The Purchaser may cancel the order if the Supplier has not confirmed acceptance of the order (confirmation) in writing within 48 Hrs of receipt. If the terms of the confirmation vary from the terms of the order, the Purchaser is only bound thereby if it agrees to such variation in writing, Any amendments or additions or alterations to the order shall only be effective if the Purchaser confirms such in writing
2. Price:
Unless otherwise expressly approved in writing by AIC, the Prices shall remain absolutely firm till the entire execution of the Order and Price Escalation shall not be entertained under any circumstances. Due to implementation of GST, if there are any benefits / cost reduction accruing to the supplier, due to reduction in tax rates and / or increase in the admissible input tax credit, then the same should be passed on by the supplier to us by way of reduction in the selling price.
3. Payment Terms:
Payment will be made as per the terms stated in the order, Payment falls due after the stipulated/agreed credit period from the date of receipt of materials or from the date of receipt of bills, whichever is later. Bills should be submitted within 4 days from the date of delivery. No additional sums shall be payable in respect of variations to the agreement, unless to the extent that the same are the subject of a Purchase Order amendment confirmed in writing by an authorised representative of AIC, Without prejudice to any other right or remedy, AIC will be entitled to set-off any amount due from the Supplier, against any sums payable to the Supplier or recover any such amount as a debt..
4. Delivery:
Delivery time is the essence of this order and must be strictly adhered to. If the Supplier fails to deliver the goods in time, the Purchaser may treat the order as cancelled at any time and recover any loss or damage including any additional cost incurred by for procuring the shortfall of the Products from third parties from the Supplier, The Seller shall notify the Buyer well in advance for any anticipated delay in delivery. Any such notification however will not absolve the Seller from liability for delay of delivery. Purchaser may accept late delivery, subject to a deduction in payment of 1% of the total order price for every week or part thereof of the delay, towards liquidated damages, subject to maximum deduction of 10% of the order price. If the materials are received before the stipulated period prescribed in the order than we have the right to either reject delivery or the same will be stored at the expense of the supplier/seller.
5. Force Majeure:
The Purchaser shall be under no liability for failure to accept the deliveries of goods, if such acts of failure are due to any act of God, fire, earthquake, floods, or any natural calamities or transportation embargoes, civil commotion, riots, violence, acts of terrorists, state enemies, or any other similar reasons or circumstances beyond the control of the Purchaser, Such occurrences shall be informed in writing by the Supplier.
6. Packing:
Goods supplied against the order must be properly packed and dispatched conforming to special instructions, if any, given for safe transport by road/rail/air/water to the specified destination. In case of dangerous goods, the Supplier shall submit details of packing and transportation plan to Purchaser for confirmation prior to shipment.
7. Acceptance of Material:
Material will be accepted subject to inspection and must confirm to Buyers design, drawing, specification and / or approved samples if good supplied are found to be unsatisfactory for any reasons whatsoever of which the Buyer shall be the sole judge the buyer shall without prejudice to his other rights is entitled to reject such material and to cancel the order notwithstanding the initial acceptance. The Seller shall endeavour to supply the goods as per specification mentioned in the Purchase Order and material should conform to latest Indian Standards, it should be new, merchantable quality, fit for their intended purpose and should be in line with “Quality Assurance Plan”, Supplier should send internal specification report / Test report/Certification of Confirmation along with the material dispatched. In case, the Seller requires or wants to carry out any change/s, minor or major, in the specifications mentioned in the Purchase order, it shall notify the Buyer calling upon it to give its written confirmation and approval. Only upon approval from us, changes can be carried out in the product by the Seller. If no prior approval is taken from us and if at any point of contract or order, buyer raises a claim for non- conformance of compliance or specifications, then it will be completely & entirely to Seller's account and Seller shall be liable to compensate us with 100% costs of the product in respect of which claim has been raised.
8. Defective Material:
The supplier will ensure immediate replacement at site against any defect of material or workmanship which is not as per specification mentioned in the purchase order or annexure. All defective goods must be collected by the seller from our factory within one week and packing, octroy, freight, handling costs and / or other cost involved for taking back such rejected material shall be borne by Vendor. Failing of which the goods will be held by us at the supplier's/ sellers risk and cost. In such an event we shall not be liable for any deterioration or further loss and / or damage to the supplier's/ sellers goods.
9. Warranty:
Products supplied by the Vendor should be guaranteed against any defects in material, workmanship, Design, drawings, specifications, quality standards and same shall be in accordance with the technical specifications. The Warranty Period of the Products shall be as mentioned in the Specific Terms. During the Warranty Period, if any defect/ failure observed in the products supplied by the Vendor, then the Vendor shall repair/ replace the Product within 7 days from the date of receipt of such complaint.
10. Insurance :
Unless and otherwise specified transit risk for materials by Rail/Road or otherwise will be on Seller account, Seller will directly lodge any claim and receive the cost from insurers, transporters, etc. Buyer will make payment against the bill only on receipt of goods in good condition.
11. Subcontracting to Third Parties:
Subcontracting/assigning to third parties shall not take place either in whole or in part without the prior written consent of the Purchaser, which the Purchaser may grant or deny as per its discretion and violation of same shall entitle the Purchaser to cancel this order in whole or in part and claim damages.
12. Invoice:
The Sales Invoice generated by the supplier against this order shall be in accordance with the provisions of the GST Act and the Rules made there under. Goods should be delivered under e-way bill, to be generated online by the supplier on the GST portal, failing which the buyer shall have the right to reject the goods so delivered. The Invoice / Challan relating to each supply must be submitted with Original for Recipient and Duplicate for Transporter copy and must mention, Our order No. and date, full description of the material Our Article No., Supplier's / sellers challan no. and date under which the goods were supplied, Carrier's lorry receipt or consignment note no. and date. Gross weight, tare weight and net weight of the material supplied.
13. Bribery And Corruption:
The Supplier hereby warrants that it will not, directly or indirectly, and it has no knowledge that other persons will, directly or indirectly, make any payment, gift or other commitment to its customers, to government officials or to agents, directors and employees of AIC or any other party in a manner contrary to applicable laws, and shall comply with all relevant laws, regulations, ordinances and rules regarding bribery and corruption, Nothing in this Contract shall render AIC liable to reimburse the Supplier for any such consideration given or promised. Supplier will not passively, nor directly or indirectly violate the basic human rights of employees and will not engage any child labour.
14. Publicity:
Neither Party shall use the name of the other in connection with any advertising or publicity materials or activities without the prior written consent of the other Party. The Seller / Service Provider may, with the prior written consent of AIC, include AIC’s name on the Seller / Service Provider’s customer list and may describe briefly, and in general terms, the nature of the work performed by the Seller / Service Provider for AIC, provided the wording is agreed with AIC in advance.
15. Jurisdiction:
All disputes with regard to this transaction are subject to Indian law at Valsad Jurisdiction.