GENERAL TERMS AND CONDITIONS
All goods are to be supplied strictly in accordance with description / specification given, no deviation from the specification is permitted without prior agreement in writing.
Price quoted by you and accepted by us are final and no deviations there from will be accepted without our specific agreement in writing.
The time quoted for completion is the essence of the order. The order is liable for cancellation if delivery is not effected on specified date. If you fail to deliver the goods in full within the delivery date, the company will be entitled at its option either
a) Customer penalty clauses on schedule delays are subject to be transferred to on Products delivery schedule delays from your company.
b) Purchase from other sources without notice to you at your risk and account the part remained undelivered.
c) To cancel the order in full / part for the undelivered portion and to purchase or authorize purchase at risk and cost.
We reserve the right to inspect the goods of this order but such inspection does not relieve you of your responsibility for defects in material and/or workmanship and for delivery of goods in accordance with the specification given. Goods rejected must be removed by you at your own expenses from our premises within ten days from the date of inspection report sent by us. Rejected goods not collected as aforementioned would lie at your risk and cost for one month and theirs after these goods would be disposed by us. Supplies made for Raw Materials,Castings,Forgings etc., shall accompany with necessary test certificates by the approved agencies / Laboratories. Payments made for goods prior to inspection shall not constitute acceptance of goods.
RECEIPT OF DOCUMENTS :
In the case of late receipt of documents if any demurrage or other expenses to be incurred, these will have to be borne by you. In case original documents are routed through bank, a copy of the invoice giving full dispatch particulars should be sent directly to our Purchase / Administration Department.
Unless otherwise stated, prices to include all packing and forwarding charges, it is assumed that the packing cases are non-chargeable and non-returnable unless otherwise mutually agreed to in writing before executing the order.
CONTROL REGULATIONS :
The supply and dispatch should be arranged in strict Conformity with any control regulations applicable and after obtaining permits if any required under the regulation in force from time to time. We shall not be liable for any violations of control regulations on your part.
Income Tax / Sales Tax clearance certificates & other testimonials from or other authorities may be called by purchaser where ever necessary.
The seller shall at all times indemnify the purchase against all claims which may be made in all respects of the scores for infringement of any right protected by patent registration of designs and or Trademarks provide always that in the event of any claim in respect of the alleged infringement of the patent registered design or Trade mark being made against the purchaser, the purchaser shall notify the seller who shall at its own expense either settle any such dispute or conduct any litigation that may arise there from.
Force Majeure :
In the event of stoppage of our production due to strike or lockour or any Act of God or nature or any other unforeseen circumstances, we reserve the right to cancel or modify the purchase order without liability for any compensation or claim of any description.
Any difference or dispute arising out of the Purchase Order shall be subject to Jurisdiction of Coimbatore Courts for Coimbatore order and Pune Courts for Pune order only.
All drawings, tools and samples supplied by us for executing this order shall be our exclusive property and shall be returned to us immediately on completion of this order. All tools will be maintained by you. In the event of damage or loss you will make good the same. Under no circumstances you shall disclose to third parties the information contained in our drawings / specifications without prior consent in writing.
Unless and otherwise specified in all cases of dispute which cannot be settled by mutual negotiations, the matter shall be referred for Arbitration in accordance with the Arbitration and
conciliation Act, 1996. However work under the contract shall be continued by the supplier during Arbitration proceeding unless otherwise directed by the purchaser.
The liability of insurance till safe delivery at the specified destination upported by insurance certificate to be furnished before despath will be yours unless until agreed other wise by us in writing.