"Seller/Supplier" in these Conditions of Sale means NIVA TECHNOPRINT PVT. LTD.
"Buyer/Recipient" means such persons, firms, body corporate, Government authority, institution or organization as may buy from the Seller/Supplier.
"Contract Price" means the price at which an order is accepted with such adjustments, which may be necessary in the terms of these conditions.
The words "Product" and "Goods" refer to the subject matter of this invoice.
All quotations whether given specifically or indicated in the current price list are without engagement and are subject to Seller/Supplier's issue of order duly signed.
Prices quoted are subject to withdrawal at any time until the order is so accepted by the Seller/Supplier and thereafter to variations as provided for in these conditions.
If on the date of delivery of any consignment of Goods ordered, the cost to Seller/Supplier of such supply of Goods has increased in relation to such cost on date of acceptance of order by reason of any variation in the cost of raw material, fuel, power, labour, Government duty or levy, insurance, transportation or by reason of any order of the Government or any other competent authority or for any other reason, then the price of such Goods indulged in such consignment shall be increased accordingly and the Buyer/Recipient shall not be entitled to repudiate the contract and shall fulfill his obligation thereunder.
Prices quoted are exclusive of GST, Excise Duty, Sales Taxes, VAT, Octroi and other taxes, duties and levies which may be payable to or demanded by any authority in respect of the Goods and Buyer/Recipient shall pay to the Seller/Supplier in addition to the Contract Prices, such taxes, duties and levies whether the same shall be imposed before or after the delivery of the Goods in relation thereto. If within three months the relevant Sales Tax, declaration Forms for Goods supplied are not received the Buyer/Recipient will be liable to pay balance amount for tax.
If any time in respect of any supply payment be overdue the Seller/Supplier shall be entitled without prejudice to any other legal remedy to withhold further supplies to the Buyer/Recipient. The Buyer/Recipient shall not under any circumstances delay or withhold the payment of the Contract Prices or any part thereof on the ground of Buyer/Recipient's having any claim for any allowance or otherwise, but shall pay in full the amount of Contract Prices and all other money due and such payments shall be a condition precedent to the settlement of any claim by the Seller/Supplier. If the payment is not made within the time stipulated, Buyer/Recipient will be liable to pay interest at the rate of 30% per annum, for the period the amount is outstanding.
The Seller/Supplier may insure against loss, breakage and pilferage, if the Buyer/Recipient so requests at the time of placing the order. The said insurance charges shall be payable by the Buyer/Recipient in accordance with the agreed payment terms.
If the Seller/Supplier be prevented or hindered in manufacturing or delivering the Goods in accordance with the Contract of Sale at specified time or within a reasonable time by reason war, whether declared or not, national emergency, Government's or other competent authorities regulation on controls, acts or demands, scarcity of labour, nonavailabilities of raw materials, transportation, delays, shortage of power, lockouts, floods, civil commotion riots, mutiny sabotage, fire, earthquake, storms or any other Act of God or other unexpected cause, the Seller/Supplier shall be entitled by notice in writing to Buyer/Recipient to cancel the same or any part of the Goods. If there is no such cancellation by the Seller/Supplier the time for delivery shall be deemed to be extended to until the cause of the delay has ceased and for a reasonable period thereafter.
The Seller/Supplier shall be deemed to have fulfilled his obligation under the Contract of Delivery of a quantity within 10% either way of the quantity ordered and Buyer/Recipient shall pay the Contract Price for the quantity actually delivered.
The Buyer/Recipient must test the Product before using in production and satisfy himself that the Product is suitable for the intended use/purpose. The Buyer/Recipient shall make himself aware of the Product and its application by referring to the relevant Product Information sheet available at Seller/Suppliers' Website : www.nivatechnoprint.com or ask for the same from the Seller/Supplier's representative before using the Product in production. Buyer/Recipient shall not hold Seller/Supplier liable for any direct, indirect and consequential loss or damage on account of use of the Product. The warranty does not cover any loss, leakage or damage during transit or storage.
All such claims should be made in writing so as to reach the Seller/Supplier not later than 15 days from the date of dispatch of Goods from the Seller/Supplier's factory or seven days from the date of receipt by Buyer/Recipient, whichever is later. The submission of claim within that period is condition precedent of such claim being maintainable and no complaint or claim whatsoever will be entertained by the Seller/Supplier unless lodged by the Buyer/Recipient within the aforesaid period. Subject to the foregoing, any defective Goods delivered will be replaced free of charge by the Seller/Supplier, if satisfied about defect.
In the event of the Buyer/Recipient filing an application as insolvent or being adjudicated insolvent or entering into a compromise or arrangement with its creditors, the Seller/Supplier may at his option rescind and determine all orders and contracts with Buyer/Recipient.
The Goods shall remain the property of the Company until the invoice amount has been paid in full. Without prejudice to any legal recourse, the Seller/Supplier shall have the right to deal with such Goods or property as he deems fit at his sole discretion, notwithstanding any contract that the Seller/Supplier may have entered with the Buyer/Recipient.
Any dispute arising out of or in connection with this invoice shall be subject to competent Courts of Ahmedabad jurisdiction only.