Last Updated: March 2024
In the following terms and conditions (referred to as "Terms" or "Agreement" or "Terms of Service"), "Sterlite Power," "we," "us," "our" refer to Sterlite Power, a construction company located at First floor house 252/4 sector 4, Channi Himmat, Jammu (J&K), with a branch office at Somwar Bagh, Srinagar, Kashmir. The terms "you," "your," or "Client" refer to you. If you are using the Services on behalf of an organization, then you acknowledge that you bind that organization to the Terms and Conditions (Terms of Service) and the Agreement, and that the term "Client" refers to the organization. The exception to this is if that organization has a separate written agreement with Sterlite Power regarding the use of the Services, in which case that agreement will govern such use. Sterlite Power or Client may also be referred to in these Terms individually as "party" and together as "parties." To be eligible to use the Services, you must review and accept these Terms of Service.
The term "Services" refers to all construction and engineering services that are provided by us, ordered by you, or delivered on a project basis, including but not limited to transmission line construction, substation development, power infrastructure projects, and related engineering consultancy services.
By entering into a contract or engaging our Services (the first date on which either occurs, the "Effective Date"), either through a Project Agreement or initial consultation, you (and your organization, if applicable) agree to be legally bound by the Agreement, including any updates. Please review the agreement thoroughly. By engaging our services or accessing our website, you acknowledge that you have read, understood, and agree to be bound to all the Terms and Conditions. If you do not agree to these terms, please do not engage our services.
We may, in our sole discretion, modify the Terms and Conditions from time to time. Such changes are effective upon posting on sterlitepower.com, under the link: "Terms and Conditions." The revised terms will supersede prior versions. By continuing to engage our services, you agree to such modifications. Therefore, you should review the Terms and Conditions prior to each project engagement. If you do not agree to the updated version of these Terms, do not continue to use our Services.
These Terms of Service ("Terms") commence upon your acceptance and remain in effect until project completion or termination by you or Sterlite Power. Either party may terminate these Terms of Service and any ongoing project for any reason with thirty (30) days advance written notice. We may suspend work on any or all projects for any reason or no reason, at our discretion, by providing fifteen (15) days' advance notice. If Sterlite Power determines that issuing advance notice would negatively impact safety or project integrity, Sterlite Power may suspend work or terminate these Terms of Service without notice.
If you have entered into custom project agreement(s), contract(s), or work order(s) with Sterlite Power, then:
Beginning on the Project Commencement Date, you will pay the applicable charges for each Service as specified in the relevant Project Order. You are responsible for all taxes related to such charges, as well as any material costs, equipment rental, transportation charges, or other costs incurred by underlying suppliers or contractors (each, a "Pass-Through Charge"). Such Pass-Through Charges are separate and not included in any project cost estimates.
Monthly progress payments will be invoiced based on work completed, with payment terms of thirty (30) days from invoice date. Project mobilization costs will be invoiced in advance and are due prior to the Project Commencement Date. You agree to maintain sufficient funds to cover progress payments as they arise, and hereby authorize payment processing for any approved project costs.
If at any time payment is delayed beyond the agreed terms, work may be suspended until payment is received. Sterlite Power reserves the right to suspend project work in the event your account shows overdue payments.
Any billing dispute or request for adjustment must be submitted in writing and in good faith within thirty (30) days of the invoice date. Your request must include detailed documentation to justify the requested adjustment. You agree to pay the undisputed portion of any invoice within the timeframes described in this section. If not paid on time, a late fee of 1.5% per month or the maximum rate permitted by applicable law will apply to all overdue amounts.
The parties agree to negotiate in good faith to resolve any billing dispute within sixty (60) days. If resolved in favor of Sterlite Power, or if not resolved within sixty (60) days, you must pay the disputed amount within ten (10) days of resolution or expiry of the resolution period. If resolved in your favor, Sterlite Power will apply any resulting credit to subsequent invoices.
If you fail to pay the charges specified in any invoice by the Due Date, Sterlite Power reserves the right to immediately suspend all project work until full payment (including applicable fees and penalties) has been received.
All fees are exclusive of any applicable taxes, duties, levies, or other similar exactions imposed by central, state, or local government authorities in Jammu and Kashmir or India, including, without limitation, GST, service tax, income tax, or withholding taxes (collectively, "Taxes"). You will pay all Taxes associated with these Terms, excluding any taxes based on our net income, property, or employees. If you are required by applicable law to withhold any Taxes from payments owed to Sterlite Power, you will provide the appropriate tax documentation as per Indian tax regulations.
All fees are exclusive of any applicable government fees, permits, or regulatory charges (collectively, "Government Charges"). You will pay all Government Charges associated with your project requirements.
You must notify us in writing if you dispute any Government Charges, fees, or Taxes paid or payable under these Terms. If you dispute any such charges, you must cooperate diligently with us to resolve the dispute. You must provide such notice to Sterlite Power within sixty (60) days of the date we invoice you for the disputed amounts.
If you are exempt from paying certain Taxes or Government Charges, you must provide the necessary exemption information or a valid exemption certificate issued by the appropriate authority, by sending it via email to info@sterlitepower.com. You will only be exempt on a going-forward basis after we review and approve your exemption documentation.
Sterlite Power exclusively owns and reserves all rights, title, and interest in and to our construction methodologies, engineering designs, technical documentation, our Confidential Information (as defined below), and any data generated or derived from our project execution, including, but not limited to, project performance metrics, safety records, and construction innovations.
As between the parties, you exclusively own and reserve all rights, title, and interest in and to the completed infrastructure project upon final handover, your Confidential Information, and project-specific data, subject to Sterlite Power's rights to use such data for performance analysis and future project improvements in accordance with these Terms.
"Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party ("Disclosing Party") to the other party ("Receiving Party") that is regarded as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. This includes, without limitation, any Project Agreement(s), project specifications, engineering designs, security reports, client lists, pricing, project plans, technical documentation, financial information, and other business information of the Disclosing Party.
Each party agrees that it will not use, copy, or record the Confidential Information except as necessary to execute the project or fulfill its obligations under these Terms of Service. The parties will not disclose any Confidential Information to any third party unless such disclosure is permitted in writing. Each party will protect the confidentiality of the Confidential Information with at least the same level of care it uses to protect its own confidential information of a similar nature, but in no event less than a reasonable standard of care.
Confidential Information does not include any information that:
The obligations under this Confidentiality clause will remain in effect for the duration of these Terms of Service and for a period of five (5) years following project completion.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL PROJECT VALUE PAID OR PAYABLE BY YOU UNDER THESE TERMS FOR THE SPECIFIC PROJECT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
You grant Sterlite Power the right to use your organization's name, logo, and a description of the completed project to reference you on our website, in project portfolios, and in marketing and promotional materials, subject to your standard trademark usage guidelines as provided to us and upon project completion.
All construction work will be performed in accordance with Indian Electricity Rules, Central Electricity Authority regulations, and applicable Bureau of Indian Standards (BIS) specifications. Safety protocols will comply with Occupational Safety and Health standards applicable in Jammu and Kashmir.
Environmental compliance will be maintained according to Environmental Impact Assessment requirements and clearances from the J&K Pollution Control Board. All work will adhere to local labor laws and contractor licensing requirements.
You acknowledge that construction work in mountainous terrain carries inherent risks, and Sterlite Power maintains comprehensive insurance coverage for all construction activities. Weather-related delays are considered beyond our control and may affect project timelines.
This section applies if you engage us for power transmission lines, substation construction, grid modernization, or renewable energy infrastructure projects.
You acknowledge and agree that all electrical infrastructure must be commissioned and tested by authorized personnel before energization. Sterlite Power is responsible for construction to the point of handover, after which operational responsibility transfers to the client or designated operator.
All electrical work will be performed by licensed electricians and engineers, with appropriate certifications for high-voltage construction. Protection systems and relay coordination will be tested and documented before project handover.
For transmission lines above 33kV, special safety protocols apply including minimum approach distances, specialized equipment requirements, and coordination with grid operators for outage scheduling. All high-voltage work requires prior approval from relevant electricity boards and system operators.
This section applies to all government and public sector projects, including those funded by central or state government agencies.
All work will comply with applicable tender conditions, government procurement guidelines, and public works department standards. Quality assurance will be maintained according to Central Public Works Department (CPWD) specifications where applicable.
Progress reporting will be provided as required by government project monitoring systems. All statutory clearances and approvals will be obtained and maintained throughout project execution.
YOU SHALL INDEMNIFY AND HOLD HARMLESS STERLITE POWER FROM ANY AND ALL CLAIMS, EXPENSES, LIABILITIES, LOSSES, OR DAMAGES (INCLUDING ATTORNEYS' FEES AND EXPENSES) RESULTING FROM YOUR FAILURE TO PROVIDE ACCURATE PROJECT SPECIFICATIONS OR REQUIRED GOVERNMENT APPROVALS.
Sterlite Power may terminate the Agreement, any individual Project, or both immediately if you:
Either party may terminate these Terms for any reason by providing sixty (60) days' written notice to the other party. However, if there is an active Project Agreement, these Terms will remain in effect until the Project has either been completed or terminated in accordance with its terms.
Upon termination, you remain responsible for payment of all work completed up to the termination date, plus any demobilization costs. Sterlite Power will provide an orderly handover of work completed and site restoration as required.
Neither party shall be held liable for any delay or failure in performing its obligations under the Agreement if caused by events beyond reasonable control, including but not limited to:
A party affected by a force majeure event must promptly notify the other party and make commercially reasonable efforts to mitigate the effects and resume performance as soon as possible.
Force majeure does not relieve you of your responsibility to pay Sterlite Power for work completed prior to or during the force majeure event.
If you have a dispute with Sterlite Power or questions regarding these Terms of Service, please contact our Project Management team at info@sterlitepower.com. Most issues can be resolved through direct communication with our project personnel.
If a dispute, claim, or controversy relating to these Terms or the Services (collectively, a "Dispute") cannot be resolved by project personnel, then each party agrees that senior representatives will enter into good-faith negotiations in an effort to amicably resolve the matter.
Any billing dispute or request for adjustment must be submitted in good faith, in writing, within thirty (30) days of the invoice date. You agree to pay all undisputed amounts by the due date.
For disputes that cannot be resolved through negotiation, the matter will be referred to arbitration under the Arbitration and Conciliation Act, 2015, with proceedings conducted in Jammu, Jammu and Kashmir.
For questions about these Terms of Service, please contact us at: