GENERAL TERMS & CONDITIONS
OF PURCHASE CONTRACT
THIS IS A PURCHASE CONTRACT WHERE IN THE BUYER REFERS TO M/S MUKESH TRENDS LIFESTYLE LIMITED OR IT’S SISTER CONCERNS AND SELLER REFERS TO THE FIRM OR INDIVIDUAL NAME MENTIONED IN THE SUPPLIER/VENDOR COLUMN OF THE PURCHASE ORDER/AGREEMENT.
THE SELLER SHALL ENSURE THE QUALITY OF GOODS/SERVICES SUPPLIED WILL BE AT PAR WITH THE SPECIFICATION OF THE PURCHASE ORDER OR DETAILED MENTIONED TO THEM VIA EMAIL OR IN WRITTEN. THE BUYER RESERVES THE RIGHT TO MAKE AN AMENDMENT TO THE SPECIFICATIONS WITHIN 15 DAYS OF ISSUANCE OF PURCHASE ORDER. IN CASE OF AMENDMENT THE QUALITY SHOULD BE AT PAR WITH THE CHANGES/AMENDMENT.
ALL SUPPLIES OF GOODS/SERVICES WILL BE SUBJECT TO INSPECTION AND ANY PROBLEMS WILL BE NOTIFIED WITHIN 30 DAYS OF RECEIPT OF THE GOODS/SERVICES. SUCH GOODS WILL HAVE TO BE REPLACED BY THE SELLER TO THE BUYER WITHIN 10 DAYS OF NOTIFICATION OR ELSE IT WOULD BE CONSIDERED BREACH OF CONTRACT BY THE SELLER, FOR IMPLICATIONS REFER POINT NO. 7.
THE REJECTED MATERIAL HAS TO BE PICKED UP BY THE SELLER WITHIN 7 DAYS OF NOTIFICATION FROM THE BUYER. THE BUYER SHALL NOT BE RESPONSIBLE IF THE MATERIAL IS NOT PICKED UP WITHIN 7 DAYS OF THE NOTIFICATION PERIOD. THE BUYER HAS THE RIGHT TO AUCTION THE GOODS TO RECOVER THE WAREHOUSING CHARGES IF NOT PICKED UP BY THE SELLER WITHIN 7 DAYS OF THE NOTIFICATION PERIOD.
ANY PAYMENT MADE PRIOR TO THE INSPECTION, SHALL NOT CONSTITUTE AS ACCEPTANCE OF GOODS. INCASE OF REJECTION OF GOODS/SERVICES SUPPLIED OR BREACH OF CONTRACT SUCH AMOUNT WILL HAVE TO BE REFUNDED BY THE SELLER IMMEDIATELY TO THE BUYER.
ANY NON ACCEPTANCE OF THIS ORDER BY THE SELLER WILL HAVE TO BE COMMUNICATED TO THE BUYER WITHIN 3 DAYS OF RECEIPT OF THE ORDER. IN CASE OF NON COMMUNICATION WITHIN 3 DAYS IT WILL BE DEEMED THAT THE SELLER HAS ACCEPTED THE PURCHASE ORDER.
THE DELIVERY OF THE ORDER OF GOODS/SERVICES WILL HAVE TO BE MADE AS MENTIONED IN DELIVERY SCHEDULE IN THE PURCHASE ORDER. IN CASE SELLER IS NOT ABLE TO DELIVER COMPLETE ORDER WITHIN THE DELIVERY SCHEDULE IN WILL BE TERMED AS BREACH OF CONTRACT.
IN CASE OF BREACH OF ABOVE POINT NO. 2,3, 6 OR 7 IF THE SELLER IS NOT ABLE TO COMPLETE THE CONTRACT/ORDER WITHIN THE DELIVERY SCHEDULE AND AS PER THE QUALITY SPECIFICATIONS MENTIONED BY THE BUYER, THE BUYER RESERVES THE RIGHT TO PENALISE THE SELLER FOR ANY LOSS ARISING DUE TO IT UP TO THE VALUE OF THE ORDER BUT WITHIN REASONABLE MANNER AND ALSO THE BUYER RESERVES THE RIGHT TO RETURN PARTIAL OR FULL SHIPMENT/DELIVERY OF THE GOODS RECEIVED.
THE BUYER RESERVES THE RIGHT OF FORCE MAJEURE UNDER SECTION 32 & 56 OF THE INDIAN CONTRACT ACT.
THE AGREEMENT IS SUBJECT TO AHMEDABAD JURISDICTION AND ANY DISPUTES ARISING OUT OF THIS CONTRACT SHALL BE DECIDED BY A COMPETENT COURT IN AHMEDABAD.
THE SELLER AND BUYER AGREE WITHOUT ANY FORCE OR COERCION TO THE TERMS AND CONDITIONS MENTIONED ABOVE FOR ANY PURCHASE CONTRACT BY M/S MUKESH TRENDS LIFESTYLE LIMITED TO THE SELLER AND HAVE UNDERSTOOD ITS IMPLICATION THEREOF.