These Terms constitute a legally binding agreement (“Agreement“) between you and Bonito governing your access to and use of the Bonito website, including any subdomains thereof, and any other websites through which Bonito makes its services available (collectively, “Platform“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Services“). The Platform, Application and Services together are hereinafter collectively referred to as the “Platform/Portal”.
When these Terms mention “Bonito,” “we,” “us,” or “our,” it refers to the Bonito company you are contracting with having its registered office at 1182, 2nd Floor, 5th Main, Sector 7, HSR Layout, Bengaluru, Karnataka, India – 560102 (hereinafter referred to as “Bonito”, “We”, “Us” or “Our”).
This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable 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.
Merely A Platform
By using the Platform, Users agree to comply with and be legally bound by this T&C and become a registered User of the Platform. These T&C govern Users access to the Platform and use of the Platform and constitute a binding legal agreement between Users and Bonito. Accessing or otherwise using the Platform indicates Users agreement to all the terms and conditions under these T&C. So please read the T&C carefully before proceeding.
Users agree and acknowledge that through the Platform Bonito provides User with access to variety of resources, and services such as listing the User’s property for the purpose of rent/lease, posting User’s requirement for a house/property for rent/lease, facilitating lease/rental agreements, collecting monthly rent, collecting security deposit etc.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these T&C, at any time without any prior written notice to Users. It is User’s responsibility to review these T&C periodically for updates / changes. Users continued use of the Platform following the posting of changes will mean that Users accept and agree to the revisions. As long as Users as the case may be comply with these T&C, We grant Users a personal, non-exclusive, non-transferable, limited privilege to use and enter into the Platform. Users agree that Users use of the Platform shall be strictly governed by this T&C.
Our Platform and Services may have different features and offerings, so sometimes additional terms or requirements may apply to Users use of those features or offerings. If additional terms are available for the specific services of the Users use, those additional terms become part of these T&C.
The User to be entitled to use the Platform shall have completed the registration process as provided on the Platform. The registration process involves creating of a login id by following the link and signing up, after providing certain basic information about themselves as name, sex, email, age address, telephone etc., and accordingly create an account (“Account”).
Only after completing the registration process, a person becomes a registered User with Bonito who shall be entitled to use the Platform.
The Users understand and agree that Bonito may screen and verify the information provided by the User and at its sole discretion, increase the amount or number of information for the registration process and may ask for further information even after registration process. Bonito may in its sole discretion, close the account of any User, if any information provided is found to be false or the information provided is not sufficient.
You shall ensure that the registration data provided by You must be accurate, complete, current and true. We shall bear no liability for false, incomplete, old or incorrect registration data provided by You.
You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation by Us.
You are solely responsible for maintaining the confidentiality of Your registration data and will be liable for all activities and transactions that occur through Your account, whether initiated by You or any Third Party. The password and other details of the account should not be shared with any Third Party. Your account is non-transferable and is not capable of being sold to a Third Party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.
In the event of any change in the said information, You agree to promptly update Your account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.
We reserve the right to suspend or terminate Your account with immediate effect and for an indefinite period, if We have a reason to believe that the registration data or any other data provided by You is incorrect or false, or that the security of Your account has been compromised in any way.
We allow You to open only one account in association with registration data provided by You. In case of any unauthorized use of Your account please immediately reach Us at the Email: firstname.lastname@example.org. In case, You are unable to access Your account please inform Us at Email: email@example.com and make a written request for blocking Your account. We will not be liable for any unauthorized transactions made through Your account prior to You making a request in writing for blocking and We shall require at least 72 (Seventy Two) hours to process your request unless in case of force majeure events which are beyond Our reasonable control.
Using The Portal
You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to Your use of the Platform and Services. In connection with Your use of the Platform and the Services You may not and You agree that You will not:
violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform;
use the Platform for any commercial or other purposes that are not expressly permitted by these T&C or in a manner that falsely implies Bonito’s endorsement, partnership or otherwise misleads others as to Your affiliation with Bonito;
dilute, tarnish or otherwise harm the Bonito’s brand in any way, including through unauthorized use of Data, registering and/or using Bonito or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Bonito domains, trademarks, taglines, promotional campaigns or
infringe the rights of Bonito or the rights of any other person or entity, including without limitation, their Intellectual Property Rights, privacy, publicity or contractual right
interfere with or damage Platform or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Use Our Platform in connection with the distribution of unsolicited commercial email (“spam“) or advertisements unrelated to lodging in a private residence;
“stalk” or harass any other User of Our Portal, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a User;
register for more than one Account or register for an Account on behalf of an individual other than Yourself;
engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of Our Platform or Platform Services;
post, upload, publish, submit or transmit any information that: (i) infringes, misappropriates or violates a Third Party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve Data or other content from Our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Platform or any individual element within the Platform, Bonito’s name, any Bonito trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform without Bonito’s express written consent;
access, tamper with, or use non-public areas of the Platform or Platform Services, Bonito ‘s computer systems, or the technical delivery systems of Bonito ‘s providers;
attempt to probe, scan, or test the vulnerability of any Bonito system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Bonito or any of Bonito ‘s providers or any other Third Party (including another User) to protect the Platform and Platform Services.
It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to. It also is possible for others to obtain information about You due to Your use of the Portal, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the Platform You acknowledge and agree that We are not responsible for the use of any information that You publicly disclose or share with others on the Portal. Please carefully select the type of information that You publicly disclose or share with others on the Portal.
You will compensate and defend Us fully against any claims or legal proceedings brought against Us by Third Parties or any other person as a result of Your actions and/or breach of these T&C.
Bonito has the right to investigate and prosecute violations of any of the above. In addition, and as set in these T&C, Bonito may take a range of actions against You, including but not limited to deactivating or cancelling Your Account, for a violation of these T&C.
Bonito may access, preserve and disclose any of Your information and User Content if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Bonito or to comply with legal process (for example, summons or warrants), (ii) enforce or administer Our agreements with users, such as these T&C, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Bonito, its Users, or members of the public.
Use of the Services, through Portal, or by any other means, is available to persons who can under Applicable Laws in India and can enter into a legally binding contract under Indian Contract Act, 1872, and/ or are not barred by any law for the time being in force. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Portal.
You must be 18 years of age or older to register, in addition to being duly qualified for the intended use of the Services in any manner. By registering and using the Platform or accepting this T&C, you represent and warrant to Bonito that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Portal. In case of minor the parent or guardian can do registration on his/her behalf.
You may avail the Services only if You fulfill the conditions as mentioned in this Clause. If You are not Eligible, please immediately abandon any and all attempts to register with Us or use Our Services.
You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your account to access the Platform Services on the Platform is not Eligible to use the same.
We reserve the right to refuse, restrict, suspend, limit or terminate any or all Platform Services provided to any User at any time for any reason. User/ Users who violate any of provisions of this T&C will have their access blocked/ members if applicable revoked and/ or be excluded from Our network.
License To Use
Bonito by way of its Services and Your use of the Platform provides a nonexclusive, revocable, non-assignable license to use the Platform of Bonito.
The rights granted under the Platform by Us to You are personal in nature and character and therefore You are not permitted without the prior consent in writing from Us, to assign, transfer or grant any sub – license to, or otherwise dispose of the whole or any part of Your right, title, and interest in respect of this Platform to any Third Party.
Bonito shall not be held responsible for non-availability of the Platform and Platform Services during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Bonito’s control.
We do not commit to ensuring that, the Platform will be available at any particular time.
While We shall make best endeavours to ensure proper functioning of the Portal, You shall not hold Us liable for any loss, inconvenience suffered due to unavailability of features or Platform Services provided on the Portal.
Restrictions On Use
As a condition of your access to and use of the Portal, you agree that you will comply with all Applicable Laws and regulations when using the Portal.
You agree to use the Platform solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Data, services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Portal, and (b) you will not copy, reproduce, download, compile or otherwise use any content or Data for the purposes of operating a business that competes with Bonito, or otherwise commercially exploiting the content. Systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Bonito is prohibited. Use of any content Data or materials on the Platform for any purpose not expressly permitted in this T & C is prohibited.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of the Platform and/or any other User nor to gain unauthorized access to such computer systems or networks.
You agree not to undertake any action which may undermine the integrity of the Portal’s feedback system.
By posting or displaying any information, content or material required for registration and creation of an Account; or in the event any data, files pertaining to You are uploaded on the Platform in lieu of any new services/features made available to You in future (“User Content”), You agree to grant Us an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Bonito to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Portal. You confirm and warrant to Bonito that you have all the rights, power and authority necessary to grant the above license.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all Applicable Laws, domestic laws, rules and regulations statutes, ordinances and regulations regarding Your use of Our service.
We reserve the right, but have no obligation, to monitor the materials posted on the Portal. We shall have the right to remove or edit any content that in Our sole discretion violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of this T & C.
Design Initiation Fee 10% of estimated project value payable at the 1st Design Presentation by the designer / design expert
Production Initiation Fee 50% of estimated project value payable on Final 3D Signoff prior to the Pre-production and production work.
Execution Initiation Fees 40% of the estimated project value payable before the dispatch of products to site for installation.
In case of timeline extensions attributable to the Customer during the Design Phase, despite best efforts from the Bonito team, and for reasons not attributable to Bonito, the Customer will be liable to pay an additional amount of Rs. 5,000 for every 10 (Ten) days of delay/extension, to provide for the additional timeline for design services.
Late payment charges of Rs. 500 per day will be applicable in case of any delay of payments due from the due date until the relevant payment is received.
If the products are ready at Bonito’s factory, and for any reason attributable to the Customer, Bonito cannot dispatch the same to the site, Bonito will charge Load-Holding Charges, which shall be Rs. 500 per day till Bonito can dispatch the products to the site, and the said sum will have to be paid in full by the Customer before the products/materials are dispatched.
Other terms and conditions:
In case of an increase in the estimated project value, additional payment will have to be made immediately by the Customer upon revision.
All vendor products will have to be paid for, in full, along with the Production Initiation Fee as per the quotation.
The Customer acknowledges that in the event the Customer does not take handover of products within a period of 30 days from the date Bonito notifies that products are ready for dispatch or if the products are not dispatched due to failure of the Customer to pay the Execution Initiation Fee and any Load Holding Charges, in full, if applicable, then, Bonito shall not, in any manner whatsoever, be liable for any damage that may be caused to the products lying at the factory or warehouse.
All payments made by the Customer at any stage are non-refundable on termination for any reason or in any other event whatsoever. The Customer shall also not be entitled to claim any refund in case of termination of this Agreement by any party at any stage of the Agreement, for any reason whatsoever.
All project values in the estimate shared will be inclusive of taxes, which will be subject to change as per prevalent government tax rates/structure.
Any bank, payment gateway fees or processing fees shall be borne by the Customer as and when applicable.
Final Site Handover to the Customer will only happen upon receipt of all outstanding payments (if any) by Bonito.
For wardrobes, by default, 2 drawers will be provided and for any additional internal drawers, the cost will be added separately to the estimate.
Electrification includes only the alteration of the existing electrical wiring, which comprises only labour and material. Any alteration of electrical points needs to be finalised during the Design Phase. The electrification cost is based on different electrical services availed by the Customer and calculated accordingly. Any differential electrification costs will have to be paid in full along with the Execution Initiation Fee.
For ease of calculation of measurements at the premises for manufacturing, it is clarified that 1 Foot = 300mm.
Third Party Products
PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by Bonito. In other words these additional terms and conditions are applicable in case you buy products sold on the Platform by third party vendors. You understand and agree that there may be certain products, which will be sold on the Platform by third party vendors (“Vendors”). Bonito may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Platform the following additional terms and conditions will become applicable: Bonito is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Bonito cannot and does not guarantee that the Vendors will perform any transaction concluded on the Platform. Bonito does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Platform by the Vendor. In particular, Bonito does not implicitly or explicitly support or endorse the sale of any items or services on the Platform. Bonito accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
You release and indemnify Bonito and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Bonito cannot control the information provided by other Vendors, which is made available on the Platform. You may find other Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Platform. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
All other terms and conditions of this User Agreement are applicable to such transactions.
The Portal, and related icons and logos are registered trademarks or trademarks or service marks of Bonito and related icons and logos are registered trademarks or trademarks or service marks of Bonito, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Drawings, designs, specifications and other documents (“Designs”), prepared by Bonito are instruments of service for use solely with respect to this project. This includes documents in electronic form. Bonito shall be deemed the author and owner of the Designs and shall retain all common law, statutory and other reserved rights, including copyrights. The Designs shall not be used by the Customer for future additions or alterations to this project or for other projects, without the prior written agreement of Bonito. Customer shall indemnify and hold Bonito harmless for any loss or damage caused by any unauthorized use of the Designs by the Customer and the Customer shall be liable for the same.
Bonito warrants that products sold hereunder meet their descriptions or specifications, subject to use, storage and application thereof in accordance with and based on Bonito’s standard instructions of use and recommendations and subject to exclusions set out in the Warranty Letter.
In case only of a manufacturing defect in a product under a warranty, a replacement will be provided subject to the terms and conditions set out in the Warranty Letter.
Unless otherwise restricted by mandatory applicable law, the warranty set forth herein is expressly in lieu of all other warranties, whether expressed or implied, including, without limitation, any and all warranties of merchantability, quality and fitness for use and for purpose.
Unless Bonito shall, after delivery of products, receive from the Customer, a written notice of any matter or thing by reason whereof it is alleged that the goods / products supplied have a manufacturing defect within the applicable warranty period, goods and services delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Agreement and the Customer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and / or breach of warranty and / or any condition.
Any and all warranties, undertakings, guarantees or assurances provided herein by Bonito, are specifically limited to the Customer herein, and not imputed, whether directly or indirectly, expressly or impliedly, to any other person or entity.
Limitation of Liability
Bonito’s liability in connection with or arising out of the contractual relationship with the Customer, regardless of the ground (contract or tort or otherwise) shall be limited to the total fees received by Bonito in respect to the project.
Any additional claim of any nature based on default shall be excluded. In no event shall Bonito be liable for (i) any form of negligence (including gross negligence to the extent permitted by law) by Bonito or by any of Bonito’s employees, executives or affiliates; (ii) indirect damage, consequential damage and / or loss of profits or unrealised savings; and (iii) any acts and omissions on the part of auxiliary persons of Bonito or the suppliers / vendors, be this contractual or non-contractual.
Eligibility of delay compensation
Following cases are not eligible for claiming delay compensation
Customer initiated hold on project at any point (delayed possession or customer vendor work or otherwise); any discontinuity in access to site or ability to work at site – delay compensation will not be applicable
Customer staying in property while work getting done
Customer vendor working at the site at any point while Bonito contractors are present
Restrictions in working at site – timings, manpower restrictions
Design changes after design closure – modification of scope of work Power, Water supply issues at site
Delays caused due to customer approvals pending
Unforeseen issues not attributable to Bonito on raw material, manpower or others
Budget of property greater than Rs 30 Lakhs
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Bonito for redelivery shall be claimed from you.
You will provide authentic and true information in all instances where such information is requested of you. Bonito reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Bonito has the right in its sole discretion to reject the registration and debar you from using the Services of Bonito without prior intimation whatsoever.
That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
If You choose to use the Portal, Platform Services You do so at Your sole risk. You acknowledge and agree that Bonito does not have an obligation to conduct background or character checks on
any User but may conduct such background or character checks in its sole discretion. If We choose to conduct such checks, to the extent permitted by Applicable Law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
No advice or information, whether oral or written, obtained from Bonito or through the Portal, will create any warranty not expressly made herein.
You can stop using Our Platform and the Platform Services at any time. Bonito may also restrict Platform access by You, or add or create new limits to Platform Services provided to You at any time.
Bonito reserves the right, in its sole discretion, to terminate the access to the Platform and the related Services or any portion thereof at any time, by giving You 15 (fifteen) days’ notice via email to Your registered email address provided to us.
Should the User object to any terms and conditions of this T&C or become dissatisfied with the Platform in any way, the User’s only recourse is to immediately: (a) discontinue use of the Platform and Platform Services; and (b) notify Bonito of such discontinuance. Bonito shall not be liable to the User or any Third Party for termination of this T&C.
Upon termination, the User’s right to use the Platform and Platform Services shall immediately cease. The User shall have no right and Bonito shall have no obligation thereafter to execute any of the User’s uncompleted tasks. Once the User’s registration is terminated, cancelled or suspended, any User Content that the User has stored on the Platform may not be retrieved later.
If You or we terminate this T&C, the clauses of these Terms that reasonably should survive termination of the T&C will remain including indemnity, ownership of Intellectual Property Rights etc.
Applicable Law And Dispute Resolution
You agree that this T&C and any contractual obligation between Bonito and User will be governed by the laws of India. The courts at Bangalore shall have exclusive jurisdiction over any disputes arising out of or in relation to this T&C, your use of the Platform.
Contact Information And Grievance Officer
If a User has any questions concerning the Platform and this T&C related to any of the foregoing, a customer support can be reached at the following email address: firstname.lastname@example.org.
Bonito shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.
Bonito reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform Services (or any part thereof) provided by Us with or without notice. You agree that Bonito shall not be liable to You or to any Third Party for any modification, suspension or discontinuance of such Platform Services. It is Your responsibility to review these T&C periodically for updates/changes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information, Data provided by Us, including any Intellectual Property Rights of Bonito or any person firm or corporation having posted information for availability through the Services provided by us.
You agree that in the event Your post, User Content, registration data or Your information violates any provision of this T&C, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Platform and Platform Services, terminate and/ or suspend Your access if applicable in the future.
If any provision of this T&C is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this T&C and the remainder of the T&C shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, this T&C shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Applicable Law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Our failure, delay or omission to exercise or enforce any rights or provisions of these T&C will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to this T&C should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.