Sparsh Bio Private Limited- General Conditions of Sale
The STANDARD TERMS OF SALE (“TERMS OF SALE”) is an electronic document in the form of an electronic contract which was created under the Information Technology Act of 2000 and the rules contained therein, along with amendments to the information technology act of 2000.
SPARSH BIO or SPARSH BIO otherwise identified on the face of this document is known as “The Company”, and “The Purchaser” is the person, firm, or company to whom the Company is providing the goods and services. “Goods” means the goods, materials, and/or other items to be supplied pursuant to the contract. “Services” means the services to be supplied pursuant to the contract.
The Company’s Terms and Conditions shall prevail over any terms or conditions which the Purchaser may specify in the Purchaser’s order, correspondence, or elsewhere unless they are specifically agreed to in writing by the Company and made to form part of the Contract. Any other conditions or terms to the contrary are hereby excluded or stricken.
A price or quotation by the Company does not constitute an offer, and the Company reserves the right to revoke or amend it at any time before the Purchaser’s order is accepted by the Company. Unless the quoted prices are stated to be fixed, the price payable for the Goods or Services is the price charged by the Company at the time of dispatch or supply of the Services. The Company is entitled to change quoted prices at any time to reflect changes in cost, including but not limited to increases in raw materials or labor and changes in exchange rates. The price of the Goods is “ex-works” and excludes Goods and Services Tax, other duties, or taxes which are levied on the Goods or Services by any government or other authority.
The Company is not responsible for delays in delivery, however, they arise, and they are only estimates and have no contractual effect. Delivery or performance dates specified in any quotation or acceptance form or elsewhere are only indicative and are without contractual force. If the Purchaser does not accept or return any delivery of the Goods in accordance with the Contract, the Company has the right to invoice the Purchaser for such Goods, or to deliver and invoice the Purchaser for the remaining Goods which are undeliverable or to suspend or cancel any further deliveries under the Contract. The Company shall be entitled to store at the risk of the Purchaser any Goods that the Purchaser refuses or refuses to accept, and the Purchaser shall pay the cost of such storage, along with any additional charges or transportation incurred as a result of such refusal or failure, in addition to the invoice price. The Company shall be entitled to dispose of the Goods in such manner as it may determine after the expiration of 3 months from the date on which the price became payable. The Goods are considered delivered and the risk therein transferred to the Purchaser when the Company notifies the Purchaser that the Goods are available for collection, unless otherwise specified. The Company has the right to suspend all or any additional deliveries until payment or to terminate the Contract in its entirety by notifying the Purchaser in writing.
Unless the Purchaser has filed a claim in writing within 2 days of receipt of the Goods, the Company is not liable for any visible defects or non-conformities and/or for any shortage in the quantity delivered. Where the Company accepts responsibility for a shortage, the Company’s only obligation is to remedy it. In any case, direct, indirect, or consequential, the Company is not liable to the Purchaser for loss of profit, business, or depletion of goodwill, or for claims for consequential damages of any kind (howsoever caused), arising from or in connection with the Contract, whether such loss or claim was anticipated or in the plan of the parties, and whether it is caused by a breach of contract, tort (including negligence and breach of statutory duty), indemnity, or any other cause.
- Force Majeure
The Company is not liable for any loss or damage that the Purchaser may suffer as a direct or indirect consequence of the Company’s failure, impediment, or delay in providing the Goods or Services because of force majeure. Force majeure circumstances shall mean any act of God, riot, strike, lockout, trade dispute, labor disturbances, accident, breakdown of plant or machinery, fire, flood, difficulty securing laborers, materials or transport, or any other circumstance outside the Company’s control that prevents the Company from supplying the Goods or providing the Goods or the raw materials therefor by the Company’s usual source of supply, or from manufacturing the Goods using the Company’s normal means, or from delivering the Goods normally.
Any notice required to be given in writing under this Agreement is deemed to have been properly given when it is delivered to the party concerned at its principal place of business or last known address by courier or registered mail.
- Governing Law
The Contract shall be governed by the laws of India, and any dispute arising from or in connection with it, including any question about its existence, validity, or termination, shall be arbitrated under the LCIA India Arbitration Rules and finally settled by arbitration. The number of arbitrators shall be three. The arbitration shall be conducted in Delhi, and the language to be used in the arbitration shall be English.