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General Conditions of Sale & Delivery

Introduction

The present general conditions of sale & delivery are the basic conditions of the supplier for all deals. They form an integral part of all offers and contracts. By adjudicating an order to the supplier, the purchaser accepts these conditions once for all.

Orders

Are legally binding for the purchaser as from the date they are confirmed by the supplier and cannot be cannot be cancelled partly or wholly whatsoever the reason may be without the consent of the supplier.

Prices

While every effort is made to adhere to the contractprice, the supplier cannot guarantee to observe them due to inflated condition. The prices offered are based on the prevailing costs of raw materials, bought out component & wages etc.In case a variation in price occurs between the date of contact and the time of delivery, the ex works price ruling at the time of delivery will be applicable.

Taxes & Duties

The prevailing rates of Govt. taxes & duties are mentioned in this document. Any change in taxes & duties shall be applicable to the purchaser only .The purchaser who is entitled for concessional taxes/ duties must send the relevant documents along with the order failing which full rate of taxes & duties shall be Charged.

Payment terms

A) 40% of the value of goods in advance & balance including taxes, duties & other charges (if any) is payable against the Proforma invoice which will be sent to the purchaser at the time of readiness of goods for delivery. In case the payment against the Proforma invoice is not made within 15 days, of the date of Proforma invoice, A charge is made for storage, insurance & interest @1% of the invoice value per week commencing 15 days from the date of Proforma invoice, or the goods are diverted & a fresh delivery schedule is given. The prices ruling at the time of delivery shall be applicable which will be binding on the purchaser. In case the purchaser again fails to make the payment with in 15 days of Proforma invoice, the order shall be cancelled &the advance amount forfeited.
B) For outstanding purchaser 40% of the value of goods in advance & balance including taxes, duties & other charges (if any) can be negotiated through bank the purchaser must mention the name & address of his banker in his order failing which the delivery period will not commence. The supplier shall hold the documents in purchaser's bank for a maximum period of 15 days without interest & a further period 15 days with interest at the prevailing bank rate to enable the purchaser to retire the documents. If the purchaser fails to retire the documents within the period stipulated above, the supplier shall withdraw the documents as well as the goods & forfeit the advance amount.

Delivery

Indicated delivery times are for delivery ex-works and they always to be considered as approximately only and non-binding. No guarantee for their observance can be given.
The time of delivery beings of the earliest with the dispatch of confirmation of order, but in no case before realization of advance amount or clarification of all technical and commercial details and the accomplishment of all official formalities and permits, and not before the purchaser has complied with all his obligations, especially as far as payment of the goods is concerned.

Advances

The advance payments made against an order shall not be subject to any interest. The supplier has the right to adjust against such advances any payments, which might become due because of delay in lifting the ordered materials or because of any incidental expenses, the suppler may incur on purchaser's behalf. The advance shall be forfeited in case the supplier accepts request for cancellation.

Inspection

All the equipment, components, spares are thoroughly tested before dispatch & are supported by shop test certificates, in case the purchase is still interested in an inspection, the material can be offered for visual inspection only at supplier's premises, regarding inspection the purchaser shall specifically mention in his order failing which the materials will be straight away dispatched. Thesupplier will intimate the date of inspection in advance. In case, the inspection is not carried out by the purchase on the advised date & time, the supplier shall be free to dispatch the consignment as per terms of delivery. The time consumed for inspection has to be excluded from the delivery period.

Mode of Dispatch

All deliveries are ex – works Tikri, Delhi -110041 India. The goods may be dispatched in one or separate lots at supplier's option. In case, the goods have to be dispatched on purchaser's behalf, the same will be arranged by the supplier on freight. To pay basis with clear understanding that no liability is attached to the supplier. The fright chargers contracted by the supplier will be final & binding on the purchaser. The freight, Transit Insurance, octroi or any other charges connected with transportation &handling of goods have to be borne by the purchaser. In case, the supplier arranges the transit insurance the same shall be charged @1% of invoice value from the purchaser. The Parking for dispatch, whenever necessary will be in accordance with the standard practice of the supplier.

Force Majeure

Unforeseen events which are beyond the will, power and influence of the supplier such as war, invasion, civil disobedience, government restrictions or orders, strikers, lockouts, riots, fire, earthquake, floods, accidents, delay or non availability of raw materials, wagons, shipping space or any other cause, release the supplier automatically from indicated delivery times, no matter whether these events occur at the supplier's own enterprise or at those of his sub- supplier's. Disturbances of all kinds in the manufacture and the auxiliary service as well as all internal necessities of the supplier's or sub-supplier's enterprise are also considered of forming a part of the events described under the present article. Resignation of contract by the purchaser and clams of the purchaser for indemnities out any legal argument, especially for late delivery, whatever the reason for the delay may be are strictly excluded.

Documentation

All indications made in catalogues, prospectuses, advertisements, descriptions, drawings, pictures, quotations and other documentations are always tot be considered as being approximately. Drawings and technical documents of all kinds, which have been remitted by the supplier before or after the conclusion of the contract remain the property and in the copyright of the supplier. They must only be used for the proper purpose of the purchase and they shall under not form and pretext whatsoever be made available to third parties. In case of non-conclusion or resignation of the contract all the documentations and drawings have to be returned to the supplier.

General lien

The supplier is entitled to general lien on goods in its possession or dispatched, for all payments due the purchaser, both under this contract or any other account. The supplier is also entitled to apply any money in its hands under any other contract due to him, or any other contract or contracts.

Warranty

All the equipment/materials are thoroughly inspected/tested before dispatch and therefore can be depended upon for trouble free service for along time.
For delivered equipment/materials the supplier assumes a warranty of one year if the goods are normal service. The warranty period starts from the date of the supplier's invoice.
During this period all such parts of the mechanical out fit which become defectious because of faulty material and therefore disturb the operation are repaired or replaced(In the choice of the supplier) free of charge. The parts, in respect of which the claim is made, have to be sent to the supplier's works at purchaser's expense, which will be refunded if the supplier's liability is admitted. The glass parts, rubber components, electrical components & other parts of wear & tear nature are not covered under this warrant. The warranty is valid subject to:

A) The equipment being installed as per the installation instructions given by the supplier.
B) The equipment or part thereof not being accidented, altered abused or misused.
C) The installation being completed within 3 month of dispatch of equipment.
D) Supply of clean lubricants, oil, grease & preservatives, as per is specifications.
E) The equipment being operated according to operation instructions given by the supplier.

In case, the purchaser complains of non- performance of supplied equipment/material, which is subsequently attended by our engineer/technician,the same is chargeable in case supplier's liability is not admitted.

Jurisdiction

All contracts between purchaser & supplier are subject to the jurisdiction courts of Delhi/ New Delhi only.

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Stefab India Limited.