Terms & Conditions

1. Scope and Application

These Terms and Conditions govern all commercial quotations, purchase orders, engineering designs, equipment fabrications, surface preparation tools, and technical consultation delivered by Elyon Engineering Pvt Ltd ("Elyon", "Company", "we"). Any alternative terms proposed in a Buyer's purchase order shall only take effect if explicitly confirmed in writing by an authorized officer of Elyon Engineering.

2. Quotations and Order Confirmation

All written quotations issued by Elyon Engineering are valid for a period of thirty (30) calendar days from the date of issuance, unless otherwise stated in the quotation document. Due to international commodity price fluctuations (e.g. copper, nickel, structural steel, maritime freight rates), Elyon reserves the right to revise quotes prior to formal written acceptance.

Contracts are legally binding only upon the issuance of a formal written Order Confirmation or Counter-signed Purchase Agreement by Elyon Engineering.

3. Specifications, Drawings & Design Approvals

Where equipment or components are manufactured to Buyer-furnished specifications or CAD blueprints:

• The Buyer warrants that all provided designs are technically viable and do not infringe on third-party patent rights.
• Elyon Engineering shall submit General Arrangement (GA) drawings or manufacturing cut-sheets for approval prior to production commencement.
• Modifications requested after drawing sign-off may incur additional engineering charges and lead-time extensions.

4. Inspection, Testing & Acceptance

Unless specifically agreed otherwise, Factory Acceptance Testing (FAT) and dimensional verification are performed at our designated fabrication or warehouse facilities in accordance with ISO 9001 quality management procedures.

Buyer-nominated third-party inspection agencies (e.g., DNV, Lloyd's Register, Bureau Veritas, SGS) are welcomed upon prior notice. Acceptance certificates issued post-FAT establish full metallurgical and dimensional compliance.

5. Delivery, Title & Risk of Loss

Deliveries are governed by Incoterms® 2020 (e.g., EXW, FOB Port of Colombo, CIF, or DDP) as designated in the applicable quotation. Risk of loss passes to the Buyer in accordance with the agreed Incoterm. Title to delivered equipment and materials shall remain with Elyon Engineering until payment has been remitted in full.

6. Warranty and Defect Liability

Elyon Engineering warrants that all newly manufactured equipment, surface preparation tools, and custom fabricated assets shall be free from defects in material and workmanship under normal operating conditions for a period of twelve (12) months from delivery date or eighteen (18) months from dispatch, whichever occurs first.

This warranty excludes routine wear-and-tear items (such as wire brushes, cutter wheels, seals, filter elements), or damages arising from improper electrical phase wiring, lack of lubrication, or unauthorized field modifications.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Elyon Engineering shall not be liable for indirect, incidental, special, or consequential damages, including loss of vessel charter, plant downtime, or lost revenue. The aggregate liability of Elyon Engineering under any claim shall not exceed the contract value actually paid for the specific equipment giving rise to the claim.

8. Governing Law and Dispute Resolution

These Terms and Conditions and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. Any controversy shall be submitted to confidential arbitration under the rules of the Sri Lanka National Arbitration Centre (SLNAC) or settled before the competent courts of Colombo.