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 MEHTA TUBES LIMITED, a Limited
company having it's Registered Office situated at Char Rasta
Nanapondha, Taluka Kaprada, Dist: Valsad(Gujarat) and Head Office at
38, 2nd Pathan street, 5th Kumbharwada, 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 Swift Code no._____ of Company's Bank.
- '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 Authorized 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 realisation.
If not specifically informed in writing by the
Customer/Purchaser, Company will engage space in a ship at the nearest port
of sailing ship for transporting the goods and dispatch the documents
relating to the said goods, namely, Copy of Purchase Order if any, Original
Invoices, Packing Lists, Bill of Lading, Certificate of Origin, Insurance,
by a Courier. Once the documents are dispatched, it will be deemed to be
delivery of goods to the Customer/Purchaser.
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.
All the materials are transported and dispatched at
Customer/Purchaser's risk and the price shall be on the FOB basis and in
currency as agreed between the parties and/or I n US Dollars.
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
Authorised 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.
Customer/Purchaser shall insure the goods for transit
and/or obtain the policy of the effect, failure to do so, the
Customer/Purchaser shall be liable for all the losses and damages, including
of short delivery of goods. Unless specifically ordered in writing, Company
shall dispatch the goods by Ship only, as all the contracts are subject to
carriage of goods to the port of dispatch only, in a Sea-going ship to port
of destination. The Insurer shall be of International repute and shall be in
accordance with maximum cover of price of goods o Board of the Ship at port
of shipment. Customer/Purchaser shall be solely responsible for due
compliance of the legislations, statutes, acts, provisions of law at the
port of destination and/or place taking delivery and indemnified the Company
from all the losses, costs and charges.
The Company shall be entitled for all export benefits,
subsidies, grants, etc. including incentives available for Exports and/or by
Government of India or any other authority under its Exim Policy in force
from time to time.
If the goods are short delivered and/or found to be
damaged in transit, the Purchaser shall immediately lodge a Claim with the
shipping Company and also with the Insurance Company and carry out Survey
without any delay and take open delivery of the goods.
Customer/Purchaser at port of Destination shall ensure
and take measures necessary for Clearance of the goods including payment of
all Customs charges wattage, Port charges, Duties, Taxes and all the levies
as levied by the Government in case of Import of the goods in Country
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.