TERMS AND CONDITIONS
1. Buyer shall not assign any of its rights or delegate any of its obligations under the Contract without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under the Contract.
2. All orders placed by the buyer shall be subject to the seller’s acceptance and the seller shall be at liberty to accept or refuse any order in full or in part without assigning any reason whatsoever. Orders once accepted by the seller shall not be cancelled by the buyer unless consented by the seller in writing.
3. Depositor (“Farmer”) declare that the stock/commodity in the warehouses is directly purchased by (M/s ERGOS Business Solutions Private Limited) “ERGOS” from farmer and the price, quantity consent is given by the farmer in writing or through OTP on mobile no. and it will be sold to the buyer as per the separate contract signed by buyer with ERGOS. The stock shall be released or sold only after making full payment of the outstanding reflecting in ledger due to various services availed from ERGOS by farmer.
4. Prices prevailing on the date of dispatch shall be applicable, irrespective of the purchase order/delivery order/contract/advance payment for the supplies have been accepted/ issued. The seller reserves the right to revise the price without any advance notice to the buyer or without assigning any reason thereof. The seller shall not be responsible for costs, charges, expenses and losses incurred by the buyer due to the revision in prices.
5. The basis of billing and payment for each supply/delivery shall be the weight/recorded in seller’s dispatch documents. The seller’s weight and measurement at the time of dispatch shall be accepted as conclusive evidence of the quantities delivered/supplied. The buyers, if they so wish, are at liberty to be represented at the place of measuring/weighing tankers/trucks and to verify the correctness of the seller’s measurement/weight. But the seller is not bound to wait for the representative of the buyer for the purposes as above.
6. Any other taxes now in force or hereafter be imposed on the sale, transportation or supply/delivery of the goods shall be paid by the buyer or if directly paid by the seller shall be reimbursed to the seller by the buyer.
7. The goods supplied shall be as per the specifications/quality prescribed by the seller for this purpose. All warranties and conditions, statutory or otherwise as to specifications, quantity, fitness for any particular purpose whether known to the seller or not are excluded.
8. Goods once sold shall not be taken back by the seller under any circumstances.
9. All arrangement for transit insurance and all liability for transit losses shall be the buyers responsibility and to the buyers account. In case due to any special reason, these expenses are incurred by the seller, the buyer shall reimburse the same to the seller forthwith.
10. Dispatch/supply of goods by the seller shall be complete if the seller receives the lorry way bill/receipt for the goods loaded at the seller’s works by the transport contractor/authorized representative on behalf of the buyer. The date of delivery shall be date of dispatch as appearing on the invoice.
11. The seller shall not be responsible for delays in dispatch of the goods on account of any reason whatsoever and the condition for the dispatch/delivery timing shall not be the essence of the contract unless otherwise confirmed by the seller in writing. Any time or date named by the seller for deliveries given as intended are estimates only and the seller shall not be liable to make good any damages or loss whether arising directly or indirectly out of delay in delivery, if any.
12. The goods once delivered to the carrier shall be at the buyers risk and responsibility. The buyer, if he chooses, may get them insured against such risk as he may consider necessary at his own cost. The seller does not bear any responsibility whatsoever for breakage, leakage, theft, pilferage, damage and/or loss of any kind on any account in transit or thereafter once the product leaves the seller’s work/warehouse. The claims for any shortage consignment should be settled by the buyer directly with the carriers or any other agents of the buyer and the seller shall not be responsible for such claims under any circumstance.
13. All notice or documents addressed to the buyer shall be deemed to have been validly served if delivered at/or sent by post to their last known address. The seller will not be responsible for any demurrage etc. on consignment due to public holidays, postal delays etc. or any other reasons beyond the seller’s control.
14. If the buyer fails to make the payments when it becomes due or if there is any breach by the buyer of any terms and conditions hereof, the seller may without prejudice to his other rights or remedies cancel his order forthwith of refuse to make further deliveries in which case the seller shall not be held responsible in any way.
15. Remittances by Demand Draft/Cheque (any nationalized/scheduled Bank) must be made payable at the Ergos designated place “or” to the order of the seller. The seller shall not be liable for loss or theft of DD/Cheque etc. in transit. The buyers are in their own interest advised to hand deliver or mail the aforesaid documents to seller by registered post acknowledgement due. The DD/Cheque by the buyer should be drawn in favor of “ERGOS BUSINESS SOLUTIONS PVT. LTD.”
16. Interest will be charged at such rates as may be agreed between buyer and seller at the time of execution of agreement and it shall be payable by the buyer to seller for any period of delay in payment for the goods.
17. The goods shall be dispatched at such time and in such convenient lots and quantities as the seller shall decide. The seller shall be entitled to cancel an order in whole or in part even if it has been partly executed. Each lot dispatched against a single order shall be considered as a separate contract and the failure of dispatch of any one lot or of the balance lots shall not violate the contract as to other lots. The order shall deem to have been completed on the date of dispatch in respect of the products actually dispatched in part/full.
18. During the tenure of periodic shut down of the seller’s works, the seller shall not be bound to deliver any goods in case of such shutdown. Seller shall endeavor to give notice to the buyer of such shut down. But failure to do so for any reason whatsoever the buyer will have no right to claim compensation and/or damage of any nature for the seller in this regard.
19. If the buyer fails to take delivery of the goods at the date and time specified when the delivery becomes due, then the seller will have the option to cancel the delivery or to sell the remaining goods in the open market and claim difference in amount, if any as well as damage for the breach on the part of the buyer.
20. The seller reserves the rights to appropriate any discount or other sums due to the buyer against any dues from the buyer including delayed payment charges, if any.
21. The seller shall not be liable for any delay in dispatching the goods or portion thereof if such delay is due to the act of god, war declared or undeclared revolution, embargo, riots, civil or political disturbance, lockout, strikes, force majeure, trade dispute, accidents, power failure, fire draught, flood or any other cause beyond the seller’s control. In such an event the delivery of goods or any portion thereof shall be suspended or cancelled at the seller’s option. If dispatches are delayed/cancelled in consequence of any of the ongoing contingencies or like nature, the seller shall not be responsible for any damage/loss caused to the buyer or any third party.
22. The buyer and seller hereto unconditionally and irrevocably agreed to submit to the exclusive jurisdiction of the competent courts in Bangalore, Karnataka only with regard to any question or matter arising out of the invoice and any other documents that may be executed by the party hereto or any of them in pursuance hereof or arising here from.
23. The buyer shall be responsible for arranging various documents/forms required as per the statutes for the transit of goods. Neither, the seller shall be bound to ask the buyer for any such documents nor shall be responsible for any damages/penalties caused to buyer imposed by any authority due to non-compliance of any statutory obligation by the buyer.
24. In case the transport is arranged by the seller on behalf of the buyer, Goods shall be deemed to be sold Ex-works/Ex-warehouse upon the delivery to the carrier. The charges of such transportation shall be reimbursed to the seller by the buyer on actual basis.
25. Goods Sold is on Ex-works/Ex-Warehouse basis. Title of goods is transferred to customer once the goods are delivered to the carrier/transporter and invoice is generated.
26. The above stated terms & condition will be applicable to the extent not inconsistent with terms of the written agreement, if any, executed by the seller with the buyer.