(herein after referred to as the Company)
1.1 The following Terms and Conditions of Sale shall be deemed incorporated in and shall form part of all contracts involving products and services (herein after referred to as “goods” )supplied by the Company.
1.2 Receipt of any order will be deemed to be acceptance by the buyer of these terms, notwithstanding anything that May be stated to the contrary in the buyer’s orders.
1.3 The following Terms and Conditions of Sale shall prevail despite any indication to the contrary by any person action or purporting to act on the Company’s behalf. Accordingly you must attain written confirmation of all variations (including all representations or understandings which may conflict with one or more conditions contained within these Terms and Condition of Sale).
2.1 Unless otherwise stated all prices quoted are exclusive of GST, insurance, freight and handling charges in addition to the quoted prices. The Company reserves the right to revise its prices at any time prior to accepting on order. Receipt of order by the Company from the customer does not constitute acceptance by the Company.
2.2 The prices quoted may be revised by the Company subsequent to accepting an order in the event of any occurrence affecting delivery caused by War, Government action, variation in Customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event the Customer shall have the right to withdraw its order.
3.1 Unless otherwise agreed in writing by the Company. Payment for goods supplied is to be made in accordance with the terms of trade agreed with the Customer at the time of application for credit and in accordance with any subsequent arrangements entered into and confirmed in writing by the Company
3.2 Payment for goods supplied on a “cash” basis is to be made before or at the time the goods are uplifted or dispatched.
3.3 The Customer shall not be entitled to withhold payment or to make any deduction from the contract price without the prior written consent of the Company.
3.4 Receipt of cheque, bill of exchange or other negotiable instrument by the Company shall not constitute payment and the Customer will remain liable for the full contract price until such cheque, bill of exchange or negotiable instrument is paid in full.
4.1 Goods are offered subject to availability and the company shall not be responsible or liable in any way to the buyer for delays or defaults or consequential loss or damage arising there from.
4.2 Delivery of goods shall be made to the place indicated in the order or if no place is indicated then delivery shall be made to the Customers place of business as per current details of this location held by the Company.
4.3 No claim for any discrepancy of shortage in the goods delivered will be admitted unless it is made in writing to the company within 48 hours of delivery.
In the event that a Customer cancels any order subsequent to despatch by the Company to the Customer (regardless of whether or not the order(s) has/have been delivered to the Customer) the Company will credit the Customer for the order value less the restock fee (as per clause 8) on return in saleable condition of the items ordered provided such returns are within 7 days of despatch. Freight charges will not be credited.
6.1 No goods will be accepted for credit after being despatched, If the Company agrees to accept the goods for credit, the Company will credit the Customer the invoice value less the restock fee, less freight charges, on return of the goods ordered in saleable condition.
6.2 No goods will be accepted for credit after 30 days from date of the invoice on which such goods are described.
6.3 Goods returned must be in as new condition in the manufacturers (or supplier’s) original containers, unsoiled and undamaged.
6.4 Goods returned must be accompanied by number and date of supplying invoice.
6.5 No goods will be accepted for credit where original packaging is not provided or any shrinkwrap packaging is broken or seals on disk packaging is broken or any part of goods originally supplied are missing.
6.6 Must not be a procured item.
The company will not accept responsibility for damage resulting from customer misuse, tampering, unauthorised modification, improper transportation or storage, or accident. The Company shall not be liable for incidental or consequential damages arising from the sale or use of goods supplied by the Company. Such damages include, but are not limited to, costs of removal and reinstallation of goods costs of testing, loss of goodwill, loss of profits, or loss of use.
The Customer may not assign all or any of its rights or obligations under the contract without the prior written consent of the Company.
Any dispute as to goods or services supplied by the Company will not be considered except if bought to the Company’s attention within (7) days of supply.
This contract shall in all respects be deemed to be a contract made in Jaipur and the constructions, validity and performance of the contract shall be governed by Jaipur law. The exclusive jurisdiction of the Jaipur counts to entertain all claims and actions arising out of the contract is accepted and acknowledged by the Customer provided however that the Company shall be entitled to commence any action arising out of or in respect of the contract in any court.
