Terms of Service
The terms on which Shiv Engineering & Elevators (SEE) quotes, sells, installs, and services lifts, elevators, cranes and material-handling equipment. By placing an order or signing an AMC contract with us, you agree to these terms.
These Terms of Service ("Terms") govern every quotation, sale, installation, service and Annual Maintenance Contract ("AMC") provided by Shiv Engineering & Elevators, a consumer brand of Shiv Engineering Works ("SEE", "we", "us", "our"), with workshop at Sukhdarshanpur, Barwala, Panchkula, Haryana 134118, India. Please read them carefully.
Acceptance & eligibility
By accepting a SEE quotation, signing a SEE work order, paying any advance towards a SEE quotation, or signing a SEE AMC contract, you confirm that you have read, understood and agreed to these Terms together with the specific quote, work order or AMC schedule applicable to your engagement. If any term in your signed quote or AMC schedule conflicts with these Terms, the signed document prevails for that engagement.
Customers must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872. Where you contract on behalf of a company, partnership or other entity, you represent that you are authorised to bind that entity.
Quotes & orders
Every quotation we issue includes a specification (product family, model, capacity, finish, accessories), a price exclusive of GST unless stated otherwise, a delivery lead time, payment milestones, and a validity window. Unless otherwise stated, our quotations remain valid for 30 days from the date of issue.
An order is placed when (a) you confirm the quotation in writing (email, WhatsApp, signed work order or purchase order) and (b) the agreed advance payment has cleared our bank account. Until both conditions are met, materials are not blocked, production slots are not allocated, and delivery dates are not committed.
Where your purchase order contains commercial terms that conflict with our quotation, we will write to you to reconcile them. Silence on our part does not constitute acceptance of conflicting PO terms.
Pricing & taxes
All prices in our quotations are in Indian Rupees (₹) and are exclusive of Goods and Services Tax (GST) unless stated. GST is added to invoices at the rate prevailing on the date of invoice (currently 18% on lifts, cranes, pallet trucks, and most material-handling equipment; rate subject to government notification).
Where a quotation is valid beyond 30 days, we reserve the right to revise prices to reflect material cost changes (steel, copper, hydraulic components) and statutory levy changes. Any such revision will be advised to you in writing before order confirmation.
Freight, octroi, entry tax, e-way bill costs, and statutory inspection fees are extra unless the quotation specifies "delivered & installed".
Payment terms
Standard payment milestones for new equipment orders, unless varied in the quotation:
- 50% advance with order confirmation, against pro-forma invoice.
- 40% on intimation of dispatch from the workshop, against tax invoice.
- 10% on commissioning and handover.
AMC invoices are payable annually or quarterly in advance as per the AMC schedule. Service-call invoices outside an AMC are payable within 15 days of invoice date.
Payments accepted by NEFT, RTGS, IMPS, UPI and bank cheque. Cheque payments are credited only on realisation. Late payment attracts interest at 18% per annum calculated daily on the overdue amount.
Title in any goods supplied passes to the customer only on receipt of full payment. Until then, the goods remain our property and we may at our discretion repossess them at the customer's cost.
Delivery & site readiness
Lead times stated in our quotation are indicative and run from receipt of the advance payment and finalisation of all engineering details (drawings, finishes, car dimensions, control logic). Lead times are subject to material availability and statutory permits.
We deliver to the address stated on the work order. The customer is responsible for ensuring that the site is ready to receive the equipment, including but not limited to:
- Completed civil work (shaft, pit, machine room or MRL alcove) to the dimensions in our approved drawing.
- Three-phase or single-phase power supply at the specified rating, terminating in a 32 A or 63 A isolator within 1.5 m of the controller, as applicable.
- Safe access for transporters, cranes (if required) and our installation crew.
- Storage space onsite for the unloaded components, secured from theft and weather.
- Any statutory permits or NOCs required from the local authority, Inspector of Lifts & Escalators, or building management.
If the site is not ready on the scheduled date, we may reschedule delivery and the customer shall bear (a) demurrage charges and (b) reasonable redeployment costs of our installation crew.
Installation & commissioning
Where the quotation covers installation, our own crew (not third-party erectors) carries out the fitment in accordance with the approved drawings, IS 14665 (for passenger and home lifts) or the applicable code for the equipment in question, and the manufacturer's manuals.
Commissioning involves load testing, safety-gear test, governor test, door-interlock test, electrical safety test, and a function-run for not less than 100 cycles. On successful completion, a Commissioning Report is signed by our engineer and a representative of the customer. Signature of the Commissioning Report constitutes deemed handover.
Where the customer requires statutory clearance by the Inspector of Lifts & Escalators or any other authority, we will assist with the technical documentation. Fees payable to the authority and the timing of their inspection are outside our control.
Warranty & AMC
Equipment supplied by us is covered by our standard Warranty as set out in our Warranty Policy. Warranty is conditional on (i) full payment as per Section 4, (ii) installation by SEE or by an installer expressly authorised by SEE in writing, and (iii) operating the equipment within its rated capacity and intended use.
We offer Annual Maintenance Contracts (Comprehensive and Non-Comprehensive). The specific terms of an AMC — frequency of visits, parts coverage, breakdown response time, fee — are set out in the AMC schedule signed between the parties.
Cancellation & refunds
Cancellation of an order after the advance payment is received will attract the following charges, deducted from any refund:
| Stage of cancellation | Charge retained by SEE |
|---|---|
| Before drawing approval & material indent | 10% of order value |
| After drawing approval but before material cutting | 25% of order value |
| After material cutting but before despatch | 50% of order value (custom assemblies are non-cancellable thereafter) |
| After despatch | 100% — order is non-cancellable |
Refunds, where applicable, are made to the originating bank account within 21 working days of the cancellation taking effect.
AMCs may be cancelled by either party with 30 days' written notice; fees are refunded pro-rata for unutilised period less any visits already executed at the regular service-call rate.
Customer obligations
Once equipment is handed over, the customer agrees to:
- Use the equipment only for its rated load, speed and intended application.
- Display the rated capacity and operating instructions visibly to all users.
- Restrict access to the machine room or control area to authorised personnel.
- Maintain electricity supply within the specified voltage and frequency tolerances; surges, brown-outs, or unstable supply that damage electrical components are outside Warranty.
- Not modify the equipment, swap components, or permit third parties (other than SEE-authorised engineers) to service it during the Warranty or AMC period.
- Maintain housekeeping in the shaft, pit, machine room and surroundings.
Intellectual property
All drawings, technical specifications, control-panel logic, software and brand assets supplied or shown to you by SEE remain our intellectual property. They are shared with you solely for the purpose of evaluating, ordering or operating the equipment. Reproduction, sharing with third parties, or use to procure equivalent equipment from a competitor is prohibited.
"Shiv Engineering & Elevators", "SEE" and our logo are trademarks (registered or in registration). Use of them without written permission is prohibited.
Limitation of liability
Our liability to the customer in respect of any claim, whether arising in contract, tort, statute or otherwise, is limited as follows:
- Our aggregate liability for any single claim or series of related claims shall not exceed the invoice value of the specific equipment, AMC or service giving rise to the claim.
- We shall not be liable for any indirect, incidental, special, consequential or loss-of-profit damages, including loss of business, loss of use, loss of rental income, or loss of opportunity.
- We exclude liability where damage is caused by misuse, overloading, unauthorised modification, civil-work defects, power-supply faults, vandalism, acts of God, or events of Force Majeure (Section 12).
Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by our gross negligence.
Force majeure
Neither party is liable for delay or failure to perform any obligation under these Terms (other than payment of money already due) caused by events beyond reasonable control, including but not limited to: acts of God, fire, flood, earthquake, pandemic, riot, war, terrorism, strikes, lockouts, government order, denial or revocation of statutory permits, breakdown of essential infrastructure, or non-availability of raw materials. The affected party shall notify the other in writing within 7 days and use reasonable endeavours to mitigate the impact.
Confidentiality
Each party agrees to keep confidential any non-public commercial, technical or personal information received from the other in connection with a quotation, order or AMC, and to use it only for the purpose for which it was disclosed. This obligation survives termination of the engagement by 3 years, except that personal data is governed by our Privacy Policy.
Dispute resolution
If a dispute arises out of or in connection with these Terms or any engagement, the parties shall first attempt good-faith negotiation between authorised representatives for not less than 30 days.
If the dispute is not resolved by negotiation, it shall be referred to arbitration by a sole arbitrator appointed by mutual consent (failing which, in accordance with the Arbitration and Conciliation Act, 1996). The seat of arbitration shall be Panchkula, Haryana. The proceedings shall be in English. The award shall be final and binding.
Subject to the arbitration clause, the courts at Panchkula, Haryana shall have exclusive jurisdiction over any application for interim relief or for enforcement of the award.
Miscellaneous
Severability. If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force.
No waiver. Failure or delay by either party in enforcing any provision shall not constitute a waiver of that provision.
Assignment. The customer shall not assign rights or obligations under these Terms without our prior written consent.
Notices. Notices to SEE shall be sent to shivelevator07@gmail.com with a copy by post to the workshop address. Notices to the customer shall be sent to the email and address on the work order.
Entire agreement. The signed quotation/work order/AMC schedule together with these Terms constitute the entire agreement between the parties on the subject matter and supersede any prior representation.
Amendment. We may amend these Terms from time to time. The version applicable to an engagement is the version published on this page at the time the order was placed.