Seller refers to the party to whom the order for purchase has been given.
ONE and ONE the brand are alternatively used for seller.
Customer refers to the person or organization placing the order.
Goods or services refers to the product for which the seller has placed an order with the customer.
The terms and conditions are valid for any goods or services provided by the Seller to the Customer. ONE the brand has the authority to change the terms and conditions without any prior notice to the customers.
The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on ONE, but ONE will make all efforts to fulfill the stated estimates.
All invoices/payments for ONE the brand shall be paid by the Customer as soon as the product delivery is made (in case of PAY ON DELIVERY). In the event of late payment, ONE may charge interest on the amount outstanding before and after judgment. Alternatively, for invoices unpaid 15 days after the due date, ONE may impose a surcharge equal to 2.5% of the outstanding amount.
If any amount of the payment is disputed by the Customer, the Customer shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
Where the Seller requires payment of a deposit, the Customer acknowledges that the deposit is not returnable.
All fees are exclusive of value added, taxes which will be added to invoices where appropriate.
ONE reserves the right to increase a quoted fee in the event that the customer requests a variation to the work provided by the brand.
Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Customer at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Customer for any expenses of delivery other than normal postage charges.
If an order is sent electronically (using checkout), the delivery will be made within 7 days if it is requested from Islamabad/Rawalpindi, 10 days from Lahore, and 15 days from Karachi. For other locations, delivery time may vary.
In case the delivery is not made within the above-mentioned time for respective areas, ONE the brand will not be liable for any delay.
In view of the nature of the service, any order - once confirmed by the Company - is not cancellable. Cancellation of the Order by the Customer will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
All written notices to be served on or given to the customer shall be sent or delivered to the customer's principle place of business and shall be treated as having been given upon receipt.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Customer (or which may be received from the Customer). In case of loss or damage, ONE the brand will not be responsible.
Usage of Goods or Services
Unless agreed and indicated in writing by the Company, the Customer (and their customers) shall be entitled to use the designs and products (i.e. the samples) only for the purpose of conducting market research to be carried out in conformity with the recognized ESOMAR/MRS Code of Conduct of the market research industry. The Customer shall not otherwise be entitled to store, pass on (whether to his/her customer or other person) or use these designs and products.
The Customer shall bear responsibility for ensuring that all usage of information contained within any samples is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.
Employment of Personnel
Subject to the prior written consent of the Company the Customer shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.
The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an "as-is" basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Customer.
The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.
Limitation of Liability
The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Customer in the year in which the event of default arises.
Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
The Customer shall fully indemnify the Company against any liability to third parties arising out of the Customer's use of the Goods.