G) While we endeavour to ensure that this www.odishasolar.com website is normally available 24 hours a day, we will not be liable if for any reason this www.odishasolar.com website is unavailable at any time or for any period. Access to this www.odishasolar.com website may be suspended temporarily and without notice in the case of system failure, maintenance, up-gradation or repair or for reasons beyond our control. The material on this www.odishasolar.com website may be out of date, and we make no commitment to update such material.
H) Presently, the service(s) on this www.odishasolar.com website are being offered free. However, Maharana Brothers & Co. Pvt. Ltd.. reserves the right to charge a fee for any of such facilities.
8.2 Limitation of liabilities:
a) Maharana Brothers & Co. Pvt. Ltd.. shall have absolutely no liabilities in connection with the materials and services/facilities on this www.odishasolar.com website or this www.odishasolar.com website itself including, but not limited to, any liability for any damage or loss to your person, computer hardware, data, information and / or business resulting from the materials or the lack of materials available on this www.odishasolar.com website or from this www.odishasolar.com website itself or from any computer viruses, communication line failure, etc.
B) Further, Maharana Brothers & Co. Pvt. Ltd.. shall have absolutely no liability for the following:-
i) Any loss or injury caused, in whole or in part, by its acts of omissions and commissions or negligence or for contingencies beyond its control in procuring, compiling or delivering the materials; and / or
ii) Any errors, omissions or inaccuracies in the materials regardless of how caused, or delays or interruptions in the delivery of the materials; and / or
iii) Any decision made or action taken or not taken in reliance upon the materials available on this www.odishasolar.com website.
C) Under no circumstances shall Maharana Brothers & Co. Pvt. Ltd.. or sellers be liable for any losses or damages including, but not limited to, any direct, indirect, consequential, special, incidental, punitive, exemplary or any other damages whatsoever, like damages for loss of profits, goodwill, use, data or other intangible losses, whether in contract or tort or otherwise, resulting from the use of and/or reliance upon the materials and/or services available on this www.odishasolar.com website and/or or this www.odishasolar.com website itself, (howsoever arising, including through negligence) even if Maharana Brothers & Co. Pvt. Ltd.. has been informed and advised of the possibility thereof.
D) Maharana Brothers & Co. Pvt. Ltd.. shall not be liable for any delay/non-delivery of products purchased from sellers, nor would seller be liable for any delay/non-delivery of products purchased from them due to flood, fire, wars, acts of god or any cause that is beyond the control of seller. However, other than for force majeure occurrences as mentioned above, seller shall be solely responsible for conducting the entire transaction pertaining to the sale of the products including shipping, delivery, refund, warranties or any discrepancy/ malfunction in the products.
E) For the purposes of this clause, Maharana Brothers & Co. Pvt. Ltd.. shall include all its divisions, subsidiaries, successors, affiliates, partners and their employees, officers, directors, promoters, representatives, agents and any third party providers of materials / content partners or sources of materials.
9. Indemnification:
9.1 You agree to defend, indemnify and hold harmless Maharana Brothers & Co. Pvt. Ltd.., its shareholders, affiliates, sellers, partners, and their respective directors, officers, employees and agents from and against all claims, demands, losses, damages, liabilities, expenses, actions, including, but not limited to, reasonable attorney fees, made by any third party, arising out of the use of this www.odishasolar.com website by you or through your user account or any breach of this agreement by you.
10. Links to third party websites and this www.odishasolar.com website:
10.1 This www.odishasolar.com website contains hyperlinks to websites operated by persons other than Maharana Brothers & Co. Pvt. Ltd.. (hereinafter referred to as the "linked websites"). Such hyperlinks are provided for your reference and convenience only, in order to help you identify and locate other internet resources that may be related to the instant subject, and therefore, of interest to you. We have not reviewed the contents of such linked websites and do neither control nor are responsible for the availability or the content on such linked websites. You understand that in providing links to the linked websites, Maharana Brothers & Co. Pvt. Ltd.. is neither acting as a publisher of the materials contained on those websites nor is seeking to control the content of, or maintain any type of editorial control over, such linked websites. Maharana Brothers & Co. Pvt. Ltd.. therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them or the operators thereof; nor takes any responsibility for the contents on and the operations of such linked websites, nor any link contained in the linked websites. If you decide to access any of the linked websites linked to this www.odishasolar.com website, you do so entirely at your own risk. If you use these links, you leave this www.odishasolar.com website. You are solely responsible for determining the extent to which you may use any content at any linked website to which you might link from this www.odishasolar.com website.
11. Hypertext links to this www.odishasolar.com website:
11.1 You may provide, unless a written agreement (to be entered into with Maharana Brothers & Co. Pvt. Ltd..) in effect states otherwise, a hypertext link to this www.odishasolar.com website on another website, but strictly with the following restrictions :-
a) The link must be text-only link clearly marked "www.odishasolar.com home page”.
b) The link must "point" to the url "http://www.odishasolar.com " and not to other pages within this www.odishasolar.com website.
c) The appearance, permission, placement and other aspects of the link must not be such as to damage or dilute the goodwill associated with Maharana Brothers & Co. Pvt. Ltd..'s name or any of its affiliates' names.
d) The appearance, position and other aspects of the link must not create a false impression that an entity is associated with or sponsored by Maharana Brothers & Co. Pvt. Ltd.. or one of its affiliates.
e) The link, when activated by a user, must display this www.odishasolar.com website full screen and not within a "frame" on the linked website.
F) Maharana Brothers & Co. Pvt. Ltd.. expressly reserves the right to revoke its consent to use any Maharana Brothers & Co. Pvt. Ltd.. link at any time, in its sole discretion, for breach of these terms and to take any action it deems appropriate.
G) You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this clause-11.
12. Product description & pricing:
12.1 Maharana Brothers & Co. Pvt. Ltd.. and/or the seller will attempt to be as accurate as reasonably possible while providing product descriptions and pricings. However, Maharana Brothers & Co. Pvt. Ltd.. or seller do not warrant that descriptions or other content or prices related to the products or other information and content contained in this www.odishasolar.com website is accurate, complete, reliable, current, or error-free. If a product showcased on this www.odishasolar.com website on behalf of seller is found by you not to be as described, upon receipt of the same in pursuance to placing an order on the seller through this www.odishasolar.com website specifically or through www.odishasolar.com , your sole remedy is to return it in unused condition to the seller. In the event if the payment has been processed and you wish to return the product(s), the refund amount shall be credited to your credit/debit card account and the same shall be duly notified to you by email to your email address provided at the time of registration.
12.2 Except where noted otherwise, the selling price/mrp/mop/list price displayed for products on this www.odishasolar.com website represents the full retail price listed on the product itself (inclusive of all taxes), suggested /offered by the manufacturer or supplier or the seller or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The selling price/ mrp/mop/list price is a comparative price estimate and may or may not represent the prevailing price in every area and/or on any particular day. The prices may vary from the day on which it published on this www.odishasolar.com website for the first time and the actual day of placing the order and may also differ from state to state depending on the place/region of proposed delivery. Further, the mrp shown on this www.odishasolar.com website or on www.odishasolar.com may also vary from the mrp shown on any individual package owing to the schemes/ discounts/ special prices offered by the manufacturer/marketer for the product(s) in separate lots. Seller and/or Maharana Brothers & Co. Pvt. Ltd.. will not be liable in any manner in this regard for any misrepresentation and seller shall only have the duty to ensure that the price charged is not more than that mentioned as mrp on any given package. For certain items those are offered as a set/pack/combo/arrangement, the selling price/list price/ may represent "open-stock" prices, which mean the aggregate of the estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement.
12.3 You irrevocably and unconditionally hereby agree and consent to receive information/ offers/ promotional mails and messages pertaining to products and services offered by Maharana Brothers & Co. Pvt. Ltd.. and/or sellers to you from time to time.
12.4 You fully understand and agree that this www.odishasolar.com website is a venue for the seller to showcase the product/s and users to view the products which the seller intends to sell to its customers through this www.odishasolar.com website or www.odishasolar.com . Such transactions may or may not be concluded through this www.odishasolar.com website. Maharana Brothers & Co. Pvt. Ltd.. is not and cannot be a party to or control in any manner any transaction between you and the seller. Consequently:
a) All commercial / contractual terms governing the purchase of products by you from seller in an on-line / off-line / off-website transaction between you and the seller are offered and agreed to between you and the seller alone. The commercial / contractual terms include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products.
B) Maharana Brothers & Co. Pvt. Ltd.. is not responsible for any non-performance/ delay or breach of any contract entered into between you and the seller in an on-line / off-line / off-website transaction concluded between you and the seller.
C) Maharana Brothers & Co. Pvt. Ltd.. does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) Of the products or services showcased on this www.odishasolar.com website or on www.odishasolar.com . In particular, Maharana Brothers & Co. Pvt. Ltd.. does not implicitly or explicitly support or endorse the sale or purchase of any products or services showcased on this www.odishasolar.com website or on www.odishasolar.com , through any on-line / off-line / off-website transaction between you and the seller.
D) Maharana Brothers & Co. Pvt. Ltd.. does not make any representation or warranty and takes no responsibility with respect to the recommendations/ suggestions made by Maharana Brothers & Co. Pvt. Ltd.. in relation to the products/ services on this www.odishasolar.com website or on www.odishasolar.com . Maharana Brothers & Co. Pvt. Ltd.. clarifies that such recommendations/ suggestions are based on attractive pricing of products and discounts or special prices offered or any scheme or set/pack/combo/arrangement on this www.odishasolar.com website or on www.odishasolar.com . Customers shall rely upon such recommendations at their own risk.
E) Maharana Brothers & Co. Pvt. Ltd.. does not at any point of time during any transaction between you and the seller conducted off the website in relation to any product showcased on this www.odishasolar.com website come into contact with or takes possession of any of the products offered by the seller nor does it at any point gain title to or have any rights or claims over the products offered by the seller.
13. Personal & non-commercial use:
13.1 The right to use this www.odishasolar.com website is personal to you and is not transferable to any other person or entity. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, you shall use this www.odishasolar.com website and services & materials therein strictly for non-commercial purposes only and not indulge in any business activities.
14. Changes in this www.odishasolar.com website and modifications of terms of use:
14.1 Maharana Brothers & Co. Pvt. Ltd.. shall have the right, at any time, to change or discontinue any aspect or feature of this www.odishasolar.com website including, but not limited to, content, hours of availability, and equipment/software needed for access and use of this www.odishasolar.com website, or discontinue this www.odishasolar.com website itself without incurring any obligations of any sort. Also, Maharana Brothers & Co. Pvt. Ltd.. may discontinue or restrict your use of this www.odishasolar.com website for any reason without any notice.
14.2 Maharana Brothers & Co. Pvt. Ltd.. reserves the right to change or modify the terms, conditions and notices applicable to the use of this www.odishasolar.com website or any part thereof, or to impose new conditions at any time. You can access the latest version of the terms at any given time. You should regularly review the terms. In the event the modified terms are not acceptable to you, you should discontinue using the service.
14.3 Any use of this www.odishasolar.com website by you after such modification shall be deemed to constitute acceptance by you of such changes, modifications, additions and / or deletions. So, you are responsible for regularly checking on these terms, conditions and notices and additional terms, etc. Governing particular features, offers, etc.
15. Termination:
15.1 Either Maharana Brothers & Co. Pvt. Ltd.. or you may terminate this agreement at any time. Without limiting the foregoing, Maharana Brothers & Co. Pvt. Ltd.. shall have the right to immediately terminate your user account in the event of any conduct by you which Maharana Brothers & Co. Pvt. Ltd.., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this agreement.
16. Miscellaneous:
16.1 Agency:
None of the provisions of the user agreement shall be deemed to constitute a partnership or agency between you and Maharana Brothers & Co. Pvt. Ltd.. and you shall have no authority to bind Maharana Brothers & Co. Pvt. Ltd.. in any manner whatsoever.
16.2 Captions & interpretations:
The clause and sub-clause headings used in this agreement are intended solely for convenience of reference and shall not in any way or manner amplify, limit, modify or otherwise be used in the interpretation of this agreement.
16.3 Entire agreement:
This agreement, together with the various rules made for the governing of certain services on this www.odishasolar.com website and annexures/schedules hereto, constitutes the entire understanding of the parties with respect to the subject matter of this agreement.
16.4 Good faith:
You shall act in good faith in the performance of your obligations under this agreement.
16.5 Notice:
Except as explicitly stated otherwise, any notices shall be given by postal mail to the address: attn: Maharana Brothers & Co. Pvt. Ltd.., Shop Add.-Ground Floor,Next to Alekha Mahima Complex, Manguli Chowk, Cuttack Choudwar RoadfCuttack- 754025, Odisha (in the case of Maharana Brothers & Co. Pvt. Ltd..) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16.6 Survival:
The provisions of clauses 4, 7, 8, 9, 16.2, 16.6, 16.8, 16.9 and all such other provisions, which create rights/obligations on the parties hereto that should continue even after the termination of this agreement so as to give protection to the respective parties as per the spirit of this agreement, shall survive termination of this agreement.
16.7 Severability:
If any of the provisions of this agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, under the applicable laws, such provisions would be deemed severed from the rest of this agreement and the remainder of this agreement or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
16.8 Waiver:
No failure on your part as well as on Maharana Brothers & Co. Pvt. Ltd..'s part to exercise, no delay in exercising, and no course of dealing with respect to any right, power or privilege under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this agreement.
16.9 Governing law:
This agreement shall be governed by and construed in accordance with the laws of the republic of india only.
16.10 Arbitration:
All the disputes and differences arising between the parties hereto, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and or obligations of any party or parties hereto under this agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by the chief executive officer of Maharana Brothers & Co. Pvt. Ltd... The arbitration shall be governed by the provisions of the arbitration act, 1996, and any amendments / re-enactments made thereto, for the time being in force. The venue and seat of such arbitration proceedings shall be cuttack in india. The arbitration proceedings shall be conducted in english language. Each party shall bear the cost of arbitration equally unless awarded otherwise by the sole arbitrator. The award shall be final and binding upon all the parties to the arbitration.
16.1 Jurisdiction:
Judicial proceedings for the review of any arbitration decision or proceeding or for any other matter arising out of or in relation to this agreement shall be brought in the courts at cuttack in odisha,india only, to which the parties hereto agree without any reservations.
16.12 General:
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipments/software needed for access to and use of this www.odishasolar.com website, and all charges related thereto. When you visit this www.odishasolar.com website or send e-mails to us or give us your feedback, you understand that you are communicating with us electronically/through electronic records. You consent to receive communications from us electronically/through electronic records. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirement of adequate service of notice/electronic record.
This document is an electronic record in terms of information technology act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the information technology act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
If you are dissatisfied by any materials or services on this www.odishasolar.com website or with any of the terms and conditions of use of this www.odishasolar.com website, your sole and exclusive remedy is to discontinue using this www.odishasolar.com website.
Annexure 1:
Online payment terms and conditions
Online payment system is provided by Maharana Brothers & Co. Pvt. Ltd.. on behalf of sellers ("seller"). Maharana Brothers & Co. Pvt. Ltd.. may update and revise these terms and conditions from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms.
The online payments are processed through an online payment gateway system provided by direcpay, who comply with the "payment card industry data security standards" (pci dss) for credit card data security and the payment mechanism shall be subject to the terms and conditions set out by direcpay (http:// www.direcpay.com).please read these terms carefully before using the online payment facility. Using the online payment facility on this www.odishasolar.com website indicates that you accept these terms. If you do not accept these terms do not use this facility.
All payments are subject to the following conditions:-
1. Your payment will normally be credited to the seller account to which you are making a payment within 2-3 working days from the date of transaction, as required by the guidelines of reserve bank of india.
2. Your payment instructions will be effected only after proper authentication in accordance with the procedures prescribed by the on-line payment facility.
3. Maharana Brothers & Co. Pvt. Ltd.. and/or seller will not accept any liability for a payment, not reaching the correct seller's account due to your quoting an incomplete/ invalid/ incorrect account number or personal details.
4. Neither Maharana Brothers & Co. Pvt. Ltd.. nor the seller will accept any liability if payment is refused or declined by the credit/debit card supplier / service provider for any reason.
5. If the card supplier/ service provider declines payment for any reason whatsoever, Maharana Brothers & Co. Pvt. Ltd.. or the seller is under no obligation to bring this fact to your attention or deliver the product(s). You should check with your bank/credit/debit card supplier that requisite payment has been deducted from your account for credit to the account of the seller.
6. Maharana Brothers & Co. Pvt. Ltd.. and/or seller shall not be liable to the user for any injury or damage caused by any failure of performance, delay in processing or transmission, error, interruption, communication line failure etc. Whilst using the on-line payment facility, whether in contract, negligence or under any other legal theory / cause of action whatsoever.
7. In no event will Maharana Brothers & Co. Pvt. Ltd.. or seller be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this on-line payment facility, any websites linked to this www.odishasolar.com website for use of the on-line payment facility, failure of internet facility, server or on account of any computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
8. Refunds, if applicable, will only be made to the debit/credit card or bank account used for payment for the original transaction once the returned product reaches the warehouse of the seller.
9. Your use of this service is at your sole risk, and the on-line payment facility is entitled, in its sole discretion, to refuse to comply with any of your instructions without assigning any reason. Further, the on-line payment facility reserves the right to charge and recover certain fees for the use of its services.
10. Although adequate security measures are adopted, Maharana Brothers & Co. Pvt. Ltd.. and/or seller shall not be responsible for any unauthorized access to the service or your account.
For more details on our products and services please read our terms of use ¬ices.
Annexure 2:
Terms & conditions applicable to sale of products
1. Any transaction of sale of the displayed product ("product") on this www.odishasolar.com website is subject to these terms & conditions. Person placing the order for product ("buyer") acknowledges that he/she fully understands the contents hereof and agrees to be bound by the same, if he/she places an order. In case buyer does not agree to these terms and conditions, then his /her sole remedy is not to order any product on www.odishasolar.com .
2. Odishasolar.com only provides a platform to third party sellers (“sellers”) for showcasing various products that sellers offer for sale to consumers through www.odishasolar.com .
3. All products, including schemes and offers on specific products, are offered and orders fulfilled by sellers. Maharana Brothers & Co. Pvt. Ltd.. is in no way involved in or responsible for fulfillment of orders that may be placed by buyer. The order of the buyer is placed on a seller, who shall be solely responsible for the fulfillment of the orders placed by buyer.
4. All products displayed for sale are for sale within india only. Products are available without the specified offers also and offered subject to availability.
5. The selling price/mrp/mop/list price displayed for all products represents the full retail price of the product itself (inclusive of all taxes), as suggested /offered by the manufacturer or seller or estimated in accordance with standard industry practice.
6. All payment shall be accepted through any of the following modes (i) cod i.e. Cash on delivery (up to maximum limit of rs. 25,000/-) and/ or (ii) dod i.e. Demand draft on delivery and/or (iii) cash remittance, and/ or (iv) credit/debit card payments, made/drawn in favour of the “Maharana Brothers & Co. Pvt. Ltd..”. However, at the time of delivery of product, payments will be accepted only in cash (up to maximum limit of rs. 25,000/-) and/or through demand draft for the balance or the full amount. However, it is clarified that, for orders placed through this www.odishasolar.com website, payments shall be allowed only through the on-line payment mechanism and cash remittance mechanism and in certain cases also through cod mechanism.
7. Title to and risk in product shall pass unto buyer only upon payment of the price of product and subsequent acknowledgement of the receipt of product by buyer.
8. Unless notified to seller to the contrary at the time of delivery and/or within 2 days of receipt of product by buyer, product shall be deemed to have been accepted by buyer as being in good condition. Product may be returned by buyer for a replacement or refund of the purchase price within 2 days from the time of receipt of product and in case there is a “return policy” of the seller then in accordance with the same. Product returned under return policy must be received by the seller in as-new or unused condition and in full conformance with the invoice specifications (all other items/accessories, if any delivered with the product must be returned). In case of electronic items, once manufacturer's seal is broken, the product shall not be returned. It is clarified that, the buyer shall not make any claim in respect of the product upon the expiry of 2 days from the time of receipt/ acknowledgement of the product.
9. Except for the warranty provided by the manufacturer, no other representation, warranty or condition of any kind are made by Maharana Brothers & Co. Pvt. Ltd.., including implied representations, warranties or conditions of merchantability and fitness for a particular purpose. Any other written or oral assurances by the seller, its representatives, or anyone else for and on its behalf, do not constitute a part of the warranty by the manufacturer. The seller will be responsible for any such assurances under its return policy, as applicable. For product already used by buyer, manufacturer's warranty will be the sole warranty and the seller is discharged from replacement liability, if any. Buyer agrees to be solely liable for any misuse, neglect or accident, or alteration and tampering with, or for corrective work done by him or anybody else at his end, against the terms of the manufacturer's warranty.
10. Once received in good condition, buyer shall avail the after-sales services directly from the manufacturer/marketer only.
11. All refunds by the seller shall be made to buyer's bank account/credit card account respectively.
12. Standard force majeure exceptions would apply in respect of seller's obligations.
13. Subject to the applicable law, seller's aggregate liability for any damage or claim or loss arising out of or relating to these terms, shall not exceed the amount invoiced and received for the product. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by the seller shall be subject to correction without any liability on the part of the seller.
14. Additional terms and conditions may apply to any sale of products displayed, which would be communicated to the buyer at the time of placing the order.
15. The images shown on www.odishasolar.com may differ from the original product. Results mentioned in relation to any product may vary from person to person or from situation to situation or from state to state.
16. It is understood that buyer shall not apply or use the products in a way as to detract materially from their safe use and when put in use, such use will be in compliance with safety requirements prescribed by the applicable law and will be otherwise legally adequate to safeguard against injuries to persons or property. Buyer hereby agrees to be solely responsible for any loss or damages arising out of or resulting from any injury to any person or damage to any property caused by the inadequacy of buyer's intended use of the safety features, devices or characteristics of the product specified herein, or in the installation, use or operation of such product. Seller shall not be liable in respect thereof in any manner.
17. These terms and conditions shall be governed by and construed in accordance with the laws of republic of india and shall be subject to exclusive jurisdiction of the courts in cuttack,ODISHA,INDIA. No modification hereof shall be binding upon seller unless such modification is in writing signed by a duly authorized representative of the seller. If any part hereof is contrary to, prohibited by, or deemed invalid under applicable laws or regulations, such provision shall be deemed inapplicable and omitted to the extent contrary, prohibited or invalid, but the remainder shall not be invalid and shall be given effect so far as possible. The entire understanding between the seller and buyer is set forth herein and any promises, representations, warranties or guarantees not herein contained shall have no force and effect unless in writing signed by seller and buyer
