Cambro Nilkamal Private Limited – TERMS AND CONDITIONS OF SALE OF GOODS / SERVICES
1. Definitions:
1.1 ‘Buyer’ means a person firm, or entity named as Buyer/customer in the invoice.
1.2 ‘Conditions’ means the terms and conditions of sale mentioned in this invoice or any other documents for the supply of the Goods or in quotations, offered in writing.
1.3 ‘Delivery’ means voluntary transfer of possession of Goods (whether actual or constructive) from the Seller to the Buyer or its nominated agent, at Delivery Point.
1.4 ‘Delivery Point’ means unless otherwise agreed in writing between the Seller and Buyer the factory, warehouse or any other place of Storage of the seller.
1.5 ‘Due Date’ means the date on which the payment shall become due in terms of understanding between the Parties.
1.6 ‘Goods/Service’ means the goods/services described in this invoice.
1.7 ‘Seller/Service Provider’ means ‘Cambro Nilkamal Private Limited ‘.
2. Terms and Conditions of Supply:
Unless otherwise agreed upon in writing, Supply of the Goods/Services shall be governed by the following conditions :
2.1 Consignment note of the carriers shall construe proof of Delivery.
2.2 Title and Risk to Goods shall pass on to the Buyer upon Delivery at Delivery Point.
2.3 Acceptance of the Delivery by Buyer shall imply unconditional acceptance of these conditions.
2.4 The Seller shall not be responsible for delay in dispatch of the goods/providing services on account of any reason whatsoever unless otherwise confirmed by the authorised officer of the seller in writing.
2.5 The seller/service provider shall not be liable to the original purchaser or any third party for incidental, indirect, consequential or special damages including and without limitation, damages arising out of or resulting in any malfunctions, delays, loss of profit, interruptions of business, death, dismemberment, or personal or physical injury.
3. Acceptance of the Goods:
3.1 The Buyer shall be deemed to have accepted Goods on Delivery and shall not reject the goods thereafter. It shall be the duty of the Buyer to inform the Seller about the defects in the delivered Goods within three days from the Delivery, failing which the Seller shall be discharged from all liabilities related to supply of the Goods.
4. Payment of Invoice:
4.1 The entire invoice amount shall be paid on or before the Due Date.
4.2 The Buyer shall pay the Seller by means of Cheques/Demand Drafts/Pay Orders or by electronic transfer of funds.
4.3 The Buyer shall be liable to pay interest at a rate of 21% per annum from the due date for delayed payment of invoices.
4.4 If the Buyer fails to pay invoice value on due date, then, in addition to charging interest for delayed payment and following other legal recourses, the Seller shall be entitled: i) not to entertain any complaints related to supply of such goods/services; ii) not to accept any further order for supply of Goods; iii) to cancel or suspend any pending orders; and iv) to adjust any amount pending with Seller towards the outstanding.
5. Jurisdiction:
5.1 Goods/Services supplied under Seller’s invoice shall be governed and interpreted in accordance with the laws of India.
5.2 All disputes arising out of this contract shall be subject to the jurisdiction of the courts in Mumbai, Maharashtra.
