Terms of Sale:

GENERAL TERMS OF SALE

 

1. In these terms (" The Terms") the following words have the following meanings:

" The Seller “ Dirk India Private Ltd, whose registered office is at Plot No.10 Chinmaya Bungalow, Getanjali Colony, Indira Nagar, Mumbai-Agra Road, Nashik 422009, Maharashtra State, India

" The Buyer" The person who agrees to buy the goods from the seller under any agreement to which these terms apply and to whom any invoice is made out.

" The Goods” The Goods which the Buyer agrees to buy from the seller.

" Payment “ Payment in respect of Goods is deemed to have been made when the Seller thereof receives the price whether by cash or bankers draft drawn by the Seller or by a cleared cheque.

 

2. These terms apply to every agreement between the Buyer and the Seller.

3. The sale covered in this bill is subject to Nashik Jurisdiction.

4. All prices are ex-works loaded on the trucks duly packed. Transportation, Octroi, all applicable taxes duties and levies will be extra unless otherwise mentioned in the Order Acknowledgement.

5. Seller’s responsibility ceases when the goods are handed over to the carrier.

6. Payment for this bill must be effected on the due date, otherwise interest @2% above the Bank Rate will be charged after due date on all unpaid bills.

7. Any intimation of rejection will have to be notified to us in writing within 3 days of receipt of the material. Intimation of rejection after that will not be entertained.

8. The contract shall be between the buyer and the seller as principal dealing with the principal.

 

OFFER

 

9. The seller sells quantity mentioned in the quotation as ex-stock are subject to prior sale and before receipt of acceptance from the buyer such stock, the seller shall not be liable in any way for non-supply.

10. An Order is confirmed by the seller by a written acknowledgement of the order or by delivery. If the buyer wishes to make objection to the sale order acknowledgement he shall do so within 15 days of the date of the Order Acknowledgement, failing which the Buyer shall deemed to have accepted the terms and conditions of the Order Acknowledgement. Any change in the order made by the buyer is binging only if confirmed in writing by the seller.

11. If an order or order acknowledgement has been made in writing, the terms and conditions not made in the said documents are binding if the seller has confirmed them.

 

DELIVERY, COMPLAINT AND INSURANCE

 

12. Delivery

i. Delivery of the Goods from the Seller to the Buyer shall be deemed to have taken place on the happening of the earliest following events:

a) The day after the sending by the Seller to the Buyer of the invoice.

b) The releasing of the Goods by the Seller from its factory or depot into the custody care or control of any 3rd party.

c) The collection by the Buyer or its servant or agent of the Goods.

ii. Any dates quoted by the Company for the delivery of the Goods are approximately only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of the Company no regard has been paid to any quoted delivery dates. If the customer fails to take delivery of the Goods or any part of them on The due date and fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on the due date, the Company shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then risk in the Goods shall pass to the Customer 2 (two) working days after posting of written notice or on the day of transmission of Facsimile notice, delivery shall be deemed to have taken place and the Customer shall pay to the Company all costs and expenses including storage and insurance charges arising from its failure. The Company shall not be liable for any penalty loss injury or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.

13. Unless otherwise agreed in writing the seller shall have the right to over or under deliver to the extent permitted by the trade practice and failing which the trade practice plus/minus 10 percent.

14. The delivery period indicated in the quotation will commence from the date of receipt of the buyer’s order and all clarifications, if any.

15. In the events that the Goods are not collected by the Buyer or its Agent within the period allowed by the carrier, the Buyer shall be entitled to elect whether to sell the Goods to another purchaser and or to charge the Buyer in respect of all the expenses incurred in respect of demurrages, storages and any municipal taxes paid in respect of the consignment.

 

16. All orders are booked subject to the distinct understanding between the parties that if any particular Grade or Grades should be out of stock or cannot be made available within a reasonable time, the seller shall be entitled to execute the contract in part supplying such of the Grade of the order as may be ready in stock and thereafter supply the remaining quantity either piecemeal or in one lot as soon as conveniently possible to the seller.

 

 

 

17. Should any delay in shipment or the delivery due to occurrence beyond the control of the seller such as, but not limited to non-availability or insufficient supply of raw material, storms, fire tempest, frost, flood, draught, strike, lockout, accident, whether such strike, lockout or accident shall beat the place of manufacture or warehouse of the seller or sellers suppliers or of the transporting agency, disorganisation of labour on account of epidemic, Government decree, Official import / export restriction, the imminence of or the existence of the sate of emergency or war [whether India is belligerent or not, the imposition of sanction and / or the taking by any Government of measures endear the government of United Nations Organisation or otherwise, which delays or renders it impossible or impracticable or unsafe for the seller or his suppliers to fulfil their obligations and the like or any other cause of whatsoever nature beyond the control of the seller or seller’s supplier , the Buyer agrees to take the goods with extension or extensions, if there are more than one, required by the circumstances as the case may be without any liability for damages on the part of the seller whatsoever, provided that such extensions shall not exceed 10 calendar months. Such delay may be proved by a certificate from the seller’s Chief Executive the time being and such certificate shall certify the cause of the delay and shall be conclusive as to the cause of the delay and shall be accepted by and be binding upon the buyer for all the purposes of this contract. Should a larger extensions that six calendar months be required for reasons of delay caused by any one of the above mentioned circumstances than the seller shall have the option of cancelling the contract in so far as it concerns goods delivery of which is likely to be delayed and in that event there shall be no liability on the part of the seller for damages or compensation on account of such cancellation.

18. The seller shall not be liable for damages direct or consequential for any delay in delivery whether time of delivery is the essence of the contract or not. In no case the buyer as the right to with-hold payment on the due date or on the agreed date or dates for payment on account of such delay in delivery and in no case shall delay in delivery give a ground for rejecting the goods.

19. Upon receipt of the material by the buyer he shall inspect the same thoroughly in such a manner as is customary and appropriate. The buyer shall notify the seller in writing of the defects within 3 working days of receipt of the material. If not, the material is deemed to have been accepted by the buyer.

20. If the seller has been duly notified of any defects in the material and it is proved that the defects existed at the time of delivery, then the seller shall replace the consignment or if the material is returned back shall pay for the transportation cost to and fro.

21. Unless otherwise specified the goods are to be insured by the buyer for destination.

22. The Buyer shall

a. Weigh the material in the presence of the carrier and check the weight mentioned in the challans / Railway receipt / consignment Note / Lorry Way Bill and obtain certificate from the carrier for the difference in weight. The weight of the material so weighed shall be subject to the tolerance up to 2% as scale difference. The buyer shall make no deduction for this difference from the bills of the seller if the weight difference is within this tolerance limit.

b. In case of shortage or damage, lodge a claim with the carrier under registered acknowledgement due for the full value of the goods lost / damaged within such time as ay be provided by the contract of carriage or the law for the time being in force.

 

PRICES TAXES AND LEVIES

 

23. Prices include packing, loading to trucks at the factory / godown but excludes excise / customs duty, Sales Tax, Octroi and other levies which are charged as applicable at the time of despatch.

24. Any increase in the taxes, duties and levies to be borne by the buyer imposed by the Central / State Government or any local or municipal authority as may be applicable at the time of delivery will be to the account of the buyer in addition to the price quoted.

25. Credit Terms:

i. The goods are normally sold on terms that payment is made before delivery thereof.

ii. Credit may be afforded by the Seller at is absolute discretion. If credit is afforded to the Buyer the Goods will be supplied on the terms that payment therefore is made by the Buyer within 14 days of rendering of an invoice therefore by the Seller. In the event of late payment of any invoice the Seller may cancel the credit facility and thereupon all balances due from the Buyer then outstanding will become due and payable.

iii. The Seller reserves an absolute right to cancel the credit facility at its discretion. In the event of such cancellation the credit facility will cease to apply to all subsequent transactions between the parties and payment in respect of any subsequent transaction between the parties and payment in respect of any subsequent transaction will be due prior to delivery.

 

 

 

26. Payment by the stipulated date shall be the essence of the contract. If the buyer has any dispute with regard to the goods or part of the goods delivered he shall not withstanding such dispute pay the price of the goods so delivered to the seller by the stipulated date. In the event of failure on the part of the buyer, the seller shall have no option to withhold further deliveries till the payment is received by the seller for the goods already delivered or to cancel the contract with respect to balance quantity. The seller shall however have the right to claim interest on the unpaid amount from the date on which the goods are delivered till the payment is realised by the seller’s bankers.

27. When the payment is to be made confirmed, irrevocable and without recourse Letter of Credit established by the buyer and when there is any delay in shipment owing to the causes enumerated in clause 13, the buyer shall extend the validity of the letter of credit for such time as the seller may require.

 

 

28. The seller shall be at liberty to deduct from any monies payable by the seller to the buyer whether such monies are payable under the same or different contracts, whether or not the buyer disputes the seller’s claim in respect of such monies.

29. If the buyer should suspend payment or commit any act of insolvency the buyer shall be deemed to have refused to perform his contract and the seller in that event be at liberty by notice in writing to cancel the contract at any time thereafter and shall be entitled to compensation by way of damages for non-fulfilment of the contract.

30. No variation of the Terms shall be agreed unless such variation is reduced to writing and signed by a director of the seller.

 

OTHER CONDTIONS

 

31. In the Sellers printed literature technical data and other specifications are in accordance with the seller’s standards.

32. The seller shall not be responsible for any stipulations regarding this contact that may prove contrary to any Acts or legislation in force in India for the time being.

33. Any notice or other documents to be served on the buyer by the seller shall be deemed to be validly served if sent by ordinary prepaid post to the address of the buyer stated in the order

34. No legal proceedings shall be taken to force any claim or suit arising out of any contract, shall be instituted except in court of competent jurisdiction located within the Corporation limits of Nashik City. And in no other court.