TERMS &
CONDITIONS

In these Terms and Conditions of Sale ("Terms"), "Goods" means the goods the subject of the Contract. Ironman 4x4 India means the entity selling the Goods. "Buyer" means the entity purchasing the Goods. "Contract" means each contract between Ironman 4x4 India and Buyer for the sale and purchase of Goods and "order" includes/ offer **Terms and Conditions**.

The only terms of the Contract are those agreed to in writing by Ironman 4x4 India (to the extent they are not inconsistent with terms agreed to in writing by Ironman 4x4 India) and those which are implied or imposed by law (including the Consumer Protection Act, 1986 and the Sale of Goods Act, 1930) to the extent that it is not possible to exclude them. All other terms, conditions and warranties are expressly excluded. If a conflict arises between the terms of any order made by Buyer and these Terms, these Terms will prevail. An agreement to deliver the Goods in instalments is taken to be a separate Contract for each instalment. These Terms and each Contract including them are governed by the laws of India and Ironman 4x4 India and Buyer submit to the jurisdiction of the courts of that State. If a term is held to be unenforceable, the remaining terms will apply.

Any quotation made by Ironman 4x4 India will not be construed or operate as an offer or obligation to sell. Ironman 4x4 India reserves the right to accept or reject in its absolute discretion any order received by it. Buyer will not be entitled to cancel or refuse delivery of, or payment for, any order made by it which has been accepted by Ironman 4x4 India.

The price payable to Ironman 4x4 India by Buyer for the Goods will be the price agreed, failing which it will be the price prevailing at the time the Goods are dispatched by Ironman 4x4 India for delivery to Buyer. Prices are payable in Indian Rupees (INR) inclusive of GST. All delivery costs, taxes, duties and other imposts which, if chargeable, are payable by Buyer. Prices quoted in any Ironman 4x4 India catalogue are suggested prices only and may be changed by Ironman 4x4 India without notice.

Buyer must pay cash for the Goods on delivery or, at Ironman 4x4 India's absolute discretion, strictly within 30 days of delivery. Ironman 4x4 India will appropriate payments first to outstanding interest and then to outstanding accounts in the date order rendered.

If Buyer fails to pay all or part of any amount to Ironman 4x4 India when due, interest will be payable on that amount from its due date until it is paid in full at a rate equivalent to 2% per annum above the overdraft rate from time to time charged to Ironman 4x4 India by its principal banker.

Ironman 4x4 India will make all reasonable efforts to deliver the Goods on the dates agreed, to the place or carrier designated by Buyer. Ironman 4x4 India has the right to make delivery in instalments and to deliver those Goods available for delivery. Buyer has no right to terminate the Contract because of a delay in delivery.

Ironman 4x4 India warrants that its products are manufactured to S.A.E. - Society of Automotive Engineers - specifications for the particular product. Ironman 4x4 India further warrants that all products sold here under are free from defects in material and workmanship. Ironman 4x4 India's liability under this warranty is limited to repairing or replacing (as elected by it) all parts found to be defective in materials or workmanship providing that Ironman 4x4 India is actually notified in writing from Buyer of the alleged defect within ninety (90)days of purchase. If the Products are not made within this period all transit damage must be reported by the Buyer. Product replacement consent is preconditioned on the examination of the goods by Ironman 4x4 India and, if requested by Ironman 4x4 India, return of the goods to Ironman 4x4 India. No Products are to be returned to Ironman 4x4 India without its written consent, according to procedures outlined in this manual, and the receipt by the Buyer of specific shipping instructions.

Warranty Exclusions

Ironman 4x4 India shall not be liable for any expense incurred by Buyer in order to remedy any defect in its products. Ironman 4x4 India shall not be liable for any consequential, special, in direct or contingent damage or expense arising directly or indirectly from any defect in its products or from use of any products. This warranty does not apply to: (1) Goods bought for personal, domestic or household use; (2) Goods not bought from Ironman 4x4 India; (3) Goods no longer required by Buyer; (4) Goods incorrectly chosen by Buyer; or (5) Goods modified or altered by Buyer (including changing colour). EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED by Ironman 4x4 India THAT IRONMAN 4X4 INDIA'S OBLIGATIONS UNDER THIS WARRANTY ARE LIMITED AS SET OUT ABOVE AND BUYER AGREES THAT IN PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF IRONMAN 4X4 INDIA EXPRESSLY SET FORTH HEREIN, NO PERSON IS AUTHORIZED TO CHANGE OR ADD TO ANY OF IRONMAN 4X4 INDIA'S OBLIGATIONS. UNDER THIS WARRANTY IN NO EVENT SHALL IRONMAN 4X4 INDIA BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Buyer agrees to indemnify and hold Ironman 4x4 India harmless from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above; whether the claims against Ironman 4x4 India are incidental or consequential: 1 Year Warranty — Mining Accessories / Steel Tray (Excluding Winches and RCPs) — 1 Year Warranty; Winches and RCPs — 3 Years Warranty; Suspension (Excluding Shackles and Pins); 2 Year Isolation Warranty; Shackles and Pins — 1 Year Warranty.

Warranty claims must be submitted to the authorized dealer from whom the product was originally purchased through the dedicated Ironman 4x4 India warranty claim platform below the specified limits set by Ironman 4x4 India. To the extent that Ironman 4x4 India will repair or replace any parts which are found to be defective. All warranty claims must be submitted on original purchasing documentation unless otherwise agreed by Ironman 4x4 India. All parts must be presented upon request. Products may require to be returned to Ironman 4x4 India for assessment or repair. Postage and removal costs related to return are responsibility of Ironman 4x4 India, and may only be considered upon authority from Ironman 4x4 India and while the claim being verified. The warranty does NOT apply where: (1) acts of neglect or misuse are evident; (2) product has been modified; (3) vehicles which are modified or exceed recommended vehicle of use; (4) used in racing or competition; (5) has otherwise, the prior consent of Ironman 4x4 India, been used beyond the expectations of the original vehicle manufacturer. Before installation of any product, please ensure you have received the correct parts for your application. Ordering of the correct parts is the responsibility of the buyer. Where the product is at fault, Ironman 4x4 India will affect a title notice fee, where Ironman 4x4 India is at fault. Return of used or soiled product, is outside warranty period; (5) without fault, will result in refusal of your claim and be returned at Buyer's expense. Damage to products through fitment error is not covered under warranty.

Buyer acknowledges that the Goods leaving Ironman 4x4 India's premises are adequately packed. Claims for damage in transit must be made against the carrier and, while Ironman 4x4 India will not accept liability for any damage, details of any claim must be promptly advised to Ironman 4x4 India. Prior to acknowledging delivery, it is Buyer's responsibility to ensure that the outer packaging has been received as specified in the carrier's note. Any shortage or visible damage to outer packaging must be endorsed on the carrier's note. Any shortages and/or damages must be reported to Ironman 4x4 India within 72 hours or receipt.

Title to the Goods will not pass to Buyer until the earlier of: (a) Ironman 4x4 India being paid in full under all Contracts; or (b) the sale by Buyer of the Goods in the ordinary course of business (in which case Buyer must hold the proceeds of sale on trust and keep the proceeds of each sale separate from Buyer's own money and pay Ironman 4x4 India in full from the proceeds of the purchase price of each sale despite that the payment is not otherwise due); (c) Ironman 4x4 India's choice. Buyer must: (a) hold the Goods as bailee for Ironman 4x4 India and keep them in good order and condition; (b) not remove any markings placed by Ironman 4x4 India; and (c) ensure that the Goods can be readily identified and distinguished from Buyer's property and the property of others in Buyer's possession and must pay Ironman 4x4 India immediately upon demand and, for this purpose, Ironman 4x4 India is authorized to enter at any time any premises on which the Goods may be located (the costs incidental to which will be borne by Buyer).

Risk in the Goods (including insurance responsibility) passes to Buyer on delivery of the Goods to the place or carrier designated by Buyer or, if sooner, possession of the Goods passes to Buyer or its agent.

Subject to the Consumer Protection Act, 1986, Ironman 4x4 India's liability for any breach of a condition or warranty imposed or implied by law in respect of any Goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (provided that this provision does not apply if Buyer establishes that it is not fair or reasonable for Ironman 4x4 India to rely on it) will be limited to: (a) in the case of Goods supplied, any one or more of the following (as Ironman 4x4 India may determine): (1) replacement of the Goods or the supply of equivalent goods; (2) repair of the Goods; (3) payment of the cost of replacing the Goods or of acquiring equivalent goods; or (4) payment of the cost of having the Goods repaired; (b) in the case of services supplied, any one or more of the following (as Ironman 4x4 India may determine): (1) supplying the services again; or (2) payment of the costs of having the services supplied again. To the extent permitted by law, Ironman 4x4 India will not be liable for any indirect, consequential or special loss or damage suffered or incurred by Buyer or any other person arising out of or in connection with the Contract (including, without limitation, liability due to negligence or wilful default of Ironman 4x4 India) and any delay in delivery or any error (whether negligent or not) in information supplied to Buyer in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by Ironman 4x4 India of its rights under Clause 9 and Buyer will indemnify Ironman 4x4 India in relation to any such loss, damage, expense or injury.

Any claim made by Buyer must be in writing and contain the particulars specified in the Ironman 4x4 India Application for Exchange or Credit. All Applications for Exchange or Credit (or "Applications for Warranty") will be received by Ironman 4x4 India within 7 days after delivery of the Goods under the Contract. No claim for credit will be recognised where: (1)the Goods are made to special order or Buyer's specifications or drawings; (2)due to no longer required; (3) returned without Ironman 4x4 India's consent; (4) for any Goods selected by Buyer for a purpose not advised to Ironman 4x4 India (including changing colour) or (5) if the Ironman 4x4 India Catalogue disputes that return will not be accepted. If Buyer insists on returning the Goods, it must pay Ironman 4x4 India a handling fee equal to 40% of the price of the Goods.

Despite any other term or condition of the Contract, Ironman 4x4 India will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any other person, arising out of or in connection with any delay in delivery or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of Ironman 4x4 India, any Government intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond Ironman 4x4 India's reasonable quality control.

Ironman 4x4 India has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment or document forming part of a Contract.

If Buyer breaches a Contract or Ironman 4x4 India is not satisfied of a Buyer's ability to pay or otherwise comply with each Contract, Ironman 4x4 India may by notice to Buyer: suspend or cancel delivery of Goods under any one or more of the then outstanding unfulfilled Contracts; set off all deposits against amounts due and made all amounts then outstanding by Buyer to Ironman 4x4 India immediately due and payable.

Ironman 4x4 India's rights under the Contract are cumulative and in addition to any other rights. No delay or failure by Ironman 4x4 India to enforce any provision is a waiver or that right. Any waiver by Ironman 4x4 India of any term or breach of the Contract is not to be taken as a continuing waiver or a waiver of any subsequent breach.

This section incorporates our Privacy Policy. Please review our Privacy Policy for more information regarding the collection, use and disclosure of your personal information by Ironman 4x4 India.

Our Website contains a Chatbot function (**Chatbot**) which uses artificial intelligence (**AI**) to generate responses. By using the Chatbot, you acknowledge and agree that the Chatbot is only a tool to assist in providing general information only in response to your queries, and may not always provide accurate or adequate information. To the maximum extent permitted by law, Ironman 4x4 India disclaims no responsibility or liability for any actions taken in reliance on, or for any errors or omissions in, information or recommendations provided by the Chatbot.

Chatbot Disclaimer

While Ironman 4x4 India takes reasonable steps to ensure the Chatbot provides useful and correct information, users are responsible for conducting their own due diligence and making their own assessment in relation to any information or recommendations provided by the Chatbot. If you have concerns about accuracy or appropriateness of information from the Chatbot, we encourage you to speak with one of our customer service representatives.

If you have any questions or require clarification regarding our website terms, orders, or warranty claims, please reach out to us at our main office:

Phone:+91 91738 04405

Email:grievance@ironman4x4india.com