Terms and Condition of Sales – COS
Prices quoted are for delivery Ex-Works Bavla, Ahmedabad, in unpacked condition unless otherwise stated in the offer. If we are called upon to do packing, the charges will be extra as stated in the offer. Forwarding charges will be extra as stated in the offer for despatch by Rail/Road. However forwarding charges will be NIL if the goods are collected by Purchaser or his authorised agent from KCIPL’s Works at Bavla. Prices quoted herein are based on labour and material costs prevailing at the time of offer. Increase in such costs before completion of contract plus applicable overhead may be invoiced to Purchaser.
- TAXES AND DUTIES:
Sales Tax (State/Central), Excise Duty, Octroi and other taxes/duties, as applicable will be levied extra at the rates ruling at the time of despatch/invoicing. If Purchaser is entitled to claim preferential rate of Sales Tax, the order should be accompanied by a valid Sales Tax Declaration Form, failing which, KCIPL will charge Sales Tax at full rate without further reference to the Purchaser and no claim for refund at a future date will be entertained after the goods are despatched. For despatches from Bavla, preferential sales tax forms are to be made out to our registered office at Bavla.
Further should any Central, State, Municipal or other laws be enacted subsequent to date of his offer, the direct or proximate result of which will be to increase the basic labour, material and any other costs, Purchaser agrees to reimburse KCIPL for such increased coasts upon being invoiced for them.
- Excise duty will also be applicable on packing and forwarding charges of excisable items, as per prevalent excise rules.
- Excise duty will be charged on ruling list price (irrespective of price at which order is accepted) and ruling rate at time despatch.
- The excise duty amount would be claimed extra at actuals and documentary evidence i.e. gate pass would be furnished on request. In case the products are manufactured by sister companies/sub-contractor/ancillaries which require payment of excise duty on our selling price, the excise duty amount would be claimed by us as reimbursement against the gate pass issued by the respective sister company/sub-contractor/ancillary.
- PAYMENT / DESPATCH:
30% value of the order is payable in advance with the order which will not earn any interest on any account whatsoever. Balance, including all applicable taxes, duties, packing and forwarding charges etc. will be collected through bank by a sight draft against Rail Receipt/Lorry Receipt. Payment should be made immediately on presentation of the bill by the bank. Interest will be charges @ 24% per annum after a lapse of 5 days from the date of presentation of KCIPL’s sight bill. This will apply to part despatches as well. All Bank Charges of the Purchaser’s Banker will be borne by the Purchaser. Purchaser is to specify his Banker’s name and address in the Purchase Order.
For local delivery, balance payment has to be made against Proforma Invoice on our notifying that goods are ready for collection. In case of delay beyond 5 days from date of presentation of Proforma Invoice, interest charges @ 24% per annum will apply till date of payment.
For outstation delivery, if customer desire delivery by road transport and are nominating their own carriers, such carriers must be Bank approved. Customers nominating the carriers are also requested to give a choice of 2/3 transporters, so that the despatches are not held up due to inability of a of the carriers is not being able to offer the trucks in time. In case Purchaser nominates transporters who are not Bank approved, such transporters will have to satisfy our internal approval formalities, failing which we reserve the right to despatch through any one of our regular approved road carrier at their standard rates. In such an event no disputes will be entertained. Unless specifically requested in the order, KCIPL will not negotiate rates with the Purchaser’s nominated carrier.
Door Delivery requested by Purchaser may be entertained, subject to production of consignee copy to the carrier after making payment and clearing documents from the Bank
This offer will remain valid for acceptance if the firm order and advance reaches us within 30 days from the date of offer, unless otherwise specified, except that KCIPL reserves the right to withdraw the offer at any time before formal acceptance by Purchaser and approval in writing by an Officer of KCIPL.
- GRADE /SPECIFICATIONS
The tile manufactured and sold by the KCIPL is Standard Grade and will equal or exceed the minimum grade specifications established by the Tile Industry and published in Bureau of Indian Standard , ASTM International and will be shipped in sealed packages with quality of tile contained therein clearly indicated on each package.
It is the buyer’s responsibility to inspect the Company’s material before installation and if for any reason the material is regarded as unsatisfactory, KCIPL must be notified before installation is begun. KCIPL shall not be liable for and will not recognize any claims made after the start of installation for tile said to be incorrectly sized, shaded, packed, mounted not matching prior shipment, or otherwise unsatisfactory. Consequently, the Company will not make allowances for labor claims for replacing tile or for other charges.
The Company will, at its option either (1) provide substituted material (without allowance for installation) or (2) refund to buyer the purchase price of defective materials upon their return to the KCIPL. Materials may be returned to the KCIPL at the KCIPL’s expense only after inspection by the KCIPL and after receipt by buyer of shipping instructions. KCIPL shall have no liability whatsoever for incidental or consequential damages resulting from breach of any applicable warranty or otherwise.
The warranties set forth herein are in lieu of all other warranties expressed or implied. KCIPL DISCLAIMS ALL OTHER WARRANTIES INCLUDE ING IMPLIED WARRANTIES AND FITNESS FOR ANY PARTICULAR USE.