GENERAL TERMS AND CONDITIONS OF SALE
1. In these conditions the following words shall have the meanings shown
a) The Company means Wuerth India Pvt. Ltd. or one of its associated or subsidiary companies as the case may be.
b) The Buyer means any person, firm, or company purchasing the Goods.
c) Goods mean any products or items purchased by the Buyer from the Company and/ or products, item or services supplied by the Company to the Buyer.
d) The contract means the agreement between the Company and the Buyer for the purchase from the Company by the Buyer of Goods.
e) Contract includes all agreements between the Company and the Buyer for the purchase of Goods from the Company by the Buyer.
2. These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods and together with any special conditions appearing on the face of the Company's invoice or in the Company's quotation shall be the sole conditions under which the sale takes place. In the case of any inconsistency with any order, letter or form of contract sent by the buyer to the Company or any other communication between the Buyer and the Company whatever may be their respective dates, the provisions of these conditions shall prevail unless expressly varied in writing and signed by a Director on behalf of the Company. Any concession made or latitude allowed by the Company to the Buyer shall not affect the strict rights of the Company under the Contracts. If, in any particular case, any of these conditions shall be held to be invalid or shall not apply to the Contract, the other conditions shall continue in full force and effect.
3. Statement, description, information, warranty condition or recommendation contained in any catalogue, price list, advertisement or any communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these conditions unless otherwise provided herein.
Any dispute relating to or arising out of sale of goods or touching the quotation, price or non payment of price, or concerning the interpretation and validity of these conditions including any other conditions attached to the sale hereof, shall be referred to and decided by arbitration in according with the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai and subject to the jurisdiction of the courts of Mumbai.
C. WARRANTY AND LIMITATION OF LIABILITY FOR GOODS
1. All goods are sold with the benefit and subject to the conditions of the warranty supplied with them, which is available for inspection on request.
2. Nothing herein or in any warranty given by the Company shall impose any liability upon the Company in respect of any defect in the Goods arising out of the acts, omissions, commissions, negligence or default of the Buyer, its employees, servant, and / or agents including in particular but without prejudice to the generally of the foregoing any failure by the buyer to comply with any recommendations of the Company as to storage and handing or use or servicing of the Goods, use of the Goods, with other Goods which are unsuitable for the Buyers purpose, or other misuse of the Goods or accident or fair wear and tear of the Goods.
3. All implied conditions and warranties are hereby excluded.
4. Test certificates furnished by the Company if any, shall be accepted by the Buyer as final and conclusive evidence. The Goods covered by the certificate conform to the warranty if any given by the Company.
D. CONSEQUENTIAL LOSS
The company shall not be liable for any indirect or consequential losses (including, but not limited to loss of profit or other economic loss), costs, claims, liabilities or expenses of any nature whatsoever whether arising out of any tortuous act or omission or of any breach of Contract or statutory duty or duty of care or any, misrepresentation or of any other cause, and whether known to the Company and calculated by reference to profits, income, production or accruals or loss of such profit, income production or accruals or by reference to accruals of such costs, loss or damage on a time basis or otherwise.
E. FORCE MAJEURE
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery though any circumstance beyond its control including but not limited to strikes, lockouts, accident, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply.
F. BUYER'S RESPONSIBILITY
The selection of products suitable for the Buyer's purposes depends on a range of factors. These factors include but are not limited to on-site conditions and other circumstances of the proposed applications of the product known only to the Buyer. The Buyer is solely responsible for satisfying himself that the data supplied to the Company on which information or recommendation made by the Company are based is correct and that any assumptions made by the Company to supplement that data are suitable for the Buyer's purposes. The Company accepts no responsibility of any nature whatsoever for information or advice it supplies or where any data supplied by the Buyer is incorrect or where any assumption, which the Company has made, is unsuitable for the Buyer’s purposes. After consumption of chemical products, it is responsibility of buyer to the dispose-off empty metal CAN in proper environmental friendly manner, for any issue arising to environment due to empty CAN thrown in open company does not carry any liability towards any legal impact.
1. The price payable for Goods shall unless otherwise stated by the Company in writing and agreed on its behalf be the trade price list of the Company current at the date of dispatch and in the case on order for delivery by installments the price payable for each installment shall be the list price of the Company current at the date of dispatch of such installment unless the price is otherwise expressly stated to be firm for a fixed period.
2. Unless otherwise expressly stated to be firm for a fixed period the Company's prices are subject to variation to take account of variations in wages, materials, or other cross/ imposts since the date of the order. The Company accordingly reserves the right to adjust the invoice price by the amount of any increase or decrease in such cost after the price is quoted and invoice so adjusted shall be payable as if it were the original Contract price.
3. All prices are exclusive of sales taxes and other local levies (by whatever name called) and these will be charged extra at the appropriate rates prevailing as on the date of invoice.
4. Any payment made as an advance or security deposit will be accepted by the Company only without liability to pay any interest thereon. Such advance or security deposit, in case the Buyer cancels the Contract or any part thereof or does not abide by any contract terms the amounts, lying with the Company are liable to be set off against the losses that may be suffered by the Company as a result thereof.
H. ADDITIONAL COSTS
The Buyer agrees to pay for any loss or extra costs incurred by the Company through the Buyer’s instruction or lack of instruction or through failures or delay in taking delivery or through any act or default on the part of the Buyer, its employees, servants, and/ or agents.
I. PASSING OF TITLE AND RISK
1. From the date of dispatch to the Buyer the Goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance.
2. Pending payments of the full purchase price of Goods the Buyer shall at all times keep the Goods comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business for which the Goods are for the time being used in an amount at least equal to the balance of the price for the same from time to time remaining outstanding. The policy shall bear an endorsement recording the Company's interest and shall be produced to the Company on request.
1. The period for delivery shall be the period within which the Goods are intended to be dispatched from the Company's premises and shall be calculated from date of receipt of the Company of the Buyer's order or from receipt of all necessary information to enable the Company to manufacture or procure the Goods whichever shall be later and the Buyer's shall take delivery of the Goods within that period. If no period is given then delivery will be such time after receipt of instructions as the company thinks reasonable.
2. All times or dates given for delivery of the Goods are given in good faith but without any responsibility on the part of the Company. Time of delivery shall not be of the essence of any Contact nor shall the Company be under any liability for any delay beyond the Company's control.
3. Where the Goods are handed over to a carrier for carriage to Buyer any such carrier shall be deemed to be an agent of the Company and not of the Buyer for the purposes of Sales of Goods Act, 1930 and any amendments thereof.
4. No liability for non-delivery, loss or damage to the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with the Contract will attached to the Company unless claims to that effect are notified in writing by the Buyer to the Company within 7 workings days of delivery in case of partial loss or damage of Goods in Transit or delivery.
5. In the event of valid claim for non-delivery or non-compliance with the Contract the Company undertakes, at its option, either to reprocess or replaces the Goods at its expense but shall not be under any further or other liability to any person in connection with such non-delivery, loss, damage or non-compliance.
6. If for any reason the Buyer is unable to accept delivery of Goods at the time when the Goods are due and ready for delivery the Company may, at its sole discretion, without prejudice to its other rights store the Goods at the risk of the Buyer and take all reasonable steps to safeguard and insure them at the cost of the Buyer provided that the Buyer shall be immediately informed thereof.
7. The Company shall have the right to make delivery by installment of such quantities and at such intervals as it may decide, and any express provision as to installment in the Contract shall be in addition to and not in derogation of this right.
8. All request for proof of delivery must be made within a period of 21 calendar days following the date of invoice.
9. Where the goods are for delivery by installments any defect in any installment shall not be a ground for cancellation of the remainder of the installments and the buyer shall be bound to accept delivery thereof.
K. CARRIAGE AND INSURANCE
1. The cost of carriage/ transportation and insurance of the Goods to the Buyer's premises within India shall be in accordance with the charges laid out in the Company's current price list.
2. In all other cases the price of the Goods shall be exclusive of carriage/ transportation and insurance to the Buyer's premises.
1. Goods supplied pursuant to the Contract cannot be returned without the Company's prior written authorisation. Duly authorised returns:
a) Shall be sent to the Company's premises at the Buyer's expense.
b) May be subject to handling charge expressed as a percentage of the value of the Goods subject to a minimum amount as may be deemed fit by the Company and
c) Must be in the same condition as originally supplied by the Buyer.
M. TERMS OF PAYMENT
1. Payment must be made by crossed Account Payee cheque or Demand Draft payable at par against delivery or in accordance with the Contract on the due date mentioned on the face of the invoice strictly net.
2. If the Goods are delivered in installments the Company shall be entitled to invoice each installment as and when delivery thereof has been made and payment shall be due on the above terms in respect of each installment whereof delivery has been made notwithstanding non-delivery of other installments or other default on the part of the Company.
3. If upon the terms applicable to any order the price shall be payable by installments or if the Buyer has agreed to take specified quantities of Goods at specified times a default by the Buyer of the payment of any due installment or the failure to give delivery instructions in respect of any quantity of Goods outstanding shall cause the whole of the balance of the price to become due forthwith without any notice.
4. The price of the Goods shall be due in full to the Company in accordance with the terms of the Contract and the Buyer shall not be entitled to exercise any set off lien or any other similar right or claim.
5. The time of payment shall be of essence of the Contract.
6. Without prejudice to any other right it may have the Company is entitled to charge and to be paid interest at 2% per month of part thereof on any overdue payment of the price of the Goods or the Price of any installments thereof.
N. DEFAULT OR INSOLVENCY OF BUYER
If the Buyer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Buyer's property or assets or if the Buyer shall make or offer to make any voluntary arrangement or composition or compromise with his creditors or become bankrupt or if any bankruptcy petition be presented against him or has on its creditors or commences to be owned up by the Company, at its discretion, and without prejudice to any other right or claim may be notice in writing determine wholly or in part any and very Contract between the Company and the Buyer or may (without prejudice to the Company's right subsequently to determine the Contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods unit any default by the Buyer be remedied.
Wuerth India Private Limited General Terms and Conditions of Sale
Wuerth stands for quality. Serving you is our pleasure.
For all Queries relating to delivery, account etc., please contact
Wuerth India Private Limited
Head Office: Wuerth India Pvt. Ltd. 703/704, Windfall, Sahar Plaza Complex, J B Nagar, Andheri (East), Mumbai - 400059.
Toll Free No. 18001025061
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