Terms and Conditions
1. It is agreed that Company’s Terms and Conditions shall govern the dealings between Company and the Farmer for all warehousing and storage services. It is furthermore agreed that Company’s Terms and Conditions are electronically published at the https://www.google.com/url?q=https://ergos.in/farmer-english&source=gmail-imap&ust=1695890097000000&usg=AOvVaw1Zl1ZcflnMytkwKX0vmnJl , and may be amended by Company from time to time, without notice. In the event of any conflict the Terms and Conditions electronically published shall prevail.
2. Definitions:
a) “Company” means Ergos Business Solutions Private Limited, a company incorporate under the provisions of the Companies Act, 1956 having its registered office in Bangalore. Which includes all its directors, employees, subsidiary, affiliates and representatives.
b) Company’s Terms and Conditions: All the terms and conditions stated in this here and published on www.ergos.in
c) “Farmer” means the person, company, firm or other entity whose Goods are stored at the Warehouse.
d) “Goods” means the grains/crops tendered to Company by Farmer for which Company has agreed to store at the stored at the Warehouse.
e) Term:
i. For Rabi season the time period which starts from date of storage of the Goods recorded on the Warehouse Receipt issued by the Company and will be till maximum of 15th February of the next calendar year or a maximum of 185 days from the date of storage, whichever is earlier.
ii. For Kharif season the time period which starts from date of storage of the Goods recorded on the Warehouse Receipt issued by the Company and will be till maximum of 15th July of the next calendar year or a maximum of 185 days from the date of storage, whichever is earlier.
f) Warehouse: any premises confirming the necessities required for storing the Goods which is owned/leased by the Company.
g) Warehouse Receipt: an acknowledgement in writing or in electronic form issued by the Company or by its authorised representative, for the receipt of the storage of the Goods.
h) Warehousing Request: Farmers request to store or sell the Goods.
3. Ownership of Goods: Farmer warrants that it is the lawful owner and/or has lawful possession of the Goods tendered for storage and warrants that it has sole legal rights to store Goods tendered, to release Goods, and to instruct Company regarding delivery or disposition of the Goods. Farmer agrees to notify all parties acquiring any interest in the Goods of this terms and conditions and further agrees to indemnify and hold Company harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Goods, or from any other services provided by Company. Such indemnification shall include any legal fees or costs incurred from any claim by a third party, regardless of whether or not litigation is actually filed.
4. Storage:
a) Pursuant to this terms and conditions, Company agrees to receive, store, and release the Goods in accordance with Farmer’s reasonable instructions. Further, the Farmer shall only be entitled of the services offered by the Company which are for storage of Goods which includes storage space rent, fumigation and insurance cost.
b) All the goods properly marked and packed, shall be delivered at the Warehouse. The Company undertakes to store and deliver the goods only in packages in which they were originally received unless specifically authorised by the Farmer to do so otherwise.
c) The Farmer shall be permitted to store the Goods for a maximum of the Term defined herein.
d) Company will store the Goods at its discretion at any one or more buildings identifies as Warehouse and is mentioned in the front side of the Warehouse Receipt.
e) Company may provide additional services to Farmer as requested and as agreed. The farmer understands, agree, and confirm that the Company will provide services related to market linkages, finance and/or such other services as determined by the Company in any manner whatsoever. However, the charges for these services will be determined from time to time.
f) At any time the Company reserves the right to not approve/ disallow the approved/ cancel the Warehousing Request received from the Farmer without any reason/ cause. In such case, the Company will not be held liable for any damage or loss.
5. Withdrawal:
a) The Farmer may withdraw the Goods stored at the Warehouse any time before the Term as per this terms and conditions subject to clearing all the charges to the satisfaction of the Company.
b) Company reserves the right to terminate storage and to require the removal of the Goods, or any portion thereof, by giving Farmer ten (10) days advance written notice. Farmer shall be responsible for payment of all charges attributable to said Goods within the stated period. If the Goods are not so removed, Company may exercise its rights under applicable law including but not limited to selling the Goods.
c) The Farmer shall be notified about the completion of the Term through SMS alerts / email at least 15 days before the expiry date of the Term. However, if the farmer does not withdraw / remove the Goods upon the expiry of the Term then the Company shall after 7 days, be authorized to proceed ahead with the liquidation of the Goods and sell them at best price available and after settling the overdue charges if any, remaining amount shall be paid to the Farmer’s bank account within 7 working days from the date of sales.
d) The Farmer understands, agree and confirms that the Company shall not be responsible for any price appreciation or depreciation of the Goods stored in the Warehouse.
e) After the release/withdrawal of the Goods in the event of any leftover quantity (as determined by the application), will be mandatorily sold by the Company at the fair market value as determined by the Company. And the proceeds of such sale will be credited to the Farmer’s account.
6. Charges:
a) The Farmer is liable to pay the charges for storing the Goods in the Warehouse as follows:
i. Paddy Hybrid: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
ii. Wheat: Moisture deduction will be 0% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
iii. Maize: Moisture deduction will be -1.5% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
iv. Soyabean: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
v. Toor Whole: Moisture deduction will be -1.5% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
vi. Chana: Moisture deduction will be 0% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
vii. Finger Millet: Moisture deduction will be -1% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
viii. Turmeric Bulb: Moisture deduction will be -2.5% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
ix. Turmeric Finger: Moisture deduction will be -1% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
x. Paddy Katarni: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xi. Arecanut Saraku: Moisture deduction will be -0.5% of the total weight, Warehouse management fee of ₹0.60 per quintal per day will be charged.
xii. Arecanut Bette: Moisture deduction will be -0.5% of the total weight, Warehouse management fee of ₹0.60 per quintal per day will be charged.
xiii. Arecanut Rashi Edi: Moisture deduction will be -0.5% of the total weight, Warehouse management fee of ₹0.60 per quintal per day will be charged.
xiv. Paddy RNR: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xv. Paddy Sriram Sona: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xvi. Paddy IR 64: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xvii. Paddy Sona Masuri: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xviii. Paddy Nellore Sona: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xix. Paddy Kaveri Sona: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xx. Paddy Masuri: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xxi. Jowar White: Moisture deduction will be -1.5% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xxii. Coriander Badami Clean: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.50 per quintal per day will be charged.
xxiii. Coriander Badami Unclean: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.50 per quintal per day will be charged.
xxiv. Paddy-Sonam: Moisture deduction will be -2% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
xxv. Mustard Seeds: Moisture deduction will be -1% of the total weight, Warehouse management fee of ₹0.50 per quintal per day will be charged.
xxvi. Jowar Sorgham: Moisture deduction will be -1.5% of the total weight, Warehouse management fee of ₹0.40 per quintal per day will be charged.
b) The farmer agrees and confirms that any other cost related to storage except as mentioned in this Company’s Terms and Conditions, shall be borne by the Farmer including but not limited to material handling, stacking etc.
c) Company shall not be liable for any loss or destruction of or damage to the Goods, however caused, unless such loss, damage or destruction resulted from Company’s failure to exercise such care in regard to the Goods as a reasonably careful person would exercise under like circumstances.
d) In no event shall Company be liable for any loss or damage caused by acts of God, public authorities acting with actual or apparent authority, strikes, labor disputes, weather, cyber attacks, civil commotions hazards incident to a state of war, acts of terrorism, acts or omissions of customs or quarantine officials, fires, change of weather, floods, storm, moths, theft, unless such loss or damage is caused by the failure of Company to exercise such ordinary care required by law.
7. I/We the borrower gives his/her consent and authorizes Ergos Partnered Bank/(s) ("Bank") to fetch my/our personal details from UIDAI. The Bank may conduct necessary investigation and seek/receive information from CIC/ any source/person in the process or appraisal of the loan. I/we do hereby agree to indemnify the Bank against all expenses or any damages and/or loss which it may suffer on account of the present loan application and or any information contained therein.
8. No Consequential Damages. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF COMPANY’S DUTIES, NEGLIGENCE LIABILITY WITHOUT FAULT OR ANY OTHER LEGAL THEORY OR BASIS, SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEYS FEES OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, LOSS OF USE OF GOODS, COST OF SUBSITUTED GOODS, DELAYED DELIVERY OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.
9. Governing Law: These terms and conditions, warehousing receipt shall be governed by and be construed in accordance with the laws of India. The courts of Bangalore, Karnataka shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with this terms and conditions.
10. Disputes: Any dispute arising out of or in connection with this terms and conditions including any question regarding its existence, validity, or termination, shall be resolved vide arbitration in accordance with the Arbitration and Conciliation Act, and the arbitrator shall be appointed by the Company.
Marketplace Terms and Conditions
The terms and conditions listed below governs the transactions taking place on the Farmer App Marketplace page.
1. Definitions:
i. “Customer” means a Farmer who is willing to purchase the Products listed on the Platform from the Seller.
ii. “Customer Location” is the address of the Customer.
iii. “Delivery Address” is one among the many warehouses of Ergos where the Products will be delivered.
iv. “Platform” shall mean a mobile application, web application or website bearing the Brand Name with any top-level domain name owned, developed and managed by Ergos.
v. Products: shall mean any and all goods/products listed on the Platform by Seller and which Ergos makes available to the Customers.
vi. “Seller” means any manufacturer or seller who lists the Products on the Platform to make them available to the Customer for purchase.
2. General conditions:
• The content of the pages of the Platform is for your general information and use only. It is subject to change without notice.
• The registration and listing of products are completely free for manufacturer and Seller.
• The Seller will be solely responsible for listing of the products and the quality of the images.
• We at Ergos assume that the Customer is 18+ and is responsible for the usage of any products. If you are under 18, you may only use the product with the prior consent of your parent or legal guardian.
3. Order Placement:
• The Customer may choose and shall place an order for the Products on the Platform.
• The Products listed will be inclusive of Goods and Service Tax (GST) if applicable.
• Please note that there will be an interest of 1.1% per month on the value of the purchase from the day of order placed till the date of next sale/release on Ergos platform. This interest will be levied on the farmer and will be settled when he makes a sale or takes a release.
• The Customer shall note that the address of delivery shall be the Ergos warehouse(s). Delivery Address will not be changed edited once the order has been placed.
• The online payment for the orders shall be made by the Customer at the time of placing the order. The Customer may adjust the rewards/credits available in the Customer’s account on the Platform.
• In the event the Customer has made the payment using the credits available in the Ergos account then such credit will be adjusted during the sale transaction of their goods stored at Ergos warehouse.
• The Customer may utilize the credit facilities facilitated by Ergos. Provided that these facilities are approved and granted by the Ergos partnered banks or financial institutions.
• Order once placed can only be cancelled within 2 hours of placing the order.
4. Delivery of order:
• Seller will compulsorily deliver the order to the Delivery Address within 7 working days from the time of placement of the order.
• Seller will have to dispatch the order through their preferred delivery mode.
• Customer will collect the order from the Delivery Address within 1 working day from the time of delivery.
• Ergos shall try it’s best to get the product delivered to the Customer but due to any unavoidable circumstances, if the product is not delivered or it is delayed and because of which any loss occurs to the Customer, Ergos is not responsible.
• Seller will issue bills including GST (only if applicable) on the Customer’s name. The Seller must know all legal frameworks before dispatching products to Customer.
• The quantity and product should not differ from the quantity ordered.
5. Sales Return:
• The Products delivered can be rejected/returned if the Products if not as per the quality conditions which includes but not limited to, a) expired or contains bacterial/fungal infections, b) products having leakages c) Shipping marks not clear and legible on the outer carbon, d) Damage to the Carton, Label, or Product e) The package not sealed f) Barcodes and Labelling not clear or for any other valid and reasonable reasons.
• There will be two step verification, (i) the Products once delivered will be inspected (unopened package) at the Ergos Warehouse by the Ergos personnel and if not as per the quality conditions they may request the return, such return shall be communicated to the Customer, and (ii) the Products (opened package) will be verified by the Customer once it reaches their location, and if not as per the quality conditions the Customer may place a return request.
• Customer shall communicate the sales return within 30 minutes from the time of delivery to the Customer. The returnable Products shall be dropped at the Delivery Address by the Customer.
• The value / amount paid for the products rejected/returned shall be refunded by the Seller to Ergos within 15 working days from the date of the return transit/ pick-up.
Rewards Terms and Conditions
The Ergos rewards program (“Program”) sponsored by Ergos Business Solutions Pvt Ltd (“Company”) is designed to farmers get the most out of their association with the Company. Farmers earn Reward in the form of Cash Deposit in bank / Cash credit in Farmer Account/ Points or Products. The following Rewards terms and conditions and are a binding agreement between Farmer and the Company.
Company reserves the right to modify these Rewards Terms and Conditions at any time, without notice. Participation in the Program and/or redemption of Rewards is considered acceptance of these Rewards Terms and Conditions and any modified terms included therein. Upon notice, the Company may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward.
Program Period
This Program will continue until terminated, suspended, modified, or converted to another rewards program by the Company (the "Program Period").
Eligibility
To become eligible for the Program, you must be 18 years of age or older and be registered as a Farmer with the Company.
Earning Rewards
Farmer can begin racking up the Rewards based on the transaction done with the Company. The rewards will be granted by the Company at its discretion.
Points Balance
Farmers can always check the rewards on My Rewards page.
Expiration / Revocation:
- Your My Rewards page lists your Rewards balance history, which displays the dates your Rewards were earned.
- Rewards will be revoked if the Farmer does not meet the Reward Conditions.
- If the rewards are in form of points it will expire after 60 days from the date they were first earned. If Farmer does not utilise the Rewards within this time frame, all such rewards will be forfeited.
Reward Conditions
- Self Login Events - For transactions (“events”) which expect self triggering of events, Farmer is expected to personally create and manage their own transactions on their own mobile with registered mobile phone number. Failing to do so Farmer will not be able to earn rewards
- For prevention of abuse of rewards program, Farmer should agree to allow access to location information and mobile number used in the application to qualify for rewards.
- Farmer should agree to receive communications by way of SMS, e-mails, mobile app and browser notifications etc…
- Rewards in form of cash to the Bank will not be credited to Farmers, if KYC or / and bank account details is not available / is not active.
- If a Farmer qualifies for more than one event at the same point of time, rewards are given to only for one campaign and it is determined by the Company or its applications.
- Rewards may be taxable, depending on the value of the item and according to the tax laws applicable.
- Farmers are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
- Farmers may not assign or transfer any Rewards.
- Company makes no warranty in any respect as to any Rewards within the Program.
Termination
Company may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward. Company may, in its sole and absolute discretion, terminate or suspend any Farmer’s participation in the Program for breach of these Rewards Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. Company reserves the right at its sole discretion to prohibit any Farmer from participating in any aspect of the Program if Company deems or suspects that such Farmer has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rewards Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of the Company to be generally inconsistent with the intended operation of the Program. Any decision Company makes relating to termination or suspension of any Farmer’s participation in the Program shall be final and binding in all respects. Company shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Rewards Terms and Conditions or intent of these Rewards Terms and Conditions.
Release
Except for willful misconduct or gross negligence, by participating in the Program, Farmers release Company, its subsidiaries, affiliates, suppliers, and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.
Indemnification
Farmers agree to indemnify, defend and hold Company and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Farmer of any of these Rewards Terms and Conditions or any violation by Farmer of applicable law.
Governing Law
The laws prevailing in India shall govern these Rewards Terms and Conditions. Farmer hereby expressly consents to exclusive jurisdiction and venue in the courts located in Bangalore, Karnataka for all matters arising in connection with these Rewards Terms and Conditions.
Soil Testing Service – Terms and Conditions
- These Conditions of Sale shall constitute the whole of the contract between the Farmer and The Ergos Business Solutions Pvt Ltd (‘Company’) with respect to the services or products detailed in any order, acknowledgement of order, delivery note and/or invoice which shall apply to the exclusion of any other terms or conditions.
- Soil testing is the capability which Company has introduced with the help of third-party service provider. While we take the complete responsibility using the vendor machines. The accuracy of the result is dependent on the result of the vending machine.
- Services will be invoiced for an amount of 400/-. It will be debited from your account. You should be able to view the result in 48 hours of approval of the debit and you will be notified of the result availability via SMS through your registered mobile number.
- Company will accept no liability of any kind whatsoever (save where and to the extent that such liability cannot lawfully be excluded by express provision to that effect) in respect of any loss or damage arising from the services.
- Company will not accept any liability for decisions made or expenditure incurred on the basis of the information provided in any report or analysis or consequential or indirect loss including loss of profit, business, contracts, revenues or anticipated savings.
- Neither party is liable to the other for any loss arising from causes or circumstances (including but so as not to be exhaustive act of God, fire, explosion, civil commotion, war, expropriation, labour disputes, supervening legislation or act of government) wholly beyond that party’s reasonable control.