Job Order Terms & Conditions TL
1. The party purchasing the Products & Services, hereinafter referred to as "Tesuto Labs," and the party responsible for performing the Products & Services under this Job Order, hereinafter referred to as the "Provider," acknowledge that Tesuto Labs is a legally registered entity in India, with its registered office at Plot-62/3, Sector 3, IMT Manesar, Gurugram, Haryana, India-122052.
2. Time of performance of Products & Services is of utmost importance for this Job Order, and no variations or deviations from the agreed-upon timeline shall be permitted except with the prior written authorization from Tesuto Labs. In the event of any delay in the performance of Goods & Services, Tesuto Labs reserves the right to exercise all rights and remedies available to it under applicable law.
3. The terms and conditions of this agreement are fixed and non-variable. Any subsequent alterations or modifications to the terms shall be valid only if agreed upon in writing by both Tesuto Labs and the Provider.
4. The Provider agrees not to sub-contract any or part of the work/service to any other person, firm, or company without the explicit written consent of Tesuto Labs. Any unauthorized sub-contracting shall be considered a material breach of this agreement.
5. The Provider shall make every reasonable effort to maintain the confidentiality of all information related to designs, property, equipment, processes, or materials owned or used by Tesuto Labs, to which the Provider has access during the course of performing the work.
6. Tesuto Labs reserves the right to inspect and monitor the performance of the work at any stage, including in-process and final stages. However, such inspections shall not relieve the Provider from its responsibilities, obligations, and guarantees associated with the work performed.
7. The Provider represents and warrants that it will comply with all applicable local, national, and international laws and regulations pertaining to its performance of obligations under this agreement. This includes compliance at the premises of Tesuto Labs and its suppliers/customers. Tesuto Labs shall not be held liable for any accidents, bodily injury, death, or physical damage caused to the Provider as a result of its actions or omissions.
8. The Provider warrants that the services performed under this agreement shall be delivered diligently, competently, and in accordance with industry standards. The Provider further warrants that the part(s) and/or service(s) covered by this job order shall be fit for their intended purpose, free from any defects, incompetence, or non-conformity with the agreed specifications.
9. If the work is not completed within the stipulated timelines mentioned in the specific terms, a minimum penalty of 0.5% per week of delay shall be levied. However, in cases of extraordinary delay, Tesuto Labs may, at its sole discretion, determine additional remedies or measures to address the delay.
10. The Provider agrees to defend, indemnify, and hold harmless Tesuto Labs, its customers, or related parties against any and all liabilities, losses, damages, penalties, costs, or expenses arising from any allegation, claim, action, or suit, including but not limited to those arising from negligence, breach of duties, misconduct, lack of understanding, failure to perform duties competently, infringement of intellectual property rights, or violation of applicable laws and regulations.
11. In the event that the Provider fails to fulfil its obligation to remit applicable taxes to the Government, the Provider shall fully compensate Tesuto Labs for any loss suffered as a result of the tax credit loss. Tesuto Labs shall have the right to withhold further payments until the tax loss is recovered, along with any consequential interest and penalties imposed by the relevant authorities.
12. Any disputes or controversies arising from this agreement shall be subject to the exclusive jurisdiction of the courts in Gurugram, India