Guidelines for the users |
| 1 |
The contract for the supply of the goods noted overleaf is as between Principal and Principal. |
| 2 |
If the delivery is stipulated for more than 1 month the goods are to be shipped unless otherwise agreed upon propotionately in each month. Each of the shipment month is to be considered as a separate contract. |
| 3 |
Unless otherwise agreed upon in writing the sellers will be at liberty to supply the goods in usual designs & colours as per best choice of the sellers. |
| 4 |
A latitude of 5% is allowed. |
| 5 |
The buyers agree to accept sellers bills drawn through bank on presentation & to pay for the same on maturity.
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| 6 |
Any claim or complaint about quality, design, finish colour regarding any shipment will have to be made by the buyers within 15 days from the date of arrival of the consignment at the destination port/airport. No claim or complaint on the expiry of the said period will be entertained by the sellers.
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| 7 |
Every attempt will be made to settle the claims amicably if found justified failing which the matter will have to be reffered for arbitration to any recognised chamber of commerce and the award made as a result of such reference will be final and binding on both the seller and the buyer. The cost of such reference will have to be borne by the party making the reference but will be reimbursed by the party against whom the award is made.
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| 8 |
The sellers will have hold over the goods until the goods are paid for or if the buyers fail to accept the bill drawn on them by the sellers in respect of any consignment on presentation of the documents by the bank and/or to pay for the same on maturity the sellers will be at liberty; to dispose of the goods in any manner at their discretion. The buyers will be responsible & liable to reimburse the sellers for any loss or shortfall suffered.
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| 9 |
Sellers responsibility ceases as soon as the consignment leaves the sellers warehouse.For any loss or damage suffered by the consignment in transit the buyers will have to lodge their claim with the carriers &underwriters.The buyers should get the consignment duly surveyed by the carriers in case of damage or loss in transit before taking delivery of the goods from the carriers warehouse at destination. The survey is essential for getting settlement of claim by the carriers.
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| 10 |
If however the damage or loss be not apparent at the time of taking the delivery of the consignment from the buyers should arrange for insurance survey at their godown without delay.
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| 11 |
The contract is subject to Force Majeure occassioned by war, lockout, strikes at factories where the goods are processed labour troubles, public calamities such as cyclone, frost, earthquake, floods, fire, famine & any other acts of god over which there is no human control, restriction on exports/imports put by Government of either the exporting or importing country.
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| 12 |
Date of shipment mentioned in the Bill of Lading/Airway Bill and postal receipts as the case may be should be accepted as date of shipment.
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| 13 |
If the buyers fail to accept the bills drawn on them by the sellers on presentation or to retire the same on maturity the sellers reserve the right to cancel the balance.
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