Quotation No : 30093334

Technical Details

1 Description : KA67 DIBE80M4

Ratio : 123.54
Output Shaft(mm) : 40
Output Torque(NM) : 619.00
SP. Lubricant : CLP VG 220 Mineral
Painting : RAL 7031
Output RPM : 12.00
MTG Position : M4A
O/P Flange(mm) : -
Serv. Factor : 1.33
Dor with RS : BI DIR
Power(KW) : 0.75
Duty Type : S1
Elect. Current(a) : Rated Curr (240/415V) : 3.2/1.85
Frequency : 50 Hz
Inusulation : F
Enclosure : 55.000
Tbox / Cable : 270/Normal

Motor RPM : 1430.00

Voltage(v) : 240/415 D/Y
Quotation No : 30093334

TERMS AND CONDITIONS OF SALE AND DELIVERY ISSUED BY SEW-EURODRIVE INDIA PVT. LTD

2.5 If SEW, after sending its order confirmation, is made aware of any deterioration of the
Customer’s financial circumstances, SEW’s demands for all outstanding payments from the
1.1 In this Conditions : Customer shall be due immediately. In addition, SEW shall be entitled to carry out
outstanding deliveries and services, in deviation to the order confirmation, only upon advance
a. "Agreement" means any contract between SEW and Customer for the sale and payment, and to withdraw from the Agreement after a reasonable period of grace unless the
purchase of the Products. Customer provides security to the satisfaction of SEW. The same applies for failure to comply
with the terms of payment, even if failure to do so concerns other orders from the mutual
b. "Customer" means any customer of SEW to whom Products are supplied under business relationship.
these terms and conditions. 2.6 All payments made by the Customer to SEW under any Agreement subject to these
conditions shall be made free of any restriction or condition and without deduction or
c. "Products" means all products/services and associated documentation to be withholding on account of any other amount and/or claim, whether by way of set-off or
supplied/rendered under the Agreement. otherwise and whether such amount and/or claim is connected to any agreement subject to
these Conditions or otherwise. Notwithstanding the foregoing, the Customer shall be entitled
d. "SEW" means SEW-EURODRIVE India Pvt. Ltd., a company incorporated under the to off-set claims if the Customer’s counterclaims are undisputed or declared legally binding
Companies Act, 1956, having its office at Plot No. 4, G.I.D.C Por Ramangamdi, by SEW in writing.
Vadodara, Gujarat - 391 243. 2.7 Cancellation or amendment of any Agreement by the Customer requires the prior approval in
writing of SEW and shall be conditional upon Customer indemnifying SEW against all
1.2 Deliveries and services shall exclusively be handled on the basis of the applicable order reasonable costs and expenses incurred by SEW as a result of such cancellation or
confirmation, any special agreements made in writing, and in accordance with the amendment, as the case may be including but not limited to, storage and shipment costs,
following conditions. Any other terms and conditions, particularly purchase terms and costs of producing non-standard materials, costs of purchasing non-returnable materials,
conditions, do not apply unless SEW has approved of their validity expressly in writing. cancellation costs imposed on SEW by its suppliers, and any other cost resulting from
cancellation/amendment of the order which is permitted by SEW.
1.3 Offers from SEW are subject to change. An Agreement comes into effect with the order
confirmation from SEW in writing.
3.1 All dates and periods for delivery are estimated and do not constitute fixed times for delivery
1.4 The Customer is obligated to provide correct specified data in full and check the order by SEW. Delivery and service shall be provided within the calendar week confirmed by SEW
confirmation for the correctness of the data provided. in writing, albeit not prior to clarifying all implementation details. The Customer must fulfil all
obligations incumbent upon the Customer, such as the provision of a down payment, in due
1.5 Specifications regarding the delivery and service item (in catalogues, product information, time. If this is not the case, the delivery time shall be extended accordingly.
electronic media or labels, for example) are based on SEW’s general experience and
knowledge and are to be regarded as guide values or identifications. The Product 3.2 The delivery time shall be extended further as appropriate in the event of unforeseeable
specifications as well as any explicitly agreed performance characteristics/ applications do conditions, which are beyond SEW’s control, regardless of whether such events arose at
not release the Customer from checking and testing the technical and legal qualification for SEW or its suppliers, for example, cases of force majeure, industrial actions, import and
the intended use of the Product, especially regarding the property right. The latest versions export restrictions, approval from official authorities, and other delays beyond a party’s
of all information materials (catalogues and operating instructions, for example) are control, in the completion of delivery parts, malfunctions, or defective goods, delays in the
available on the Internet at www.seweurodriveindia.com or www.sew-eurodrive.com. delivery of essential parts and raw materials, insofar as those conditions have a significant
1.6 Specifications regarding the properties and application options of SEW Products do not influence on the completion or sending of the goods ordered. These types of conditions shall
involve any guarantees, if not explicitly referred to as such. also be deemed beyond SEW’s control if they occur during a delay that is already effective.
SEW shall immediately notify the Customer of the beginning and end of such conditions.
1.7 Project planning support from SEW occurs only within the scope of the entire system
specified by the Customer. SEW does not accept any liability for such systems, even if 3.3 Unless otherwise expressly agreed in writing, SEW may deliver Products ordered in
SEW offers and delivers Products that have integrated, functional safety. instalments in which case each instalment shall be treated as a separate Agreement
governed by these conditions. No delay in the delivery of any instalment of Products or any
1.8 SEW reserves the right to make any changes to technical data and designs in the interest defect therein shall entitle the Customer to terminate remaining Agreements.
of technical progress and development.
3.4 If the Customer causes a delay in accepting the delivery or culpably infringes another
1.9 SEW reserves the right of ownership and copyrights for all patterns, illustrations, drawings, obligation to co-operate, or where delivery is otherwise postponed without default by SEW,
calculations, and similar information of corporeal and incorporeal nature, including those in SEW shall be entitled to demand compensation for any damages incurred, including any
electronic form. The same applies for documents and information including records, additional expenditures. Any further claims are reserved.
computer software and all other information supplied by SEW under the Agreement
(Technical Information) whether or not designated as “confidential.” Prior written
permission from SEW is required to disclose Technical Information to third parties.
Technical Information is supplied on the express understanding that intellectual property 4.1 Risk is passed to the Customer upon transfer of the Products to the shipping company or
rights therein is reserved to SEW. Technical information shall be kept confidential by carrier, albeit no later than when the delivery leaves SEW’s factory or warehouse. This also
Customer, its employees, agents or subcontractors, shall not be copied, modified or applies if a carriage-paid delivery, ex works delivery, or similar arrangements have been
disclosed by any of them and shall not be used by them otherwise than for the purposes of agreed upon in writing. Insofar as the acceptance of delivery is to be made, acceptance is
the operation and maintenance of the Products. SEW grants to Customer the non- authoritative for the passing of risk. Acceptance is due immediately by the acceptance date,
exclusive and non-transferable right to use the Technical Information, for the life of alternatively after SEW reports consent to accept, whichever shall be the earlier. The
Products supplied under the Agreement for the purposes of their operation and Customer may not refuse to accept delivery on account of a nonessential defect.
maintenance in the place and manner anticipated and for no other purpose.
4.2 If shipping or acceptance is delayed or not undertaken as a result of conditions that are
beyond SEW’s control, risk is passed to the Customer from the day of the delivery or after
1.10 The Agreement established herein is between SEW and the Customer as principals and SEW reports consent to accept, whichever shall be the earlier.
neither benefits nor burden is assignable by the Customer without SEW's prior written
consent. The Agreement may be assigned, sub contracted or otherwise disposed of by
SEW.
1.11 These Terms and Conditions also apply to all future deliveries and services until new 5.1 SEW reserves the right of title (legal and beneficial ownership) to delivered Products until
terms and conditions of sale and delivery from SEW come into effect. either:
a. SEW has received payment of all monies payable (whether or not due) to SEW under
all Agreements between the Customer and SEW; or

2.1 Prices set by SEW are quoted ex works or delivery storage sites provided that no other b. When SEW serves on the Customer a specific notice in writing specifying that title in
written agreements have been made by SEW in writing. Unless otherwise agreed by SEW the delivered Products or any part thereof has passed to the Customer.
all prices are payable in Indian Rupees (INR). Prices do not include packaging, shipping,
postage, insurance or the legally applicable taxes including but not limited to GST or any 5.2 If the Customer defaults on a payment due date, SEW shall be entitled to re-enter the
other tax, charge or government impost (domestic or foreign). Products in its inventory after issuing a default notice. SEW may also repossess the Products
without prior withdrawal from the Agreement. Customer herewith agrees to allow SEW's
2.2 Time for payment of the price is of the strict essence of the Agreement. Unless otherwise officers, employees, representatives or agents, with or without protective force, to enter its
agreed in writing by SEW, payments shall be made in advance without any deductions and premises (with or without vehicles) without delay during normal business hours and
free of charge to a designated SEW account. Variations to this regulation shall be subject repossess such Products.
to a separate written agreement. 5.3 SEW shall be entitled to withdraw from the Agreement if the Customer acts contrary to the
Agreement, in particular by defaulting payment. For returning Products as a result of
cancellation or withdrawal by SEW, SEW shall only be obligated to issue credit in the amount
of the invoice value with a deduction of decreased value determined by equitable discretion
2.3 Checks and bills of exchange shall be valid as a payment only upon encashment, whereby as well as the return and disassembly costs, however at least over 30% of the invoice value.
SEW reserves the right to accept bills. No payment shall be deemed to have been SEW ensures higher credit if the Customer satisfactorily proves a higher recoverability of the
received until SEW has received cleared funds. value of the repossessed Products.
5.4 Until title to the Products has passed to the Customer under these Conditions, it shall
possess the Products as fiduciary agent and bailee of SEW and shall store the Products
2.4 In the event of default in payment by Customer, SEW shall be entitled (without prejudice to separately from other goods. The Customer is obligated to take care of the Products; in
any other right or remedy):- that is already effective. SEW shall immediately notify the particular the Customer is obligated to insure up to the replacement value for fire, water, and
Customer of the beginning and end of such conditions. theft damage at the Customer’s own expense.
5.5 The Customer is to inform SEW immediately in case of seizure, confiscation or other act of
a. to suspend without notice all further deliveries on any agreement between SEW and disposal or encroachment by third parties and shall hold SEW indemnified and harmless.
Customer;
5.6 The Customer shall be entitled to resell the delivered Products in accordance with proper,
business practices. Seizure, charging as security or other acts of disposal is prohibited. If the
b. to charge interest on a daily basis (after as well as before judgment) on any amount Customer resells Products delivered by SEW, regardless of the condition of such Products,
outstanding at the rate of 24% per annum from the day it falls due until the day it is the Customer shall cede to SEW all receivables originating from mutual business
relationships arising from the sale up to the value of the Products against its purchasers with
all ancillary rights to SEW. The Customer shall be entitled to collect such receivables.

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Quotation No : 30093334

5.7 Entitlement to resale and collection of receivables can be revoked, if the Customer enters 7.3 Without prejudice to Clause 7.2, the liability, if any, of SEW or SEW’s representatives for
into default of payment or if the Customer financial circumstances or credit worthiness damages whether arising from breach of the Agreement, warranty, negligence, indemnity,
deteriorates. Upon request, the Customer shall be obligated to disclose the withdrawal to strict liability or other tort, or otherwise with respect to the Products shall be limited to an
its recipients unless SEW does not inform the recipients of the Customer itself, and give amount not to exceed the price of the Product (so paid by Customer) giving rise to the
SEW the necessary information for the assertion of its rights against the Customer’s liability. Customer agrees and undertakes to insure adequately to cover claims in excess
recipients and surrender documents. of such amount arising from whatsoever consequences.
5.8 The Customer agrees to always carry out any processing or modification of delivered
Products for SEW. If the Products are used with objects not belonging to SEW, SEW shall 7.4 Prices are quoted by SEW on the basis of the limitations of liability set out in Clause 7.3.
acquire joint ownership of the new object in the proportion of the value of the Products to Customer shall be entitled to request SEW to agree a higher limit of liability and SEW may
the other processed objects at the time of processing. For objects resulting from (at its discretion) then quote a revised price taking account of any increased insurance
processing, the same applies as for Products delivered with due reserve. premium to be borne by SEW.

7.5 Customer shall indemnify SEW against all losses, costs, claims, damages, expenses and
liabilities in respect of, or arising out of, any injury, loss or damage whatsoever suffered by,
6.1 This Clause 6 specifies the extent to which SEW will be liable for Product warranty. Its or occasioned to, any person arising out of, or in connection with, the supply by SEW of
principal terms are a financial limit on SEW’s liability. SEW’s entire liability and Customer’s products or any act or omission of Customer in its performance of its obligations under the
sole remedies, whether in contract, tort or otherwise shall be as set out in this Clause 6. Agreement, except where any such claim or loss is a direct result of any negligent act or
THE WARRANTIES SET FORTH HEREIN OR IN SEW’S WARRANTY DOCUMENT default of SEW.
WITH RESPECT TO A PRODUCT (INCLUDING SOFTWARE PROVIDED WITH ANY
PRODUCT) ARE THE ONLY WARRANTIES MADE BY SEW IN CONNECTION WITH 8 CUSTOMER’S LIABILITY FOR INCORRECT/DELAYED SUBMISSION/NON-
SUCH PRODUCT AND THE TRANSACTION CONTEMPLATED BY THE AGREEMENT SUBMISSION OF STATUTORY DECLARATION.
OR OTHERWISE UNDER LAW.

6.2 Any implied warranties or conditions as to quality or fitness for particular purpose is hereby 8.1 The Customer shall be entirely responsible and liable to honour its statutory commitment
excluded. including providing requisite declarations as committed in its purchase order, based on
6.3 Subject to the terms of this Clause 6, SEW warrants that the Products will be free from which is entitled to or has availed any tax benefits. Sales Agreement shall be executed
defects as a result of faulty design, workmanship or materials (other than free issue purely on the basis of such statutory commitments/declarations.
materials). This warranty shall be for a period of 12 months from installation or 18 months
from despatch one (1) year from the date of delivery of Product or Product achieving the
recommended maximum life usage for product, whichever is the earlier (6 months in case 8.2 In case the Customer fails to comply with its statutory commitment/declarations or fails to
of loose spares if fitment done by SEW authorised person). This warranty is subject to: deliver the requisite statutory forms, SEW reserves the right, at its option, either not to
execute the Agreement or charge the Customer with the entire cost associated due to
a. SEW receiving written notification of the defect within the period of this limited such non-compliance, including interest and/or penalty, if any.
warranty;
b. Product being made available to SEW for inspection without any further use of, or 8.3 The Customer unequivocally admits that whatever the charged amount is an admitted debt
alteration to, or interference with the Product (save as otherwise provided herein), owed by it to SEW, and undertakes to pay the same within 21 days failing which the
within 5 days of the defect becoming apparent; Customer shall be deemed unable/incapable to pay its debts.

c. the defect is not a result of any design specification or instruction given by Customer; 8.4 Units sent to SEW plants for repairs/service under job work challan must be arranged to
be removed from SEW’s premises within 180 days of the challan date. In case Customer
d. the defect is not a result of Product being altered, modified or subject to misuse, fails to do so, SEW reserves the right to sell/auction/scrap such units after giving 30 days
incorrect installation, maintenance, neglect, accident, specifications and items which prior notice and recover the service/repair costs from the proceeds thereof.
are outside SEW's scope of supply, damage or used with incompatible parts;

e. that Customer has fully complied with instructions of SEW concerning the use and 9 RIGHT OF WITHDRAWAL
storage of Product. SEW can withdraw from the Agreement either in part of in full by written declaration, in the
event of the Customer’s inability to pay on time, over-indebtedness of the Client,
6.4 In the event of a deficiency, the Customer must inform SEW immediately in writing in discontinuation of payment by the Client or if the Customer has filed for insolvency. The
accordance with the condition prescribed under Clause 6.3. In the event of warranty Customer herewith agrees to provide SEW access to its place of business during normal
defects, the Customer shall be entitled to claim performance of the Agreement, in which business hours and repossess the Products. If SEW withdraw from the Agreement
case SEW shall be entitled to select (at its discretion) whether to eliminate the defect or to pursuant to this Clause 9, it shall have no legal responsibility whatsoever for any liabilities,
supply a non-defective Products or service, as the case may be. Customer shall grant losses, damages, costs or expenses whatsoever incurred, suffered or paid by the
SEW the time and opportunity to undertake performance of Agreement and shall not Customer as a result of, or in connection with, such withdrawal.
charge for doing so. Products which the Customer claims to be defective shall only be
returned to SEW upon the request of SEW and, where applicable, properly packaged with
a packing slip indicating the order number. 10 EXPORT RESTRICTIONS
6.5 Subject to the limitation of liability prescribed in Clause 7, in the event that defects are to The delivery of Products and/or service described in the order confirmation may be subject
be resolved, SEW agrees to bear expenses incurred in the resolution of the defect, to applicable export control regulations stipulated by Indian, German, European, or U.S
particularly transportation, freight, labor and material costs, as long as such costs are not laws, for example due to the type or intended use, or final destination of the delivery
increased by the fact that the Product had been brought to another location other than the and/or service. This means each order applies subject to the fact that the Product/service
place of performance, unless the transport complies with designated use. is not prohibited under these regulations and that approvals, authorizations or permissions
are given which SEW requires for fulfilling the Agreement.
6.6 For the avoidance of doubt replacement/repaired Product shall have the benefit of the
limited warranty for the remainder of the warranty period applicable to the original Product.
11 PLACE OF PERFORMANCE, PLACE OF JURISDICTION AND APPLICABLE LAW
6.7 Any damages caused by any of the reasons listed below and for which SEW is not held
responsible as a breach of duty do not constitute a right to claim under warranty: 11.1 Unless otherwise stated in the order confirmation, SEW headquarters in Vadodara,
Inappropriate or improper use after passing of risk, particularly excessive use, incorrect Gujarat, India is the place of performance.
assembly or start-up by the Customer or third party despite the provision of appropriate
assembly instructions, natural wear and tear, incorrect or negligent handling, unsuitable 11.2 The place of jurisdiction for any direct or indirect disputes/ legal actions resulting from the
operating material, replacement materials, inadequate construction work, inobservance of Agreement shall be Vadodara, Gujarat, India.
operating instructions, unsuitable operating conditions, particularly unsuitable chemical,
physical, electromagnetic, electrochemical or electrical influences, climatic or
11.3 The provisions of this Agreement, even if goods and services are sent to other countries,
environmental influences as well as excessively high or low ambient temperatures.
are subject to Indian law.
6.8 In the case of products not manufactured by SEW:
a. SEW gives no assurance or warranty/guarantee that the sale or use of the products 12 MISCELLANEOUS
will not infringe any third party intellectual property rights; and 12.1 All obligations contained in the Agreement which by their nature or effect are required or
intended to be observed, kept or performed after termination or expiration of the
b. the obligations of SEW relating to defects in such products are limited to the Agreement will survive and remain binding upon and for the benefit of the parties, their
warranty/guarantee (if any) which SEW receives from any manufacturer or supplier successors and permitted assigns.
of such products.
12.2 Notices or other communications under this Agreement shall be in writing, and shall be
6.9 SEW shall not be liable for, and Customer shall indemnify and hold SEW harmless against deemed served if delivered personally, or if sent by facsimile transmission, by overnight
all costs, claims, damages, liabilities and expenses incurred by SEW arising from any use mail or courier, or by certified mail, return receipt requested and addressed to the relevant
by Customer of Products after Customer becomes or ought reasonably to have been party.
aware of a defect.
6.10 Service, Technical support & Warranty for DIB motors will not be provided outside India. 12.3 Except as otherwise specifically provided in this Agreement, a person who is not a party to
this Agreement shall have no right to enforce any terms of the Agreement.
Any additional claims are exclusively subject to Section 7 of these Conditions.
12.4 No waiver of or delay or failure by SEW to exercise any rights or remedies shall prejudice
or preclude any future or further exercise thereof.

7.1 SEW does not exclude liability resulting from deliberate or grossly negligent breach of duty 12.5 If any provision of these Conditions shall be held invalid or unenforceable in whole or in
as well as culpable injury to life, body or health, unless governed otherwise by applicable part then the unaffected provision (or part of the provision, as the case may be) shall
laws. remain in full force and effect. Headings appear for convenience only and shall not affect
7.2 Any other liability for damages other than those stated above is void, without taking the the construction of these Conditions
legal nature of the submitted claim into consideration. Under no circumstances whatsoever 12.6
shall SEW be liable in contract, tort or otherwise howsoever arising for any claim, damage, We hereby confirm that all motors assembled by SEW India confirms to the latest
loss or costs in respect of: (a) any loss of profit; (b) loss of use of money; (c) loss of applicable Indian regulations and standards and are tested and certified accordingly.
anticipated savings; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill; (g) However at the component level it is not possible to furnish test reports and ceritficates as
loss of reputation; (h) loss of data; (i) any wasted expenditure; or (j) any indirect or sourcing is from multiple overseas manufacturing units of SEW.
consequential loss or damage howsoever caused.
Vadodara, Gujarat, India
April 1st , 2018

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