1. Agreement

The sale of machinery and machinery spares are governed by the terms and conditions set forth in this document. By placing an order, the buyer acknowledges acceptance of these terms.

2. Price and Payment

• The price of the machinery is as stated in the invoice/contract.
• Prices are exclusive of all taxes (including GST), duties, transportation, and insurance charges unless explicitly mentioned.
• Payments should be made via the date mentioned on the invoice.
• Kindly be noted that an interest @20% p.a. would be charged on overdue amount until it remains unpaid.

3. Taxes

All applicable taxes will be charged as per prevailing rates on the date of the final invoice. Any increase in taxes post-order will be borne by the buyer.

4. Delivery and Installation

• Delivery will be made within [X] days/weeks from the date of order confirmation or receipt of advance payment.
• Delivery terms: unless otherwise specified in the contract.
• Any delay in delivery due to unforeseen circumstances (force majeure) will not hold the manufacturer liable.
• Installation (if applicable) will be carried out by qualified personnel provided by the manufacturer at the buyer’s site. Any additional costs for installation, if not included in the offer, will be borne by the buyer.

5. Transfer of Title and Risk

• Ownership of the machinery transfers to the buyer upon full payment.
• Risk of loss or damage passes to the buyer upon delivery of the machinery to the buyer’s site or carrier.

6. Warranty (if applicable)

• The manufacturer provides a warranty against manufacturing defects for a period of 12 months from the date of delivery or installation.
• This warranty covers parts and labour required to repair manufacturing defects. It does not cover wear and tear, improper use, unauthorized modifications, or damage due to external factors.
• In the event of a defect, the manufacturer will repair or replace the defective parts at its discretion.
• The warranty is void if the machinery is repaired or altered by unauthorized personnel.
• The warranty will be invalidated if the buyer utilizes raw materials or chemicals sourced from third parties instead of those provided by the seller.

7. Commissioning and Acceptance

• Once the machinery is installed, the buyer is required to conduct tests for its proper functioning within 10 days of installation.
• If the buyer fails to notify the manufacturer of any defects within this period, the machinery will be considered accepted, and the warranty period will commence.

8. Training

• If agreed, the manufacturer will provide training for the buyer’s team on the operation and maintenance of the machinery.
• Training will take place at the supplier facility and is subject to additional costs if not included in the sale contract.

9. Liability

• The manufacturer’s liability for any claim related to the sale of the machinery, whether based on contract, negligence, or any other cause, shall not exceed the total amount paid by the buyer for the machinery.
• The manufacturer is not liable for any indirect, consequential, or incidental damages, including loss of profits or revenue.

10. Force Majeure

The manufacturer shall not be liable for any failure to perform due to circumstances beyond its control, including but not limited to acts of God, war, strikes, natural disasters, or government restrictions.

11. Intellectual Property

• All intellectual property rights related to the machinery, including patents, designs, and trademarks, remain the property of the manufacturer.
• The buyer agrees not to reproduce, reverse-engineer, or otherwise infringe on the manufacturer’s intellectual property.

12. Cancellation and Return Policy

• Orders may only be cancelled with the written consent of the manufacturer. In case of cancellation, the buyer may be liable for any incurred costs.
• Machinery cannot be returned unless expressly agreed by the manufacturer and subject to a restocking fee.
• On cancellation of the order, any advance paid by the buyer shall be forfeited.

13. Dispute Resolution

• Any disputes arising out of or in connection with the sale of the machinery shall be settled through arbitration, in accordance with the laws of India.
• The jurisdiction for any legal proceedings shall be Mumbai, India.

14. Governing Law

This sale agreement shall be governed by and construed in accordance with the laws of India.

15. Confidentiality

Both parties agree to keep confidential all information exchanged during negotiations and execution of the sale agreement, except where required by law.