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Terms & Conditions
 
 
GENERAL TERMS AND CONDITIONS OF SALE - AGRI FARM CORPORATION
These General Terms and Conditions shall apply to all offers made and all agreements concluded by Agri Farm Corporation, hereinafter to be referred to as "the Seller". Any Terms and Conditions of Purchase of the Buyer and any deviations from these General Terms and Conditions shall apply only if and insofar as they have been expressly accepted in writing by the Seller. Verbal commitments shall be binding upon the Seller only if and insofar as they are confirmed in writing by the Seller.

Offers and orders
All offers made in any form by the Seller shall be free of obligation, unless explicitly stated otherwise. The Seller shall be entitled to withdraw its offer within eight (8) working days after receipt of the acceptance of the offer.
If the Buyer places an order, which has not been preceded by an offer from the Seller, the latter shall only be bound if it confirms the order in writing within eight (8) days or if it commences carrying out the order within eight (8) days.
The Seller shall at any time be entitled to alter the Goods, specifications and instructions for use to improve them or to comply with applicable standards and governmental regulations.
Unless otherwise agreed to in writing, prices are based upon delivery and are exclusive of sales tax (VAT).
Prices quoted shall apply to the quantities quoted only.
Upon the occurrence of cost increasing factors prior to delivery of the Goods, the Seller shall be entitled to increase the prices for the Goods accordingly. Such cost-increasing factors shall inter-alia include an increase in the price of raw materials or any (additional) taxes or duties imposed by any government. If the price increase exceeds ten percent (10%) of the original invoice value, the Buyer shall be entitled to terminate the agreement within three (3) working days after the price increase has been communicated to the Buyer, but in any case before delivery, failing of which the price increase shall be deemed accepted. Any termination by the Buyer in accordance with this Clause shall not result in any liability for the Seller.
Delivery
Unless otherwise agreed to in writing, delivery shall be Ex Works/ex warehouse of the Seller. From the moment of delivery, the risk of loss or damage shall pass to the Buyer, even if title to the Goods has not yet passed.
The time for delivery or any other performance date shall not be of the essence. Therefore, in the event of late delivery, the Seller must be formally declared to be in default and must be granted an additional reasonable term of at least ten (10) working days to satisfy its obligations. If the extended term is exceeded, the Buyer shall be entitled to dissolve the agreement insofar as no deliveries have taken place. The Seller shall not be liable for any damage resulting from any late delivery. Working days are Monday to Friday, excluding Indian public holidays and all days designated as a holiday by the Seller's management or in the Seller's terms of employment.
Unless otherwise agreed to in writing the Buyer shall promptly collect the Goods or arrange for their collection from the Seller once the Seller has notified the Buyer that the Goods are ready for collection. If the Buyer refuses to take prompt delivery or is negligent in providing necessary information or instruc-tions for delivery then the Goods will be sto-red at the Buyer's risk. The Buyer shall pay the Seller all additional delivery, storage and insurance costs and any other costs incurred along with any loss arising in connection with this neglect or refusal.
Packaging
All returnable packaging materials for the Goods will remain the Seller's property and shall be returned to the Seller at the Buyer's expense, unless indicated otherwise by the Seller.
The Seller will charge the Buyer at the Seller's prices valid at the time of delivery of the Goods for any packaging materials which have not been returned to the Seller in good condition within three (3) months from such delivery.
Payment
Unless the parties agree otherwise, 50% Payment is to be made on booking and the remaining 50% before the shipment of the goods.
Upon expiration of the term of payment, the Buyer shall be in default and, as of that date, it shall owe interest at a 12%.
If the Buyer fails to meet any of its obligations, all extra-judicial costs reasonably incurred to obtain such payment shall be at the Buyer's expense. Such costs shall in any event include the costs of collection agencies, process servers and attorneys. These costs shall amount to no less than 15 percent of the out-standing amount.
Where a court fully or substantially awards judgement against the Buyer and its decision has become final, the Buyer shall be under a duty to reimburse the Seller for all judicial costs incurred at trial and appellate levels, including any amounts not awarded by the court.
Retention of title
The Seller shall retain title to all Goods delivered or to be delivered to the Buyer until the Seller has received payment in full of the purchase price of the Goods, the fees for any work done in relation to any sales agreement concluded with the Buyer and any other costs and/or damages resulting from a breach by the Buyer of any such sales agreement. All costs incurred by the Seller in repossessing the Goods shall be paid by the Buyer.
During such time as the Seller retains title to the Goods, the Buyer in possession of the Goods shall have the power to deal with and actually deliver the Goods in the normal course of its business.
Force majeure
The Seller shall not be liable for any damage incurred by the Buyer in case of improper performance if this is due to the occurrence of events which cannot be attributed to the Seller on the basis of either the Seller's fault, or by virtue of law, agreement or generally prevailing opinion ('force majeure').
If the period during which the Seller cannot fulfil its obligations exceeds or will exceed two months, either party shall be entitled to termi-nate the agreement without judicial interven-tion and without any obligation to pay dama-ges to the other party.
If the Seller has performed part of its obliga-tions when the situation of force majeure ari-ses or if it can only perform part of its obliga-tions, it shall be entitled to separately invoice the Buyer for the partial performance and the Buyer shall be obliged to pay such an invoice as if it concerned a separate agreement.
Within the meaning of this Article, force majeure shall include strikes, disturbance or interruption or termination of supply of any raw materials, semi-manufactured article or end product, machine failure, failure to obtain any required permits, licenses and/or authori-sations, delays in deliveries by suppliers and transportation problems. These circumstan-ces shall constitute force majeure for both the Seller and its suppliers.
Complaints
Upon receipt of the Goods, the Buyer shall be obliged to inspect the Goods for visible defects. The Buyer shall in particularly exa-mine whether the correct Goods have been delivered and whether the quantity of the deli-vered Goods conform to that agreed upon.
Visible defects must be reported to the Seller in writing within two (2) working days after delivery. Defects that are not visible upon receipt must be reported to the Seller within two (2) working days after discovery or within two (2) working days after the Buyer should reasonably have discovered the defects.
If the complaint is justified, the Seller shall eit-her replace or repair the defective Goods. If the Seller finds that it should not be required to replace or repair the Goods or that such replacement or repair is impossible, the Seller shall credit the purchase price to the Buyer in as far as pertaining to the defective Goods. The Seller may require the Buyer to return the defective Goods at the Seller's cost.
Even if the Buyer complains in a timely fas-hion, it shall remain obliged to pay for and take receipt of all orders placed. The Buyer is not allowed to suspend any of its obligations towards the Seller.
The Seller shall take all reasonable ende-avours to ensure that delivered Goods are identical to the quality requirements indicated in the documentation presented to the Buyer. However, variations in strength, tear resi-stance, thickness which are considered by the trade to be permissible or are technically unavoidable will not qualify as defects. [All disputes about whether Goods are defective within the meaning of Clause 7.5. shall be settled by means of binding advice by an expert, appointed by the parties.
Services to be performed
If the Seller commits to more than the delivery of the Goods, the Seller shall take all reasona-ble endeavours to perform the additional ser-vice in the best possible manner but shall under no circumstances guarantee any spe-cific result of the service to be performed.
If the parties agree that the Seller will process or convert any semi-manufactured articles for the Buyer on site of the Buyer, the Goods and the work to be performed will be deemed to be delivered separately. Unless otherwise agreed to in writing, delivery of the Goods shall be Ex Works (Incoterms 2000). From the moment the Goods arrive at the Buyer's pre-mises, the risk of loss or damage shall pass to the Buyer, even if title to the Goods has not yet passed. The Seller shall be entitled to the product price as of that moment. If the work cannot be performed (completely) due to perishing of the Goods, the Seller shall be entitled to a compensation for the work alre-ady performed.
If the Seller has agreed to perform work on a fixed price basis, the Seller is allowed to charge "additional work" (meerwerk) in case it has performed more work than the work agreed upon. If the Seller has made a quote regarding the hours spent performing the work, that quote will be regarded a s an esti-mate only. If the Seller has spent more hours than the hours quoted, the Seller will be allo-wed to charge those extra hours. All prices are exclusive of sales tax (VAT).
Upon receipt of the services, the Buyer shall be obliged to inspect the services for defects and deficiencies and shall ensure that the result of the services conform to the objective of the relevant agreement. In the event the Buyer installs the Goods in whatever manner prior to having conducted the aforementio-ned tests, the Buyer shall do so at its own risk. Visible defects must be reported to the Seller in writing within two (2) working days after the date of completion of the services. Defects that are not visible upon receipt of the services, including the defects which are evi-denced or reasonably can be evidenced by means of the aforementioned tests to be con-ducted prior to installation of the Goods, must be reported to the Seller within two (2) working days after discovery or within two (2) working days after the Buyer should reasona-bly have discovered the defects.
If a complaint is justified, the Seller shall be obliged to re-perform the defective services. If the Seller finds that it should not be required to re-perform said services or that such re-performing of the services is impossible, the Seller shall credit the price received regarding the respective services to the Buyer. The Seller shall in no event be obliged to re-per-form the services if the damage is the result of normal wear and tear or is a result of circum-stances attributable to the Buyer.
Liability
The Seller shall only be liable on the basis of an improper performance of any obligation or on the basis of wrongful act or tort, up to the amount invoiced or to be invoiced for the Goods or the services to be performed, or the performance of the obligation, from which the damage arose. The Seller will be liable for any act or omission of its employees only if and to the extent that the damage is covered by the Seller's insurance policy and the insurer pro-ceeds to payment.
The Seller shall not be liable for consequential damage, including but not limited to damage resulting from late delivery, damage resulting from any incorrect and/or incomplete infor-mation originating from the Buyer, damage resulting from incorrect or improper use of the Goods by the Buyer, loss of turnover and loss of profit.
The liability limitations set forth in these General Terms and Conditions shall not apply if the damage was caused intentionally by or due to gross negligence of the Seller or its executive management.
Any claim for damages or for the repair or replacement of the goods and/or the delivery of the missing part, on whatever basis, as well as any right to dissolve the agreement, shall lapse if the defect or the damage is reported too late or one (1) year after the delivery, whi-chever occurs first, unless a different time period has been agreed.
The Seller shall exercise due care in giving advice concerning (the use of) the Goods, but can never be held liable for any damage that might ensue from such an advice.
Default
The Seller shall be entitled to suspend any (further) performance of the agreement or to dissolve the agreement, without prejudice to its right to claim alternative or additional damages or if the Buyer is granted a suspen-sion of payments or is declared bankrupt, if the Buyer defaults in complying with one or more of its obligations to the Seller or if the Seller fears that the Buyer is or will be unable to meet its obligations under the agreement and the Buyer fails to offer adequate security for the performance of its obligations.
If one of the events referred to in this Article occurs, all claims it may have against the Buyer on whatever basis will immediately become due.
Applicable law and disputes
All disputes arising or in connection with any agreement existing between the Seller and the Buyer or future contracts resulting the-refrom, shall be covered under The Bangalore Jurisdiction.
Warranty
10 year warranty is provided on the body and liner only.However the warranty is not valid in case of intentional damage to the tank and in case of occurrence of a natural calamity/disaster.
Unless otherwise specified the tank is suitable for the storage of drinking water only
 
 
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