The website, www.metal26.com is the property owned and operated by Metal26 Informatics Private Limited (hereinafter referred to as "MIPL"). The user must carefully read and agree to the following terms and conditions, including any future amendments (hereinafter collectively referred to as the "Terms & Conditions") before using the website www.metal26.com. By signing up and using the website, the user is acknowledging the "Terms and Conditions" and hereby accepting to be bound by the provisions of the "Terms and Conditions"
These "Terms and Conditions" which are hereby incorporated as if set forth fully herein, represent the complete agreement between User and MIPL for the use and access to the website, www.metal26.com and other services related to it.
Applicability of the terms and condition -
The company, MIPL serves as a market-network for machine, material and manpower procurement in construction and infrastructure industry. The website, www.metal26.com, acts an online market-network for the said service which is fully owned and operated by MIPL. This site is an online marketplace where renters of construction equipment (“Renters”) and owners of construction equipment (“Owners”), seller of heavy equipment(Seller), buyer of heavy equipment(Buyer), workshop service provider, spare parts seller and other ancillary services listed in the www.metal26.com, can find each other and arrange for rental(s) of Owners’ construction equipment (“Rentals”), seller can sell their heavy equipment to the buyers, any network user of www.metal26.com can use the services of workshop and spare parts listed in this website. As an online marketplace MIPL cannot and does not guarantee or ensure
(a) the delivery, payment, form, fit, function or condition of any Rentals,
(b) the delivery, payment, form, fit, function or condition of any (Buy and sell) Purchase,
(c) Quality, delivery, function, warranty, form, fit and function of spare parts and workshop
(d) the safety, or legal or regulatory compliance of any Rentals, and sales or (e) the acts or omissions of any Renters or Owners.
MIPL is not obligated to verify the quality, ownership, warranty, insurance, license, records etc. MIPL is also not obliged to verify any of the records of renter, owner, seller, buyer, workshop service provider, spare part service provider and other services listed in this website. No communication, agreement, warranties or representation, in any form between Renter, owner, seller, buyer, workshop service provider, spare part service are not made by (and do not legally bind) MIPL, but rather are made specifically and solely by the applicable Renter/Owner, Buyer/seller, User/workshop service provider, User/spare part seller.
Registration / Login
To become the part of the network of www.metal26.com the user must provide correct, accurate and completely verified information, according to the fields of the signup page of the www.metal26.com . The user must have to provide the information about the his/her business, company, firm or any other entity he/she is operating business under, equipment information, address, past records and other relevant information asked in at the time of signup and listing of equipment to make this site secured, trusted and verified.
Ownership of Materials and Restrictions:
MIPL shall have the right over all content on this website, including graphics, website content, profile information, equipment information, user content, names, logos, brand identity, trade dress, site layout, software, images, photographs, text, services and other similar materials are protected under the copyright and other intellectual property laws. As between the user and MIPL, all right, title and interest in and to the Content will at all times remain with MIPL. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Service, are registered and/or common law trade names, trademarks or service marks of MIPL.
Onboarding terms and conditions.
1.Metal26 Informatics Private Limited (MIPL), having its office at RICCO Software Complex, EPIP, Sitapura Industrial Area, Jaipur, Rajasthan, 302022, through its business division www.metal26.com (marketplace), hereinafter registers the property, business entity or product and services offered for the stable time period agreed upon. The property, business entity or service registered is described in the ‘Invoice’ which is sent to the party through email and physical delivery from MIPL.
2.MIPL through its marketplace guarantees a minimum business to its service package buyers of which the subjected terms and conditions is enlisted in the ‘Invoice’ being raised on behalf of the party. In case of irregularities, the service buyers or the marketplace can claim indemnification from the party upon whom the liability arises for which a right to claim adjustment is ensured.
3.On buying upon the service herewith enlisted, the party confers the authority with the marketplace to indulge in branding, marketing and business development activities through the channels determined in the market-network for the said the property, business entity or product and services enlisted in the agreement.
4.Orders for service are accepted in good faith and the marketplace, accepts no responsibility whatsoever regarding the bonafide or the contents appearing on the said website with regard to the property, business entity or product and service offering. No interviews or correspondence shall be entertained in respect of any services provided by MIPL.
5.Service buyer agrees to be bound by all the terms and conditions mentioned on the website bearing the URL address www.metal26.com in addition to the terms and conditions mentioned herein.
6.Metal26.com endeavors to render service as per best industry practices. However, metal26.com also reserves the right to decline, change or reschedule any service notwithstanding the acceptance of the order and payment for the said service.
7.MIPL shall charge the party with a recurring listing fees for the registration of the property, business entity or product and service offering with the marketplace which will be converged towards the stipulated service package the party have chosen to buy. Upon the expiry of the service package, MIPL reserves the right to freshly re-package a new service offering which will override the recurring listing fees.
8.Party when agreed to conduct on a transaction coming from the marketplace, end to end fulfillment on the service offered must be achieved indexing on the factors of price, availability, location, delivery and after service terms. Non-fulfillment of the stipulated service will raise pecuniary cost on the part of the party which shall be meted without raising any disputes.
9.Upon registering the property, business entity or product and services, the party while entering into any transaction agrees to supply priority support to the fellow members of the market-network to whom the product or service is to be rendered which includes but not limited to business and technical support.
10.MIPL shall upon the request of any of the party to the transaction will provide legal support in terms of conceptualizing legal agreement for rental transaction as well as transfer of equipment ownership in terms of sale transaction for which MIPL may charge service fee which shall be reimbursed by the party agreed upon.
11.Based on the nature of service transaction, MIPL shall act as a payment facilitator for any contract arising out of the market-network for which the parties while agreeing on the said transaction will reimburse MIPL with a scheduling fees as a part of intermediary commission determined by the rental or purchase agreement in order to achieve a fulfilled service and protect the interests of both the demand and supply side of the marketplace transaction.
12.MIPL will provide a dedicated account management system armed with personnel to support the party registered with the market-network. However, the party acknowledges that the marketplace would have no control over the property or service is being operated during any stipulated time period.
13.The equipment owner agrees to maintain a stable insurance policy for the said property or service transaction as required by law. The indemnities and assumption of risks, liabilities and obligations of arising under the transaction period will continue in effect after the termination of this service package regardless of termination.
14.The marketplace and neither the party, reserves the right to terminate the service package before the expiry period. However, the party or the marketplace can effectually do so if the conditions vetted in the listing agreement is not met with and either of the party is subjugated can claim termination.
15.All the matters of disputes shall go through a pre-determined process of healthy negotiation with the parties. Failing settlement, a course of arbitration will be followed under the statutory provisions of Arbitration and Conciliation Act, 1996. However, if the action is pursued directly in the Courts of law, all the matter will fall under the jurisdiction of Courts of Jaipur.