Terms & Conditions
General Terms and Conditions of Sale:
1. SCOPE OF APPLICABILITY
1.1 These General Terms and Conditions of Sale (“GTCS”) apply to all sales of goods by us notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from you. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.
1.2 We reserve the right to change these GTCS at any time. We will give you thirty calendar days’ notice of any changes by posting notice on our website.
2. OFFERS, PURCHASE ORDERS AND ORDER CONFIRMATIONS
2.1 All offers made by us are open for acceptance within fifteen calendar days from the date of issue, unless otherwise specifically stated therein, and are subject to the availability of the goods offered.
2.2 All purchase orders issued by you shall specify as a minimum the type and quantity of goods requested, applicable unit prices, delivery place and requested delivery dates. No purchase order shall be binding on us unless and until confirmed by us in writing.
3. PRICES AND TERMS OF PAYMENT
3.1 The prices for goods shall be those set forth in our order confirmation. All prices are exclusive of taxes, impositions and other charges, including, but not limited to, sales, use, excise, value added and similar taxes or charges imposed by any government authority.
3.2 Unless expressly stated otherwise in our order confirmation, payment for goods shall be made without offset or deduction.
3.3 You must submit such financial information from time to time as may be reasonably requested by us for the establishment or continuation of payment terms. We may in our sole discretion at any time change agreed payment terms without notice by requiring payment cash in advance or cash on delivery, bank guarantee, letter of credit or otherwise.
3.4 If you fail to pay any invoice within seven calendar days of the due date of payment, we may suspend delivery of any purchase order or any remaining balance thereof until payment is made or terminate delivery of any purchase order or any remaining balance thereof by providing written notice of termination to you within seven calendar days of the expiration of the grace period. Further, we may charge you interest from the due date to the date of payment at the rate of 1 ½ % per month. This shall be in addition to, and not in limitation of, any other rights or remedies to which we are or may be entitled at law or in equity.
3.5 Title to goods delivered shall remain vested in us and shall not pass to you until the goods have been paid for in full. If you fail to pay any invoice within fourteen calendar days of the due date of payment, we may retake the goods covered by the invoice. You must insure all goods delivered to their full replacement value until title to the goods has passed to you.
4. TERMS OF DELIVERY AND LATE DELIVERY
4.1 Unless expressly stated otherwise in our order confirmation, all deliveries of goods shall be in accordance with our terms and condition laid down in GTCS. The risk of loss of or damage to goods shall pass to you in accordance with the agreed delivery term.
4.2 We reserve the right to make delivery in instalments wherein it is required.
5. ACCEPTANCE OF GOODS
5.1 You must inspect goods delivered upon receipt. You are deemed to have accepted goods delivered unless written notice of rejection specifying the reasons for rejection is received by us within three calendar days after delivery of the goods.
6. PACKAGING & LOADING:
6.1 The charges for the Packaging and Loading will be extra.
7. TRANSPORTATION & GST:
7.1 The Transportation Charges will be Extra and the Buyer's may arrange the transit insurance if they need.
7.2 GST Charges Will be Extra*
8.UNLOADING SITE:
8.1 To be arranged by customer at site.
9. DELIVERY SCHEDULE:
9.1 As per the availability of parts and the delivery may range from 30 to 90 days from confirmed order if customer makes time to time payment as per our payment terms. Delivery can be delay from the given time if affected under the Force Majeure Clause under the GTCS.
10. PAYMENT TERMS:
10.1 40% advance along with your confirmed order / 15% within20days / 25% within 30days&balance 15days before dispatched of the machine.
11. WARRANTY
11.1 We warrant that upon delivery 1 Years limited only parts warranty from the date of delivery at site, Repairs ,installations& removal of the appliance shall be carried out only by an Authorized service personnel, failing which this warranty will be void. From the date of delivery goods purchased hereunder will conform in all material respects to the applicable manufacturer’s specifications for such goods and will be free from material defects in workmanship, material and design under normal use. The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident or abuse by anyone other than us.
11.2 The warranty does not cover consumables, normal wear& tear parts, plastic, all electricals items, heaters, glass and/ or rubber parts, all bearings, non-operational parts and related accessories.
11.3 With respect to goods which do not conform to the warranty our liability is limited, at our election, to (i) refund of the purchase price for such goods less a reasonable amount for usage, (ii) repair of such goods, or (iii) replacement of such goods; provided, however, that such goods must be returned to us, along with acceptable evidence of purchase, within fourteen calendar days after you discovered the lack of conformity or ought to have discovered it.
11.4 We make no other warranty, express or implied, with respect to goods delivered hereunder, and the warranty constitutes our sole obligation in respect of any lack of conformity of goods delivered hereunder (except title). In particular, we make no warranty with respect to the merchantability of goods delivered or their suitability or fitness for any particular purpose.
11.5 The warranty of the product will be rendered null and void without notice, if any payment due more than 10 days (or) the product is physically damaged and modified, repaired, maintained, disassembled and /or by a party not authorized by company Warranty Covered products should change or repair at free of cost at company premises only.
12. LIMITATION OF LIABILITY
12.1 Neither of us will be entitled to, and neither of us shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation costs, reprocurement costs, loss of data, injury to reputation or loss of customers. Your recovery from us for any claim shall not exceed the purchase price for the goods giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.
12.2 We shall not be liable for any claims based on our compliance with your designs, specifications or instructions or repair, modification or alteration of any goods by parties other than us or use in combination with other goods.
13. FORCE MAJEURE
13.1 Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labour disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.
14. SAFETY
14.1 By purchasing any product from us, you acknowledge that you have read and understood our Safety Guidelines.
15. LOSSES
15.1We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
16. ALTERATION OR AMENDMENTS TO THE CONDITIONS
16.1We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
17. EVENTS BEYOND OUR REASONABLE CONTROL
17.1We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
18. WAIVER
18.1If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
19. GOVERNING LAW AND JURISDICTION
19.1 These conditions are governed by and construed in accordance with the laws of India, and the application of any other law is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.
20. DISPUTES:
20.1 That in case of any dispute between the firm and any individual , firm,company, corporation, public undertaking, government or semi- government department, local-body, the same may be referred for arbitration to an arbitrator or panel of arbitrators for arbitration subject to and in accordance with the provisions of Arbitration and Conciliation Act, 1996.
20.2 All disputes arising in connection with this Invoice shall be referred to courts in Kolkata, India and the parties shall submit to the exclusive jurisdiction of the courts in Kolkata.
21 ERECTION:
21.1 TA & DA to our technical persons during Installations after sales will be charged Extra per visit / Any insurance, handling, transportation, delivery and other incidental charge in respect of the servicing of the parts/ Equipment shall be borne by the purchaser.
22 TRAINING & OPERATION:
22.1 We always welcome our customer for 10 to 20 days training at our factory Tamil Nadu.
22.2 Fully automatic paper cup machine needs highly skilled manpower to operate the machine. Customers must appoint the well-trained technical person to run the machine. In case of any defect in products and machine caused due to the operation by any new person or unskilled labour, the onus will be on the customer and the company will not be held liable for the same.
23. DECLARATION:
23.1 Paper cup machine is commercial machinery and customized machine, so we manufacturing the machine as per customer requirement, due to such reason, once machine is sold it will not be taken back or exchanged and advance payment will not be refunded at any circumstance. Due to raw material price instability, the advance payment valid up to 6 months only, after that the machine price revised or advance forfeited.
24. MISCELLANEOUS
24.1 Our Company always deal with bank transactions only and cash will not be accepted.
24.2 We always welcome our customer to inspect the machine before dispatch at our factory.
24.3Oil replacement in gear box must do on every 2 months and update to us. Similarly, items which are expected to wear as a part of their normal function such as chains, bearing & movable parts are also excluded, unless there is a manufacturing defect.
24.4 This industrial machinery needs trained manpower for production and also this business needs marketing, sales, inventory,production, maintenance & financial management so it’s purely commercial business & company is not responsible for any profit or loss.
24.5 No waiver of any provision of these GTCS shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of these GTCS shall not constitute a waiver of such provision or any other provision(s) of these GTCS.
24.6 Should any provision of these GTCS be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the parties and enforced as modified. All other terms and conditions of these GTCS shall remain in full force and effect and shall be construed in accordance with the modified provision.
24.7 These GTCS and all contracts of sale entered into between us shall be governed by and construed in accordance with the laws of India without giving effect to any choice of law or conflict of law provisions. Any suits, actions or proceedings that may be instituted by either of us against the other shall be instituted exclusively before the competent courts of Kolkata, however, without prejudice to our right to bring suits, actions or proceedings in any other court which would have jurisdiction if this provision had not been incorporated into these GTCS.