Terms and Conditions

 Definition:  Terms & Conditions of Sale  

Seller: M/s. G. J. Traders  

Buyer: The party purchasing the goods from the seller

Terms of sale:  

1.  The below terms and conditions replace all the earlier terms and conditions discussed or informed verbally or by writing by Seller or Buyer.  

2.  Goods are supplied on as-is-where-is basis. The responsibility of checking and verifying the quality or features of the product strictly lies on the Buyer.  

3. Quality claims cannot be made by the Buyer once the material is dispatched. For natural products like Spices and its variants, there is a possibility to get  the quality depreciated (for certain items) if its stored and moved in uncontrolled environment. If Buyer wants to ensure and confirm the quality of the  product before sending, the Buyer can inspect the product at the time of packing at Seller’s dispatch point.   

4. If the order was confirmed by the Buyer over phone/verbal, based on the images of the product/s shared by the Seller, please note that image colour and  features may not be necessarily same as of the actual colour and features of the product, because images are dependent on the camera and lighting  condition at which it’s taken. With the same reason, non-acceptance of the material and raising any complaints on above such conditions will not be entertained.  

5. Goods are at the risk of Buyer during transportation, unless otherwise explicitly agreed between Seller and Buyer, but goods will remain the property of  the Seller until full payment has been received.  

6. Seller is never responsible for any damage whatsoever caused during the transportation and/or by defects of the goods and/or its packaging, to any  object or anybody.  

7. Buyer has to accept the delivery of goods, whether those are found in sound or damaged conditions.  

8. Buyer is obliged to inspect or test the goods before using them.  

9. Concerning the sold goods, Seller makes no warranties, express or implied, for fitness for a particular purpose.   

10. If material is sent on “To Pay” and/or “DOD” basis, it’s the responsibility of the buyer to collect the material after making payments within reasonable  time from the Transporters warehouse. Any demurrages charges by the transporters on account of delays, it’s on Buyer’s account.  

11. By any reason if the seller has to call back the material from the transporter or transporter return the goods to the Seller,  on account of non-acceptance  of material by the Buyer or not picking the material from the transporter in reasonable time even after reminding the Buyer, the whole transportation  cost and demurrages and cartages spent on account of this material movement will be payable by the Buyer and it will be adjusted against any advance  payments made by the buyer.   

12. If in case of any shortage/damage found by the Buyer while taking the delivery from Transporter, it’s the Buyer’s responsibility to get the proof of such  damages from the Transporters with proper document and official’s signature and seal, and it should be notified to Seller on same day or next working day to help them to raise the complaint on transporter. However, the responsibility of raising the claim and getting the settlements from the transporter lies with the Buyer.  

13. Buyer has to accept an over- or underweight of 10% without needing to be advised by Seller. But in case of shortages if any, it should be immediately brought to the notice of the transporter as well as necessary proof need to be maintained for submitting the claims.  

14.  Containers/Vehicle belonging to or made available by the Seller shall be emptied and cleaned and released upon arrival without delay.  

15. Any increase in freight costs and/or cost involved in cartage and/or loading & unloading shall be on Buyers’ account.  

16. Seller will not be responsible for failure to ship the goods hereby sold (or any part of them), nor for any delay in their transport or shipment, if the failure or delay is caused by “force majeure” as understood.  

17. Without limiting the foregoing (16), the notion of force majeure includes: a. Non-delivery of (raw) materials etc. by suppliers of Seller, war, threat of war,  mobilisation, civil unrest or riots or revolution or strikes, lockouts, boycott and any measure or step taken by any government or any group of persons purposing to act as government. b. Fire, floods, earthquakes or other major disasters. c. All governmental restrictions.  

18.  Seller has the right to cancel or suspend any future deliveries in case Buyer does not effects payment within the time specified and/or agreed upon mutually. The same applies if at a later stage unfavourable credit information about the Buyer comes to Seller’s knowledge.   

19.  If Buyer fails to discharge any of his obligations, or fails to do so in time or in a proper manner, or if he applies for bankruptcy, goes bankrupt, or if his  company is liquidated or applies for suspension of payment, Seller may unilaterally terminate the contract by written declaration altogether or in part,  without further notice of default and without legal intervention, or postpone execution of the contract altogether or in part without incurring any liability  for damages and without prejudice to any of his other rights.  

20.  Invoice has to be paid in full to Seller regardless of any claims. Buyer has no right to set-off any alleged claims on the Seller and/or to withhold any  payments for any reason whatsoever.  21.  Claims are limited to the value of the delivered goods. Once the goods are resold to another party, automatically any claims on the Seller will be 

 renounced.  

22.  Buyer must safeguard Seller against any claim by a third party.  

23.  Any disputes which may arise in connection to the contract between Seller and Buyer will be settled by arbitration in accordance with the Indian Law and at Kochi, Kerala.  

24.  The goods will be invoiced at prices valid on the date of order acceptance. For further partial deliveries thereafter, if prices change between the date of  order acceptance and the invoice date, the new prices will come into force for those quantities not yet supplied/shipped (which Seller has to inform to  Buyer before effecting shipment). In case of price increase after order acceptance, Buyer has the right to cancel the balance of the contract, of which Buyer must inform Seller in writing within 3 working days after receipt of Sellers’ information of such price increase.  

25.  All banking costs is in the account of the Buyer.