Terms and Conditions

Effective Date: Monday, January 1st, 2024 · Last Updated: Monday, January 1st, 2024

Overview

Welcome to Lighten Lift! These Terms and Conditions ("Terms") govern your access to and use of our website, engineering consultations, and commercial services, including the design, fabrication, supply, installation, modernization, maintenance, and repair of lifts and elevators ("Services"). By placing an order, approving a quotation, paying an advance deposit, or using our Services, you agree to be legally bound by these Terms. If you do not agree with these Terms, please do not engage our Services or utilize this website.

1. General Conditions & Contract Precedence

  • 1.1 Application: These Terms apply to all quotations, purchase orders, and service agreements entered into with Lighten Lift.
  • 1.2 Order of Precedence: In the event of any specific discrepancy or conflict between these general website Terms and a formally executed commercial quotation, Work Order, or Service Level Agreement (e.g., Annual Maintenance Contract - AMC) signed by an authorized representative of Lighten Lift, the express terms of the signed commercial agreement shall strictly prevail.
  • 1.3 Modifications: We reserve the right to revise or update these Terms at any time without prior individual notice. Updated terms become effective immediately upon posting to this website. Continued engagement with our Services signifies acceptance of the revised Terms.

2. Scope of Services & Technical Feasibility

  • 2.1 Service Scope: Lighten Lift provides specialized elevator solutions, including residential lifts, commercial elevators, hospital lifts, goods hoists, customized cabin fabrication, preventative maintenance (AMC), and emergency repairs.
  • 2.2 Engineering Feasibility & Variations: Preliminary quotations are formulated based on initial customer requirements and building drawings. Final execution remains subject to on-site shaft survey and structural feasibility verification. Any subsequent structural modifications, travel height alterations, or specification changes requested by the customer will be treated as change orders and billed accordingly with updated project timelines.
  • 2.3 Service Availability: All installation and maintenance commitments are subject to site readiness, raw material availability, and safe working access.

3. Pricing, Milestone Payments & Retention of Title

  • 3.1 Price Quotations: Written quotations issued by Lighten Lift are valid for thirty (30) days from the date of issuance, unless otherwise stated in writing, after which pricing may be revised to reflect prevailing raw material and freight costs.
  • 3.2 Progressive Milestone Payments: Unless an alternate milestone schedule is expressly defined in the signed commercial contract, payment terms for new installations and modernizations shall be structured as follows:
    • Advance Commitment Deposit: Thirty percent (30%) upon placing the order and engineering drawing approval.
    • Material Delivery Milestone: Fifty percent (50%) upon dispatch / safe delivery of elevator components and machinery to the customer's site prior to commencement of erection.
    • Mechanical & Electrical Erection: Fifteen percent (15%) upon completion of mechanical alignment, guide rail erection, and wiring.
    • Testing & Handover: The remaining five percent (5%) balance upon final testing, commissioning, or offering the lift for handover.
  • 3.3 Late Payment & Suspension: Invoices must be cleared within the timeline specified. Overdue payments shall accrue interest at the rate of 18% per annum (or the maximum rate permitted by law) from the due date until full settlement. Lighten Lift reserves the unconditional right to pause factory manufacturing, demobilize on-site installation crews, or withhold maintenance support while payments remain delinquent.
  • 3.4 Retention of Title (Ownership of Goods): Notwithstanding delivery or on-site assembly, legal ownership and title of all elevator machinery, motors, VVVF panels, cabins, guide rails, safety gear, and ancillary parts remain exclusively with Lighten Lift until all due sums have been received in cleared funds. In the event of customer default or insolvency, Lighten Lift reserves the irrevocable right to enter the premises to disable, secure, or repossess unpaid equipment without liability for trespass.

4. Site Readiness, Civil Works & Installation Obligations

  • 4.1 Completion Estimates: Installation schedules and delivery timelines are engineering estimates provided in good faith. While Lighten Lift strives to meet all milestones, we are not liable for delays resulting from site unpreparedness, third-party civil contractors, or force majeure events.
  • 4.2 Customer Site Responsibilities: The customer is solely responsible, at their own expense, for providing and maintaining:
    • A plumb, square, waterproof, clean, and structurally sound elevator hoistway (shaft) and pit adhering strictly to the approved General Arrangement (GA) drawings.
    • An overhead machine room or hoistway structure designed to withstand required dynamic load and traction forces, complete with adequate ventilation and trap doors.
    • A stable, dedicated three-phase (415V ± 10%, 50Hz) electrical power supply with neutral and independent dual copper earthing lines brought to the machine room / controller location.
    • Weatherproof, dry, lockable storage space at ground level for safeguarding sensitive motors, electronic drives, and components during the installation period.
    • Unimpeded site access, scaffolding, adequate lighting, and free electricity and water for the installation personnel.
  • 4.3 Customer Site Delays: Any delay caused by site unpreparedness, waterlogging, absence of power, or civil structural defects shall automatically extend the installation schedule. The customer shall bear all additional costs incurred, including site remobilization, equipment storage, and crew idle time.

5. Statutory Approvals & Lift Licensing Compliance

  • 5.1 Regulatory Compliance: Lifts must be installed and operated in strict compliance with applicable statutory regulations, including the West Bengal Lifts and Escalators Act, relevant municipal building bye-laws, and Bureau of Indian Standards (BIS) specifications.
  • 5.2 Permits & Statutory Fees: Unless explicitly included in a turnkey commercial contract, the customer is responsible for obtaining all requisite municipal building sanctions, electrical inspectorate approvals, and for paying government statutory inspection fees to the competent authorities (such as the Chief Electrical Inspector to Government of West Bengal / Lift Inspectorate).
  • 5.3 Unlicensed Operation Prohibited: The customer shall not permit public or regular passenger use of the elevator prior to the issuance of mandatory statutory licenses or official handover. Any premature or unauthorized operation of the lift by the customer or tenants is conducted entirely at the customer's sole risk and legal liability.

6. Warranty, Exclusions & Maintenance Agreements

  • 6.1 Standard Warranty: Lighten Lift warrants that all newly installed equipment, manufactured components, and labor shall be free from manufacturing defects and faulty workmanship for a period of twelve (12) months from the date of installation completion / handover, or from the date the lift is first offered for handover and testing, whichever occurs earlier.
  • 6.2 Explicit Exclusions: The warranty shall be void and does not cover damages or failures arising from:
    • Voltage fluctuations, phase failures, single phasing, electrical surges, or ungrounded power supplies.
    • Water seepage, shaft flooding, fire, lightning strikes, earthquakes, or civil building structural cracks.
    • Rodent, termite, or pest damage to traveling cables, electronic circuit boards, or sensors.
    • Normal wear and tear of consumable components (such as LED lighting, push-button bulbs, car guide shoes/liners, car fans, and lubricating oils).
    • Overloading, misuse, vandalism, unauthorized repairs, or maintenance conducted by third-party mechanics not authorized in writing by Lighten Lift.
  • 6.3 Preventative Maintenance (AMC): Continued safe operation and warranty validity require adherence to scheduled routine servicing. Upon expiration of the initial warranty period, customers are strongly encouraged to enter into an Annual Maintenance Contract (AMC) with Lighten Lift to ensure passenger safety and statutory compliance.

7. Limitation of Liability & Customer Indemnity

  • 7.1 Exclusion of Indirect Damages: To the maximum extent permitted by applicable law, Lighten Lift shall not be liable under any circumstances for indirect, incidental, special, punitive, or consequential damages, including loss of business, revenue, rental income, or downtime, even if advised of the possibility of such damages.
  • 7.2 Aggregate Monetary Liability Cap: In no event shall the total aggregate liability of Lighten Lift arising out of or relating to the Services, equipment, or these Terms, whether in contract, tort (including negligence), or otherwise, exceed the total sum actually received by Lighten Lift from the customer under the specific contract giving rise to the claim.
  • 7.3 Customer Indemnification: The customer agrees to defend, indemnify, and hold harmless Lighten Lift, its officers, technicians, and agents against any claims, losses, liabilities, penalties, and legal expenses arising from:
    • Customer's failure to maintain building structural integrity or adequate electrical supply.
    • Misuse, overloading, or tampering with door locks and safety circuits.
    • Operating the elevator without valid government licenses or in violation of safety directives.
    • Negligence or unauthorized intervention by customer-appointed third-party contractors.

8. Cancellation, Order Modifications & Refunds

  • 8.1 Standard Off-the-Shelf Orders: For standard off-the-shelf parts or uncustomized service bookings, cancellation requests must be submitted in writing within twenty-four (24) hours of placing the order to be eligible for a full refund without deduction.
  • 8.2 Custom-Fabricated Elevators & Components: Because elevators, cabins, hydraulic kits, and architectural fixtures are custom-designed and engineered to specific shaft dimensions, once architectural drawings are signed off, raw materials procured, or factory manufacturing has commenced, the advance deposit is non-refundable.
  • 8.3 Cancellation Charges: Any approved cancellation after procurement or fabrication has commenced shall be subject to deductions for all incurred design, labor, material procurement, and restocking expenses, with a minimum administrative cancellation fee of ten percent (10%) of the total contract value.
  • 8.4 Processing of Refunds: Approved refunds will be credited to the original payment method within fourteen (14) business days in accordance with our Cancellation & Refund Policy.

9. Force Majeure & Excusable Delays

Neither party shall be held liable or in breach of contract for any failure or delay in fulfilling obligations (excluding payment obligations) caused by circumstances beyond reasonable control. Such events include, but are not limited to: acts of God, floods, severe cyclones, earthquakes, fires, lightning, epidemics, pandemics, wars, riots, strikes, nationwide supply chain bottlenecks, transport disruptions, power grid failures, or regulatory embargoes. Project completion schedules shall be reasonably extended by the duration of such disruptions.

10. Intellectual Property Rights

All proprietary engineering designs, General Arrangement (GA) drawings, CAD schematics, elevator controller logic, firmware, website assets, trademarks, and technical documentation developed or provided by Lighten Lift remain the exclusive intellectual property of Lighten Lift. The customer is granted a non-exclusive, revocable license to use such drawings solely for the operation and maintenance of the specific elevator installed. Reproducing, reverse engineering, or sharing proprietary schematics with unauthorized third parties is strictly prohibited.

11. Governing Law & Dispute Resolution

  • 11.1 Governing Law: These Terms, and all commercial contracts emanating from them, shall be governed by and construed in accordance with the substantive laws of India.
  • 11.2 Amicable Settlement & Arbitration: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or our Services, the parties shall first attempt to resolve the matter through good-faith mutual negotiations. If the dispute is not resolved within thirty (30) days, it shall be referred to and finally settled by arbitration under the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by both parties. The seat and venue of arbitration shall be Malda, West Bengal, and proceedings shall be conducted in English or Bengali.
  • 11.3 Exclusive Jurisdiction: Subject to the arbitration clause above, the competent courts situated in Malda, West Bengal, India shall have exclusive jurisdiction over any legal proceedings arising hereunder.

12. Contact Information & Legal Notices

For any questions, legal notices, or clarifications regarding these Terms and Conditions, please contact us:

Email Enquiries

support@lightenlift.com

Service & Support

+91-7811998080

Sales & Quotations

+91-9339202044

Registered Office

Joy Plaza Shopping Complex, Rothbari, Malda, West Bengal, India