Terms of Service

3.1 Eligibility: To use our Services, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. If you are using the Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

3.2 Account Registration: To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.3 Vendor Verification: Vendors must provide valid GSTIN (Goods and Services Tax Identification Number), company registration details, and other verification documents as required. We reserve the right to verify this information and reject or suspend accounts that fail verification.

3.4 Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

4.1 Marketplace Services: OEMLinker provides a platform connecting Buyers with Vendors for manufacturing services. We facilitate the creation of RFQs, AI-powered vendor matching, quotation submission, order management, and communication between parties.

4.2 AI-Powered Matching: Our Platform uses artificial intelligence to analyze engineering drawings and technical specifications to match Buyers with suitable Vendors. While we strive for accuracy, we do not guarantee the suitability of matches and recommend Buyers conduct their own due diligence.

4.3 Platform Role: OEMLinker acts solely as an intermediary platform. We are not a party to any transaction between Buyers and Vendors. We do not manufacture, inspect, or guarantee any products or services exchanged through the Platform.

5.1 RFQ Submission: Buyers must provide accurate and complete information in their RFQs, including technical specifications, drawings, quantity requirements, and delivery timelines.

5.2 Quote Acceptance: Accepting a Quote creates a binding agreement between the Buyer and Vendor. Buyers should carefully review all Quote details before acceptance.

5.3 Payment Obligations: Buyers agree to pay the agreed amount as per the payment terms specified in the accepted Quote. Late payments may incur additional charges.

5.4 Intellectual Property: Buyers represent that they own or have the right to use all designs, drawings, and specifications submitted through the Platform.

6.1 Accurate Information: Vendors must provide accurate information about their capabilities, machines, certifications, and capacity. Misrepresentation may result in account suspension.

6.2 Quote Submission: Quotes submitted by Vendors are binding offers. Vendors must honor accepted Quotes at the quoted price and terms.

6.3 Quality Standards: Vendors agree to deliver products that meet the specifications outlined in the RFQ and maintain consistent quality standards.

6.4 Delivery Commitments: Vendors must meet agreed delivery timelines. Delays must be communicated promptly to Buyers through the Platform.

6.5 Platform Commission: Vendors agree to pay the applicable Platform Commission on successful transactions as per the fee schedule.

7.1 Payment Processing: All payments are processed through our secure payment partners. We support multiple payment methods as displayed on the Platform.

7.2 Escrow Services: For certain transactions, payments may be held in escrow until delivery confirmation. Release of funds is subject to our escrow policy.

7.3 Platform Fees: OEMLinker charges a commission on successful transactions. Current fee schedules are available on the Platform and may be updated with notice.

7.4 Taxes: Users are responsible for all applicable taxes on their transactions. Prices displayed may be exclusive of GST and other taxes unless specified.

7.5 Refunds: Refund requests are handled through our dispute resolution process. Refunds are subject to our Refund Policy and the nature of the dispute.

8.1 Raising Disputes: Users may raise disputes through the Platform's dispute resolution system for issues including quality concerns, delivery delays, payment disputes, and specification mismatches.

8.2 Resolution Process: OEMLinker will review disputes and may request evidence from both parties. We aim to resolve disputes within 5-7 business days.

8.3 Resolution Options: Based on our review, resolutions may include full refunds, partial refunds, replacements, rework, or other remedies as appropriate.

8.4 Final Decision: While we strive for fair resolutions, users acknowledge that our dispute resolution decisions are final and binding for Platform-related matters.

8.5 Legal Recourse: Nothing in these Terms prevents users from seeking legal remedies for matters outside the Platform's dispute resolution scope.

9.1 Platform IP: All content, features, and functionality of the Platform (including software, algorithms, text, graphics, logos, and trademarks) are owned by OEMLinker and protected by intellectual property laws.

9.2 User Content: Users retain ownership of content they submit (drawings, specifications, etc.). By submitting content, users grant OEMLinker a limited license to use such content solely for providing the Services.

9.3 Confidentiality: Technical drawings and specifications shared through the Platform are treated as confidential. Vendors agree not to use Buyer designs for purposes other than fulfilling the specific order.

10.1 Platform Liability: OEMLinker is not liable for the quality, safety, or legality of products manufactured through the Platform. We do not guarantee the accuracy of Vendor capabilities or Buyer specifications.

10.2 Indirect Damages: To the maximum extent permitted by law, OEMLinker shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.

10.3 Maximum Liability: Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the Platform fees paid by you in the 12 months preceding the claim.

10.4 Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

11.1 User Termination: You may terminate your account at any time by contacting us. Termination does not relieve you of obligations for ongoing transactions.

11.2 Platform Termination: We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or for other reasons at our discretion.

11.3 Effect of Termination: Upon termination, your right to use the Services ceases. Provisions that by their nature should survive termination shall remain in effect.

12.1 Governing Law: These Terms are governed by and construed in accordance with the laws of India.

12.2 Jurisdiction: Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal, India.

12.3 Arbitration: For commercial disputes, parties may opt for arbitration under the Arbitration and Conciliation Act, 1996.