Terms & Conditions of Sale

These are the general terms and conditions that govern the sale of the Wattmon Remote Monitoring and Control Solution, serving as the sole basis of a commercial relationship.

By entering into a commercial transaction with Cynergy - A Unit of ADPS Trust, Auroville Foundation (hereinafter referred to as ‘Cynergy’) for the purchase of Wattmon or third-party products and services (hereinafter referred to as ‘Goods’), these terms and conditions are communicated to the person(s) or business(es) (hereinafter referred to as ‘Buyer”) wishing to engage with Cynergy and are irrevocably accepted by the Buyer.

These terms and conditions are provided here purely for information purposes and may be revised at Cynergy's discretion when deemed appropriate.

1. Purchase Price

Buyer shall raise a purchase order clearly outlining the devices and their respective quantity it wishes to order. The total amount for the order shall be calculated as per the Proforma Invoice generated by Cynergy, which the Buyer shall pay to Cynergy as the Purchase Price for the Goods ordered.

2. Payment

Cynergy shall invoice Buyer prior to shipment of the Goods. Unless otherwise stated the payment for the Goods will be the full (100%) Purchase Price advanced against the Proforma Invoice. Upon completion of payment, Buyer will share the confirmation receipt issued by the Bank.

Under the circumstances that Cynergy ships the Goods prior to payment, the Buyer will pay the amount within ten (10) days of the date of invoicing. If the Buyer fails to make a payment due under these terms within fourteen (14) days after the invoice date, Buyer agrees to pay to Cynergy a late payment fee of 5% of the balance amount every thirty (30) days after the expiry of the final payment’s due date till the full and final amount is paid to Cynergy.

If the payment remains pending for over a duration of ninety (90) days, Cynergy may suspend any Agreement(s) at the cost of the Buyer during which time Cynergy shall be absolved of all its obligations under said Agreement(s) not limited to delivery of Goods against future purchase orders and/or withholding technical support. However, this period of suspension shall not absolve the Buyer from paying the pending due amount and the late fee till full and final payment is made to Cynergy.

3. Delivery

The Parties hereby agree that the quantity of the Goods to be shipped shall be in terms of the Purchase Orders issued by the Buyer to Cynergy. Cynergy shall in terms of the Purchase Order ship the Goods to Buyer within four (4) weeks of the advance payment, by a reputed courier service, to the noted shipping address in the Buyer’s Purchase Order. Buyer shall be liable to pay all shipping costs and shall be responsible for the freight, insurance, and subsequent expenses.

4. Risk of Loss

Title to and risk of loss of the Goods shall pass to Buyer, immediately upon shipment of the Goods in Accordance with these Terms.

5. Right of Inspection

Buyer shall have the right to inspect the Goods once received and shall do so within ten (10) days after the receipt of the Goods. In the event that the Buyer discovers any damages, shortages or other non-conformance of the Goods, the Buyer shall notify Cynergy within ten (10) days after receipt of the Goods, specifying the basis for its claim. Failure to notify Cynergy by such date shall constitute in acceptance of delivery of the Goods as is. In the event the Goods are nonconforming, Buyer may at its option:

request Cynergy for remote support to rectify any faults.
return the Goods for a replacement, at Cynergy’s expense.

The above shall be the sole remedies of the Buyer and only obligation of Cynergy with respect to any nonconforming Goods.

6. Warranties

Cynergy provides a three hundred sixty-five (365) days limited warranty from the date of the invoice that the Goods are in good condition and shall be free from substantive defects. The warranty does not apply to the supplied third-party accessories unless explicitly stated, nor to any Goods that are damaged due to misuse, abuse, or negligence of any party other than Cynergy. Cynergy may offer an extended warranty of another year at an additional 15% of the Good’s sale price, totaling the warranty period to seven hundred thirty (730) days.

This does not however consistitue the complete warranty terms and conditions for the Wattmon first-party Goods, as well as for any third-party Goods.

7. Representations and Warranties

Cynergy warrants that the Goods are free, and at the time of delivery will be free from any security interest or other lien or encumbrance. Cynergy warrants that there are no outstanding titles and claims of title hostile to the rights of Cynergy in the Goods.

8. Service Support

Cynergy shall hold a training for the Buyer, at a location designated by Cynergy, to instruct the Buyer in the basic operations and functionality of the purchased hardware and software. Cynergy may also offer remote assistance for only Wattmon-related issues but will not be liable to provide with any on-site support. Prolonged remote support sessions, wherein the Goods are devoid of any issue, but Cynergy is required to assist the Buyer, may be subject to a consultation fee.

9. Force Majeure

Neither Party shall be responsible for any claims or damages resulting from any delays in performance or for non-performance due to unforeseen circumstances, including, but not limited to, earthquakes, fire, accidents, floods, storms, epidemics or pandemics, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control of the Parties. No such inability to deliver or delay in delivery shall invalidate the remainder of these terms.

10. Limitation of Liability

Cynergy will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these terms or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Cynergy has been advised of the possibility of any such damage. In no event will Cynergy’s liability exceed the price paid by the Buyer to Cynergy for the Goods giving rise to the claim or cause of action.

11. Governing Laws for Disputes

The terms stated herein shall be governed by and construed in accordance with the laws of India, within the jurisdiction of the state of Tamil Nadu.

12. Cancellation and Refund Policy

The payments initiated on Wattmon.com and related sub-domains are carried through certified providers such as HDFC Bank and Razorpay, who guarantee a 100% Secure Transaction.
Cynergy reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Cynergy also reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

In case of cancellation of orders:

By Cynergy : Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by us. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
By the Buyer : If you wish to have an order amended or cancelled, you may do so within 3 days of the date of confirmation of the order or prior to the completion of the delivery order, whichever comes earlier. If the cancellation is made within the specified period, the order amount will be reversed to your account. In the event of the cancellation request being made outside of the specified period, a cancellation and/or refund will not be entertained.