Terms & Conditions

1. Acceptance of Terms

Welcome to ARKAY ENGINEERS ("Company", "we", "us", "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, engineering services, manufacturing solutions, and professional consulting (collectively, the "Services"). By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

These Terms apply to all visitors, users, clients, and others who access the Services ("Users", "you"). If you are entering into this agreement on behalf of a company or legal entity, you represent that you have the authority to bind such entity.

2. Engineering & Services

ARKAY ENGINEERS provides precision machining, industrial fabrication, civil engineering, electrical systems, maintenance services, and project consulting. Specific deliverables, timelines, and fees for engineering projects will be outlined in separate Statements of Work (SOW), purchase orders, or service agreements. In the event of a conflict, the SOW or purchase order shall prevail.

• Custom Engineering: All custom orders require written specifications and approval. Any changes to scope require written change orders.
• Standard Services: Services are provided as per industry standards and specifications agreed upon at the time of engagement.
• Project Timelines: Estimated delivery timelines are provided in good faith but may vary based on project complexity and resource availability.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

3. Intellectual Property Rights

All content, trademarks, logos, designs, methodologies, and materials provided by ARKAY ENGINEERS are our exclusive property or that of our licensors, protected by copyright, trademark, and other intellectual property laws.

• Our IP: You may not reproduce, distribute, modify, or create derivative works without prior written consent.
• Client IP: Any intellectual property created specifically for a client under a paid engagement (custom designs, engineering drawings) will be transferred to the client upon full payment, excluding our pre-existing tools, manufacturing processes, and proprietary methodologies.
• Feedback: Any suggestions, ideas, or feedback you provide regarding our Services may be used by us without restriction or compensation.

4. User Obligations & Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• ❌ Violate any applicable local, national, or international law or regulation.
• ❌ Transmit any malicious code, viruses, or harmful software.
• ❌ Attempt to gain unauthorized access to our systems, accounts, or networks.
• ❌ Interfere with or disrupt the integrity or performance of our Services.
• ❌ Submit false or misleading information in any project request or communication.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

5. Payments, Fees & Invoicing

For engineering and service orders, fees are outlined in the applicable quotation or purchase order. Unless otherwise agreed:

• 💰 Custom engineering projects: 50% advance payment required before work commences.
• 📊 Balance payment due upon completion or as per agreed milestone terms.
• 💵 All invoices are payable within 15 days of receipt unless specified otherwise.
• 📈 Late payments may incur interest at 1.5% per month or the maximum legal rate.
• 🔄 Refunds: Deposits for custom engineering are non-refundable after work commencement. Standard service refunds subject to review.

6. Warranty & Returns

ARKAY ENGINEERS stands behind the quality of our engineering work. Warranty terms vary by service type:

• Manufactured Components: 12 months warranty against manufacturing defects from date of delivery.
• Engineering Services: Warranty on workmanship as specified in the service agreement.
• Returns/Corrections: Defective work must be reported within 7 days of delivery. Corrections require prior authorization.
• Exclusions: Warranty does not cover damage due to misuse, improper installation, normal wear and tear, or unauthorized modifications.

7. Delivery & Timeline

We strive to deliver all projects within agreed timelines. Delivery terms:

• 📅 Timelines are estimates and may vary based on project complexity.
• 🚚 Physical deliveries are FOB our facility unless otherwise specified.
• 📞 Clients will be notified of any delays with revised timelines.
• 📍 Risk of loss transfers to client upon dispatch or project handover.

8. Confidentiality

Both parties agree to protect each other's confidential information, including business strategies, technical data, engineering drawings, client lists, and proprietary processes. Confidential information shall not be disclosed to third parties without consent, except as required by law or to employees/contractors with a need to know. This obligation survives termination of these Terms.

9. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ARKAY ENGINEERS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKAY ENGINEERS AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless ARKAY ENGINEERS, its affiliates, and personnel from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from your violation of these Terms, misuse of Services, or infringement of any third-party rights.

12. Termination

We may suspend or terminate your access to the Services at any time, without liability, for any reason, including breach of these Terms. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination (e.g., intellectual property, confidentiality, liability limits) shall remain in effect.

13. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of India, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of New Delhi, India. The parties consent to the personal jurisdiction of such courts.

14. Amendments to Terms

We reserve the right to modify or update these Terms at any time. Changes will be effective immediately upon posting to this page, with the "Effective Date" revised accordingly. Your continued use of the Services after changes constitutes acceptance of the revised Terms. Material changes will be notified via email or website notice.

15. Contact Information

If you have any questions regarding these Terms & Conditions, please contact us:

• Email: arkay@arkayengineers.online
• Phone: +91 9286787883
• Address: 51/52, MODEL BASTI, Model Basti Bus Stop, New Delhi, Central Delhi, Delhi, 110005