deadline is agreed upon in writing ("Agreed Upon Delivery Deadline"), delivery applicable location at any time. Upon request,the customer must assist in the registration process. The
deadlines and dates, as well as delivery delays we report, are only estimates without legal force. customer must ensure that the delivered Goods are maintained and appropriately insured for the duration of
Correspondingly, with the reservation of Force Majeure according to Section 13 below, delays in delivery the retention of title period.
do not result in any rights to cancel the contract or to claim any other right to alter the legal relationship or 8 WARRANTY
to claim damages or penalties. 8.1 SUBJECT AND PERIOD
The Agreed Upon Delivery Deadline begins, at the earliest, when the order confirmation is sent, but not The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or
before all details concerning the execution of the contract are clear and all documents and authorizations to warranty made or given by or on our behalf that is not set out in this GTC. Any samples, drawings,
be supplied by the customer, as well as any agreed upon advanced payment have been received. An Agreed descriptive matter or advertising issued by us and/or any descriptions of the Goods or illustrations or
Upon Delivery Deadline is fulfilled when the Goods or Services are offered or delivered in time (see descriptions of the Services contained in our catalogues and/or brochures are issued or published for the sole
Section 4). purpose of giving an approximate idea of the Services and/or Goods described in them. The customer agrees
A customer's modification request is only valid if accepted by us in writing. In any case, it extends the and accepts that they shall not form part of GTC or have any contractual force.
delivery deadline until we have evaluated its feasibility and for the period of time necessary to manage the We warrant that on delivery and for a limited period of 12 months from date of Invoice or deemed delivery
amended instructions. ("Warranty Period")
3.2 DELAYED DELIVERY the Goods are free from substantial defects in design, material and workmanship; and
E+H shall endeavor to meet the Agreed Upon Delivery Deadline, however the customer agrees and the Services have been carried out in a professional manner consistent with general accepted industry
accepts that it will not be entitled to any penalty/compensation/damages for default of delivery beyond standards.
Agreed Upon Delivery Deadline unless otherwise expressly agreed in writing by us. We shall be We do not warrant the fitness of our Goods or Services for a specific application or purpose.
considered in default of delivery only after the written notification of the delay by the customer. This limited warranty is void if failure of the Goods and/or Services has resulted from failure to follow our
If an Agreed Upon Delivery Deadline cannot be met for reasons that are not our fault, we have the right to instructions as to the storage, installation, commissioning, use or maintenance of the Goods and/or Services,
store the Goods at the customer's risk and expense of 1% of the contract value of the Goods and/or as the case maybe, accident, abuse including but not limited to misapplication, negligence, abnormal use or
Services per week The customer hereby agrees and understands that after the expiration of a reasonable improper and/or inadequate maintenance by the customer and/or unauthorized maintenance or repair,
grace period of 4 weeks, we may, at our discretion, dismantle and/or sell the Goods, ordered and interfacing or supplies, unauthorized modification, improper use and/or operation outside the specifications
manufactured/customized in accordance with the specification provided by the customer, as scrap, or for the Goods and/or Services, disregard to our technical instruction, improper handling, defects caused due
resale, part or all of the Goods and withdraw from the contract and if the customer is liable for the delay, to repair/alterations or intervention by customers or third party. Any replacement Goods and/or Services
we may claim the compensation as more particularly contemplated under Section 6.2 and indemnification. will be warranted for the remainder of the original Warranty Period.
The customer is in default of acceptance if, for no valid reason, he does not accept, or refuses, or prevents, 8.2 INSPECTION, NOTIFICATION OF DEFECTS AND ACCEPTANCE OF THE GOODS AND
or in any other way obstructs the delivery of Goods or Services. In such cases we will, at our own SERVICES
discretion, be entitled to either withdraw from the contract or to deliver again at customer's expense. The All our Goods go through stringent quality checks and no prior inspection is necessary, however, on special
right to indemnification for damages is reserved. request inspection may be held at our Service centre located in Bhiwandi, as per condition mentioned
3.3 PARTIAL DELIVERIES hereunder: A right of inspection is applicable only for order exceeding value of more than Rs.5,00,000. Any
We have the right to make reasonable partial deliveries. inspection permitted would be offered as a onetime inspection only and would be limited to a physical and
3.4 CHANGES functional check, which involves powering on the Goods at the service centre at Bhiwandi. It is the
Any technical changes/amendments made in the order subsequent to acceptance but before customer's duty to inspect the Goods or Services for substantial defects, completeness and correctness
processing of the order by us, will attract additional 30% change/amendment charges, in addition to the immediately. Inspection should be carried out within 7 days from the inspection call notice. In the event
costs of the new instruments added. The customer agrees and understands that once the order is processed, there is no response to an inspection call to be conducted by the customer within 7 days of the inspection call
it is not possible to make changes/amendments in the order. Any cancellation, after processing will attract a notice, the Goods will be dispatched presuming that the right to inspection has been waived off. The
compulsory 100 % cancellation charge on the P.O, which shall be due and payable immediately on customer must immediately notify us in writing and in details of any obvious defects, but not later than 8
cancellation and the provisions of Section 6 shall become operative. days after inspection. Inspection release note to be issued within 8 days of the actual inspection date, failing,
3.5 CANCELLATION which Goods will be dispatched on the basis that the inspection was satisfactory and customer has accepted
Any arbitrary cancellation of the order after acceptance but before processing will also attract a compulsory Goods devoid of the defects, incompleteness and/or incorrectness. Our inspection charges of Rs.10,000 per
30% cancellation charge on the P.O. value. Any cancellation, after processing will attract a compulsory day + GST will be applicable. If third party inspections have to be arranged, then it would be borne by the
100 % cancellation charge on the P.O, which shall be due and payable immediately on cancellation and the customer at actuals. For the avoidance of doubt, it is clarified that a waiver of inspection would in no way
provisions of Section 6 shall become operative. affect our right to be paid the amounts as agreed here in above by the parties with respect to our inspection
3.6 DEEMED DELIVERY charges. The customer must notify us of hidden defects in writing and in detail immediately after their
The customer hereby agrees and accepts that if the customer fails to accept or take delivery of the Goods discovery, but within the Warranty Period. Any failure to give notice in due time and due form results in an
and/or Services within 8 days of us notifying the customer that the Goods and/or Services are ready, then approval of the Goods or Services. With the approval of the Goods or Services or with the expiration of the
except where such failure or delay is caused by a Force Majeure or by our failure to comply with its Warranty Period all of the customer's warranty rights expire. The terms of this Section apply also to all
obligations under the GTC in respect of the Goods and/or Services: other customer complaints, as e.g. incorrect or delayed delivery, quantity variance, and all other complaints
delivery of the Goods shall be deemed to have been completed at 9:00 on the 9th day following the day about Goods or Services provided by us.
on which we had notified the customer that the Goods and/or Services were ready and we shall be entitled 8.3 WARRANTY OF GOODS
to raise an invoice in respect of the Goods and/or Services deemed delivered; and/or Any warranty and liability for defects is subject to the customer having fully complied with his contractual
we will store the Goods until delivery takes place, and charge the customer for all related costs and obligations and the requirements of Section 8.2.
expenses including default interest, storage charges, insurance, dismantling charges, etc. after such delay. We are responsible only for those defects that already existed at the time at which the customer assumed
On the customer's failure to take delivery,the payment for the Goods and/or Services shall become due risk.
and payable immediately and the provision of Section 6 shall become operative. At our request, the customer must return at his own expense the rejected Goods in the original or equivalent
4 SHIPMENT, ASSUMPTION OF RISK & TRANSFER OF OWNERSHIP packaging for testing of the claimed defect (for decontamination see Section 15 below).
As a rule, delivery takes place based on the terms of delivery agreed upon and defined in the order We may, at our sole option, either repair or replace defective Goods only for reasons attributable to
confirmation (particularly INCOTERM). manufacturing defect. The customer shall receive the remedy elected by us including repair or replacement
Unless specific terms and conditions of delivery have been agreed and confirmed by us, the customer of the defective Goods without charge, except that the customer shall be responsible for any expenses it may
assumes risk and the delivery takes place as soon as we have turned the Goods over to the carrier, or, incur for shipping/transport the Goods to us. If repair or replacement is not feasible, we will provide/offer
should shipment be delayed for reasons that are not our fault, as soon as we have notified the customer that alternative product at our option subject to price differential. Any price reduction and retributory action, as
the Goods are ready to ship. Notwithstanding anything contained herein, the legal transfer of ownership to well as any claims for direct and indirect damages are expressly excluded. Further, any Good or part there
the Buyer takes place as soon as E+H handover the goods to the carrier. of which is repaired or replaced under this provision shall be warranted for the remainder of the original
Warranty Period
5 PRICES This Section applies to each delivery of defective Goods irrespective of the legal basis of a possible claim.
Unless other terms have been agreed upon in writing, prices are understood to be valid from our The customer agrees that we will co-operate only for corresponding with the complainants associated with
distributing warehouse, and in particular include neither packaging, transport, storage costs, insurance, the manufacturing and/or quality of the Goods or Services. The customer will deal with any compensation or
spare and wear parts, nor the applicable taxes, duties, value added tax, GST and/or similar taxes and/or damages sought by the complainant attributable to customer's responsibility in warehousing, transporting
exchange rate of the imported components used in manufacturing/customizing the Goods and/or Services. from the warehouse to the customer's site, storage and/or distribution of the Goods including installation and
In addition to the increases in cost due to above mentioned reasons, we are entitled to reasonable price other reasons attributable to the customer.
increases if the material and labor costs on which the calculation is based, significantly increased since our 8.4 SERVICE WARRANTY Any warranty and liability for Services is subject to the customer having fully
order confirmation. Such price increase would be intimated to the customer before the dispatch of the complied with his contractual obligations and the requirements of Section 8.2 as well as to the customer's
Goods and/or services. full co-operation with us in all matters relating to Services as particularly but not limited to providing the
6 PAYMENTS necessary access to premises and facilities, providing the relevant information and materials and obtaining
6.1 TERMS OF PAYMENT AND CONSEQUENCES ON DEFAULT and maintaining all necessary licenses and permissions.
Unless other terms have been agreed upon in writing, our invoices have to be paid in accordance with the We provide Services in accordance with the service specifications agreed upon with the customer. We are
payment date on the invoice. entitled to subcontract these Services to third parties (subcontractors).
If no payment is made by the end of this payment period (value date of the full invoice amount credited to For Internet-based Services, the continuous availability of such Service and any data involved may not be
our account), the customer is automatically in default of payment. Default of payment has the following guaranteed.
consequences: This Section applies to each delivery of Services irrespective of the legal basis of a possible claim.
The customer must pay the legal default interest but at least SBI 1 Year MCLR Rate plus 8 percent p.a. 9 LIABILITY Any liability is subject to the customer having properly fulfilled his obligations under Section
prevailing on the date of the default. In addition, the customer must reimburse us for all expenses 8.2. As a rule, our liability is limited to the value of the Goods and/or Services from which the claim arises.
associated with the default of payment, storage charges, insurance, e.g., expenses for notification and legal Any liability (whether in contract, tort (including, but not limited to negligence, infringement, product
expenses. liability or other theory), to customer or any third party for cost and/or any indirect incidental, special,
We may require payment in advance or securities before further performance without stating any consequential punitive and/or exemplary loss and/or damages (including damages for loss of profit,
reasons. business, revenues, goodwill, opportunity, use and/or data and/or costs of procurement of substitute goods
and/or services, incurred by the customer) arising out of this GTC and/or PO under any cause of action,
whether or not we have been advised of the possibility of such damages and even if a remedy set forth
herein is found to have
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Date: 30.01.2025 Quotation No. 2009443693
GENERAL TERMS AND CONDITIONS FOR THE DELIVERY OF GOODS AND SERVICES OF
ENDRESS+HAUSER (INDIA) PVT.LTD IN COUNTRY ("GTC")
failed of its essential purpose is expressly excluded. The customer also agrees and acknowledges that any 2. Definitions
warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other 2.1 "Customer" means an entrepreneur, a public law institution or a public law funds that requires
agreement between the Parties or any representation by either Party not contained in this GTC including Services for Endress+Hauser or third-party Products.
but not limited to the liability for our auxiliary persons and subcontractors as well as in cases of Force 2.2 "Endress+Hauser" primarily means the contracting Endress+Hauser entity providing Services to
Majeure (see Section 13) is excluded. Customer and in addition the Endress+Hauser Group in a broader sense when generally referred to
In the event of loss or damage of customer's data or programs for reasons attributable to us, our liability is Endress+Hauser Products.
limited to the typical costs and efforts of recovery, which are necessary if appropriate and provided regular 2.3 "Service(s)" means the Preventative, Extended and Total Services provided by Endress+Hauser to
backups had been made by the customer. Customer as defined in the relevant Service Agreement.
Notwithstanding anything contained herein, our total liabilities are limited to the value of the Goods and/or 2.4 "Service Agreement" means the written Agreement between Endress+Hauser and Customer
Services from which the claim arises. concerning the provision of Preventative, Extended and/or Total Services including the applicable
Should the Customer withdraw from the Contract or fails to take delivery of the Goods and/or Services GTC, Special Terms for the Provision of Support Services, these Special Terms etc.
except for reasons attributable to us or for force majeure, not fulfill the Contract, the provisions of Section 2.5 "Endress+Hauser Product(s)" means products manufactured by the Endress+Hauser Group covered
6.2 shall become operative. by a valid Service Agreement.
10 CUSTOMER'S OBLIGATIONS 2.6 "Third-Party Product(s)" means products not manufactured by the Endress+Hauser Group covered by
CUSTOMER'S OBLIGATIONS a valid Service Agreement.
co-operate with us in all matters relating to the Services; 2.7 "Product(s)" means Endress+Hauser Products and Third-Party Products covered by a valid Service
provide us, our employees, agents, consultants and subcontractors, with access to the customer's Agreement.
premises, office accommodation and other facilities as reasonably required by us to render the Services in
accordance with the GTC and/or Service Order; 3. General requirements
provide us with such information and materials as we may reasonably require to render the Services, and Endress+Hauser is under obligation to provide Preventative, Extended and Total Service only if the
ensure that such information is accurate in all material respects; following requirements to be ensured by the Customer are met:
prepare the customer's premises for the rendering of the Services;
obtain and maintain all necessary licenses, permissions and consents which may be required for the 3.1 The Customer has a valid Service Agreement with Endress+Hauser for the respective
Services before the date on which the Services are to start; and Endress+Hauser Products or Third-Party Products.
keep and maintain all our materials, equipment, documents and other property at the customer's 3.2 Only Products which are found to be in normal working condition can benefit from the assistance
premises in safe custody at its own risk, maintain the our materials in good condition until returned to us, according to the Service Agreement. Endress+Hauser reserves the right to perform a preventive visit
and not dispose of or use our materials other than in accordance and require the performance of the maintenance operations considered most suitable to restore the
with our written instructions or authorization. normalworking condition of the Products listed in the Service proposal Agreement before including it
If our performance of any of our obligations in respect of the Services is prevented or delayed by any act or in the Service Agreement. Any operations shall be billed according to the prices at the time of
omission by the customer or failure by the customer to perform any relevant obligation (customer default): providing the Services.
we shall have, without limiting our other rights or remedies, the right to suspend performance of the 4. Services not included
Services until the customer remedies its default, and to rely on the customer default to relieve us from the a. Services to Products which have been transfered or dislocated to a place different from the original
performance of any of its obligations to the extent the customer default prevents or delays our performance one. Subject to mutual agreement with Endress+Hauser, the Customer can continue to benefit from
of any of its obligations; the Services included in the Service Agreement.
we shall not be liable for any costs or losses sustained or incurred by the customer arising directly or b. Services in case of failure or breakdown of Products due to negligence, improper use of the Products,
indirectly from the customer default; and lack of first level maintenance (such as visual inspection, cleaning of wetted parts) from the Customer,
the Customer shall reimburse us on written demand for any costs or losses sustained or incurred by us use of reagents not supplied and/or not approved by Endress+Hauser, errors by the operator,
arising directly or indirectly from the customer default. problems with the power supply or similar problems, natural disaster, theft, acts of terrorism, strikes,
11. COMPLIANCE damage following transport by the Customer, any cause resulting from a use other than ordinary use,
11.1 ANTI-BRIBERY AND ANTI-CORRUPTION etc.
We comply with all applicable laws and regulations relating to anti-bribery and anti-corruption. c. Services in case of failure or breakdown of Products due to the decay of environmental conditions in
Customer shall comply with such laws and regulations as well and undertake all necessary actions to do so. the Product's place of installation and no longer fulfilling the technical specifications required by
11.2 IMPORT AND EXPORT CONTROL REGULATIONS Endress+Hauser at the time of installation.
We comply with all applicable laws and regulations relating to import and export control. Customer shall d. Additional onsite visit of Endress+Hauser due to necessary spare part or device replacement
comply with such laws and regulations as well and undertake all necessary actions to do so. considered as consumables by Endress+Hauser.
11.3 Indemnification e. Repair work shall only be carried out on Endress+Hauser Products for which spare parts are still
Customer shall indemnify and hold us harmless against all damages, costs and expenses arising from any available. If this is not the case, Endress+Hauser shall be obliged to propose to the Customer a
violation, alleged violation, or failure to comply with above mentioned laws and regulations by customer or solution for repair or replacement of the Endress+Hauser Products which shall be invoiced separately.
any person for whom customer may be responsible. However, Endress+Hauser shall in no way be held responsible if there is no solution, or the solution
12 DATA PRIVACY is not accepted by the Customer.
We fully comply with the applicable regulations in the field of data privacy. The customer is aware of and f. Repair work not resulting from a fault in the operation of the Products, such as negligence by the
agrees with the automated transfer, use, storage and evaluation of personal data in the course of the Customer, incorrect use of Products, or bad weather/storms.
contractually agreed purpose. If required for reasons concerning data privacy rights, the customer will, g. Repair work of Endress+Hauser Products older than 7 years old.
upon our request which should not be withheld unreasonably, sign an h. All insurances of Products covered by the Service Agreement.
appropriate, written declaration of consent for the organizational and technical protective measures under i. Basic maintenance such as cleaning and adjustment purposes, lubrication, ensuring water and dust
the terms of the applicable data privacy laws. At any rate, we shall only use the transferred personal data in proof housing and the calibration of electrochemical sensors, such as pH-measurements which is
order to fulfill our contractual obligations as well as anonymously for evaluations and quality assurance usually under the Customer's responsibility, as stated in the Operating Manual of each Product
measures. provided by Endress+Hauser.
j. Updating of the firmware/software of Products.
13 FORCE MAJEURE k. Feeders, barriers, signal thresholds, dischargers, display and any other accessory device even if
Events that are beyond reasonable control including but not limited to strikes, lock-outs or other industrial connected to the measurement chain subject to the Service Agreement, unless included explicitly in the
disputes (whether involving the workforce or any other party), epidemics, plague, quarantine, failure of a list of the Products covered by the Service Agreement.
utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance l. All consumables such as the electrochemical sensor, measuring cable, recorder paper and pens.
with any law or governmental order, rule, regulation or direction, difficulties in obtaining authorizations, in m. Any parts subject to wear and tear, such as moving mechanical parts, pipes or sampling bottles shall
particular import and export licenses, accident, break-down of plant or machinery, energy shortage, fire, not be considered as spare parts under the Total Service Agreement.
flood, storm or default of suppliers or subcontractors that prevent delivery of the Products or services n. All spare parts whose current price is greater than the annual value of the Total Service Agreement
within the agreed upon time schedule ("Force Majeure"), extend the delivery deadlines for the duration of shall be excluded.
the Force Majeure and its impact. o. For any Third-Party Products, the Service shall exclude any checking of the configuration of Products,
unless otherwise stated in the Service Agreement. Endress+Hauser takes no responsibility for spare
14 RIGHTS TO THE DOCUMENTS parts availability or notification of product status (e.g. phase out date) for these Products.
The customer shall resell the Goods only after obtaining our prior written consent and together with the p. Technical operations executed on devices under inventory list which are unauthorized by
original documentation. Endress+Hauser.
We and/or our licensor retain all proprietary and intellectual property rights to documents, drawings,
models, cost estimates, prototypes, samples, trade secrets, inventions, know-how, specification circuit 5. Customer Duty
diagram, technical, technological, electronical data, formulae, processes, algorithms, ideas, plans, 5.1 The Customer must make the Products available to Endress+Hauser technicians for the entire time
procedures, processes schematics, software computer program, magnetic medium, or designs, sketches, necessary to perform the operations needed, both in case of preventative and corrective maintenance,
photographs, strategies, inventions, data, network configurations, hardware configuration information, by authorizing and facilitating the access of these technicians to the premises where the Product is
system architecture, designs, flow charts, drawings, source code, methods, and/or any other information installed, in full compliance with the safety regulations in force.
either commercially valuable or non-commercial and/or similar items, whether or not protectable by any 5.2 The Customer ensures that someone is present onsite during the provision of the Service, who can
form ("Documents") we provide the customer in connection with the delivery of Goods or Services and provide the Endress+Hauser technician with the information required to guarantee the satisfactorily
that the customer will not acquire any rights in the proprietary and intellectual property rights by reason of completion of the Service.
sale of Goods and/or Services under this GTC and/or PO. These Documents must not be made available to 5.3 The Customer must take the responsibility and liability for devices used in the explosion area. For
third parties unless such written permission is evident based on the particular purpose of the contract plants in explosive areas, the Customer shall give written permission to ensure the Services and the
between us and the customer. respective works in these areas.
The customer will not, directly or indirectly, either by itself and/or through third party, modify, resale, 5.4 If required, the Customer shall make available to Endress+Hauser the required documentation such as
create derivative works of, decompile, disassemble, decrypt, extract, translate , reverse engineer, or piping and installation plans, measurement descriptions etc.
otherwise recreate or gain access or otherwise attempt to learn the source code, structure, algorithms or 5.5 The Customer should not modify the installation in such a way that could impede the correct operation
ideas of any proprietary and intellectual property rights belonging to us and/or our licensors. of the Products.
15 DECONTAMINATION OF RETURNED GOODS We may only accept returned Goods if our 5.6 The Customer must carry out the disassembly, if necessary, of all or part of the Product to facilitate
decontamination instructions are strictly complied with. In default of such compliance, we reserve the right checking or repairing.
to resend the Goods at the customer's expense. 5.7 The Customer must carry out the installation, assembly and provision of electrical power for the
Product so that it can be commissioned by Endress+Hauser.
16. Special Terms for the provision of Preventative, Extended & Total Service Maintenance 5.8 Endress+Hauser is entitled to refuse repair works or to stop the works at any time if the Customer
Agreements ("Special Terms") fails to provide a written declaration of no objection with respect to the dangerous goods and
substances the object of repair has come into contact with. Endress+Hauser may at any time demand
1. General from the Customer a written confirmation that the device sent in for repair has been cleaned. If the
These Special Terms shall be applicable for the provision of Preventative, Extended and Total Service by medium is a toxic compound, Endress+Hauser may at any time refuse or stop the works on the
Endress+Hauser to Customers. affected devices. Products sent to Endress+Hauser that cannot be repaired anymore or whose
repair is not economically feasible may be disposed by Endress+Hauser at Customer's expense if the
These Special Terms shall apply in addition to and form an integral part of: Customer does not accept the objects to be returned at his expense. The disposal at the Customer's
the General Terms and Conditions for the Delivery of Goods and Services (hereinafter referred to as expense is deemed to be approved by the Customer if Endress+Hauser receives no or an insufficient
"GTC") of the contracting answer within reasonable time and upon two enquiries to the Customer.
Endress+Hauser company. In case of any discrepancies to the applicable GTC these Special Terms shall 5.9 The Customer must maintain the environmental conditions of the place where the Product is installed,
prevail. according to Endress+Hauser technical specifications.
the Special Terms for the Provision of Support Services 5.10 The Customer must use, when required, reagents and/or consumable parts that are original or expressly
These Special Terms, the current version of the applicable GTC and the Special Terms for the provision of approved by Endress+Hauser.
Support Services are published on the webpage of the contracting Endress+Hauser company. 5.11 The Customer is solely responsible to implement all necessary measures to ensure the safety, integrity
and confidentiality of it's data, particularly regarding
5.11.1 the duplication, storage and retrieval of the data in case of failure, breakdowns and/or errors;
5.11.2 the reactivation of any piece of Product with the relevant restoring of all software applications, if
applicable, following unexpected interruptions (power failures, breakdowns, operational errors, etc.);
5.11.3 and any violation of the obligations above which shall give Endress+Hauser the right to cancel
the Service Agreement.
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GENERAL TERMS AND CONDITIONS FOR THE DELIVERY OF GOODS AND SERVICES OF
ENDRESS+HAUSER (INDIA) PVT.LTD IN COUNTRY ("GTC")
6. Endress+Hauser Duty reached using the telephone numbers and e-mail addresses given.
6.1 Endress+Hauser must send the Customer a service report for each on-site visit of the 3.2.3 The access to Support Services is made available by Endress+Hauser based on the registration
Endress+Hauser technician, which shall state the activities done on each Product including the "as information provided by the Customer. The Customer acknowledges that Endress+Hauser has access
found" and "as left" situation of the Product. to the Customer#s registration information including to any activation/password created afterwards to
6.2 Endress+Hauser must send an annual schedule of the field service visits depending on the frequency enable the Customer to access the Support Services.
mentioned in the Service Agreement. 3.2.4 The Customer must ensure that no unauthorized third party obtains access to his account or contract
6.3 Endress+Hauser must plan the maintenance visits. number, user registration details and license key/serial number. The Customer is responsible for
6.4 Endress+Hauser must carry out checks, any replacement of parts subject to wear or consumables, all orders made and activities performed using its account or contract numbers and its registered
repairs and restarting during working hours. license key/serial number. If the Customer becomes aware that third parties are misusing its details,
6.5 Endress+Hauser must supply all test and measuring equipment suitable for the checks. the Customer must immediately inform Endress+Hauser thereof.
6.6 Endress+Hauser reserves the right to invoice separately the Customer for the repair costs for the 3.3 Specific Requirement for Connected Support
Endress+Hauser Products. 3.3.1 The Connected Support can only be used by Customers who have registered with the Endress+Hauser
6.7 For Third-Party Products, the supply of the spare parts shall be subject to the availability of the cloud environment consisting of the Customer Support Portal (www.mytechsupport.endress.com/)
respective manufacturer. and Endress+Hauser Netilion (https://netilion.endress.com/). The Customers must therefore accept
all the relevant terms included in the registration process.
7. Confidentiality 3.3.2 Customers using the Connected Support will receive a connectivity package consisting of a hardware
Specifications, moulds, drawings, plans and other documents may not be provided to third parties or component (edge device) to be connected to the Product, which sends data to the Endress+Hauser
otherwise disclosed to them without prior consent by the other party. The obligation to maintain cloud environment.
confidentiality applies for the entire duration of the agreement and for another three years after its 3.3.3 The data sent to the Endress+Hauser cloud environment will be used primarily for the purpose of (a)
expiration. enabling Endress+Hauser to provide you with the Support Services, (b) analyzing and improving
the operation of the Support Services and (c) develop additional service offerings.
8. Transferability of the Service Agreement 3.4 Specific Requirement for Software
The Customer cannot transfer the Service Agreement, either fully or partly, to third parties, unless prior 3.4.1 The Customer must be in possession of a valid License Agreement for the Software covered by the
written approval is given by Endress+Hauser. Endress+Hauser is entitled to transfer the rights and Support Agreement.
obligations under this agreement to third parties at any time. 3.4.2 The maintained Software must be duly registered with the licensing Endress+Hauser entity according
to the provisions of the applicable License Agreement.
9. Duration of the Service Agreement 3.4.3 Support is limited to a maximum of 5 registered users (additional fees apply for additional users).
The Service Agreement shall take effect on the date Endress+Hauser receives the acceptance of the
Customer of the proposal submitted by Endress+Hauser. The initial term of the Service Agreement is one 4. Support Services
(1) year ("Initial Term"). The Service Agreement shall then be automatically prolonged for successive 4.1 Support Services means the service provided according to the Support Agreement.
periods of one (1) year ("Prolonged Term") unless either Party gives the other written notice of termination 4.2 Support Service is offered as Solution Support, Software Support or Instrumentation Support. It covers
not less than six (6) months before the date of expiry. the following Support Services:
At the end of the Initial Term or a Prolonged Term, the prices shall be revised and adjusted to the current a) advice on questions concerning functions, versions, operating and documentation during installation /
prices. However, the price shall be increased by at least the rate of inflation published by the recognized setup, use and configuration of the supported Product;
country state institute if applicable. b) troubleshooting, analysis of problems and application related issues;
Such price revision and/or adjustment will be communicated to the Customer 30 (thirty) days before the c) general assistance on the usage of the Product, and
expiry of the Initial or Prolonged Term. Upon receipt of such communication, Customer can withdraw d) priority planning for on-site visit within defined time
from the Service Agreement within fifteen (15) days by written notice to Endress+Hauser. e) alarm monitoring prioritization and first response if applicable is offered as an option
f) remote access (cf Section 8) is offered as an option whenever this is possible and required
10. Early termination of the Service Agreement g) Software Update (as defined in Section 5), if applicable.
Without prejudice to any express provision between the Parties or any rights available under applicable 4.3 Support Service is available to registered users only (cf Section 3.2) during the agreed contact hours at
law, the Service Agreement may be terminated immediately by written notice by either Party in case of any the agreed advanced service levels and response set forth in the Support Agreement.
fundamental breach of the Service Agreement by the other Party. 4.4 Endress+Hauser is entitled to delegate the Support Services (in whole or in part) and appoint
Endress+Hauser will then carry out an inventory of fixtures at the place of the last maintenance visit, subcontractors (third parties or affiliated companies of Endress+Hauser) at its own discretion
absolving it from any responsibility. providing the Support Services on behalf of Endress+Hauser, conditioned that Endress+Hauser shall
remain the responsible party towards the Customer.
17. Special Terms for Remote Support Services
1.General 5. Software Update
These Special Terms shall be applicable for all Support Services provided by Endress+Hauser to 5.1 Software Updates are offered as a separate package subject to an underlying Support Agreement to
Customers. Customer comprising of the following services:
5.1.1 Endress+Hauser provides the Customer the latest Updates for Endress+Hauser Software during the
These Special Terms shall apply in addition to and form an integral part of the General Terms and term of the Support Agreement.
Conditions for the Delivery of Goods and Services (hereinafter referred to as #GTC#) of the contracting 5.1.2 As soon as an Update is available and released, Endress+Hauser will send a copy of the Update in
Endress+Hauser company. In case of any discrepancies to the applicable GTC these Special Terms shall digital format by means of a data carrier or online, e.g. via e-mail download link for Electronic
prevail. Software Download (ESD) to the Customer's appointed administrator. when Software and any related
Update is transferred via electronic means of communication, the Customer assumes the risk as soon
In case of any discrepancies between these Special Terms and an individual Support Agreement (see 2.12 as the Software leaves Endress+Hauser's sphere of influence (e.g., when downloading).
hereinafter), the latter shall prevail. 5.1.3 In addition Endress+Hauser may provide specific Software related bug fixes and patches upon their
availability at request of Customer.
The current version of the applicable GTC is published on the webpage of the contracting Endress+Hauser 5.2 All Updates are covered by the underlying License Agreement in accordance with its terms and
company. conditions. All Updates are subject to the same license and contractual rights, obligations
and restrictions as the original Software Endress+Hauser supplied.
2.Definations 5.3 To the extent that Software to which Endress+Hauser possesses only a derived right of use (external
2.1 "Connected Support" is a contract-based service to support Customers remotely to resolve and software) is licensed to the Customer, the rights of use agreed upon between Endress+Hauser and its
prevent technical issues. This service is enabled by permanent IOT connectivity to the installed licensor are additionally valid and have priority over the rights of use in this Agreement.
Product. Should Endress+Hauser provide the Customer with open source software, the rights of use
2.2 "Customer" means an entrepreneur, a public law institution ora public law funds that requires applying to open source software are additionally valid and have priority over the
Support Services for Endress+Hauser Products. rights of use in this Agre ement. The Customer will either be informed about those rights
2.3 "Documentation"means applicable Endress+Hauser#s documentation pertaining to the Product of use applying to the external or open source software and having priority over the
which is delivered or made available to Customer. rights of use in this Agreement, or such divergent rights of use will be published on-line.
2.4 "Endress+Hauser"primarily means the contracting Endress+Hauser entity providing Support
Services to Customer in accord with the Support Services Agreement and in addition the 6. Services not included
Endress+Hauser Group in a broader sense when generally referred to Endress+Hauser Products. 6.1 The Support Services do not include
2.5 "Error" means any reported malfunction or failure in the Product that can be reproduced and a) Product modifications or special developments,
constitutes a non- conformity to the specifications described in the applicable Documentation. b) Support for freeware, software, and hardware provided by third parties which is not expressly
2.6 "Instrumentation" means measurement devices, actuators, and values known as field devices. mentioned in the Support Agreement as part of the Support Services,
2.7 "License Agreement" means the agreement on the Software license, including but not limited to the c) Support for operating system components and the interaction of software or solution with these
Endress+Hauser End User License Agreements (EULA). components,
2.8 "Product" means Instrumentation, Software, or Solutions supported hereunder and/or delivered to d) Adaptation of Product to Customer requirements,
Customer. e) Support in the event of a failure or breakdown caused by something other than described in the
2.9 "Software" means typically a proprietary software installed on a Customer#s premise s, sold, rented Product environment,
or offered free-of-charge to Endress+Hauser#s Customers. It also includes software (as well as f) Correction of Errors that are not related to the Product supported under the Support Agreement,
relevant documentation) from third party software manufacturers labelled by Endress+Hauser and g) Removal of Errors that have been caused by the non-compliance of the Requirements under section 3
from any Endress+Hauser sister company with software sold under its own brand. or violation of Customers duties under section 7 herein,
2.10 "Software as a Service" means Software deployed as a hosted service and accessed over the Intern h) Spyware/virus removal,
2.11 "Solution" means any Endress+Hauser automation solutions that include Instrumentation, and/or i) Data services cost related to remote access.
embedded hardware, Software, engineering and services 6.2 The following services may be provided only upon i) Customer request and ii) formal approval by
2.12 "Support Services"means remote support provided by Endress+Hauser by phone, email or via Endress+Hauser and iii) execution of a separate agreement on the terms and conditions of such
remote access, in order to keep the Product up and running over time. Remote access is only services:
available in combination with a Support Agreement. a) Supply of Upgrades or new releases,
2.13 "Support Agreement"means the written Agreement between Endress+Hauser and Customer for the b) Product specific training,
Support Services ordered and the specific support coverage and service levels Customer has c) On-site support (help, installation, configuration, setup of the supported application, instrumentation
purchased. solution) and other on-site services such as commissioning or calibration of Instrumentations,
2.14 "Update" means a collection of bug fixes and service packs which either fix or provide minor d) Data backup services,
enhancements to a Software, and contain no major new functionality but typically provide fixes e) Consulting services.
that enhance the stability, compatibility, and security of the Software. 6.3 Endress+Hauser is constantly developing its Software and publishes regular Updates and Upgrades.
2.15 "Upgrade" means a new version of a Software program intendedto replace the old version used by For this reason, the Support Services for Endress+Hauser Software can only be called upon if the
the Customer. version installed by the Customer is up-to-date. Except when indicated otherwise, up-to-date means
2.16 "Support Session logs" means digital notes, screenshots and video recordings collected during the a Software installation in accordance with the latest version, or including latest release
remote support session. with valid Software License Agreement and maintenance contract.
6.4 Upon request Endress+Hauser can provide a Support Service for Software which is not
3. Requirements fully up-to-date. Such Support Service is generally subject to additional costs and
Endress+Hauser is under obligation to provide Support Services only if the following requirements to be therefore can only be offered under conditions to be agreed upon separately, in particular
ensured by the Customer are met: with regard to response times and prices. If the Support Service for a version, which is not
3.1 "General Requirements" up-to-date, is provided, optimal support results may not be always possible.
3.1.1 The Customer has a valid Support Agreement with Endress+Hauser for the respective
Endress+Hauser Product or third party Product 7. Customer Duty
3.2 "Registration" 7.1 Customer must take appropriate measures to prevent data loss and Product malfunction,
3.2.1 The Support Services can only be used by registered Customers. The Customer can register using the such as adequate data backup on a regular basis and prevention of malware. Except where
form enclosed with the Support Agreement or online on Endress+Hauser website in your country of otherwise expressly indicated in writing, Endress+Hauser is always entitled to act on
operation. The Customer can register one or more user under its customer account. the assumption that all data with which it comes into contact is properly backed up.
3.2.2 The Customer must provide Endress+Hauser with the company name, address, full names of user 7.2 Customer must take appropriate measures to keep the installation secure.
contact, telephone numbers and valid e-mail addresses of each user to be registered. If more than one 7.3 The Customer must keep Endress+Hauser fully informed of any and all information necessary
user is registered, one of the registered users must be designated as an administrator. The Customer to perform its services. Endress+Hauser shall not, unless expressly agreed otherwise in
must inform Endress+Hauser of subsequent changes to the names, telephone numbers and e-mail
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GENERAL TERMS AND CONDITIONS FOR THE DELIVERY OF GOODS AND SERVICES OF
ENDRESS+HAUSER (INDIA) PVT.LTD IN COUNTRY ("GTC")
writing, have any obligation to review, validate or otherwise check the completeness or accuracy of
information as provided by the Customer.
7.4 In the event that Endress+Hauser, despite not being obligated to do so, determines that information
or documentation supplied by the Customer proves to be faulty, incomplete, ambiguous or
objectively non-executable, the Customer shall, immediately upon notification by
Endress+Hauser, effect the required corrections and/or amendments in order to enable
Endress+Hauser to perform the contracted Services.
7.5 The Customer contact person (meaning the registered user) must be in a position to make
necessary decisions on behalf of the Customer or ensure that they are made without undue delay.
7.6 Duties of the parties to cooperate within the framework of remote support services
are defined in section 8 below unless defined otherwise in the applicable Support
Agreement. Customer's Remote Access Platform is subject to Section 9.
8. Remote Access
8.1 If the Support Services are provided via remote access, the Customer may - in
addition to required telecommunication and internet connections (including the provision
of functioning browser software) - be obliged to accept and implement the installation of a
standard software utility program for remote access or an application for smartphones
(remote access tool) as well as to ensure its functioning for the duration of the service
agreement. Depending on the remote access tool used, it may also be necessary to (temporarily)
download software elements, including cookies. Remote access tools used by Endress+Hauser may
be either Endress+Hauser owned or third party solutions, including cloud based support tools.
8.2 For the installation of the remote access tool, the Customer shall be requested to accept
the respective regulations of the remote access tool provider, particularly third party
software license agreements and the corresponding data privacy regulations that are
attached to the installation routine or download procedure. If and to the extent that the
Customer does not accept the appropriate regulations of the software licensor, installation/download
or use of the remote access tool as well as the associated remote service delivery by
Endress+Hauser shall not be technically possible. Endress+Hauser shall not be liable for any
breach of agreement as a result of any resulting service restrictions, in particular breaches
of the agreed service levels due to the Customer's unreasonable refusal to allow remote access.
8.3 Remote Access to Customer computer, server and Customer IT. Endress+Hauser shall obtain
remote access to Customer computer, server or Customer IT as the case may be upon request and to
the extent granted by the Customer primarily on a case by case basis and solely for problem
elimination with the aid of the respective remote access tool. The use of the remote access
tool for problem elimination by support engineers shall include the analysis of Customer
system configuration, the displaying and processing of files, registration, the
displaying of Customer screen and assuming temporary control of Customer system. If and to
the extent that the Customer has not actively granted permanent approval for remote access by
Endress+Hauser as part of the configuration of the remote access tool, the remote access requires
express approval from the Customer for every remote access session (Customer initiated support).
Remote access is clearly made visible to Customer at all times. The Customer can end the session
at any time by means of the input function provided in the operating guide of the respective
remote access tool.
8.4 Remote Access via smartphone application. Endress+Hauser shall obtain remote access
via photo or live video transmission upon request and to the extent permission is granted
by the Customer primarily on a case by case basis and solely for problem identification and
elimination with the aid of an application for smartphones. The remote access tool can be used
via smartphone of an authorised employee of the Customer or of an Endress+Hauser support
engineer. Endress+Hauser shall only transmit Customer data via the remote access tool if
the Customer agrees with such transmission in writing. The Customer can revoke such permission
and terminate the session at any time. When data (e.g. photos, videos etc.) is transferred
via electronic means of communication, the Customer assumes all risk related to such transmission.
8.5 Endress+Hauser may collect, administer, process and use non-personal diagnosis
data, as well as any technical or use-related i nformation associated with the service assignment.
This particularly includes informationrelated to Endress+Hauser Products, Software and
Solutions, information about the computer being accessed via remote access tool, data
services usage, the system software and software programs used, as well as the connected
and/or embedded hardware and/or Instrumentations. Endress+Hauser is entitled to collect,
save, process and use this information for the provision of software updates, Product support,
Product information and other services as well as for the further development, or improvement
of Products, Software, Solutions and/or services.
8.6 Support Session logs according to section 8.3 and 8.4 are recorded and stored, including the
session acceptance by Customer according to defined standard operating procedure. The download
of the Support Session logs is encrypted to prevent unauthorized access. Endress+Hauser
may request an agreement on Commissioned Data Processing as a prerequisite for provision
of Support Services via remote access.
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