Terms of sales
‘SELLER’ herein means ATTACH INDUSTRIES. ‘BUYER’ herein means any person, party, association, firm, limited company, corporation, etc., who make an offer to the Seller to purchase the products.
Any alteration/modification/cancellation/variation in these terms and conditions (including special terms and conditions) shall be inapplicable unless agreed upon in writing by the Seller.
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.
For best results, you may seek assistance of our executives. All recommendations are based on in-house tests and information believed to be reliable. The performance of the products are subject to the 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.
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.
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 bourne and paid by the Buyer only.
Transportation charges or Freight Charges will have to be borne and paid by the Buyer only.
The Buyer should send in the Sales 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.
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 any such short receipt/damage receipt of goods immediately to the Seller.
All orders placed by the Buyer shall 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.
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.
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.
The Seller will not be responsible for any delay in delivery beyond its own control, but will do its utmost to ensure speedy delivery.
Prices shall be applicable with respect to and in accordance with 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 therefor.
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 Seller.
The payment should be made only by A/C Payee Cheques/Demand Drafts/Pay Orders/NEFT/RTGS in favour of ATTACH INDUSTRIES 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.
The payment terms for Buyer are (1) 100% Advance Payment OR (2) For Export or bulk quantity orders, 70% Advance Payment and Balance 30% against Pro Forma Invoice OR (3) Spot Payment i.e. Payment against delivery of goods OR (4) Immediate Payment after receipt of goods.
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.
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.
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 for FOR/FOB Prices. The Buyer will take delivery at his own risk for Ex-Godown Prices.
Any unauthorized party taking delivery of the goods mentioned herein will be criminally prosecuted and held liable for costs and charges incurred thereon.
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.
Goods once sold will not be taken back. The Seller shall not be responsible for any losses/damages occurred to the Buyer on account of any applications errors on the side of Buyer; any defective, sub standard or inferior quality of other materials have been used by the Buyer; excessive moisture (>15%) in substrates to be bonded and such other internal or external uncontrollable factors on the side of the Buyer.
This sale for purpose of Legal Jurisdiction shall be deemed to have been concluded only at Ahmedabad and only the Courts of Ahmedabad shall be competent to try all cases/suits arising out of the sale.
Indian Law shall govern the Sale/Offer/ Contract. Any dispute arising out of or in connection with the Sale/Offer/Contract shall be subject to the non-exclusive jurisdiction of the Indian Courts.
If any provision mentioned herein is found by any body 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.