Terms and Conditions
GENERAL TERMS AND CONDITIONS OF THIS PURCHASE ORDER
Busch Vacuum India Pvt. Ltd.
Shall mean the person, firm or corporation on whom the order is placed.
- Please mention Purchase Order No. on all challan/Invoice to facilitate co-relating the same in our system. Failure to do so may result in delay in processing documents & payment for which supplier shall be solely responsible.
- Order has been placed on the representations of the seller that the seller possesses the requisite ability to make the supplies as per the desired requirement, quality and quantity and full satisfaction of BVIPL and within the agreed time frame.
- Except as specifically mentioned in the purchase orders no other debts, obligations, contracts and liabilities of the Seller whatsoever are being assumed by BVIPL prior or pursuant to this Order or otherwise unless specifically agreed to in writing by BVIPL.
- Delivery of material shall be accepted at the destined premises of BVIPL only, on working days.
- IMPORTANT NOTE: Please ensure that all the fields in road permit (if applicable) to be filled by supplier as well as transporter are duly & clearly filled. Do not allow the vehicle to leave your premises unless all details pertaining to supplier as well as transporter are completely filled. Any penalty or liability arising on account of Incomplete / improperly filled road permit (if applicable) shall be to your account. BVIPL will not be liable / accountable for any such liabilities (For Sellers outside State).
- Delivery of the material shall be concluded in finality within specified delivery period. In case of delay in dispatch, BVIPL reserves the right to cancel the order and charge the seller the extra cost incurred by BVIPL in procuring material from other sources, Any delay will result in liquidated damages @ 0.50% per week and up to a maximum of 5% of the basic value of the Purchase Order payable by the supplier or as mutually agreed.
- One Delivery Challan / Invoice should not contain material for more than one purchase order. Invoice and packing list or Invoice-cum-challan should be submitted in duplicate.
- Excess quantity unless accepted, shall be liable to be rejected and returned at supplier / vendor's cost.
- The goods shall be safeguarded for any wear and tear by the supplier and the damaged goods shall not be accepted by BVIPL. The supplier shall be solely liable for any damage on account of improper packing, mishandling etc
- Any loss due to disallowance of our claim of Modvat /Cenvat or any other statutory requirements due to incorrect/wrong documentation by the supplier, shall be the responsibility of the supplier and BVIPL shall be entitled to recover any loss due to any such act from the supplier.
- The Delivery vehicle should have valid PUC Certificate, failing which the penalty will be levied or material will be returned back.
- Supplier to take adequate precautions toward environmental compliance.
- All supplies of equipment, raw material and instruments must accompany required Test / Performance certificate conforming relevant India / Indian standards.
- Please note that BVIPL shall release all payments through RTGS / NEFT preferably. Please furnish your Bank and Account details including IFSC code of the branch necessary for online payment, along with Order Acknowledgement to BVIPL. Please ignore in case the details are already furnished to BVIPL. If there are any changes in the details submitted to BVIPL, please inform immediately. Any shortage found at BVIPL, shall be deducted from the payment of supplier and BVIPL's decision in this respect shall be final and binding.
- Wherever required, supplier shall supply two sets of operational / maintenance manuals, catalogues and list of supplies along with the supply of equipments, instruments etc.
- All cost due to rejection, being not in accordance with the approved sample and / or specifications laid down in PO, shall be borne by the supplier including the loss, which BVIPL may suffer due to inferior quality.
- Supplier should ensure goods supplied are in conformity with applicable statutory regulations prevailing in the country at the time of supply.
- BVIPL shall not be liable for any un toward outcome due to any unforeseen acts which may be beyond the control of BVIPL and not within the recognised Force Majeure Clause.
- BVIPL shall be legally entitled to withhold any payments for any deficiencies, loss or damages occurred due to the negligent acts of the supplier or breach of the terms and conditions agreed upon.
- All claims arising from the purchase order shall only be subjected to jurisdiction of Gurgaon.
- Any dispute arising out of the agreement shall be referred to a sole Arbitrator to be appointed by BVIPL and the decision of the said Arbitrator shall be final and binding upon the parties. The venue of Arbitration shall be at Gurgaon. Performance of this order shall continue during arbitration and any subsequent proceeding.
- For any changes / amendment in the order. BVIPL will issue subsequent order amendment. Changes mutually agreed upon as a Change shall constitute a part of this order, and the provisions and conditions of the order shall apply to said changes / amendment.
- Any new taxes by the State or Central Govt. will be applicable at the time of Invoice will be paid by BVIPL & any benefits due to reduction has to be passed back to BVIPL.
- The supplier shall keep all information and other terms and conditions in relation to this Order and also in relation to BVIPL'S confidential and shall not share / disclose / divulge without the prior written consent of BVIPL unless required by order or law.
- Order Acceptance: Besides other means of communicating the acceptance of order, the acceptance on Duplicate copy / Photocopy of the order should be duly signed & stamped and should be send to BVIPL by courier / email within Five days of receipt of Order else it will be presumed that the PO is accepted in total with all Terms & Conditions and the supply will be made in time.
- The terms & condition mentioned in Po under the heading "special terms" will supersede any of the above terms as mentioned. With the acceptance of the Purchase Order and with all its terms & conditions the seller waives & considers as void all & any of the Seller's general sales conditions.
- BVIPL reserves its right to cancel any purchase order at any time prior to its delivery. In such case the vendor will be required to forthwith return the advances received if any from BVIPL. In case of failure of the refund of money by the vendor BVIPL will be entitled to claim interest @18% P.A until the receipt of entire advance”.