General Conditions of Sale
- GENERAL: In the event of any conflict between these General Conditions and the Buyer's offer acceptance or conditions of purchase, if any, these General Conditions of Sale shall prevail.
- PAYMENTS: Any payment made as security deposit will be accepted by us only without liability to pay any returns on principal amount and is liable to be forfeited without prejudice to our other rights in case Buyer cancels the contract or any portion thereof and / or does not abide by any contract terms.
- PRICES: All prices and quotations are subject to alternation without notice unless and until they have been accepted in writing by any Sales Manager or any authorized person from company. Prices of goods other than those manufactured by us are based on our supplier's ruling prices and are subject to enhancement as time of delivery and the order is therefore accepted to pay any such price enhancement as aforesaid. All prices are for delivery ex.Bhiwandi-421311. Unless otherwise expressly specified CGST. SGST. IGST or any other levy in respect of goods being the subject matter of this invoice will be charged extra and at the rates in force at the time of actual dispatch. If, after the date of the contract there is any increase in or fresh impositions of any duties, charges, levies or taxes directly or indirectly whether on account of an interpretation other than the existing one or not, on the goods sold or on the raw materials required therefore or there are by additional expenses or payments incurred or borne by us or our suppliers in connection with the carrying out of the contract occasioned by causes beyond our control or by force majeure all such amounts (and at our option, a deposit towards same) shall be paid by the Buyer on demand.
- TAXES: The buyer agrees to pay all applicable taxes, including GST or VAT, as per the applicable laws. The invoice may include these taxes separately or as part of the total amount.
- DELIVERY: The seller will deliver the goods to the buyer's designated location or as otherwise agreed. The buyer is responsible for any additional costs related to delivery, such as transportation or insurance. Any goods subject of an order may be delivered either in one lot or separate lots at our option. For the convenience of the Buyer and entirely without prejudice to our right to claim the price thereof in Mumbai. We will if requested, do our best to arrange to ship or rail or dispatch the goods and / or forward the documents of title to the goods to the destination required by the Buyer at the risk and costs in all respects of the Buyer.
- TIME OF DELIVERY: All offers for delivery from stock are subject to the goods remaining unsold at the time of receipt of an order for goods. Contracts for delivery of goods/documents are subject to our receiving delivery from Suppliers/Shippers and subject to their safe arrival. Time of delivery/dispatch indicated in the contract is not guaranteed and contracts are entered Into in consideration of the definite understanding that Buyer will accept delivery of the consignments as and when received and will not cancel the contract or part thereof or claim any compensations for delays, if any, in delivery /dispatch or refuse to accept delivery of the goods or any instalment on ground of delay in delivery/dispatch. Buyer will not be entitled to claim loss/damage on this head under any circumstances.
- DEVIATIONS: Common deviation in regard to quality, measurements and quantities do not constitute a cause for rejection or objection or damages. For suitability of our goods for definite use, we only guarantee this if this has been specifically assured so in writing. Advice to the Buyer specifically about these of our goods is without any commitment. On custom orders we reserve to ourselves the right to supply 10% more or less.
- CLAIMS: Buyer will inspect the goods immediately on arrival therefore and will within 2 days from date of arrival give sellers notice in writing of any matter or thing by reason whereof they may allege that the goods are not in accordance with the contract. If the Buyer fails to give such notice the goods will be deemed to lie in all respects in accordance with the contract and the Buyer will not be entitled thereafter to put any claim against seller and Buyer will be deemed to waive his claim, if any, against the seller in this connection.
- LIMITATION OF LIABILITY: The seller will not be liable for any damages, losses, or expenses arising from the use or misuse of the goods. The seller's liability will be limited to the invoice value of the goods.
- TERMS OF PAYMENT: (a) Time of payment is the essence of the contract and the contract is entered into on the clear understanding that the Buyer agrees to make payment notwithstanding any dispute of counter claim which will however be settled by arbitration as provided hereinafter. The Buyer will be wholly and solely responsible for obtaining licenses/ registrations as may be required at his end under the applicable laws for dealing with any particular product. The Customer will be responsible for communicating the correct and complete details of such licenses / registrations to the Company and also change of any such details to the Company for updating the master of the latter. The Company shall raise Invoice on the Buyers name, address and Goods and Services Tax registration number as per the information provided by the Buyer to the Company. The determination of nature of supply (1.0. Intra state or inter-state) will be solely determined basis the aforesaid information provided by the Buyer. It will be the responsibility of the Buyer to correctly provide the aforesaid relevant details. In case of any loss of tax credit to Buyer due to furnishing of incorrect details, the Company would not be liable to indemnity and/ or compensate the same to the Buyer. Buyer will not be entitled to withhold payment from or set off amounts against our claims or for some alleged claims on us not specifically admitted by us. Change in Assessment of the buyer's credibility, specially non-observance of payment terms, receipt of unfavourable information and so on justifiable reasons for us to secure full payments before the manufacture of supply against the order even if this was in the first instance not agreed upon or we may terminate the contract without any liability for damages.(b) Unless otherwise specially arranged our terms of payment are full bank transfer before delivery or before handling over the documents of title, (c) if any amount collected by us or towards tax, cess or duty is paid by us to Government or any authority, any subsequent refund of the amount to Buyer on the ground that ex around by us. Where CGST, SGST, IGST and / or any other taxes, Levies etc. are paid by us under protest on goods sold, any claim from the buyer on this account will not be entertained until the liability is ascertained and accepted conclusively by us (d) in case where we agree to Buyer's request to handover documents for collection to any Bank by Buyer, then Buyer requests to handover documents for collection to any Bank Specified by Buyer, then Buyer request to make
- Good the payment involved to us. If for any reason whatsoever. (including the failure of the Bank) payment is not actually received by us from the Bank within 07 days from date of delivery of documents to Bank, penalty at 24% per annum will be payable on demand on all outstanding from date default, (e) in case we draw Bills of Exchange or accept cheques then this is only done for the purpose of payment and Bill of Exchange are to be free from fees of discounts. We are not responsible for presenting them in time or lodging protests or giving notices of dishonour etc., unless all outstanding bills are paid which arise out of earlier supplies no discount, if any agreed to will be allowed on payments made by the Buyer for later supplies and the amount so paid will, in spite of any other debts at our choice, (f) Notwithstanding anything to the contrary contained hereinabove, penalty@24% Will be payable by the Buyer in case of delay in settlement of this invoice. PROPERTY/ RISK: The goods will remain our exclusive property until full payment of price. In all contracts, including contracts for delivery of goods/documents of title to goods notwithstanding that the contracts is for delivery as aforesaid and notwithstanding anything to the contrary contained all these General Conditions of sale, the risk in the goods" ceases to be ours and will become the Buyer's from the time. The goods allocated to Buyer's contract are shipped/ dispatched handed over to the carriers.
- OWNERSHIP: Ownership of the goods will remain with the seller until the full payment is received. The buyer agrees to take all necessary precautions to protect the goods until ownership is transferred.
- INSURANCE & RISK IN TRANSIT: In case we are requested to arrange insurance on Buyer's account, we shall endeavour if so required to arrange cover against such risks as may be stipulated provided the same be requested at the time of placing the order and we are incur to no responsibility should we fail to effect such insurance. Where we act on Buyer's behalf we will do so as buyer's agent and the Buyer's risk and cost and on conditions that Buyer will not bring forward any claim against us on any grounds including negligence Statutory. Liabilities if any in this regard are excluded, since goods are properly packed and checked before handing over to the carriers. We are not responsible for any damage/shortage/theft etc. in transit.
- WAR RISKS ETC: If the fulfilment of the part or the whole of a contract is affected by war or regulations of any Government, all extra charges incurred thereby will be on Buyer's account, We also have the option of cancelling the contract under all such circumstances at the risk and on account of the Buyer.
- GENERAL LIEN: We shall be entitled to general lien on all goods in our possession under any contract for all moneys for the time being due to us by the Buyer, both under the same contract and/ or on any other account and shall also be entitled to apply any moneys in our hands under any contract to moneys due to us under any other contract or contracts buyer further agrees to "allow without prejudice to our other rights, right of lien and resale in respect of any goods in our possession belonging to Buyer and also a lien on amounts. If any due and payable by us to Buyer whether in respect of any goods bought from Buyer or otherwise with an option in favour to apply said amounts or any amounts realized by us from resale of goods as aforesaid against outstanding’s.
- GUARANTEE: (a) All implied conditions and warranties are hereby excluded. (b) Test certificates furnished by suppliers. If any, will be accepted by buyers as final and conclusive evidence that goods covered by the certificate can fulfil such guarantee if any, given by suppliers. (c) Buyer will be entitled only to the benefits of guarantee if any given by suppliers of the goods sold and that directly against suppliers only. (d) Guarantee given, is subject to terms of payment being punctually complied with (e) Guarantee if any given by us/Suppliers does not in any case extend to consequential or indirect loss or damages.
- REMEDIES FOR BREACH OF CONTRACT: If Buyer does not pay our dues of any portion therefore within 7 days of demand (or when an extense of time for payment has been given in writing, on expiry of such time) or if Buyer cancels the contract or portion thereof or does not abide by any contract terms we will be entitled without prejudice to all our rights Including rights for damages (1) To rescind the contract either in is entirety or so far as any lot of the goods that may be undelivered and to treat the security deposit if any paid by Buyers as forfeited. (2) To resell the goods or any lot thereof abroad or in India at our option either by private contract or by public auction and to recover from Buyer the contract price and all other charges and (b) the reselling commission of 10% on amount realized on such resale. Buyer will not be entitled to profits, if any, on resale.
- AGENTS CONTRACTS: Where the Buyer is acting as agent for third parties whether disclosed or not. It shall be our option whether to hold them responsible on this contract and/or sue the Buyer or his principal or both. Where we are acting as agents for third parties. Whether resident abroad or not, or disclosed or omitted to be disclosed or whether the principals are disclosed can be sued or not, we ourselves shall not be bound by/or anything to the contrary stated in any correspondence relating thereto.
- JURISDICTION: This transaction will be governed by the laws of India. All Contracts with our company shall be deemed to have been made only in Mumbai and all amounts payable under or in connection with this contract shall be payable to us in Mumbai only. All disputes shall be subject to the exclusive jurisdiction of Courts in Mumbai.
- NOTICE: No e-mail or facsimile communications will be accepted as a legal Notice /legal claim served on the Company. Such communication must be served at the appropriate address only by registered post.
- FORCE MAJEURE: Neither party shall be liable for any failure or delay in its part in performance under this agreement if such failure or delay is due to force majeure conditions in whole or in part such as strikes, damages to the property direct or indirect acts, regulations or orders including restriction and other licenses imposed by the Government, wars, riots, fire, floods, earthquakes and other acts of God or of public enemies. The party affected by such majeure conditions shall forthwith notify the other party and the extent thereof and shall make best efforts to mitigate such condition. The performance under this agreement shall be suspended for the period" during which the force majeure conditions continue.
- ETHICAL CLAUSE: Acceptance/ execution of this order shall be deemed to be
(a) A confirmation by you that no benefit, either in cash or kind, has been provided by you to any officer or employee, or any relative / associate of any officer or employee, Of the. Company or of any of its associate companies, in order to secure this contract, and
(b) an undertaking by you not to provide any benefit, either in cash or kind, to any such officer/ employee / relative / associate as reward or consideration either for securing this contractor any other matter relating to this contract.