Terms and Conditions
Welcome to Foremost Meditech!
These terms and conditions outline the rules and regulations for the use of Foremost Meditech’s Website, located at https://foremostmeditech.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Foremost Meditech if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of in. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Foremost Meditech, you agreed to use cookies in agreement with the Foremost Meditech’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Foremost Meditech and/or its licensors own the intellectual property rights for all material on Foremost Meditech. All intellectual property rights are reserved. You may access this from Foremost Meditech for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Foremost Meditech
- Sell, rent or sub-license material from Foremost Meditech
- Reproduce, duplicate or copy material from Foremost Meditech
- Redistribute content from Foremost Meditech
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Foremost Meditech does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Foremost Meditech,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Foremost Meditech shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Foremost Meditech reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Foremost Meditech a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Foremost Meditech; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Foremost Meditech. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Foremost Meditech’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
By submitting our webform, you agree to receive calls on the number shared, and such calls and SMS would be coming from a third-party platform
Company Terms and Conditions
Terms & Conditions for appointing dealers across the country for sales & supply of FMPL assistive and devices:
Introduction: –
Foremost Meditech Pvt. Ltd. is an advanced medical devices manufacturer for smart ICU and OT. We make intelligent solution for intensive care unit and operation theaters.
Foremost design & manufacture advanced mechanical ventilators and anesthesia workstation.
Corporate GSTIN: 06AAFCF116L1ZU
1. Eligibility:
i. Individual firms, partnership firms & corporate bodies
ii. Co-operative societies.
ii. Government Sponsored agencies
iv. NGOs
v. Central/State Public Sector Undertaking
2. Past Experience & Turnover Dealers:
Should have at least 1 year experience preferably in medical product or medical trades. The freshers can also apply for the dealership however the dealership will be awarded
to them for a period of 3 months based on their financial strength market capture capability etc. The period of dealership will be extended based on their performance.
3. Financial Credibility:
Dealer should have a strong financial position.
4. Storage Facility & Display Room:
Dealer should have adequate storage facility with display space. In case of hired warehouse, details to be submitted to FMPL.
5. Sales Tax/Tin:
Dealer should possess the valid sales tax/TIN.
6. PAN number with a copy of latest IT return.
General Terms & Conditions
7. Appointment:
Any organization/individual desirous of becoming a dealer of FMPL must apply in prescribed form “Application for FMPL dealership” to the office. The concerned manager after
scrutinizing the form may accept or reject the dealership to the party. FMPL has the right to reject the appointment without assigning any reason thereof. Dealer has to
accept all the terms & conditions of the dealership agreement without any qualification. On appointment of dealer, certificate of FMPL dealership will be issued to the
fim/individual/organization. The dealership certificate must be prominently exhibited at each sale point of the dealer.
8.Validity & Renewal:
Initial validity of appointment is for six month, from the date of signing the agreement and for the freshers the dealership will be awarded to them for period of 3 month
based on their financial strength market capture capability etc,. the period of dealership will be extended by 1 years based on their performance.
Renewal of dealership will be purely dependent upon the performance of dealer. FMPL has the right to renew the dealer ship or reject the renewal. Renewal of dealership will
be in writing by FMPL.
9. Area of Operation :
FMPL dealer will be free to operate in authorized area (district , state, country or abroad) with intimation to FMPL. However FMPL has the right to increase, reduce or modify
the area of their operation.
10. Security Deposit:
FMPL never force his dealers to deposit any type of security amount in any other form. FMPL provides dealership free of cost.
11. A) Discount:
Dealers will book their orders giving 100% advance based on which the dispatches shall be made. In 1-15 days, Dealers are entitled to commission which shall be credited to
you.
Commission shall be decided at the time of agreement. Additional discounts are subject to achievement of financial turnover which is as per table below.
B) Additional discount / incentive may be given during the year end by raising credit note on the basis of Financial Turnover
12. Procedure for Indenting of the goods:
a) Booking the Order: Dealer would give his/her indents along with archas&ent and full payments in advance. After evaluating the demand and availability of the product the
availability of the rehabilitation aids and appliances stocks anddmutu eepre/postponing the delivery/lifting.
b) Advancement: Dealer may give indent for advance booking as per his requirement. However aids and appliances will be allotted depending upon its availability. No advance
booking discount will be paid.
13. Procedure for supply of Rehabilitation Aids & Appliances:
Rehabilitation aids and appliances supplies will be made to the dealer from the FMPL office in the state. However, the delivery of the machine will be made through air
courier and delivered direct to the registered address. The supply of rehabilitation aids and appliances will be based on its availability and the dealer is bound to sell the
aids & appliances as per declared sale price of aids & appliances by FMPL.
14. Payment Mode:
No credit facility is allowed by the Corporation. Payment would be through the following mode:
RTGS/NEFT/ Demand Draft after realization in FMPL’s account. Cheque will not accepted.
15. Quality:
The dealer shall be bound to sell the aids & appliances in FMPL’s product intact, original unopened container/ packing with tag, label & seal on. Under no circumstances the
marking, seal or packing shall be altered, broken/tampered with or damaged before or while selling the FMPL products.
The dealer shall anrange safe storage and handling of FMPL’s product in such a manner as to ensure that it is well protected against deterioration. In the event of decline in
aids & appliances quality below the prescribed standards, the dealer shall immediately stop the sale of such appliances.
16. FMPL will supply the aids & appliances as per Indian Quality Certification Standards and in case of any quality complaint received by the Corporation regarding the poor
quality or manufacturing defect, it should be received in writing within 15 days from the date of showing of the aids & appliances. If required, the field would be inspected
by the officer in the Regional/Area office along with the dealer and concerned office/complainant to verify the genuineness of the complaint as per the FMPL’s producer for
redressal of quality complaints of consumers circular.
17. FMPL’s officers are authorized to draw samples for inspective of the stock available with the dealer.
18. Product once sold to the Dealer shall not be taken back by FMPL
19. Termination of Agreement:-
Either party may terminate the contract by giving 30 days notice to the other party. On expiry of the notice the agreement shall stand cancelled and revoked, but without,
prejudice to the rights of either party against the other in respect of any matter or thing in existence prior to such cancellation/revocation. FMPL, however reserve the
right to terminate immediately the dealership without giving any notice as above in the event of contravention of any of the terms and condition.
The agreement shall be terminated if:
a) The dealer or any member of the Dealer’s firm is adjudicated insolvent or effect composition with his creditors.
b) The proprietor/partner of the individual concem/fim dies or partner of a partnership concerm change or a partnership is dissolved.
e) The period of the contract expires, unless it is renewed.
d) In the event of termination of the contract for any reason, the dealer shall settle all the accounts of recoverable statements set by FMPL, within 30 days of receipt of
the statement.
e) In the event, dealer fails to achieve the target, and after review of performance of the Dealer. Dealer will have no right to challenge termination of Dealership made by
the corporation as its own without assigning any reason.
20. Promotion:
FMPL may from time to time supply to the dealer and his sub dealers publicity material, hoarding, posters, signboard etc. as deemed fit or necessary but shall be under no
obligation to do so. Dealer has to participate in the advertisement and the sales promotion work undertaken by FMPIL
21. Arbitration:
Any or all dispute arising out of or under the dealership agreement and/or regarding the execution, implementation or interpretation of this agreement or any provision there
of shall be referred to sole arbitrator to be appointnent by Chaiman cum Managing Director of FMPL in accordance with the provision of the Indian Arbitration and
Reconciliation Act 1996 or any other statutory modification oreenactment thereof. Such Arbitration shall be held in the city Gurugram and the proceedings shall be conducted
in English/Hindi Language.
22. Jurisdiction:
All the disputes /difference or claims arising out of Dealership Agreement shall have GURUGRAM as its Jurisdiction.
23. Force Majeure
Any default or supply of product by FMPL shall not give rise to any claim for damages against FMPL, if and to the extent caused by force majeure or matters beyond the
reasonable control of FMPL including but not limited to causes of acts of GOD, acts of Government Authority, strike or other concerned acts of workmen riots ,floods
,explosion, breakdown of plant, extraordinary severe weather conditions, civil commotions etc.
Other Terms & Conditions
24. Dealer shall fumish to FMPL the precise addresses of his sub-dealers through whom FMPL aids & appliances bought by him will be sold at the retail level. The Dealer shall
also intimate additions, changes, modifications in the list to FMPL from time to time. However, the dealer will be solely responsible for the obligation arising out of all
acts of his sub-dealers.
25. Dealer shall be responsible to submit all sales documents required by FMPL to be provided to Govt. and other Agencies for claiming benefits /subsidies from them including
the name & address of the beneficiary.
Dealer has to get the subsidy certificate verified from the concerned State Govt. authorities and he has to maintain the records/documents desired by the State Govt.
authorities and all under the norms of any schemes.
26. The Dealer shall neither sell any aids & appliance from any other source in FMPL’s name nor shall sell FMPL aids &appliance in any other name.
27. FMPL shall not be responsible for any damage to the appliance after delivery to the Dealer on account of inclement weather, poor management, bad storage, defective
transit / handling etc. on the part of Dealers.
28. The Dealer is free to sell / supply the aids to any buyer like PSU, Govt., Other Institutes and Single user etc.
29. FMPL reserves right to amend / modify or change any terms and conditions of Dealership agreement by giving due notice to the dealer.
