GENERAL TERMS AND CONDITIONS OF SALE

‘SELLER’ herein means MOSERRC TECHNOLOGIES PRIVATE LIMITED.

‘BUYER’ herein means any person, party, association, firm, limited company, corporation, etc., who make an offer to the Seller to purchase the products.

Order of Goods

All orders placed by the Buyer shall be in writing and subject to the Seller’s acceptance. The Invoice will be raised on the Buyer against the order placed and goods supplied in terms of the said order. The Seller shall however be at the liberty to accept or refuse any order in full or part without assigning any reasons whatsoever.

Price

Price prevailing on the date of dispatch shall be applicable irrespective of the purchase order/ delivery order/ contract/ advance payment for the supplies that have been accepted/ issued. The Seller reserves the right to revise the price without any advance, further notice to the Buyer or without assigning any reason therefore.

Examination

The Buyer should check the price, quantity and calculations made in the invoice thoroughly. In case of any discrepancy the same should immediately be brought to the notice of the department from where the invoicing has been done.

Intimation of Short Receipt/ Damage

The weight or quantity recorded by the Seller in their dispatch documents shall be the basis for Invoicing and Payment. In case of short receipt/damage receipt Buyer shall forthwith intimate in writing any such short receipt/damage receipt of goods immediately to the depot form where the goods have been dispatched.

Applicable Taxes

Any Taxes, Cess or Duties levied by Central, State, Local or any other authority now in force or hereafter be imposed on the sale transportation or supply/delivery of the goods shall be directly paid by the Buyer or if directly paid by the Seller, reimbursed to the Seller by the Buyer.

Quality of Goods

The goods supplied shall be as per the specifications/quality prescribed by the Seller. For this purpose, the Seller’s laboratory record/ certificate of quality shall be the basis. No transit Shortage/Damage claims shall be entertained by the Seller without Shortage/Damage Certificate duly acknowledged by the carrier.

Return of Goods

Goods once sold will not be taken back.

Insurance

All arrangements for Transit Insurance and all liability for transit losses shall be decided on a case to case basis and as mutually agreed to between the parties.

Delivery

The delivery of the goods shall be made by the Seller at the address as notified by the Buyer. In event of the change of address, the Buyer shall intimate the same to the Seller. The Buyer shall make all arrangements to take delivery of the goods on the dates informed by the Seller.

Payment

The payment should be made only by crossed Cheques/ Bank Drafts/ Bank Transfer in favour of MOSERRC TECHNOLOGIES PRIVATE LIMITED, Raipur on any of the Scheduled Banks or any other mode as may be agreed through normal banking channels. In no event any cash payment is to be made against this invoice. In case any cash payment is to be made against this Invoice by the Buyer or any person/party on its behalf to the Company or any of its employee/person the same will not be treated as valid payment in discharge of this Invoice and the Buyer / person would be doing so at its own risk and consequence. The Buyer shall not for any reason suspend payment or make any deduction by the way of set-off. In case any amount is withheld or sought to be set-off/adjusted unless specifically agreed in writing by Authorised Officer of the Company such withholding/ set-off will not be accepted as valid discharge of the payment.

Default

Failure to make payment on due date will attract overdue interest @24% per annum OR such other rates as may be revised from time to time by the Seller shall be payable for any period of delay. Payments are subject to realization.

Appropriation of Payments

The Seller reserves the right to appropriate/adjust any discount or other sums due to buyer against any dues from the buyer including delayed payment charges.

Delivery Terms

The Buyer will, in every case examine the goods on taking delivery and thereafter will have no claim again at the Company on account of damage to the goods, shortage of weight or as to the nature of quality of the goods or any matter whatsoever.

F.O.R. /F.O.B. Quotations: The Company’s Liability for Delivery of the goods ceases as soon as these are placed on Rail/Board at the place of dispatch and a clear Railway Receipt/Bill of Lading, obtained Ex-Godown of Ex-Jetty quotations: The Buyer will take delivery at his own risk.

Delay in Delivery

The Seller will not be responsible for any delay in delivery beyond its own control, but will do its utmost to ensure speedy delivery.

Tax Declaration Forms

The Buyer should send in the Tax Declaration in the prescribed format as per Central or Sales Tax Act, otherwise the Seller may charge the difference in Sales Tax as if it would have been payable by an unregistered dealer.

Unauthorized acceptance of Goods

Any unauthorized party taking delivery of the goods mentioned herein will be criminally prosecuted and held liable for costs and charges incurred thereon.

Lien on Goods

The Seller shall have lien on the goods delivered/supplied as to the unpaid as the purchase price of the goods and the Seller shall be entitled to exercise the said lien to recover the unpaid purchase price by taking back the goods and shall be entitled to sell the same to some other Buyer and adjust the sum so realized against the unpaid purchase price without prejudice to Seller’s other rights and remedies to recover the outstanding dues or other dues.

Warranty of Goods

All products are guaranteed to be up to standard. Any warranties of condition, statutory or otherwise, as to quality of fitness for any purpose is excluded. No claims will be recognized unless notified in writing within 8 days after receipt of goods. The Seller reserves the right to deal with such goods in the best possible manner. The decision of the Seller will be final.

Severability

If any provision of this contract is found by anybody of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or unreasonable, it shall to the extent of such illegality, invalidity, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provisions shall continue in full force and effect.

Governing Law

Indian Law shall govern the Contract. Any dispute arising out of or in connection with the Contract shall be subject to the non-exclusive jurisdiction of the Indian Courts.

Jurisdiction

This sale for purpose of Legal Jurisdiction shall be deemed to have been concluded only at Raipur and only the Courts of Chhattisgarh shall be competent to try all cases/suits arising out of the sale.

Performance of Products

For best results, you may seek assistance of our sales executives. All recommendations are based on in-house tests and information believed to be reliable. The performances of the products are subject to handling and /or manner of use. We shall not be liable for any damage arising out of improper use and /or handling resulting from their use. No representative of ours has any authority to waive or change this provision.

Variation in Terms & Conditions

Any variation in these terms and conditions (including special terms and conditions) shall be inapplicable unless agreed upon in writing by the Seller.

Disclaimer

The options for configuration and specification of the parts or components or equipments are clearly mentioned in the manufacturer’s datasheet & MOSERRC disclaims availability of any other features other than the same.

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