TERMS & CONDITIONS OF QUOTATION AND SALES
The terms and conditions herein and on all quotations and sales herein and on accompanying papers, if any, signed/ sent by Tech Tubes & Fittings (henceforth known as Seller) constitute the entire agreement between purchaser (hence forth also known as buyer) and seller and any offer by the seller is expressly limited to such terms and conditions. Additionally, acceptance by seller of any offer made by purchaser is expressly made conditional on assent to these terms and conditions.
1. Quotations. Quotations and prices are for the periods of time specifically stated in a written quotation and in all cases are subject to prior sale of the described goods. If no time is stated, then quotations and prices are subject to change without notice. Orders based on a quotation are not binding on the Seller until accepted in writing by an authorized officer from our Mumbai office.
2. Contingencies. Contracts and shipments are subject to strikes, acts of Nature, accidents, machinery breakdown, delays of carriers or suppliers, governmental acts, or any other cause, similar or dissimilar, beyond Seller´s reasonable control. Seller may, during period of shortage however caused and without liability, prorate its goods among its customers in such manner as Seller may deem fair and practicable.
3. Claims and Returns. Claims by Purchaser must be made promptly upon delivery of shipments (which shall be deemed the invoice date) and Seller given an opportunity to investigate. All claims are deemed waived and Purchaser accepts such goods if objection is not made in writing within seven days after delivery. Written authorization must be obtained by Purchaser from Seller before Seller can accept returned goods. The goods can be returned only if there are any manufacturing defects or the material does not suffice the specifications provided by clients. A detailed report regarding the defects / non-conformance to standards / or issues with the material is to be submitted along with the returns.
4. Specifications. The goods to be sold hereunder are subject to standard manufacturing variations and tolerances as per which the goods are manufactured (ASME, DIN, JIS etc.). or as per specifications if non-standard as demanded by the client in their Purchase Order.
5. Validity. The validity of the Quotation is only as indicated in the Quote. Validity is to be considered including the date of Quotation.
6. Delivery. The delivery of the material mentioned in days, weeks or months shall consist only of working days. Holidays and force majeure conditions will not be included in the delivery period. If the Order is placed after the expiry of the Quotation the delivery period may change. Here, delivery either means delivery from our Warehouse or delivery to the Transport / Shipping Agent. If the payment is requested in Advance, Along the Purchase Order or with the Proforma Invoice the payment is to be made immediately. The delivery period will be considered only from the date of receipt of payment in our NOSTRO account/ bank account. Our liability ceases with the dispatch / handing over the material to the Transporter. Seller is not liable to any claims if made after delivery of goods.
7. Payment
The SWIFT copy will not be accepted as a proof of payment since it lack details. MT103 will act as a proof payment if verified by the bank. Seller is not bound to start the manufacturing process or dispatch process prior to receipt of payment in their Bank Account.
8. Liquidated Damages / Penalty / Debit Notes
Any claims of Liquidated Damages due to delay in delivery, any sort of penalties or debit notes will not be accepted for reason whatsoever due to delay in delivery. We are not liable to pay any charges to the buyer due to any losses incurred by them due to any reason whatsoever. The buyer’s liability cannot be transferred to Seller.
9. Jurisdiction
Mumbai Jurisdiction is applicable in case of any disputes.
10. Insurance
Insurance is not under the scope of seller. The seller is not liable to any losses incurred due to loss/ theft/ pilferage of material after delivery (FOB, C&F, CIF whatever is applicable) If the buyer wishes that the seller should insure the material, the buyer should notify the seller prior to dispatch of material. Any cost incurred will be charged to the buyer.
11. Interest
Seller reserves the right, notwithstanding any other provision hereof, before or after making any delivery to require payment in Electronic Mode/ Cash/Demand Draft/ Pay Order or to require security for payment. All due amounts shall bear interest from and after due date at the rate of 36% per annum.
All terms and conditions, specification and other details in the Purchase Order should be mentioned in English or Hindi. Any matter mentioned in any other language will not be considered to be a part of the contract/ sale / valid document We are not liable for any issues arising out of the same.