"Company" means MEHTA TUBES LIMITED, a Limited company having its Registered Office & Unit 1 situated at Char Rasta Nanapondha, Taluka Kaprada, Dist: Valsad(Gujarat), Unit 2 situated at 46/2, Gangadevi Road, Palgam Dist: Valsad, Umergaon, and Head Office at 915-16, 9th Floor Plaza Panchshil, 55 Hughes Road.
"Customer/Purchaser" a person purchasing goods from Company and shall mean and include a proprietary firm (with disclosed name of Proprietor of firm or not) a Partnership firm, body corporate and/or any other legal entity as constituted and/or incorporated under the law of land where it is situated.
"Authorised Officer" shall mean and include Company's Directors and/or any other person/s duly authorized by the Company by Board of Director's Resolution.
"Courier" means any Courier Company carrying goods/mail/letters, etc.
"Price" Price shall mean and include cost of material as prescribed by the Company from time to time in its offer/Price List plus all the taxes, duties, levies, etc. as applicable from time to time. Price shall be Free in Board.
"Delivery Period" shall mean and include days from receipt of Order/or as specifically agreed between Company and Purchaser and/or as mentioned in the Purchase Order subject to all the force majeure clause, which shall include sudden shortage of material due to change in Government Policies, major strike, shortage of electricity and delay in transit. 'Arbiter Tribunal' means Arbitrator as appointed by Bombay Metal Exchange Limited (India).
"Quality" means quality of material as specified by the Customer/Purchaser in Purchase Order/ or as per prevailing BIS/IS and or ASTM.
"Payment" shall mean either by Letter of Credit and/or bank remittance vide Swift Code no._____ of Company's Bank.
"Jurisdiction" shall be exclusively at the Courts of Mumbai (India).
- Unless specifically agreed in writing between the Company through its Authorized Officer and duly accepted by the Company in writing through its Authorized Officer, all the terms and conditions as mentioned therein shall be applied to all the Contracts which shall be subject to change in Legislation, Act statutory provisions, etc. as applicable in India and/or any part or territory thereof.
- Orders once accepted by the Company cannot be cancelled by the Purchaser/Customer without written consent of the Company through its Authorized Officer and with right of the Company to recover all the charges, losses, damages caused to it apart from that to levy of interest @2% per month on the value of material till payment and/or realisation.
- If not specifically informed in writing by the Customer/Purchaser, Company will engage space in a ship at the nearest port of sailing ship for transporting the goods and dispatch the documents relating to the said goods, namely, Copy of Purchase Order if any, Original Invoices, Packing Lists, Bill of Lading, Certificate of Origin, Insurance, by a Courier. Once the documents are dispatched, it will be deemed to be delivery of goods to the Customer/Purchaser.
- The Company Shall make all the possible attempts to deliver the goods in time and/or as provided in the Purchase Order if any. However, the same shall be subject to force majeure clauses, such as act of God sudden civil war, act of terrorism, fire, earthquake, prohibitory orders issued by any Competent authority and also in case of steep escalation of the price of the (basic) materials by more than 10% of the declared value by London Metal Exchange(Overseas), Hindustan Zinc Limited and/or by the published rate of the Bombay Metal Exchange Ltd. Company reserve the right to change the prices and also to levy shipment and other incidental costs. If the goods are not shipped as provided on Purchase Order in writing by the Customer/ Purchaser and not cancelled by the Purchaser/Customer in writing, the Customer/Purchase shall be deemed to have agreed to an extension of reasonable time for shipment of goods.
- All the materials are transported and dispatched at Customer/Purchaser's risk and the price shall be on the FOB basis and in currency as agreed between the parties and/or In US Dollars.
- Company shall ensure the quality of the material. However, same shall be in consonance with the price offered by the Purchaser in given market price of basis raw material and the Customer/Purchaser shall ensure the quality of the material at its own premises and/ or through a Laboratory approved by the Government before actual application of the material supplied by the Company. In case of any dispute in regard to the quality of the material, the Purchaser shall inform within 3 working days of receipt of the material at its final destination, at its own cost and send the Test Certificate along with photographs thereof. In case the Company desires to inspect the material at destination, the Purchaser shall provide to and fro expenses in advance including lodging and boarding for the Authorised Representative of the Company and also of the Quality Inspectors accompanying them. The Company shall be liable to reimburse the cost of conversion of goods only subject to remittance charges, if any. Under no circumstance the Company shall be limited and not more than conversion charges under any circumstance. The payment of material shall be in advance and/or by Letter of Credit or as provided in the Invoices of the Company. Company reserves the right to withhold further dispatches in case payment is delayed by the Customer/Purchaser shall be liable to pay interest @24% p.a. on all delayed payments and also other charges expenses incurred in the legal process of recovery of the same.
- All the materials are dispatched at the Customer/Purchaser's risk, and in case of wrong delivery, the Customer/Purchaser shall hold the material as an agent of the Company and the Customer/Purchaser shall not use the material in any manner. Customer/Purchaser shall indemnify and keep indemnified the Company from all the losses, damages incurred therein.
- Customer/Purchaser shall insure the goods for transit and/or obtain the policy of the effect, failure to do so, the Customer/Purchaser shall be liable for all the losses and damages, including the short delivery of goods. Unless specifically ordered in writing, Company shall dispatch the goods by Ship only, as all the contracts are subject to carriage of goods to the port of dispatch only, in a Sea-going ship to port of destination. The Insurer shall be of International repute and shall be in accordance with maximum cover of price of goods on Board of the Ship at port of shipment. Customer/Purchaser shall be solely responsible for due compliance of the legislations, statutes, acts, provisions of law at the port of destination and/or place taking delivery and indemnified the Company from all the losses, costs and charges.
- The Company shall be entitled for all export benefits, subsidies, grants, etc. including incentives available for Exports and/or by Government of India or any other authority under its Exim Policy in force from time to time.
- If the goods are short delivered and/or found to be damaged in transit, the Purchaser shall immediately lodge a Claim with the shipping Company and also with the Insurance Company and carry out Survey without any delay and take open delivery of the goods.
- Customer/Purchaser at port of Destination shall ensure and take measures necessary for Clearance of the goods including payment of all Customs charges wattage, Port charges, Duties, Taxes and all the levies as levied by the Government in case of Import of the goods in the Country concerned.
- All orders are accepted by the Company subject to aforesaid terms and conditions and in case of any dispute, the Courts at Mumbai (India) shall be having exclusive Jurisdiction.