GENERAL SALES CONDITIONS
The arbitrators shall decide according to the law and respecting the principle of cross-examination. The award must be decided upon within 90 (ninety) days from the date of acceptance of the last arbitrator. The arbitration site shall be the office of Balaji Marbles, Kolkata, India.
1) Contractual regulations - These general sales conditions, save any modifications or variations agreed upon in writing, goven all sales contracts between us and the purchaser, thus including the contract concluded with the acceptance of this present order as well as any future contract related to the supply of our company’s products ordered with subsequent and distinct commissions. Any variations on the general sales conditions, the transactions and allowances, even if made on the initiative of our Agent, will be binding for us only upon our written confirmation and in any case limited to the contracts to which they refer.
2) Subject of the supply - The supply includes only the services, materials, and quantities specified in our acknowledgment of order or in other written communication sent by us. Should there be any differences in the offer or order, our acknowledgment of order is to be considered the only valid document. Partial processing of the order without our previous acknowledgment does not mean that we have approved the complete order, but rather partial acknowledgment relative to the goods delivered. In this case, reception of the goods shall be equivalent to acceptance on the part of the purchaser of the new contractual provisions.
3) Acknowledgment of order - Should there be any difference in the single items in our acknowledgment or order with respect to the agreements or orders, the buyer who has not made a claim by registered letter sent within two days of receiving the acknowledgment shall be obliged to accept the acknowledgment as it is.
4) Delivery - The goods, even if sent freight paid or free delivered to the buyer’s premises, travel at the risk and responsibility of the buyer; all our responsibility ceases upon delivery of goods to the carrier. After the buyer has inspected the goods, any claims should be made to the carrier. Shipments by sea or by land regarding supplies abroad are made on the basis of the conditions chosen for each specific case as specified in the “INCOTERMS” approved by the international Chamber of Commerce in 1953 and subsequent.
5) Terms of delivery - The delivery date established must be mutually acceptable to both parties. If the material is available in our warehouse, Balaji Marbles, Kolkata, India undertake to ship it within 15 days of receiving the order, therefore no order confirmation will be issued. Unless specific clauses are introduced, this date is to be considered purely indicative and not bin-ding. In the event that the contract is modified, the delivery date is extended for a period equal to that initially agreed upon. Should any event caused by force majeure occur, the terms of delivery are suspended for the entire duration of said event. If, as a result of events of force majeure, the contract con not be executed within 90 days of the date agreed upon, both parties shall be entitled to withdraw from the contract. In such case, the declaration of withdrawal must be sent to the counterpart by registered letter with return receipt within 10 days of the expiry of the aforementioned 90 days, and any indemnity or compensations in excluded.
6) Payment - Payment is to be remitted to our registered office in Kolkata, India even if bills of exchange or bank drafts are issued; any variation to the aforementioned shall be valid only if approved by us in writing. Delayed payment, even if only partial, of our invoices beyond the stipulated due date, shall entitle us to the immediate charge of interest on arrears in the order of the official rate increased by six points. Non-payment or delayed payment of our invoices - for any reason whatsoever - gives us the indisputable right to demand advance payment for the remaining supply, without prejudice of any other action, or to consider the contract suspended or annulled, and to annul the practice of any other contracts that may be in force, without giving the buyer the right to any type of refund or compensation for damages, or other.
7) Solve et repete - No exception, save that of nullity, possibility of annulment, or rescission of the contract, can be posed by the purchaser with the purpose of delaying or avoiding payment.
1) Contractual regulations - These general sales conditions, save any modifications or variations agreed upon in writing, goven all sales contracts between us and the purchaser, thus including the contract concluded with the acceptance of this present order as well as any future contract related to the supply of our company’s products ordered with subsequent and distinct commissions. Any variations on the general sales conditions, the transactions and allowances, even if made on the initiative of our Agent, will be binding for us only upon our written confirmation and in any case limited to the contracts to which they refer.
2) Subject of the supply - The supply includes only the services, materials, and quantities specified in our acknowledgment of order or in other written communication sent by us. Should there be any differences in the offer or order, our acknowledgment of order is to be considered the only valid document. Partial processing of the order without our previous acknowledgment does not mean that we have approved the complete order, but rather partial acknowledgment relative to the goods delivered. In this case, reception of the goods shall be equivalent to acceptance on the part of the purchaser of the new contractual provisions.
3) Acknowledgment of order - Should there be any difference in the single items in our acknowledgment or order with respect to the agreements or orders, the buyer who has not made a claim by registered letter sent within two days of receiving the acknowledgment shall be obliged to accept the acknowledgment as it is.
4) Delivery - The goods, even if sent freight paid or free delivered to the buyer’s premises, travel at the risk and responsibility of the buyer; all our responsibility ceases upon delivery of goods to the carrier. After the buyer has inspected the goods, any claims should be made to the carrier. Shipments by sea or by land regarding supplies abroad are made on the basis of the conditions chosen for each specific case as specified in the “INCOTERMS” approved by the international Chamber of Commerce in 1953 and subsequent.
5) Terms of delivery - The delivery date established must be mutually acceptable to both parties. If the material is available in our warehouse, Balaji Marbles, Kolkata, India undertake to ship it within 15 days of receiving the order, therefore no order confirmation will be issued. Unless specific clauses are introduced, this date is to be considered purely indicative and not bin-ding. In the event that the contract is modified, the delivery date is extended for a period equal to that initially agreed upon. Should any event caused by force majeure occur, the terms of delivery are suspended for the entire duration of said event. If, as a result of events of force majeure, the contract con not be executed within 90 days of the date agreed upon, both parties shall be entitled to withdraw from the contract. In such case, the declaration of withdrawal must be sent to the counterpart by registered letter with return receipt within 10 days of the expiry of the aforementioned 90 days, and any indemnity or compensations in excluded.
6) Payment - Payment is to be remitted to our registered office in Kolkata, India even if bills of exchange or bank drafts are issued; any variation to the aforementioned shall be valid only if approved by us in writing. Delayed payment, even if only partial, of our invoices beyond the stipulated due date, shall entitle us to the immediate charge of interest on arrears in the order of the official rate increased by six points. Non-payment or delayed payment of our invoices - for any reason whatsoever - gives us the indisputable right to demand advance payment for the remaining supply, without prejudice of any other action, or to consider the contract suspended or annulled, and to annul the practice of any other contracts that may be in force, without giving the buyer the right to any type of refund or compensation for damages, or other.
7) Solve et repete - No exception, save that of nullity, possibility of annulment, or rescission of the contract, can be posed by the purchaser with the purpose of delaying or avoiding payment.
