Sales Terms & Conditions
Purchaser/Customer do herby agree and confirm that
following terms and conditions shall be applicable to each and every order
placed with the company, irrespective of what is set out in
Purchaser/Customer is order save and except, specifically accepted by the
Company through its authorized officer.
- "Company" means Chirag Goel Enterprises (P) Ltd. , a Limited company having it's Head Office situated at 137/139, 3rd Floor, Kika Street, Gulalwadi, Mumbai - 400 004.
- "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
- 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
- '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 company’s bank account and online payment made specifically through the company’s website.
- 'Jurisdiction' shall be exclusively at the Courts of
Unless specifically agreed in writing between the Company through its Authorized Officer and duly accepted by the Company in writing through it's 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 it's Authorised 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 realization.
The Company Shall make all the possible attempt 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 right to change the prices and also to levy shipment and other incidental cost. 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.
Company shall ensure about 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 Authorized 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.
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.