Internal PolicyInternet Policy
The domain name www.kultprit.com (hereinafter referred to as "Website") is owned by KULTPRIT Marketing Commerce Pvt. Ltd. a company incorporated under the Companies Act, 1956 with its registered office at 5E, Circular Mansion, 222 AJC Bose Road, Kolkata, West Bengal- 700017, India (hereinafter referred to as "Kultprit").This Website is a platform to facilitate the online sale and purchase of merchandise manufactured by Kultprit only.
1.1. Bulk Order – A large number of items ordered in one transaction shall be qualified as a Bulk Order. It shall be at the sole discretion of Kultprit to determine if an order is to be classified as a Bulk Order.
1.2. Carrier – An agent employed by Us for delivering products of Kultprit to You as per the orders placed by You.
1.3. Cookies - “Cookies” store information in hard drives and help in collecting various personal information, such as URL, pages visited IP address, etc. and identifies your tastes and preferences. “Cookies” cannot be used to run programs or send viruses to a user’s computer. You are provided with an option to disable “cookies” but using this option will disable certain features from the website.
1.4. Personal information – The term "personal information" in terms of Rule 2 (i) of the Rules means, "any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.”
1.5. Shipping Process – Shipping Process will be deemed to have commenced when the ordered item(s) have been so entered in the electronic system of Kultprit and is in a condition ready to be shipped.
1.6. Refund – Crediting of a certain amount in Your registered Kultprit account which has been earlier paid by You for purchase of certain item(s) from Us. You shall not be entitled to claim refund by way of cash, cheque, demand draft, etc. You shall not be entitled to claim refund for any amount paid by You as shipping charges.
1.7. Register – Creating a free account on the Website for Yourself and providing all the information requested for in the registration form available on the Website, including but not limited to personal information, credit/debit card details, etc. Once You register Yourself on the Website, You shall become a member of the Website and shall be subject to all the terms and conditions stated herein.
1.8. Replacement - It is the action or process of giving something in place of another. The item(s) purchased by You from Us on the website is returned to Us with the intention of receiving another piece of the same item(s) from Us, and not amount paid while making the purchase.
1.9. Return – The action of giving back the item(s) purchased by You to the Us on the website, with the intention of receiving the amount paid while making the purchase, and not another piece of the same item(s).
II. TERMSOF USE
2.1. Product description:
It is endeavored but not guaranteed by Kultprit that the product description is as accurate as possible. However, Kultprit does not guarantee that product description is accurate, complete, reliable, or error-free. If a product sold is not as per its description, You may return the same in unused condition. Once the product is used, washed, damaged and/or appropriate tags are removed, the same shall not be accepted as a return by Us.
2.2.1. Except where noted otherwise, the List Price displayed for products on the Website represents the full retail price of the product itself, estimated in accordance with standard industry practice.
2.2.2. The List Price displayed on the Website may or may not represent the prevailing price in the market in every area on any particular day. Kultprit does not guarantee that the price will be the lowest in the city or region.
2.2.3. Shipping charges for orders of value of more than INR 1000 (Indian National Rupees One Thousand Only) shall be borne by Us.
2.2.4. For orders of value of less than INR 1000 (Rupees One Thousand Only), shipping charges of a sum of INR 100 (Rupees One Hundred Only) shall be borne by You.
2.2.5. The price of an item cannot be confirmed until the order is placed. Prices may be changed at the sole discretion of Kultprit without any prior notice and/or any consequential liability.
2.2.6. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Kultprit is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
2.3.1. You shall be offered 4 (four) payment options, namely via credit card, debit card, net banking, and e-gift vouchers. Any one of these may be selected by You.
2.3.2. In case You opt to make payment for Your order through credit, debit card or net banking, the same is generally charged before your order has entered the shipping process.
2.3.3. Kultprit shall not be liable or responsible in any way in respect of any loss or damage arising directly or indirectly to the user due to:
a. Any unauthorized transaction being done from Your account
b. Transactions done beyond the mutually agreed limit between You and Your Bank(s).
c. Transaction not being completed due to any other payment issues.
2.3.4. All payments shall mandatorily be in Indian Rupees (INR) acceptable in the Republic of India. No transaction will be facilitated with respect to other forms of currency. Prior to shipping/ delivering an order, seller may request customer to provide authentication documents to establish ownership of the payment instrument used for purchase. This is to provide safe online shopping environment for users.
2.4. Transaction Limit:
220.127.116.11.6.1. Kultprit reserves the right to impose limits on the number of Transactions or Transaction Price which Kultprit may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
18.104.22.168.6.2. Kultprit reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including but not limited to breach of any agreements by You with Kultprit and/or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
22.214.171.124.6.3. Kultprit shall have the right to check Your credibility, if it has reasons to doubt the same, before approving the receipt of the transaction price. As a result of such check, if Kultprit is not satisfied with Your creditability or genuineness of the Transaction, it will have the right to reject the receipt of / commitment to pay the transaction price.
2.7. Card details:
126.96.36.199.7.1. In case You opt for making payments for Your purchase through credit/debit card, You agree to provide correct and accurate credit/ debit card details to the approved payment gateways.
188.8.131.52.7.2. You shall not use the credit/ debit card which is not lawfully owned by You.
184.108.40.206.7.3. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details.
220.127.116.11.7.4. Kultprit expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
2.8. Bank arrangements:
18.104.22.168.8.1. All valid credit/debit card and other payment instruments are processed using a payment gateway or other appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective issuing bank.
22.214.171.124.8.2. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports payment facility to provide these services to You. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between You and the respective issuing bank.
2.9. Risk of loss:
All items shipped by Kultprit are via shipment contracts . Thus, the risk of loss and title over such items pass to You upon the goods being delivered to the carrier.
126.96.36.199.10.1. Your shipping address shall be verified with the database of Kultprit before You proceed to pay for Your purchase. In the event Your area is not within our serviceable limits, We would request You to provide Us with an alternate shipping address is which is within Our serviceable limits. In case there is any dispute regarding the shipment of the product or services for the area not covered by Kultprit, in such cases Kultprit will not be responsible for the non-delivery of the product.
188.8.131.52.10.2. In case You order multiple items in one transaction, Kultprit would endeavor to ship all items together. However, this may not always be possible due to logistics' issues, and the delivery of Your order may be completed in parts.
184.108.40.206.10.3. In case You order multiple items in one transaction, Kultprit would dispatch all the items to a single shipping address given by You. If You wish to ship items to different addresses, then You should book the orders in separate transactions based on the delivery addresses.
220.127.116.11.10.4. Delivery of the item(s) ordered shall be made within the time period that shall be stated by Us when the Order is being placed.
18.104.22.168.10.5. The period of delivery for the same item(s) shall vary according to region it is ordered to be delivered.
22.214.171.124.10.6. In case the item(s) ordered are not delivered within the stipulated time, the order may be cancelled by You and refund for the same may be claimed.
126.96.36.199.10.7. You are required to provide a valid phone number for the purpose of communication regarding order placed.
2.11. Cancellation of Orders:
188.8.131.52.11.1. A request for cancellation can be placed by sending Us an email at email@example.com
184.108.40.206.11.2. Cancellation request may be made by You till the order has not been processed by Kultprit. Kultprit will not be able to cancel orders that have already been processed and Kultprit shall have full discretion to decide whether an order has been processed or not.
220.127.116.11.11.3. Upon cancellation, Kultprit shall refund the entire amount to You within 2 (two) working days in your Kultprit account.
18.104.22.168.11.4. Kultprit reserves the right to cancel any order that classifies as a Bulk Order as determined by Kultprit.
22.214.171.124.11.5. In exceptional circumstances, an order may be cancelled by Kultprit.
126.96.36.199.12.1. A request for return/replacement can be placed by sending Us an email at firstname.lastname@example.org.
188.8.131.52.12.2. A request for return/replacement of item(s) may be made within 48 hours of delivery of the order. No request for return/replacement shall be entertained by Us after the aforesaid period.
184.108.40.206.12.3. Item(s) delivered shall not be replaced/taken as return once it is used, washed, damaged and/or appropriate tags are removed.
220.127.116.11.12.4. The returned products are subject to verification and checks by Kultprit in order to determine the legitimacy of the complaint/ return.
18.104.22.168.12.5. In case of Return, after the item(s) ordered have been returned by You, the price of the item(s) that was actually paid by You shall be refunded and credited to Your account, notwithstanding the price of such item(s) that is prevailing when the Return is processed.
22.214.171.124.12.6. Before accepting shipment of any product it will be your responsibility to ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, we request You to refuse to accept delivery and inform Kultprit at the earliest. Failure to do so might lead to waiver of your right to get the product returned or replaced.
126.96.36.199.12.7. All shipping and other replacement/refund charges shall be borne and incurred by Us. The item(s) to be returned/replaced will have to be shipped by You. A sum of INR 100 (Indian National Rupees One Hundred Only) shall be credited within 2 (two) working days to Your account upon the item(s) reaching Our warehouse.
188.8.131.52.12.8. In case of Replacement, a different piece of the same item(s) shall be delivered to You in exchange of the previously delivered piece. Change in price of the item(s), if any, shall not affect the Replacement.
184.108.40.206.12.9. Replacement of the item(s) is subject to the availability of the same with Us. In case of non-availability, a refund of the order shall be made to You.
220.127.116.11.12.10. The item(s) to be returned/replacement must be returned by You to Us in any circumstance. In case you fail to return the item(s), we will not provide You with any cash back or replaced item(s).
18.104.22.168.12.11. In order to place a request for return/replacement, You must state the reason for the same. It shall be at our discretion to approve or reject such a request. In case We accept the replacement request, You shall be required to return the product to Us and only after You return of the product, We shall be obliged to provide the replacement product to the Buyer.
22.214.171.124.12.12. If Your request for replacement is not responded to by Us within three (3) working days from the date of replacement request being placed by You, refund shall be processed in favor of You.
2.10. Disclaimer of warranties and Liability:
126.96.36.199 All the products available on this Website are provided on “as is” and “as available basis” without any representation or warranties either express or implied unless otherwise specified in writing. Kultprit does not warrant that the Website will be constantly available, or that the information on this Website is complete, true, accurate or non- misleading or that this site, content, materials, products or services included or otherwise made available to the user, servers, or electronic communication is free of virus and other harmful elements. No information on this Website is meant to constitute advice.
2.11. Limitation of Liability/Indemnification:
188.8.131.52 You agree to indemnify, defend and hold harmless Kultprit from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kultprit that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to this Policy.
184.108.40.206 In no event shall Kultprit, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Kultprit has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Kultprit's entire liability to You under this Policy or otherwise shall be the refund of the money charged from You for any specific product, under which the unlikely liability arises.
220.127.116.11. Kultprit shall not be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms and conditions.
18.104.22.168. Kultprit shall not assume any liability for any acts or omissions of the delivery carrier.
2.12. Your Obligations
22.214.171.124. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products, including, but not limited to, products related to that being displayed on the Website or related to Us. You understand that it shall be a violation of this Policy to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person.
126.96.36.199 You shall provide true, accurate, current and complete information while placing the Order.
188.8.131.52. You shall update registration information on the Website from time to time. In the event We have reasons to believe that the personal information provided by You is false or such personal information is being provided to conduct a fraudulent transaction, We reserve the right to cancel your Orders placed or cancel your registration on the Website.
184.108.40.206 You may be required to produce valid identification issued by a governmental authority at the time of receipt of delivery of the Merchandise.
220.127.116.11 It is your responsibility to comply with all the applicable laws, including without limitation the Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to any transaction related to this Website.
2.13. Website Security and Content
18.104.22.168 Without prejudice to the provisions contained in the Information Technology Act, 2000 and other applicable laws, You are prohibited from violating the security of the Website. You shall inter alia abstain from engaging in any of the following activities:
a. Accessing data not intended for You or logging onto a server or an account which You are not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing" or "crashing";
d. Sending unsolicited email, including promotions and/or advertising of products or services by misrepresenting us and/or the Website;
22.214.171.124 Unless otherwise specified, We own all intellectual property underlying the Merchandise and also own the copyright to all the contents on this Website such as copyright underlying the images on the Website, the design and layout of the Website. We own and have all proprietary rights over the trademarks pertaining to brands used for the sale of its Merchandise. Other intellectual property are owned or duly licensed in Ourfavour.
126.96.36.199 Except as under the external links of social media platforms approved by Us on Our Website and except to the extent permitted under applicable law, You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Website without the prior written consent from Us.
188.8.131.52 While the Website is as accurate as possible, We cannot accept responsibility for any inaccuracies or errors beyond its reasonable control. We cannot guarantee that colours in the images displayed on the Website will be rendered accurately on different computer and electronic devices.
184.108.40.206 We cannot guarantee that the Website is free from computer viruses, and You should take your own precautions in this regard.
220.127.116.11. The Website may contain links to other websites. It is clarified that these external websites are not under Our control in any manner whatsoever. We cannot be held responsible for content on such websites and cannot be made liable in any manner whatsoever for content on such other websites. We provide these links to other websites as ease of reference to You and for a better shopping experience or in order to facilitate other business and traders to advertise their products on the Website.
2.14. Compliance with Laws:
18.104.22.168 You shall comply with all the laws applicable and in force within the territory of the Union of India (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Kultprit Website.
22.214.171.124 If Kultprit has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Kultprit may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
126.96.36.199 Kultprit reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Kultprit may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defrauds or deceives, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
2.15. Governing Laws:
188.8.131.52 All disputes arising out of the transactions between You and Kultprit in relation to any transaction, this Policy or anything else, shall be subject to the Laws applicable and in force within the territory of the Union of India.
184.108.40.206 You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Kultprit shall be subject to the exclusive jurisdiction of the courts at Calcutta and You hereby accede to and accept the jurisdiction of such courts.
III. INTELLECTUALPROPERTY RIGHTS POLICY
3.1. Copyright, Trademark and other Intellectual Property Rights:
3.1.1. Kultprit is the sole owner of copyrights, trademarks, and other intellectual property rights over the Website and the goods sold through it. All Marks, domain name, trade dress including the "look and feel" of the Website, its text, graphics, button icons, interfaces, etc., and the arrangements thereof, is the property of Kultprit or its vendors, as the case may be, unless otherwise indicated.
3.1.2. Copying, reproducing, republishing, uploading, posting, transmitting or distribution of any such material in any way, including by email or other electronic means and whether directly or indirectly and even abetment of the same is prohibited.
3.1.3. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
3.1.4. Any redistribution, modification or reproduction of any part or all of the contents featured in the Website in any form is prohibited.
3.1.5. Display, print, or downloading of the contents for personal, non-commercial use may be permitted after giving due acknowledgement of the content to be sourced from Kultprit. Distribution or commercial exploitation of the contents and/or goods on this Website shall not be permitted without express consent in writing from Kultprit.
3.1.6. Transmission of contents and storing them in any other website or in other form of electronic retrieval system shall also not be permissible without express consent in writing from Kultprit.
3.2. Rights granted:
3.2.1. Users may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
3.2.2. Providing false email address, impersonating any person or entity, or providing misleading information as to the origin of such information is prohibited. Posting such content, automatically grants Kultprit a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kultprit the right to use the name that you submit in connection with such content, if they choose.
3.2.3. The user represents and warrants that he owns or otherwise controls all of the rights to the content that he posts; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that he will indemnify Kultpritfor all claims resulting from content you supply. Kultprit has the right but not the obligation to monitor and edit or remove any activity or content.
3.2.4. Kultprit takes no responsibility and assumes no liability for any content posted by you or any third party.
3.3. Complaint Mechanism:
3.3.1. If any objectionable content is found by You that may be infringing Our Intellectual Property Rights, the same must be informed by You as soon as practicable by emailing to Us an infringement notice at email@example.com.
3.4. Kultprit Infringement Verification:
3.3.2. Kultprit has put in place Kultprit Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Kultprit's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
4.1. Any individual who is competent to contract as per the Indian Contract Act, 1872 shall be eligible to become a member of the Website.
4.2. In order to become a member, You must must create an account at Our Website and provide all information requested by Us. Your membership shall be confirmed by sending an email at the email address provided by You during registration. We will not be liable or responsible for correspondence lost or delayed in the e-mail.
4.3. It will be presumed that all users members are aware of the Terms and Conditions set out herein. We reserve the right to add, modify, delete or otherwise change the Terms and Conditions without any approval, prior notice or reference to the Member.
4.4. In no circumstances the membership shall be transferable to any third person whatsoever.
4.5. Your membership shall be valid for life until such time as We decide to terminate this Membership Program, with or without notice to its Members. We reserve the right to refuse, amend, vary or cancel membership of any Member without assigning any reasons and/or without prior notification.
4.6. Any change in the name, address, or any other information relating to You must be notified to Us by You as soon as possible by email at firstname.lastname@example.org or by calling at Our helpline no. [RDA note: Insert phone number] which shall be available 24 hours day and 7 days a week.
4.7. Discount coupons may be given by Us to all members from time to time, which can be redeemed at their next purchase. A discount coupon cannot be clubbed with any other offer and/or discount coupon and shall not be transferable.
4.8. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You will notify Kultprit of any unauthorized use of Your password or account or any other breach of security.
4.9. You may provide links to Our website homepage to others. However, it should not suggest Our association with You in any form or the other. Also, doing so must not bring any legal or reputational damage to Us.
4.10. The following actions will be considered as misuse of the website, and are thus prohibited:
4.10.1. Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
4.10.2. Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
4.10.3. Transmission of junk mails, spam or chain letters;
4.10.4. Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4.10.5. Posting unsolicited promotional or advertising content;
4.10.6. Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
4.11. Members are not permitted to purchase products for the purpose of resale. In case any misuse of Your membership, including but not limited to such resale of products, We shall be entitled to terminate your account at any time without prior notice and with no obligations to refund any money.
4.12. Promoting an illegal or unauthorised copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file, providing or creating computer viruses;
4.13. Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
4.14. We shall not be liable for any sort of damage or harm caused to your software, data or computer device by downloading content from this website.
4.15. In the event of dispute in connection with Kultprit and the interpretation of Terms and Conditions, Our decision shall be final and binding. Kultprit will not be liable for any loss or damage arising from Your failure to comply.
V. Force Majeure
5.1. If either party hereto, i.e. Kultprit and/or You is prevented in the performance of any act required hereunder by reason of act of God, fire, flood, or other natural disaster, malicious injury, strikes, lock-outs, or other labour troubles, riots, insurrection, war or other reason of like nature and not due not the fault of the party in performing under these terms and conditions, then performance of such act shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay except that if any delay exceeds six months, then the party entitled to such performance shall have the option to terminate the performance of the same. Neither party shall be entitled to raise a dispute in such a circumstance.