In these Conditions the following expressions shall have the following meanings.
1. ‘The Company’ shall mean Pet Plastics Limited.
2. ‘Goods shall mean the article or thing or any of them described in the contract between the company and the Buyer for the sale or supply of goods.
3. ‘The Buyer’ shall mean the person, firm or company with whom any contract to sell Goods is made by the Company whether directly or indirectly through an agent or factor who is acting for or instructed by any such person firm or company or whose actions are subsequently to the contract ratified by the actual buyer.
4. ‘Company’s Premises’ shall mean the premises mentioned in the Company’s quotation or other contractual document or if not so mentioned shall mean the Company’s works at 323, 3rd Floor Panchratna Bldg, Opera House, Charni Road, Mumbai - 400 004.
These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods and in the case of any inconsistency with any letter or quotation incorporating or referring to these conditions or 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 provision 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 effect the strict rights of the Company under the contract. 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.
Notwithstanding that the Company may have given a detailed quotation and no order
shall be binding on the Company unless and until it has been acknowledged in writing by
the Company. The quotation sent shall be valid for forty-eight hours (48 hours) due to
volatile market condition and price fluctuation.
The quotation sent shall be confirmed by the buyer by disbursing the payment to be made towards the order. The confirmation should be given by the buyer within forty-eight hours (48 hours) of the quotation being sent.
1. The price payable for Goods shall unless otherwise stated by the Company in writing and agreed on its behalf be the list price of the Company current at the date of dispatch if the quotation wasn’t confirmed within forty-eight hours (48 hours) of it being sent.
2. A revised quotation can be sent at the prevailing market rates at the buyer’s discretion.
3. All prices are exclusive of Goods and Service Tax or any taxes prevailing under the Income Tax Act, 1961 and/or Goods and Service Tax Act, 2017 and the same will be charged at the appropriate rates.
5. TERMS OF PAYMENT
1. Payment once made towards the order is non-refundable.
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 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.
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 the essence of the contract.
6.Without prejudice to any other rights it may have the Company is entitled to charge interest at 2% above the then Current Base Rate of the Companies bank on overdue payments of the price of the Goods or the price of any Installments thereof, this to apply both before and after judgment.
7. The buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. The buyer shall not use the credit/ debit card which is not lawfully owned, i.e. in any transaction, The buyer must use their own credit/ debit card. The information provided by the buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The buyer will be solely responsible for the security and confidentiality of Your credit/ debit card details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of their credit/ debit card.
8. The Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the buyer /cardholder having exceeded the pre-set limit mutually agreed by the Company with our acquiring bank from time to time.
1. The period for delivery shall be the period within which the Goods are intended to be dispatched by the Company and shall be calculated from the time of the receipt by the Company of the Buyers order’s confirmation or from the receipt of all necessary information to enable the Company to manufacture or procure the manufacture of the Goods whichever shall be the later and the Buyer shall take delivery of the Goods within that period.
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 contract nor shall the Company be under any liability for delay whether or not beyond the Company’s reasonable control.
3. Where the Goods are handed to a carrier for carriage to the Buyer or to Mumbai port for export any such carrier shall be deemed to be an agent of the Company and not of the buyer for the purposes of Sections 44, 45 and 46 of the Sale of Goods Act 1979.
4. Where the Goods are sold F.O.B. the responsibility of the Company shall cease immediately the Goods are placed on board ship and the Company shall be under no obligation to give the Buyer the notice specified in Section 32 (3) of the Sale of Goods Act 1979.
5. If for any reason the Buyer is unable to accept delivery of the 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.
6. The Buyer shall be obliged to accept delivery at any time before the contract is determined or instalment cancelled.
7. The Company shall have the right to make delivery by instalments of such quantities and at such intervals as it may decide, and any express provision as to its instalments in the contract shall be in addition to and not in derogation of this right.
1. Goods supplied in accordance with the contract cannot be returned without the prior written permission of the Company, Duly authorised returns shall be sent to the Company’s Premises at the Buyer’s expense.
1. Where the quantity of any order exceeds 1(one) Tonne in weight the cost of delivery of the Goods to the Buyer’s premises shall be included in the contract price.
2. Where the Buyer requests delivery in a manner other than that selected by the Company in sub-clause (1) above, any difference in price shall be charged to the Buyers account.
3. In all other cases the prices are exclusive of carriage and insurance to the Buyer’s premises.
4. Export orders shall be charged F.O.B. (Mumbai Port).
9. PASSING OF TITLE AND RISK
1. From the time of delivery the Goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance as if it were the owner, but, unless otherwise expressly agreed in writing, the Goods shall remain the property of the Company until payment due under all contracts between the parties has been made in full and unconditionally or until resale of the Goods by the Buyer bona fide in the ordinary course of its business and at full market price and the Buyer shall sell as principal only. whilst the ownership of the Company continues the Buyer shall keep the Goods separate and identifiable from all other goods in its possession.
2. If the Goods shall become converted into or incorporated with other products while still in the ownership of the Company the ownership in any such other products shall vest in the Company as if solely and simply the Goods until such payment or resale as aforesaid.
3. In the event of any resale by the Buyer of the Goods or such last mentioned products the beneficial entitlement of the Company shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim thereof shall be assigned to the Company and until and subject to such assignment shall be held on trust for the Company by the Buyer who will stand in a strictly fiduciary capacity in respect thereof.
4. In the event of failure to pay the price in accordance with the contractual obligations the Company shall have power to re-sell the Goods or products after reasonable notice, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise.
5. The Company reserves the right to enter premises owned or in control of the buyer to recover Goods. Also the Company is entitled to repossess the Goods or the proceeds of sale of these goods in the hands of the Buyer or any liquidator/receiver of the Buyer.
6. It is requirement of the buyer to insure Goods purchase pending payment.
11. DEFECTIVE GOODS
1. Nothing herein shall impose any liability upon the Company in respect of any defect in the Goods arising out of the acts, omissions negligence or default of the Buyer, its servants or agents including in particular but without prejudice to the generality of the foregoing any failure by the Buyer to Comply with any recommendations of the Company as to storage and handling of the Goods.
2. 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.
3. Nothing herein shall have the effect of excluding or restricting the liability of the Company for death or personal injury resulting from its negligence.
12. DEFAULT OR INSOLVENCY OF BUYER
1. If the Buyer shall fail to accept the Goods or any installment or part installment thereof or shall fail to pay any sum due to the Company at the proper time or make default in or commit any breach of any other obligation or it 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 arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Buyer is a company) if any Resolution or Petition to wind up such company shall be passed or presented or if a Receiver of the whole or any part of such company’s undertaking property or assets shall be appointed. the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every 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 until any defaults by the Buyer be remedied.
13. LIMITATION OF LIABILITY
1. The liability of the Company to the Buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods or, where the Goods are delivered in installments, the price of the Goods in the relative installments.
14. FORCE MAJEURE
1. 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 through any circumstances beyond its control including but not limited to strikes lock-outs accidents war fire reduction in or unavailability of power at manufacturing plant. breakdown or from normal source of supply.
1. Save as provided in Conditions 12 and 14 hereof contracts may not be cancelled except by agreement in writing of both parties and upon the payment to the Company of such amount as may be necessary to indemnify the Company against all loss resulting from the said cancellation.
1. The Company may but the Buyer shall not assign the contract between the Company and the Buyer for final sale of goods or sub-contract the whole or any part thereof to any person firm or company.
17. NO RE-SALE
1. Goods sold by the Company to the Buyer are for the sole use or consumption of the Buyer and the Buyer shall not re-sell the Goods to any third party without the prior written consent of the Company provided that the Buyer may convert the Goods into or incorporate the Goods in other products for re-sale by the Buyer.
1. The headings in these Conditions are intended for reference only and shall not affect their construction.
1. ALL disputes arising in connection with this Agreement shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof by a sole arbitrator to be appointed (in default of agreement) by the Company. The expenses so incurred shall be borne by the buyer and if borne by the Company, shall be reimbursed by the buyer to the Company.