All enquiries and correspondence etc. to be addressed to the company G.P. Industries to our Regd. Office :
R 5-6, Mahesh Nagar, Ambala Cantt.
These standard conditions of sale shall prevail in any tender, quotation or pro-forma invoice submitted by us and in any purchase order, which results notwithstanding any variances submitted by the purchase. These conditions shall not be deemed or construed to be rescinded, modified, cancelled or waived in whole or part except by written agreement between the purchaser and us.
Unless otherwise stated, prices shown in any of our published catalogues or price lists are “ex works” and are believed to be correct at the date of issue but are liable to subsequent alteration without notice.
While every effort is made to adhere to quoted or required delivery dates, lateness or failure in delivery shall not entitle the purchaser to cancel any contract or hold up any payment. We shall not be under any liability for any loss, penalty, injury or damage caused by or consequent upon any delay in delivery or non-delivery from any cause whatsoever. Dispatch offered ex-stock is subject to the goods being unsold at the time the purchase order is received.
5.ERRORS AND OMISSIONS
Where these any occur in any tender, quotation, invoice, publication or commercial document issued by us they are subject to correction without penalty or prejudice.
6.CANCELLATIONS OR AMENDMETS
While every effort is made to meet the purchaser’s particular requirements we shall be under no obligation to accept cancellations or amendments to any order or any part of an order.
Illustrations, specifications and descriptions of goods in our catalogues and other literature are believed to be correct at the time going to press. However, due to constant improvements designs and specifications are subject to alteration without notice and the right is received to fulfill orders by goods of the altered design or new source of supply.
Units sent to our office for repair must be consigned carriage paid, accompanied by written statement giving the name and address of the sender and relevant information about the repair. We shall submit and estimate of the cost of the repair and the confirming order must be received by us before the work is done. No responsibility for loss of or damage to goods in transit to our premises is accepted.
9.WARRANTY AND RESPONSIBILITY
We warrant equipment and material manufactured by us to be in accordance with our certified specifications and to be manufactured to the highest standards. Provided any installation, user, storage, operating or maintenance instructions issued by us have been duly observed, we warrant that any goods or parts of goods returned to us, carriage paid, within twelve months of the date of dispatch by us, accompanied by particulars of the alleged defects, and proven our satisfaction to be defective by reason only of our use of defective materials or by reason only of our use of defective materials or by reason only of defective workmanship, will be replaced by us under the same conditions as the original goods or at our option repaired and in either case free of change to the purchase. All other warranties, guarantees and conditions, other than those expressly stated in our written offer or confirmation, whether implied by common law, statute, custom of the trade or otherwise, shall be expressly excluded.
10.LIMITS OF CONTRACT
Our tender, quotation or pro-forma invoice includes only such goods, accessories and work as are specified there in.
11.LAW AND ARBITRATION
The construction and validity and performance of the contract or order shall be governed by the law of India and all disputes which may arise under, out of, in connection with, or relation to, the contract or order shall be submitted to the arbitration of the Ambala Court of Arbitration under and in accordance with its rules at the date thereof. Service of any notice in the course of such arbitration to the purchaser’s address as given in the contract or order shall be valid and sufficient.
Unless otherwise agreed in writing, we reserve the right to make a charge for carriage irrespective of the mode of delivery when a carriage charge is made it will be shown on the invoice at cost.
13.PAYMENT TERMS FOR EXPORT ORDER
Payment terms for export orders will be stated in our pro-forma invoice, quotation or tender in respect of each transaction.
- Quotation or pro-forma invoices submitted on an FOB basis are, unless otherwise specified, for delivery to new Delhi shippers. We reserve the right to charge extra for deliveries to docks or airport other than New Delhi.
- Quotations or pro-forma invoice submitted on a C&F basis include all cost as for FOB offers plus dispatch charges which include customs entry, Bills of Lading and agency fees. Freight costs to the designated port or airport of destination are also included.
- Quotations pro-forma invoice submitted on a CIF basis include all costs as for C&F offers plus insurance of the goods to the designated port or airport of destination.
- Charge of any other special documentation including Certificates of Origin and Consular Invoice will be extra unless specifically stated by us in written to the contrary.
Our FOB and C&F or CIF prices include for packing suitable for delivery to export destinations via surface or airport or surface airfreight. Where any addition or special packing is required we reserve the right to charge any additional cost. Unless otherwise agreed in written, no allowance or refund will be made for packing materials returned to us.
when we state a dispatch or delivery time on our tender, quotation or pro-forma invoice, acknowledgment of order etc.., this is the time we estimate within which we can have the goods ready packed for shipment (please refer to condition 5), where the purchase order requests us to apply for shipping instructions, for delivery must be furnished to us within 30 days after the date of notification that they are ready for dispatch, the purchaser shall take delivery or arrange for storage. We shall be entitled to arrange storage either at our premises or elsewhere or else on the purchaser’s behalf and all charges for storage, for insurance or for demurrage shall be payable by the purchaser.
17.LOSS OR DAMAGE IN TRANSIT
- We accept no liability for breakage, loss or damage in transit, and all goods shall be at the risk of the purchaser or his consignees from they leave our premises.
- Only if we are specially instructed to consign the goods CIF will we insure them for and on behalf of the purchaser. In which case, unless we are given specific written instructions otherwise, goods will be insured for 100% of their CIF value against “All risk”.
- Any Claims against such insurance are to be made by the purchaser or his consignee in conformity with the terms and conditions contained in the related Certificate of insurance.
- We shall not be obliged to claim in respect of loss or damage but will co-operate fully with the purchaser in pursuance of his claim.