This Disclaimer governs the use of all brand names, product identifiers, engine models, OEM references, technical data, images, logos, and trademarks ("Proprietary Marks") that appear on this website, within our quotations, tenders, catalogues, marketing materials, technical documentation, export filings, import documents, or any electronic or printed communication issued by our company ("the Company").


1 OWNERSHIP OF INTELLECTUAL PROPERTY

All Proprietary Marks referenced by the Company remain the exclusive intellectual property of their respective global owners and are protected under:

India
  • The Bharatiya Nyaya Sanhita (BNS), 2023
  • The Trademarks Act, 1999
  • The Consumer Protection Act, 2019
  • The Copyright Act, 1957
European Union
  • EU Trade Mark Regulation (EUTMR – Regulation (EU) 2017/1001)
  • EU Unfair Commercial Practices Directive
  • EU Intellectual Property Rights Enforcement Directive
United States
  • Lanham Act (15 U.S.C. §1051 et seq.)
  • US Federal Trade Commission (FTC) rules on deceptive marketing
  • State-level unfair competition laws
GCC (UAE, Saudi Arabia, Qatar, Oman, Bahrain, Kuwait)
  • GCC Trade Mark Law
  • National Consumer Protection & Anti-Commercial Fraud Laws
LATAM (Brazil, Mexico, Argentina, Chile, etc.)
  • National IP Laws compliant with TRIPS
  • Provisions on nominative use and commercial transparency
Africa (South Africa, Kenya, Nigeria, etc.)
  • National Trademark Acts
  • African Regional Intellectual Property Organization (ARIPO)
  • OAPI conventions
International Treaties
  • Paris Convention
  • Madrid Protocol
  • TRIPS (WTO)
  • WIPO-administered treaties

2 NO AUTHORISED DEALER / DISTRIBUTOR STATUS (GLOBAL STATEMENT)

The Company hereby declares, for ALL jurisdictions:

  • We are NOT an authorized agent, distributor, dealer, licensee, partner, representative, or affiliate of any manufacturer or trademark owner mentioned or displayed in any form.
  • We are NOT endorsed, sponsored, approved, certified, or authorized by such entities in any country.
  • No relationship of commercial, legal, or contractual affiliation exists unless expressly agreed in writing.

Any mention of brand names, engine models, or logos & part numbers is solely for compatibility, identification, and reference purposes, especially within high-risk sectors such as:

  • Energy generation
  • Biogas & renewable power
  • Industrial & mechanical engineering
  • Gas engines, diesel engines, reciprocating engines
  • EPC, utilities, and heavy machinery

3 NATURE OF GOODS PROVIDED

The Company supplies:

A. OEM (Original Equipment Manufacturer) Parts

Only where explicitly stated.

B. Aftermarket / Alternative / Compatible Replacement Parts

Made by independent manufacturers as per the OEM standards.


4 PERMISSIBLE NOMINATIVE & DESCRIPTIVE USE (GLOBAL SAFE-HARBOUR)

Across India, EU, USA, GCC, and all international jurisdictions, the Company's use of Proprietary Marks qualifies as "nominative fair use / descriptive use", which is legally permitted when:

  • The product cannot be identified without using the trademark,
  • Only the minimum necessary reference is used,
  • The use does not suggest sponsorship or affiliation.

This principle is recognized worldwide, including:

  • EUIPO & CJEU case law
  • US Ninth Circuit – New Kids on the Block Test
  • US Federal Courts – Playboy v. Welles
  • Global TRIPS Article 17 framework
  • GCC and LATAM commercial fair-use interpretations

5 NO PASSING OFF, NO MISREPRESENTATION, NO FALSE AFFILIATION


6 HIGH-RISK INDUSTRY SAFETY STATEMENT


7 LIMITATION OF LIABILITY (GLOBAL)

To the fullest extent permitted under applicable international law:

  • The Company shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising from misinterpretation of brand association.
  • No liability arises for assumptions that our products are manufactured, endorsed, or approved by the trademark owners.
  • Buyers assume full responsibility for verifying technical applicability, installation suitability, and equipment conformity.

8 GOVERNING LAW & JURISDICTION

This Disclaimer may be used as a defensive legal instrument in any competent court or tribunal.

A. Primary Applicable Law

Laws of India

B. Additional Jurisdictional Validity

This Disclaimer is also enforceable, to the extent permitted, in:

  • The European Union
  • United States (Federal & State Courts)
  • GCC jurisdictions
  • LATAM jurisdictions
  • African jurisdictions
  • Asia-Pacific courts
  • International commercial arbitration tribunals (ICC, LCIA, SIAC, DIAC, etc.)
C. Conflict of Laws

In cross-border disputes, this Disclaimer shall be interpreted using principles of:

Private International Law
International Commercial Contract Law
International IP Law Standards

9 RESERVATION OF RIGHTS