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GENERAL CONDITION OF SALE |
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sales and transaction entered into by Thomas Baker (Chemicals) Ltd. ("Seller")
for "Thomas Baker" brand of chemicals and reagents shall be
subject to the following General Conditions of Sale except where other
specific terms have been agreed. The terms and conditions as stated herein
are subject to change. Issuing purchase order for the Seller's products
will be construed as Buyer's consent to the Seller's terms and conditions,
irrespective of the Buyer's own conditions of purchase. |
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| ORDERS |
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For all orders accepted, Seller will arrange prompt dispatch. For
items which may not be readily available, Seller will intimate the probable
delivery schedule and if acceptable to the Buyer, dispatch would be made
accordingly. The Seller reserve the right to the acceptance of order where
(a) delivery may not be possible due to transportation barriers, (b) items
ordered may not be available in ready stock and are in short supply, (c)
restrictions have been imposed by authorities for export and / or import
by respective countries of dispatch / destination. |
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| PRICES |
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All prices are indicated in our price list are wholesale prices. All
prices are quoted in American Dollars per unit on FOB Mumbai Port basis.
All prices are exclusive of any tax, customs duty, import tariff, value
added tax. Prices quoted in this list are subject to fluctuation without
notice. The Sellers reserve the right to accept the order at their own
descretion and to invoice the goods at the prevailing prices on the date
of delivery/dispatch. Prices include immediate container and export seaworthy
over packaging. Our stockists, agents and dealers are free to resell the
goods at their own prices. |
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| QUOTATION AND ORDER ACCEPTANCE |
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For all enquiries and requests received, the Seller will provide quotations
as per prices ruling. Quotations can also be provided for non-listed items,
bulk quantities and bulk packings. Orders received by telephone, fax or
electronic data exchange shall be binding only after we have issued written
confirmation of the same. The Seller will accept orders from government,
educational and commercial organisations only. Orders placed by private
individuals shall not be entertained. We reserve the right to deliver/alter
our standard package size or type in the likely event of the standard
package size or type not being available at the time of dispatch. All
orders are accepted subject to Force Majeure |
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| SHIPPING AND DELIVERY |
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For all consignments sold on FOB basis, the risk passes to customer
as soon as the goods leave our premises. This is also applicable when
delivery is made by our own transport service. If the delivery is postponed
for any reasons, storage of the goods in our own or third party warehouse
shall also be at the customer's risk and responsibility. On intimation
to the Buyer concerning the readiness of the goods for shipment on FOB
basis, the Buyer must ensure full insurance cover for any loss or damage.
For orders on C & F basis, the Buyer must ensure full insurance cover
from the time of delivery or dispatch from our premises. For consignments
on CIF terms, the risk passes to the Buyer on arrival at the destination
point. Where possible, shipments shall be made as per specified method
of the buyer. However, the Sellers reserve the right to change the same
depending on existing regulations. A special charge shall be levied to
meet customised demand regarding special packaging and method of dispatch.
While the Sellers endeavour to supply goods within specified schedules,
the Seller cannot guarantee a fixed time of delivery. If delay in delivery
is caused by circumstances beyond the control of the Seller, the time
of delivery shall be extended by a reasonable period except where it becomes
impossible to supply the goods. |
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| PRODUCT QUALITY AND PACKAGING |
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All products are analysed in Seller's QC Laboratory. The purity of
Seller's products is defined in Certificates of Guarantee, Analysis and
Specification, which are printed on product labels. Certificates of Guarantee,
Analysis and Specifications shall be provided by the Seller on specific
request of the customer. Such certificates shall be provided free of cost.
Purity definitions and typical specifications of all products can be supplied
on request. Specifications are subject to change and minor variation from
any value listed therein should not be cause of dispute. While every effort
and utmost care is taken to meet the requirements of quality and exact
specification and to ensure that all data are correct, Seller cannot assume
any responsibility for their accuracy. Our packaging is done under stringent
quality control measures and strict adherence to label specifications. |
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| COMPLAINTS AND WARRANTY |
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All chemicals listed in the price list are for LABORATORY USE ONLY.
The Seller assumes no responsibility in respect of the usage of our
products in medicinal, pharmaceutical, agricultural, food household
or cosmetic applications unless specifically agreed by us prior to delivery.
The Seller has no liability and is not responsible for any loss or damage
whatsoever arising out of use / or handling of its products.
All complaints
concerning quantity and wrong deliveries must be made to Seller within
14 days from the date of receipt of the goods. The Seller shall replace
all goods and / or refund the purchase price of such goods which are
proved to be wrongly supplied. Claims concerning breakage should be
notified to the transport / insurance company.
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| PAYMENT CONDITION |
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For all purchases, payments are to be made in advance for 100% invoice
value or made through a confirmed, irrevocable letter of credit opened
in Seller's favour by any prime bank. Letters of credit to be payable
at sight at the counters of Seller's bank.
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| ARBITRATION |
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All disputes and differences which may arise out of contractual commitments
shall be settled in accordance with the Indian Arbitration and Conciliation
Act, 1996 and amendments upto date by a sole arbitrator agreed between
the parties. The venue of the arbitration shall be at Mumbai, India. Courts
at Mumbai, India alone shall have jurisdiction over the arbitration proceedings. |
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