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Sales of Goods

Definitions

  1. Buyer: means the person whose name appears in the box marked ‘Name & Address of Buyer” overleaf.

  2. Conditions: means the terms and conditions of sale out in this invoice & any special terms & conditions agreed in Writing by the seller.

  3. Delivery: means voluntary transfer of possession of Goods (Whether actual or constructive) from the seller of the buyer at the delivery point.

  4. Delivery Date: means the date & time of Removal of goods specified overleaf or such other date agreed in writing by the seller.

  5. Delivery Point: means, except as otherwise agreed between the seller and the buyer, factory, go down or any other place of storage.

  6. Due Date: means the date if this invoice unless otherwise agreed by the seller.

  7. Goods: means the goods described in the box marked “Description of goods” overleaf.

  8. Value: means the total value for the goods specified in the box marked “total value” Overleaf.

  9. Seller: means “GSQUIRE GENERAL TRADING”, unless & Otherwise provided for.

Conditions Applicable

  1. These conditions shall apply to the contract for the sale of goods herein by the seller to the buyer.

  2. All orders for Goods shall be deemed to be another by the Buyer to pursuant Goods Pursuant to these Conditions.

  3. Acceptance of delivery shall be deemed to be the conclusive of the Buyer’s acceptance of these Conditions.

Payment of Value

  1. Payment of value shall be due on the Due Date not longer than 30 days.

  2. The Seller reserves the right to demand the payment before due date also.

  3. The Buyer shall pay the value to the seller only by the means of Cheques/ Demand Draft/ Pay Order, Payable at par or by electronic transfer or funds the credit of the seller’s account with any designated bank at par account unless otherwise agreed by the seller.

  4. Interest on the overdue invoice shall accrue from the Due Date, from day till the date of payment at a rate of 24% Per Annum or at such other rate or rates of interest as may be revised by the seller from time to time.

  5. If the Buyer fails to make any payment on the Due Date then, without prejudice to any of the seller’s other rights, the seller may (1) suspend or cancel deliveries of any goods due to the buyer, any/ or (2) appropriate any payment made by the Buyer to such of the goods for goods supplied under any other contract with buyer as the seller may in its sole discretion think fit.

Warranty

  1. The seller warrants that the goods will at the time of delivery conform to the stated description. Specification & quantity of the goods overleaf.

  2. In case of any issue with the specifications, these may be notified in writing for replacement within 24 hours from receipt.

Acceptance of Goods

  1. The Buyer shall be deemed to have accepted Goods on Delivery.

  2. After Acceptance of the Delivery of the material, Buyer is not entitled to reject the goods. In case of any nonconformance of the goods to the specification, these should be notified in writing for replacement within 24 hours from receipt.

  3. The seller is not responsible for any consequential damages, whatsoever, arising from the use of the material.

Title & Risk

  1. Title to goods shall pass to the Buyer in Delivery.

  2. Risk in Goods shall pass on to the buyer in Deliver

Seller

  1. The Buyer pay on demand without any demur or protest such sums of money as the seller may pay or that the seller may become liable to pay towards any taxes, duties including any sales-tax together with interest & penalty thereon, payable under Central or any State Act to the Buyer’s failure to furnish a declaration form in the prescribed manner or otherwise.

Discount

Applicable if:

  • no payment (s) is/are due from the buyer to the seller, and

  • no breach of any of the other Condition is committed by the Buyer. 

The seller shall, in accordance with policy of the seller from time pay to the buyer amount or amounts due on account of discount provided, however that the seller may set of such amount or amounts to the buyer against the value and/ or other amount if any due from the buyer.

Arbitration

  1. This contract shall be governed & interpreted in accordance with the laws of India.

  2. In the event of any dispute arising out of or in relation to or touching with this contract the same shall be decided by arbitration in accordance with the provision of the arbitration and Conciliation Act. 1996. The arbitration proceeding shall be held at Kalyan (Mumbai).

Rejection

  1. In case of rejection being agreed upon by us our liability limits up to the value of goods actually returned back to us. No further claim will be considered.

Cylinder Property

  1. In case of printing cylinder being provided by you will be treated as your property “Held in trust” with us return to you subject to clearance of all our due from our factory at your cost. We also reserve the right to demand maintenance charges @ Rs. 500/- per month.

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