In these General Terms and Conditions:
- “Seller” means LABOUR CRAFT PRIVATE LIMITED, a private limited company with limited liability incorporated under the laws of the Republic of India, registered under The Company’s Act 1956, having its office at 55/1/2, Sastitala Road, Kolkata 700011, India.
- “Buyer” means the person who accepts an offer from the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
- “Terms and Conditions” means the standard terms and conditions of sale set out in this document and (unless the context requires otherwise) includes any special terms and conditions agreed in Writing between the Buyer and the Seller.
- “Goods” means the goods and/or any instalment of the goods or any parts for them which the Seller is to supply in accordance with any Contract and these Conditions;
- “Writing” includes mail, e-mail, fax or facsimile and other comparable means of communication.
Applicability of the Terms and Conditions
- Every offer made by the Seller or every order placed by the Buyer are subjected to these Terms and Conditions. It is applicable on the offer, the acceptance and on the formation of the contract between the buyer and the seller. Supply of products, services and offers shall be made solely on the basis of these Terms and Conditions. They shall also apply to all future business relationships even if they are not expressly agreed to again. Any typographical, clerical or other error in omission in the Contract, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. All agreements between Buyer and Seller, for purpose of execution of contract must be expressed in writing.
- Offer made by Seller is valid only for 7 (seven) days, unless otherwise stated. However, offers made by the Seller are subject to change without notice before acceptance. Acceptance of offers and all orders placed must be produced in writing and verbal acceptance of offers and/ or orders will not be accepted or entertained.
- Drawings, images, illustrations, dimension, weight or other data stated in the catalogues or other technical documentation by the Seller are only binding if these have been expressly agreed upon in writing. The Seller retains all proprietary, copyright and any other protective rights in the images and illustrations, drawings, sketches and other documentation. These must not be made accessible to third parties and must be returned to the Seller promptly on request.
- The Seller’s officers, employees, staff are not permitted to conclude oral agreement or sub-agreement or assurances beyond the content of the written contract
- The provisions of the Terms and Conditions will be deemed accepted on offer made by the Seller or on order placed by the Buyer.
- Buyer’s terms and conditions of business or purchase are herewith expressly objected to.
Price of Goods
- Price of goods, are valid for only 7 (seven) days, unless otherwise stated. However, we reserve the right to amend and adapt increased prices, for new as well as for confirmed orders, for reasons beyond our control like force majeure, shortage of raw materials and/ or labour, strikes, lockouts, terrorism, official orders, transportation or other problems.
- Unless otherwise stated, the quoted prices are ex works excluding packaging, insurance, freight, taxes and duties, penalties and impositions whether in force at the time of quotation or subsequently imposed.
- Additional supplies of goods will be quoted and invoiced separately.
Terms of Payments
- Unless otherwise stated, 100% advance payments either by Telegraphic Bank Transfer or Cheque must be sent to the Seller along with the confirmed purchase order. Cheques are subject to realisation and payments are said to be made only after the cheque has been cleared. In cases where, 100% advance by Telegraphic Bank Transfer or Cheque is not possible, Letter of Credit must be raised by the Buyer’s bank and details intimidated to us. Expenses arising due to amendment of Letter of Credit must be borne by the Buyer.
- Payment after delivery of goods is not permitted unless expressly agreed to in writing by the Seller during the time of offer, agreement of contract and acceptance of order. If the purchaser defaults on payment beyond the time expressly agreed upon in writing, the Seller shall levy an interest of 10% of the invoice value per month from the date expressly agreed upon.
- Should there be reasons to doubt the solvency or credit standing of the Buyer, we reserve the right to demand securities or prepayment for any outstanding delivery or declare immediate maturity of all outstanding claims.
Time of Delivery
- Delivery dates or deadlines, not expressly agreed to in writing by the Seller during the time of offer, agreement of contract or acceptance of order, is not binding on the part of the Seller. Delivery dates, expressly agreed to in writing is estimates only not involving any contractual obligation. The Seller is not responsible even for expressly agreed binding dates of delivery for delays in delivery due to force majeure, shortage of raw materials and/ or labour, strikes, lockouts, terrorism, official orders, transportation or other problems. The Buyer is not entitled to claim compensation for damages thereon due to late delivery of goods.
- Delivery date, if expressly agreed to in writing by the Seller, indicates the date on which the goods have been removed from our factory. The seller is not responsible for late deliveries due to transporters, freight forwarders, carrying and forwarding agent and ports of origin or destination.
- Goods are entitled to be supplied by the Seller in part shipments and part deliveries and each part will be billed individually to the Buyer. Additional expenses incurred due to such part shipments and part deliveries will be borne by the Buyer.
- Cancellation of order or contract is not accepted under any circumstances, without the written consent of the Seller. Total amount received in advance against an order shall be forfeited without any prejudice to our other rights if an order or contract is cancelled.
- If the Buyer is late in picking up the goods, beyond a specified expressly agreed date, the Seller will be entitled to demand compensation, as additional expenses incurred due to warehousing of the same.
Passing of Risk
- Shipment of goods is done at the complete risk and cost of the Buyer. Risk shall immediately pass to the Buyer as soon as the shipment has been handed over to the transporter or freight forwarder or carrying and forwarding agent or once the shipment has departed from the Seller’s premises for shipping.
- If the shipment of goods is delayed at the request of the Buyer, risk shall pass to the Buyer on notification sent to the Buyer about the readiness of the goods. In such case, beyond a specified expressly agreed date, the Seller will be entitled to demand compensation, as additional expenses incurred due to warehousing of the goods ready for shipment.
- The Seller shall not accept any return of any kind of packing or packaging material. The Buyer shall dispose off the packing and packaging materials at own cost.
- The Seller reserves the right to undertake modifications at any time, with or without the consent of the Buyer. Such modifications will not apply to goods already purchased by the Buyer.
- No complaint as to the quantity, weight, condition of goods, packing, packaging or any other complaint whatsoever will be entertained unless such complaint is notified to us in writing within 48 hours in case of local Buyers and within 7 days from the arrival of goods at the destination for national and international Buyers. No complaint will be entertained for goods once used.
- All goods supplied to the Buyer are free from manufacturing or material defects.
- Complaint will not be entertained if any operating or maintenance instructions by the Seller are not adhered to, the goods are incorrectly installed or commissioned, any changes are made to the goods or improper maintenance has been carried out or if parts exchanged or consumables used which do not correspond to the original specifications. In such case, any claims to defective goods shall be nullified.
- Claims shall also be nullified in case of inappropriate resources, natural wear and tear, incorrect or negligent handling, defects due to mechanical, chemical, electrochemical or electrical influences.
- In case of defective material, the Seller shall conduct all tests at their own discretion and the expenses relating to such tests will be borne by the Buyer.
- Any unavoidable variations in goods in quality, form, colour, weight, features, industry specific, minor or technical, is not defective material and such claims will be nullified. The same also applies to supply of goods against sample.
- If claims do arise due to defective goods, the goods will be a property of the Seller, even if the Buyer has paid for the goods in full, till such claims are settled.
- Liability of the Seller ends with the Passing of Risk. Any accident that may occur due to improper handling or use is a Liability on the Buyer.
- Any information submitted to the Seller in relation to orders shall be regarded as confidential.
Law and Jurisdiction
- The contract of these General Terms and Conditions for sale of goods has been formulated on the basis of Indian Law. All contract and orders are deemed to be entered into Kolkata, India and any such action arising there from shall take place in that city.
- Any disputes, which may arise in connection with the Contract of General Terms and Conditions for Sale of Goods of Labour Craft Private Limited, are subject to jurisdiction of Kolkata courts.