All goods are sold or agreed to be sold by UNITED SPECIALITIES Private Limited (hereinafter to as the seller) subject to the General conditions of sale ad Delivery herein contained (hereinafter to as the said conditions) which override any other terms and condition stipulated or referred to by the buyer whether in the order or any document issued by the Buyer. Once goods covered under this invoice are delivered, it is deemed that the conditions mentioned herein are accepted by the buyer
If any time, any of the terms & conditions of Purchase stipulated by the Buyer whether contrary to the said conditions or not are adhered to, it will be done without creating precedent to suit the convenience of the Seller.
The Seller reserves the right to change, alter, amend, substitute or add to all or any of the said conditions for any one or more sales.
ACCEPTANCE OF ORDERS
The company reserves the right to decline to accept any order without assigning any reasons.
The goods are invoiced at the price ruling on the date of delivery. Unless otherwise stated, all prices quoted are net. GST is charged extra.
Where at the Buyer's request, the Seller undertakes urgent delivery, the seller reserves the right to make an exceptional charge for carriage or such delivery.
The Seller may at any time before delivery, vary the price of the goods by notice to the Buyer, The Buyer may within one week of receipt of such notice cancel the order for the Goods, but it delivery of the Goods is to be made by instalments the Buyer shall be entitled to cancel the order only for undelivered portion of the goods.
Unless otherwise agreed, payments for the Goods shall be made before the delivery.
Payment shall be deemed not have been made until any / all cheques, drafts and bills by which payment is to be effected have been cleared or honoured (as the case may be).
Buyer shall pay interest at the rates stipulated in the invoice on all outstanding amounts from the due date of payment till receipt by the seller. The Buyer acknowledges that any action or omission on the part of the Seller to enforce this stipulation for whatever reason, shall not amount to a waiver of Seller's rights hereunder or as a course of conduct varying the terms of the said conditions.
The Buyer agrees not to withhold a part or the whole of the payment of any invoice for the goods already supplied of the ground of not / short supply by the Seller of goods under any order or invoice.
Goods will be delivered as quickly as possible. The Seller will not be liable for any loss or damage due to delay/ non-delivery of goods.
The goods shall be at the Buyer's risk from the time of dispatch or where the Buyer undertakes to collect, when the goods are made available for collection by the Buyer at the seller's premises.
Where the seller undertake carriage.
The buyer shall advise the seller in writing of any non-delivery of the whole or any part of any order within 7 days of the date of the seller's invoice thereof
The buyer shall inspect the goods forthwith on delivery. All claims for shortages or defects apparent on inspection of the goods shall be notified to the Seller in writing within Seven days of delivery.
RETURNS FOR CREDIT OR REPLACEMENT
The returns of goods by the buyer for credit or replacement will not be accepted by the seller without the seller's prior written authorization and then only if the goods are in saleable condition of which the Seller shall be the sole judge. Where goods so returned are accepted by the Seller, it shall be for the Seller, in its absolute discretion, to determine whether to give credit or a replacement of the goods.
The seller warrants that the goods are manufactured with all reasonable care and the skill and where applicable comply with the standard specifications.
The seller has only tested the goods as per the certificate of analysis attached along-with this invoice. If no COA is required by the purchaser then the goods have been tested as per standard testing methods followed by the seller. The seller shall not be responsible for any specific tests over and above the standard tests carried out by the seller.
It is recommended by the seller to the buyer to carry out all relevant tests on product specification and application by the buyer to their satisfaction before use of the product.
The seller shall not be liable for any 3rd party claims raised as a result of using the goods.
It is recommended by the seller that all specifications be tested by the user prior to use. Any defects must be communicated in writing to the seller within 7 days of receipt of goods.
Seller makes no warranty of any kind express or implied on the use of the material and assumes no responsibility whatsoever for any personal injury, property damage or other type of loss resulting from the use or handling of the product. The user assumes all risks for use and handling whether in accordance with direction or not.
The applications, use and/or processing (where permitted) of the goods is the absolute responsibility of the buyer. Any technical and other advice, information and data provided by the Seller, whether verbally, in writing or by way of tests or trials, is given without warranty.
The Buyer shall be deemed to have carried out its own examination, Investigation and tests to ensure the suitability of the goods for their intended purposes and applications
Claims concerning the quantity of goods will be considered if the Buyer makes the same to the Seller within a period of 7 days after the date of the receipt of goods by the Buyer. If the Buyer proves that he has sustained any loss due to deficiency in the quality of goods supplied. The Seller's liability, if any to the Buyer shall be limited to the total value of the goods actually used by the Buyer to be calculated on the basis of the price at which such goods are sold to him.
Submission of a claim does not absorb the Buyer from the obligation to pay price and services, if any, due to the Seller. The seller may at this option, require the Buyer to pay all his dues to the seller before his claims are considered by the Seller.
The seller retains the right to change specifications of the product from time to time or as required.
The maximum liability of the seller shall at no time exceed the total value of the goods supplied.
RETENTION OF TITLE
Notwithstanding delivery and the granting of credit, the goods (so long as they remain identifiable as such Goods) remain the absolute property of the Seller until payment of all amounts invoiced by the seller to the Buyer and outstanding from time to time or until the goods are (where permitted and appropriate) processed or re-sold by the Buyer whichever shall first occur and until such time as the property in the goods passed to the Buyer hereunder, the Buyer shall hold the goods in a fiduciary capacity.
The Buyer shall keep and maintain the goods in a good and stable condition (at no cost to Seller) and agree to store the goods until they have been paid for or processed and/or re-sold in the normal course of the Buyer's business in such a way that they are readily identifiable as the property of the seller.
At any time until the goods have been paid for and without prejudice to any other remedies, the Seller or its agents shall be entitle immediately, after giving notice of its intention to do so to enter upon the premises of the Buyer with such transport as may be necessary and re-possess any goods to which it has title hereunder.
Nothing in this clause shall counter any right in the on the Buyer to return goods supplied hereunder or to refuse or delay payment thereof unless otherwise agreed in writing.
No warranty of representation is given by the seller that the goods do not infringe any Letter Patent. Trademarks, Registered Design, Copyright other intellectual property rights.
The Validity, construction and performance of the contract shall be governed by Indian laws. The Courts of Mumbai or at Seller option the Court in the town having Seller's office or at Seller option any one other appropriate Court shall have Jurisdiction in respect of any dispute or difference arising between the Buyer and the Seller regarding the contract for the sales of the goods, the subjects matter of the contract or any matter arising out of the same or incidental thereto.
This certificate of analysis only covers application and strength evaluation. It does not cover any analytical aspects of the product. It is recommended to carry out your own tests. Any discrepancies must be brought to our attention within 7 days of date of deliver. Post this period it is assumed that the products comply with your specifications.
Regarding the substances of high concern or restricted substances none of them are used or intentionally added for the manufacture of our products. Raw materials used in our manufacturing process have not been tested by us and we rely on the certification of our suppliers. However their presence as traces hasn’t been analysed and contamination from the environment cannot be completely ruled out.