Application:
These conditions
apply unless otherwise specifically agreed to in writing. They
are in addition to any other agreements in force between the Seller
and the Purchaser. Paragraph titles are for reference only.
Price:
Prices are subject to change without
notice and are F.O.B. Indian Ports (unless otherwise mentioned
in our order confirmations). Purchaser will be invoiced at prices
in effect at the time of shipment. All taxes, transportation costs,
duties and other charges are in addition to the quoted price.
Acceptance:
All orders are subject to BIAX’s
acceptance, credit approval, and adequate supply.
Payment:
Terms of payment are Letter of Credit
established in our favour through an International Bank. Payments
can also be made by TT prior to shipment. All new accounts are
subject to this payment policy. All past due accounts are subject
to interest at the rate of 12% per year (1% per month) and to
a 5% collection fee.
Cancellation:
Orders may only be cancelled before shipment.
A cancellation and restocking fee may apply. Special orders may
not be cancelable.
Returns:
Returns, if accepted, are for credit
only, not for refund. No returns will be accepted without Seller’s
prior written authorization. Only standard stock items returned
in excellent resalable condition within 30 days from date of invoice
may be accepted. Credit will be issued for the lower of invoiced
price and Seller’s current price, less a cancellation and
restocking fee and expenses (including shipping).
Exclusion of Warranty:
The Seller warrants
goods against manufacturing defects only for a period of one year
from the date of invoice. The Purchaser waives any right to legal
action against the Seller in respect of damages caused by the
goods.
Delays:
The Seller is not responsible for delays in delivery
due to causes beyond its control, including those attributable
to accidents, labour disputes, suppliers etc.
Claims:
All goods are accepted in good condition
by the carrier. Claims for damage to the goods must be made by
the Purchaser against the carrier exclusively.
Errors:
All claims for missing items or inaccuracies
on the invoice must be made within 10 days of the date of invoice
Back-Orders:
Items not shipped are back ordered
for future shipment unless the Purchaser cancels the order
Applicable Law:
This contract is governed by
the laws of India
Limitation of Liability:
The Seller’s
liability, if any, towards the Purchaser arising
from this contract is limited to direct damages and the Seller
shall not be liable for any indirect or consequential damages. |
